The Nebraska Supreme Court and the Theory of "Legislative Acquiescene," Erosion of he Legislative Funcion of the Nebraska Unicameral in Light of the Recent Nebraska Supreme Court's Decision in Lenz v. Central Parking
Siems, Tiernan T.
INTRODUCTION|Result oriented decisions, whatever their motivation, erode principles of separation of powers, stare decisis, and judicial credibility. In interpreting the Nebraska Workers' Compensation Act (the "Act"), the Nebraska Supreme Court has recently demonstrated a pattern of reaching decisions based upon a desired outcome rather than upon sound judicial principles. Because less and less regard for the established rule of law has been shown in some of the court's most recent decisions, stare decisis has been replaced with random uncertainty. At the same time, the Nebraska Unicameral's legislative authority has been appropriated, using a novel idea that elected State Senators can cede such constitutionally provided power through passive inactivity, or "acquiescence", as the Nebraska Supreme Court has labeled it...
Creighton University School of Law