How Might Direct Democracy Affect Individual Liberties?

By 1977, Justice Brennan realized that the Supreme Court moving away from the ideals of the Warren Court, and that it was retracting some of its former protections on civil liberties. Justice Brennan also noticed that the states were beginning to interpret their own constitutions’ protections more broadly than the new federal standard, in an […]

Abstract: How Should States Protect Individual Liberties? An Evaluation of the Comparative Efficacy of Judicial Federalism and Direct Democracy at Protecting Individual Liberties in Oregon

Both direct democracy (specifically the initiative and referendum systems) and the doctrine of New Judicial Federalism arose in the United States as progressive attempts at, in part, providing more protections for individual rights.[i] However, each strategy has been critiqued, both generally and specifically, with regards to its particular progressive goal of protecting individual rights.[ii], [iii], [iv] The […]