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Law & Politics: The Case Against Judicial Review Of Direct Democracy, Corey A. Johanningmeier Oct 2007

Law & Politics: The Case Against Judicial Review Of Direct Democracy, Corey A. Johanningmeier

Indiana Law Journal

This Note argues against strong judicial review of direct democracy. Judicial review has been the dominant answer in legal scholarship for the perceived danger of majoritarian tyranny in any democratic system. But Progressive movements throughout American history, as well as a growing number of respected law professors, have questioned the assumption that courts or even legislatures are better protectors of discrete and insular minorities than the rights-respecting populace. Although the vast majority of legal scholarship still displays a crippling cynicism about popular competence, this view cannot continue to block progressives from participating in initiative campaigns. Exclusive resort to elitist procedural …


Popular Dissatisfaction With Judicial Restraint-Do Americans Really Want An Independent Judiciary?, Michael S. Greco Jan 2007

Popular Dissatisfaction With Judicial Restraint-Do Americans Really Want An Independent Judiciary?, Michael S. Greco

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.


Capital Defense Representation, Norman Lefstein Jan 2007

Capital Defense Representation, Norman Lefstein

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


From Kiev To Columbus: A Perspective On Judicial Independence, Thomas J. Moyer Jan 2007

From Kiev To Columbus: A Perspective On Judicial Independence, Thomas J. Moyer

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.


Judges' Pay: A Chasm Far Worse Than Realized, And Worsening, Roy A. Schotland Jan 2007

Judges' Pay: A Chasm Far Worse Than Realized, And Worsening, Roy A. Schotland

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.


Roscoe Pound Round-Table Discussion, Judith Resnik, Leroy Rountree Hassell Sr., Margaret H. Marshall, Clifford W. Taylor, Lucy A. Dalglish, Luke Bierman, Mark S. Curriden Jan 2007

Roscoe Pound Round-Table Discussion, Judith Resnik, Leroy Rountree Hassell Sr., Margaret H. Marshall, Clifford W. Taylor, Lucy A. Dalglish, Luke Bierman, Mark S. Curriden

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.


Popular Dissatisfaction With The Administration Of Justice: A Retrospective (And A Look Ahead), Barry Friedman Jan 2007

Popular Dissatisfaction With The Administration Of Justice: A Retrospective (And A Look Ahead), Barry Friedman

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.


Governing By Network: The Answer To Pound's Unanticipated Dissatisfaction, Stephen Goldsmith Jan 2007

Governing By Network: The Answer To Pound's Unanticipated Dissatisfaction, Stephen Goldsmith

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.


The State Of The Onion: Peeling Back The Layers Of America's Ambivalence Toward Judicial Independence, Charles G. Geyh Jan 2007

The State Of The Onion: Peeling Back The Layers Of America's Ambivalence Toward Judicial Independence, Charles G. Geyh

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.