Law, College of


Date of this Version



The Nebraska Lawyer, March/April 2018, pp. 33-37.


Copyright (c) 2018 The Nebraska Lawyer. Used by permission.


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.