Doctrine of Governmental Immunity in Nebraska, The
Whitmore, Thomas E.
INTRODUCTION|This article is intended to treat the doctrine of governmental immunity as it has been applied in Nebraska, with particular reference to the possibility of abrogation of the doctrine, whether partial or complete, whether by the judiciary or by the legislature.|The Nebraska Constitution provides, "The state may sue and be sued, and the legislature shall provide by law in what manner and in what courts suit shall be brought," but this section has been held not to be self-executing, so that action by the legislature is required before suit can be brought against the state. This is so even though a companion provision on eminent domain, providing that "The property of no person shall be taken or damaged for public use without just compensation therefore," has been held to be self-executing....
1 Creighton L. Rev. 79 (1968)
Creighton University School of Law