Through the Judicial Looking Glass: The Nebraska Supreme Court in Moral Obligation Land and What It Thought It Saw There

Authors

Mark R. Killenbeck, University of Arkansas School of LawFollow

Abstract

I. Introduction

II. Setting the Stage: The Commonwealth Fiasco

III. Closing the Show: The Haman Decision

IV. What's a Word? Judicial Technique In Haman ... A. And Versus Or: Basting the State Goose ... B. And Versus Or: Cooking the Judicial Gander

V. Changing the Rules: Classifications in a Post-Haman World ... A. Classifications and Haman: Fashioning a New Rule ... B. Classifications and Haman: Applying the Rule ... C. "Permanently Closed Classes": Myths and Realities

VI. Stating the Rules: Moral Obligations and the Moral Society ... A. Wakeley: When Is a "Rule" Really a Rule? ... B. Moral Obligation in Nebraska: The Pre-Haman View ... C. When Is a Guaranty Not a Guaranty: Weaver and Hubbell Bank … D. Moral Obligation in a Post-Haman World: The Rebirth of Liberty of Contract and the Demise of Compassion

VII. Justifying the Rules: The Haman Court's Vision of Judicial Review ... A. A Most Dangerous Branch: Public Policy and the Haman Court ... B. No State Is an Island? ... 1. "The Credit of the State" ... 2. Moral Obligation: A National Perspective ... 3. Redemption of Deposits: The Lessons from Other States

VIII. Conclusion

Recommended Citation

Mark R. Killenbeck, Through the Judicial Looking Glass: The Nebraska Supreme Court in Moral Obligation Land and What It Thought It Saw There, 71 Neb. L. Rev. (1992)
Available at: https://digitalcommons.unl.edu/nlr/vol71/iss1/2