Metro Renovation, Inc. v. Nebraska Dept. Of Labor: Is It Binding - Separation of Powers and the Conflict Surrounding the Binding Authority of the Decisions of the Nebraska Court of Appeals
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Authors
Bausch, Ashleigh E.
Issue Date
1997
Volume
30
Issue
Type
Journal Article
Language
Keywords
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Abstract
INTRODUCTION|But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.|In June of 1991, in response to the growing backlog of cases before the Nebraska Supreme Court, the Nebraska Legislature created the Nebraska Court of Appeals. The court of appeals consists of six judges who sit in rotating panels of three and has jurisdiction to hear all appeals from the district courts except in "capital cases, cases in which life imprisonment has been imposed, and cases involving the constitutionality of a statute." However, the statutes creating the court of appeals were silent as to whether the decisions of the court of appeals had precedential value for inferior courts...
Description
Citation
30 Creighton L. Rev. 129 (1996-1997)
Publisher
Creighton University School of Law