Nebraska's Prohibition of Off-Track Betting: An Exercise of Police Power
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Authors
Cunningham, Robert P.
Issue Date
1988
Volume
21
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The Nebraska Supreme Court with its decision in Midwest Messenger Association v. Spire, reasserted the ability of the Nebraska legislature to regulate or prohibit certain aspects of the state's legalized gambling industry. In a five-to-two decision, the court upheld section 2-1221 of the Nebraska Revised Statutes which prohibits offtrack betting services. The Nebraska Supreme Court upheld section 2-1221 against several constitutional challenges. The court held that section 2-1221 did not unconstitutionally impair Midwest Messenger Association's ("Midwest Messenger") right to contract, was not unconstitutionally vague or overbroad, and did not violate the equal protection clause of the fourteenth amendment. Finally, the court concluded that off-track betting was intertwined with gambling and thus was regulatable under the state's police power...
Description
Citation
21 Creighton L. Rev. 649 (1987-1988)
Publisher
Creighton University School of Law