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Professor of law Robert Weisberg discusses the recent California Supreme Court case legalizing gay marriage and analyzes "the activism trope." Many activists are angry about the decision, stating it is undemocratic, but he writes, "[...] the focus on California is especially ironic. Here in the Golden State we have a ruling that may last just a few months, given the voters’ penchant for—indeed their addiction to—direct democracy."
Weisberg moves on to discuss some of the history of judicial politics in California, as well as some of the deeper constitutional and historical themes that are playing out in this case.
Other publications by this author
- Approaches to Assessing the Effects of Marijuana Criminal Law Repeal in California
- California's De Facto Sentencing Commissions
- The Unlucky Psychopath as Death Penalty Prototype
- Life in Limbo: An Examination of Parole Release for Prisoners Serving Life Sentences with the Possibility of Parole in California
- Right-Wing Propaganda
- The Dangers of Pyrrhic Victories Against Mass Incarceration
- HIgh Court Reinforces Fifth Amendment Doctrine Against Lower Courts
- Strickland v. Washington, 466 U.S. 668 (1984)
- Capital Punishment
- Furman v. Georgia, 408 U.S. 238 (1972)
Author
- Robert Weisberg
- Stanford Law School
- weisberg@stanford.edu
- 650 723.0612