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- Seattle University Law Review (3)
- Florida State University Law Review (2)
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- Akron Law Review (1)
- Articles by Maurer Faculty (1)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (1)
- Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11) (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Life of the Law School (1993- ) (1)
- Maine History (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- University of Miami Law Review (1)
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Articles 1 - 21 of 21
Full-Text Articles in Law
Law School News: Rwu Law Alum Elected Attorney General Of Maine 12-06-2018, Alex Acquisto, Roger Williams University School Of Law
Law School News: Rwu Law Alum Elected Attorney General Of Maine 12-06-2018, Alex Acquisto, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Amending Clause In The New York Constitution And Conventionphobia, Gerald Benjamin
The Amending Clause In The New York Constitution And Conventionphobia, Gerald Benjamin
Pace Law Review
The amending clause is the nineteenth of the New York State Constitution’s twenty articles. Followed only by the enacting clause, for all intents and purposes this is the document’s final word. Well, maybe not the final word. An alternative is to think of this amending clause as a part of an ongoing several-centuries-long conversation. The clause is a message from one past group of designers and drafters of New York’s governing system, the 1846 Constitutional Convention majority, to all of us who gave them the charge to “secure [for us] the blessings of freedom,” that is to “we the people” …
Hope Vs. Fear: The Debate Over A State Constitutional Convention, Henry M. Greenberg
Hope Vs. Fear: The Debate Over A State Constitutional Convention, Henry M. Greenberg
Pace Law Review
On November 7, 2017, New Yorkers will go to their polling places and receive ballots containing a thirteen-word referendum question: “Shall there be a convention to revise the constitution and amend the same?” That question appears on the ballot because the New York State Constitution commands that at least once every twenty years voters are asked whether or not to call a constitutional convention. The mandatory referendum reflects Thomas Jefferson’s belief that every generation the people should be given a chance to revise their basic law.
Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections, Craig M. Burnett, Mathew D. Mccubbins
Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections, Craig M. Burnett, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
Initiative And Referendum, Carter V. Celebrezze, Maryanne Rackoff
Initiative And Referendum, Carter V. Celebrezze, Maryanne Rackoff
Akron Law Review
At the beginning of the twentieth century, the process of popular legislation through the use of initiative and referendum measures gained popularity in the United States. It was during this period that twelve states, including Ohio, adopted the measures of initiative and referendum. Theodore Roosevelt advocated the adoption of these measures at the Ohio Constitutional Convention of 1912 where the Ohio legislature enacted provisions for the use of these methods of popular legislation.
California's Constitutional Right To Privacy, J. Clark Kelso
California's Constitutional Right To Privacy, J. Clark Kelso
Pepperdine Law Review
No abstract provided.
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Pepperdine Law Review
No abstract provided.
Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts
Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts
Michigan Law Review
Nearly half of U.S. states offer a ballot initiative process that citizens may use to pass legislation or constitutional amendments by a popular vote. Some states, however, impose substantive restrictions on the types of initiatives citizens may submit to the ballot for a vote-precluding, for example, initiatives lowering drug penalties or initiatives related to religion. Circuit courts are split on whether and how such restrictions implicate the First Amendment. This Note argues that-rather than limiting "expressive conduct" protected only minimally by the First Amendment, or limiting pure conduct that does not garner any First Amendment protectionsubject matter restrictions on ballot …
Slides: Idaho Rental Pool: Rules And Procedures, Idaho Water Resource Board, Jerry R. Rigby
Slides: Idaho Rental Pool: Rules And Procedures, Idaho Water Resource Board, Jerry R. Rigby
Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)
Presenter: Jerry Rigby, Counsel for Fremont‐Madison Irrigation District, Rigby, Thatcher, Andrus, Rigby & Moeller, Idaho
25 slides
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
6 pages.
"James May, Widener University School of Law" -- Agenda
Democracy's Harvest: Resources For Massachusetts Voters' Initiatives And Referendums, Spencer E. Clough
Democracy's Harvest: Resources For Massachusetts Voters' Initiatives And Referendums, Spencer E. Clough
Faculty Publications
Massachusetts initiatives and referendums, based upon a lengthy and complicated constitutional amendment, present legal and historical researchers with a number of questions and issues to resolve. This review of the resources on initiatives and referendums attempts to provide guidance for these researchers, while provoking critical thinking about issues past, present, and future.
Slides: The Trust For Public Land: Conserving Land For People, Ernest Cook
Slides: The Trust For Public Land: Conserving Land For People, Ernest Cook
Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)
Presenter: Ernest Cook, Senior Vice President, Conservation Finance Program, The Trust for Public Land, Boston, MA
19 slides
Internet Voting With Initiatives And Referendums: Stumbling Towards Direct Democracy, Rebekah K. Browder
Internet Voting With Initiatives And Referendums: Stumbling Towards Direct Democracy, Rebekah K. Browder
Seattle University Law Review
Imagine that it is Tuesday, November 4, 2008, and you realize that you have not yet voted for the candidate that you want to be President of the United States. The polls close at 7 p.m., and it is already 6:45 p.m. Instead of rushing off to the nearest polling place, you simply go to your computer, log in, fill out a ballot, and email your ballot to your designated polling website. The whole process takes fewer than ten minutes, and you have done your civic duty. Leading proponents of Internet voting point to five possible benefits of electronic voting: …
Courts As Watchdogs Of The Washington State Initiative Process, Kenneth P. Miller
Courts As Watchdogs Of The Washington State Initiative Process, Kenneth P. Miller
Seattle University Law Review
This Article describes the high rate at which courts have invali- dated Washington initiatives and then explores why this is so. The Article suggests that it is initiative lawmaking's Populist orientation—with respect to both its unfiltered majoritarian processes and its often—constitutionally suspect substance-that makes initiatives vulnerable to legal attack.
Direct Democracy Is Not Republican Government, Steven William Marlowe
Direct Democracy Is Not Republican Government, Steven William Marlowe
Seattle University Law Review
This Article will initially explain the examples of direct democracy in the states of Washington and Oregon. It will then analyze the United States Constitution's Guarantee Clause. Finally, this Article will argue that state initiative and referendum provisions are inconsistent with a republican form of government and that laws passed through the use of this process are unconstitutional.
A Comment On The Evolution Of Direct Democracy In Western State Constitutions, Patrick L. Baude
A Comment On The Evolution Of Direct Democracy In Western State Constitutions, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Development Of The Maine Constitution: The Long Tradition, 1819-1988, Kenneth T. Palmer, Marcus Librizzi
Development Of The Maine Constitution: The Long Tradition, 1819-1988, Kenneth T. Palmer, Marcus Librizzi
Maine History
This article discusses the history of the Maine Constitution, Maine being one of only nineteen states that have retained their original charter. The 158 amendments to the constitution are reviewed.
The Referendum Requirement: A Constitutional Limitation On Local Government Debt In Florida, Tracy Nichols Eddy
The Referendum Requirement: A Constitutional Limitation On Local Government Debt In Florida, Tracy Nichols Eddy
University of Miami Law Review
No abstract provided.
Introduction, James Bacchus, Alaine Williams
Introduction, James Bacchus, Alaine Williams
Florida State University Law Review
No abstract provided.
Initiative And Referendum -- Do They Encourage Or Impair Better State Government?, Glibert Hahn, Iii, Stephen C. Morton
Initiative And Referendum -- Do They Encourage Or Impair Better State Government?, Glibert Hahn, Iii, Stephen C. Morton
Florida State University Law Review
No abstract provided.
Coigne: Statute Making, Michigan Law Review
Coigne: Statute Making, Michigan Law Review
Michigan Law Review
A Review of STATUTE MAKING. By Armand B. Coigne.