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Jurisprudence Commons

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Full-Text Articles in Jurisprudence

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 …


Building Support For Strong, Fair, And Impartial Courts, Michael A. Wolff Jan 2007

Building Support For Strong, Fair, And Impartial Courts, Michael A. Wolff

Indiana Law Journal

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


Misplaced Angst: Another Look At Consent-Search Jurisprudence, Daniel R. Williams Jan 2007

Misplaced Angst: Another Look At Consent-Search Jurisprudence, Daniel R. Williams

Indiana Law Journal

No abstract provided.