LAW Direct Democracy
Civil Rights/Liberties: General
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[ Academia ] [ Regulatory & Policy ] Civil Rights/Liberties: General
Why it is relevant for ...
[ Academia ] [ Regulatory & Policy ] as a Related Elective for those interested in Political Process : This is a useful course for students interested in political law. Similarly, those whose focus is civil rights or immigration law will benefit from knowing something about the rules for state ballot measures, since many interest group initiatives affect the rights of minorities in the state.
General course Description:
In recent years, the use of ballot measures has sharply risen, and initiatives and referenda have featured prominently in contested debates over immigration, affirmative action, abortion, same sex marriage and term limits. This seminar will focus on direct democracy as a method of lawmaking. Our principal focus will be on initiatives and referenda, but we will allocate some time to the recall, as well. We will consider the history, practice, theoretical justifications, and constitutional dimensions of direct democracy, as well as how direct democracy interacts with representative democracy. We will also explore many legal questions that have arisen in as ballot measures have been used as instruments of governance and policy. Topics will include whether direct democracy comports with the federal constitution; judicial review and interpretation of ballot measures; minority rights under direct democracy; election rules relating to signature gathering, qualifying ballot measures, and campaign finance; and the role of interest groups. I anticipate one or more guest lecturers.
Course Style: A Substantive course teaches the law, theory, and policy in a particular area of law
Course Frequency: Offered once a year