Cases and Materials on Direct Democracy in California

Cases and Materials on Direct Democracy in California

by Chris Micheli

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This casebook examines the initiative, referendum and recall. In each of the three sections of the casebook, we begin with an overview of the relevant law (both constitutional and statutory), followed by an explanation of the process, and then look at data provided by the California Secretary of State. There are a myriad of court decisions in California addressing legal issues that have arisen over the more than one hundred years these forms of direct democracy have existed in this state. The court decisions used in this casebook were chosen because they help explain the relevant law and provide a helpful analysis of the legal issues the court faced. After each decision, as well as with several sections of the explanatory materials, there are notes and questions provided to stimulate further thought and discussion of key legal issues raised. -- from publisher.

Discussion questions for Cases and Materials on Direct Democracy in California

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  1. 1

    How has your personal perception of California ballot measures evolved after exploring the constitutional and statutory framework behind the initiative process?

  2. 2

    Given that California's system of direct democracy has existed for over a century, do you believe the original intent of the Progressive movement to empower the citizenry is still being achieved today?

  3. 3

    The casebook highlights the tension between the will of the voters and judicial review; where should the balance lie when courts are asked to invalidate a successfully passed voter initiative?

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