Richard L. Hasen (Loyola Law School Los Angeles) has posted Ending Court Protection of Voters from the Initiative Process (Yale Law Journal Pocket Part, Vol. 116, p. 115, 2006) on SSRN. Here is the abstract:
When journalists write their stories about state ballot propositions in the 2006 election, they likely will focus on South Dakota's abortion rights referendum, Michigan's affirmative action measure, or the variety of eminent domain measures reacting to the Supreme Court's Kelo decision. But there's also a story about measures that courts have kept off the ballot in a misguided effort to protect voters from making hard or bad choices. In this short essay, I argue that states should repeal their “single subject” rules because judicial enforcement leads to arbitrary, perhaps result-oriented decisions that don't benefit voters.
