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Biography of Anthony Johnstone


Biography of Anthony Johnstone



Anthony Johnstone

Anthony Johnstone is an Associate Professor at the University of Montana School of Law. He teaches and writes about Federal and State Constitutional Law, Election Law, Legislation, and related subjects. 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, practiced litigation as an associate at Cravath, Swaine & Moore in New York, New York, and clerked for the Honorable Sidney R. Thomas, United States Court of Appeals for the Ninth Circuit. He holds a B.A. from Yale University and a J.D. with honors from the University of Chicago Law School.


J.D. with Honors, University of Chicago (1999) B.A., Yale College (1995)

Courses Taught


The Federalist Safeguards of Politics, Harv. J. L. & Pub. Pol. (2016) (forthcoming)

A Past and Future of Judicial Elections: The Case of Montana, J. App. Pro. & Practice (2015) (forthcoming)

Foreword: The Future of Federalism, From the Bottom Up, 76 Mont. L. Rev. (2015)

The Hercules of Helena: Justice James C. Nelson and the Jurisprudence of Principle, 75 Mont. L. Rev. 199 (2014)

Outside Influence, 13 Election L. J. 117 (2014)

The System of Campaign Finance Disclosure, 99 Iowa L. Rev. Bull. 143 (2014)

Recalibrating Campaign Finance Law, 32 Yale L. & Pol'y Rev. 217 (2013)

Commandeering Information (and Informing the Commandeered), 161 U. Pa. L. Rev. 205 (2013)

Foreword: The State of the Republican Form of Government in Montana, 74 Mont. L. Rev. 5 (2013)

Testimony, "The Citizens United Court and the Continuing Importance of the Voting Rights Act," U.S. Senate Judicary Committee (Sept. 12, 2012)

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:


Elected Member, American Law Institute (Advisor, Principles of Government Ethics; Member Consultative Group, Principles of Election Law) Senior Counsel, National State Attorneys General Program, Columbia Law School Member, American Bar Association Member, State bars of Montana and New York; Federal bars of the U.S. Supreme Court, Ninth Circuit, District of Montana, and Southern, Eastern, and Northern Districts of New York

Professional Experience

Solicitor, State of Montana (2008-2011) Assistant Attorney General, State of Montana (2004-2008) Associate, Cravath, Swaine & Moore (2000-2003) Law Clerk, Hon. Sidney R. Thomas, United States Court of Appeals for the Ninth Circuit (1999-2000)

Honors / Awards

Robert & Pauline Poore Law Faculty Service Award (2015) Curriculum & Instruction Partnership Award (2015) Boone Faculty Scholarship Award (2013) Margery Hunter Brown Award for Teaching & Service (2012)

Publication Date

Fall 2015

Biography of Anthony Johnstone