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Nebraska Law Bulletin (Selected Issues)

Date of this Version

3-26-2010

Document Type

Article

Citation

Nebraska Law Bulletin (March 26, 2010)

Comments

Copyright 2010, the author

Abstract

While lawyers and judges may differ as to when, if ever, a court should look to legislative history in determining a statute’s meaning, all would agree that the rules on the question should be clear. Surely, they would argue that all laws should be clear, whether they are judge-made rules of statutory interpretations or legislative enactments that deal with harm caused by dogs. Clarity in such areas leads to a more efficient judicial system that better serves the populace. Unfortunately, clarity eluded the Nebraska Supreme Court in Underhill v. Hobelman, leaving attorneys unsure of when they can resort to legislative history.

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