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1997

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Articles 61 - 66 of 66

Full-Text Articles in Law

Gift Or Loan Of State Money, Court Of Appeals Gagliardo V. Dinkins Jan 1997

Gift Or Loan Of State Money, Court Of Appeals Gagliardo V. Dinkins

Touro Law Review

No abstract provided.


The Passive Virtues And The World Court: Pro-Dialogic Abstentation By The International Court Of Justice, Antonio F. Perez Jan 1997

The Passive Virtues And The World Court: Pro-Dialogic Abstentation By The International Court Of Justice, Antonio F. Perez

Michigan Journal of International Law

This article will describe how the World Court has abstained in a way that not only expresses its commitment to principled government but also implements a coordinate, participation-inducing agenda. The article argues that the most recent jurisprudence of the ICJ manifests an acceleration of this tendency in response not only to the need to conserve judicial resources in light of the increased use of the Court by States, but also, and more significantly, to the enhanced law-making activity of the political organs of the U.N.


Dedication To The Honorable Richard D. Simons, Patrick M. Connors Jan 1997

Dedication To The Honorable Richard D. Simons, Patrick M. Connors

Touro Law Review

No abstract provided.


The Charter Dialogue Between Courts And Legislatures (Or Perhaps The Charter Of Rights Isn't Such A Bad Thing After All), Peter W. Hogg, Allison A. Bushell Jan 1997

The Charter Dialogue Between Courts And Legislatures (Or Perhaps The Charter Of Rights Isn't Such A Bad Thing After All), Peter W. Hogg, Allison A. Bushell

Osgoode Hall Law Journal

This article responds to the argument that judicial review of legislation under the Canadian Charter of Rights and Freedoms is illegitimate because it is undemocratic. The authors show that Charter cases nearly always can be, and often are, followed by new legislation that still accomplishes the same objectives as the legislation that was struck down. The effect of the Charter is rarely to block a legislative objective, but rather to influence the design of implementing legislation. Charter cases cause a public debate in which Charter-protected rights have a more prominent role than they would have if there had been no …


Centralized Wisdom - Derolph V. State And The Rise Of Judicial Paternalism, Joseph P. Rodgers, John F. Rodgers Jan 1997

Centralized Wisdom - Derolph V. State And The Rise Of Judicial Paternalism, Joseph P. Rodgers, John F. Rodgers

Cleveland State Law Review

This Comment critically evaluates DeRolph v. State and asserts that the supreme court's decision is dangerous precedent, inasmuch as it dispirits the sacrosanct role a legislature assumes in a democratic society and overtly legitimizes judicial policymaking. This Comment suggests the court's vision of a thorough and efficient school system, via more economic parity, ultimately undermines the General Assembly of the State and will not extricate Ohio schools. Part II explores the current system of financing public schools in the State of Ohio. This section will not delve into the minutia that have come to define school finance, but will instead …


Please Senator, I Want Some More: The General Assembly Gets An F Form The Derolph Court , Ronald M. Mcmillan Jan 1997

Please Senator, I Want Some More: The General Assembly Gets An F Form The Derolph Court , Ronald M. Mcmillan

Cleveland State Law Review

On March 24, 1997, the Ohio Supreme Court took an important stand against the impoverishment of our state's schools. In DeRolph v. State, the court ruled that a state school funding system violates state constitutional provisions because the state school funding system fails to meet the constitutional mandate to provide a "thorough and efficient" system of public schools. Part II of this Comment will describe the procedural history of the DeRolph matter. Part III will discuss the majority opinion and its rulings on the justiciability of the matter, the inadequacies of Ohio's school funding system, and the history of the …