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Anthony Johnstone

Anthony Johnstone

Assistant Professor of Law / Assoc. Dean of Faculty Development
Law 311

Anthony Johnstone is an Assistant Professor at the University of Montana School of Law. He teaches and writes on Federal and State Constitutional Law, Election Law, Public Regulation of Business, and related subjects. He is a recipient of the Margery Hunter Brown Award for teaching and service. Professor Johnstone has testified before the United States Senate Judiciary Committee and the Montana Legislature, and spoken at academic, professional, and popular events across Montana and the United States. His legal work has been featured in the state and national press, including The Los Angeles Times, The New York Times, The Wall Street Journal, and The National Law Journal, which named him its Appellate Lawyer of the Week in May 2012. 

Before joining the School of Law, Professor Johnstone served as the Solicitor for the State of Montana. In that position, he represented the State in more than two-dozen constitutional, complex civil, and criminal cases in trial and appellate courts, including the Montana Supreme Court, the United States Court of Appeals for the Ninth Circuit, and the Supreme Court of the United States. Professor Johnstone also clerked for the Honorable Sidney R. Thomas, United States Court of Appeals for the Ninth Circuit, and practiced litigation as an associate at Cravath, Swaine & Moore in New York, New York.

Professor Johnstone serves as a member of the Montana Supreme Court’s Advisory Commission on Rules of Civil and Appellate Procedure. He is an elected member of the American Law Institute, where he serves as an advisor on the Principles of Government Ethics project and in the member consultative group of the Principles of Election Law project. He holds a B.A. from Yale University and a J.D. with honors from the University of Chicago Law School.


Response, Commandeering Information (and Informing the Commandeered)
     161 U. Pa. L. Rev. PENNumbra __ (2013) (forthcoming)

The State of the Republican Form of Government in Montana
     74 Mont. L. Rev. __ (2013) (forthcoming)

Council of Appellate Lawyers, The Appellate Practice Compendium
     (Montana chapter) 
(Dana C. Livingston, ed., American Bar Association 2012)

A Madisonian Case for Disclosure
     19 Geo. Mason L. Rev. 413 (2012)

The Constitutional Initiative in Montana
     71 U. Mont. L. Rev. 325 (2010)

Captive Regulators, Captive Shippers: The Legacy of McCarty Farms
     70 U. Mont. L. Rev. 239 (2009)

Peremptory Pragmatism: Religion and the Administration of the Batson Rule
     1998 U. Chi. Legal F. 441

Scholarly Papers: