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Articles 1 - 3 of 3
Full-Text Articles in Law
Right To Talk: Has Justice Antonin Scalia Compromised His Objectivity With A Public Remark?, Lloyd B. Snyder
Right To Talk: Has Justice Antonin Scalia Compromised His Objectivity With A Public Remark?, Lloyd B. Snyder
Law Faculty Articles and Essays
With two assisted suicide cases scheduled for argument before the Supreme Court this term, Justice Antonin Scalia already has publicly staked out his position on the issue. While sentiments he expressed in 1990 in Cruzan v. Director, Missouri Department of Health, 497 U.S. 261, are well-known, Scalia told an audience at Catholic University late last year that it is "absolutely plain there is no [constitutional] right to die." Is it proper for sitting judges to make such statements? While no one would deny Scalia his First Amendment right to say what he pleases, that hardly quells concerns about the advisability …
Centralized Wisdom - Derolph V. State And The Rise Of Judicial Paternalism, Joseph P. Rodgers, John F. Rodgers
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
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 …