Cases and Materials on Direct Democracy in California

When I first contemplated a casebook focused on California's legislative branch of government, I considered a section dedicated to the forms of direct democracy found in the state. However, as I explored the topic further, and I read dozens of cases, I realized that a casebook could be focused just on California's treatment of the three forms of direct democracy. As a result, I compiled the materials that are contained in this casebook.I also researched books, law review articles and other sources for information on California's forms of direct democracy. After examining these materials, especially court decisions in California, I recognized that there is not any specific law school casebook for the largest state in the union and one of the most prevalent users of direct democracy in the nation. That really set-in motion the work that resulted in this casebook.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. Each section then delves into the key court decisions.As the reader might imagine, 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.