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Articles 1 - 8 of 8
Full-Text Articles in Law
More D (Deliberation) For California’S Dd (Direct Democracy): Enhancing Voter Understanding And Promoting Deliberation Through Streamlined Notice-And-Comment Procedures, Glenn Smith
Glenn C. Smith
This article seeks to enhance public consideration of the pros and cons of streamlining California's informal-administrative-rulemaking procedures for reforming the state's direct democracy. To provide a concrete focus for discussion and quick adoption, Appendix I includes proposed amendments to existing California statutory provisions. This article provides a context for considering the proposed legislation by elaborating on five questions: Why Deliberation? (Part I): In this Part, the Article makes the case, both on the substantive merits and on practical political grounds, for focusing on deliberation-enhancement as the best "next wave" of initiative reform.8 Why the Administrative Model? (Part II): This Part …
Solving The ‘Initiatory Construction’ Puzzle (And Improving Direct Democracy) By Appropriate Refocusing On Sponsor Intent, Glenn Smith
Glenn C. Smith
This Article synthesizes and critiques a dozen years of scholarship about judicial construction of legislation passed by voter initiative. The Article then makes a comprehensive case for an alternative approach: an appropriately enhanced focus on the intent of initiative sponsors. More specifically, the Article validates, through analysis of recent California decisions, a longstanding scholarly consensus that the prevailing judicial search for "the intent of the voters" is seriously flawed. The Article provides the first synthesis to date of reform proposals offered by "initiatory-construction" scholars; the discussion contends that these proposals collectively fail four key evaluation criteria. Building on the 2003 …
More D (Deliberation) For California’S Dd (Direct Democracy): Enhancing Voter Understanding And Promoting Deliberation Through Streamlined Notice-And-Comment Procedures, Glenn Smith
Faculty Scholarship
This article seeks to enhance public consideration of the pros and cons of streamlining California's informal-administrative-rulemaking procedures for reforming the state's direct democracy. To provide a concrete focus for discussion and quick adoption, Appendix I includes proposed amendments to existing California statutory provisions. This article provides a context for considering the proposed legislation by elaborating on five questions: Why Deliberation? (Part I): In this Part, the Article makes the case, both on the substantive merits and on practical political grounds, for focusing on deliberation-enhancement as the best "next wave" of initiative reform.8 Why the Administrative Model? (Part II): This Part …
Solving The ‘Initiatory Construction’ Puzzle (And Improving Direct Democracy) By Appropriate Refocusing On Sponsor Intent, Glenn Smith
Faculty Scholarship
This Article synthesizes and critiques a dozen years of scholarship about judicial construction of legislation passed by voter initiative. The Article then makes a comprehensive case for an alternative approach: an appropriately enhanced focus on the intent of initiative sponsors. More specifically, the Article validates, through analysis of recent California decisions, a longstanding scholarly consensus that the prevailing judicial search for "the intent of the voters" is seriously flawed. The Article provides the first synthesis to date of reform proposals offered by "initiatory-construction" scholars; the discussion contends that these proposals collectively fail four key evaluation criteria. Building on the 2003 …
Legislative Apportionment In Indiana: A Case History, Leon H. Wallace
Legislative Apportionment In Indiana: A Case History, Leon H. Wallace
Indiana Law Journal
No abstract provided.
The Significance Of Baker V. Carr For Indiana
The Significance Of Baker V. Carr For Indiana
Indiana Law Journal
No abstract provided.
Reapportionment In The Indiana Legislature: Judicial Compulsion Of Legislative Duty
Reapportionment In The Indiana Legislature: Judicial Compulsion Of Legislative Duty
Indiana Law Journal
No abstract provided.
Griffith: Congress - Its Contemporary Role, George Meader
Griffith: Congress - Its Contemporary Role, George Meader
Michigan Law Review
A Review of Griffith: Congress - Its Contemporary Role. Second Revised Edition. By Ernest F. Griffith.