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Nebraska College of Law: Faculty Publications
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Document Type
Article
Date of this Version
3-2018
Citation
The Nebraska Lawyer, March/April 2018, pp. 33-37.
Abstract
In this article, the author analyzes whether the Nebraska Supreme Court—as currently composed—favors particular jurisdictions or certain types of secondary resources as authority when there is a lack of precedent on a given legal issue. For this study, the author reviewed the advance opinions in Volume 295 of the Nebraska Reports to address two hypotheses: (1) When there is an absence of binding authority, it is typically better to cite to a state similar to your state—one that borders your state or that shares the same circuit; and (2) When using secondary resources, it is better to use resources authored by more esteemed authors and sophisticated resources.
Comments
Copyright (c) 2018 The Nebraska Lawyer. Used by permission.