Law Commons^™

A Bakerian Response To Weinstein's Free Speech Theory, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.

Aspectos Democraticos De La Ley De Ordenamiento Territorial Y Usos Del Suelo De La Provincia De Mendoza Nª 8051, Luis Gabriel Escobar Blanco

Luis Gabriel Escobar Blanco

In these times when direct forms of democracy burst before formal institutions, the Land Use Planning Law in the Province of Mendoza is presented as valid and democratic alternative, which integrates direct citizen participation with the constitutional representative principle, contemplating identity cultural as a valid indicator for the management modelThis Law Nº 8051 formalizes and concrete the spirit of the quintessential democratic in three principles: government of the people, by the people and for the people. And we add our tradition the principle "the people want to know what it is"

Direct (Anti-)Democracy, Maxwell L. Stearns

Maxwell L. Stearns

Legal scholars, economists, and political scientists are divided on whether voter initiatives and legislative referendums tend to produce outcomes that are more (or less) majoritarian, efficient, or solicitous of minority concerns than traditional legislation. Scholars also embrace opposing views on which law-making mechanism better promotes citizen engagement, registers preference intensities, encourages compromise, and prevents outcomes masking cycling voter preferences. Despite these disagreements, commentators generally assume that the voting mechanism itself renders plebiscites more democratic than legislative lawmaking. This assumption is mistaken. Although it might seem unimaginable that a lawmaking process that directly engages voters possesses fundamentally antidemocratic features, this Article …

Direct (Anti-)Democracy, Maxwell L. Stearns

Faculty Scholarship

Legal scholars, economists, and political scientists are divided on whether voter initiatives and legislative referendums tend to produce outcomes that are more (or less) majoritarian, efficient, or solicitous of minority concerns than traditional legislation. Scholars also embrace opposing views on which law-making mechanism better promotes citizen engagement, registers preference intensities, encourages compromise, and prevents outcomes masking cycling voter preferences. Despite these disagreements, commentators generally assume that the voting mechanism itself renders plebiscites more democratic than legislative lawmaking. This assumption is mistaken.

Although it might seem unimaginable that a lawmaking process that directly engages voters possesses fundamentally antidemocratic features, this Article …