Law Commons^™

Ohio's Modern Courts Amendment Must Be Amended: Why And How, Richard S. Walinski, Mark D. Wagoner Jr.

Cleveland State Law Review

A 1968 amendment to the Ohio Constitution granted the Supreme Court of Ohio the authority to promulgate “rules governing practice and procedure” for Ohio courts. The amendment also provided that “[a]ll laws in conflict with such rules shall be of no further force or effect after such rules have taken effect” and that no rule may “abridge, enlarge, or modify any substantive right.”

Although the amendment was explicit about automatic repeal of existing laws, it says nothing about whether the General Assembly may legislate on a procedural matter after a court rule takes effect. That silence has caused enduring confusion. …

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 …