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2010

University of Nebraska - Lincoln

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Full-Text Articles in Law

Invasive Species And Climate Change, Invasive Species Advisory Committee Dec 2010

Invasive Species And Climate Change, Invasive Species Advisory Committee

National Invasive Species Council

ISSUE

Climate change interacts with and can often amplify the negative impacts of invasive species. These interactions are not fully appreciated or understood. They can result in threats to critical ecosystem functions on which our food system and other essential provisions and services depend as well as increase threats to human health. The Invasive Species Advisory Committee to the National Invasive Species Council recognizes the Administration’s commitment to dealing proactively with global climate change. However, unless we recognize and act on the impact of climate change and its interaction with ecosystems and invasive species, we will fall further behind in …


Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams Jul 2010

Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources …


Grassland Governance And Common-Interest Communities, Anthony Schutz Jul 2010

Grassland Governance And Common-Interest Communities, Anthony Schutz

Nebraska College of Law: Faculty Publications

In the United States, today’s ranches are engaging in small-scale nature-based endeavors to diversify their income base. But the geographic boundary of the land they own creates a relatively small area within which to operate, and fragmented ownership diminishes the ability of any single landowner to produce nature-based income. Collective action among nearby landowners can produce a set of resources from which all members of the group can profit. Such action can enhance the economic, social, and environmental sustainability of grasslands and the populations that use them. This article shows that common-interest communities can be used to provide and allocate …


Invasive Species And Public Investment In The Green Economy, Invasive Species Advisory Committee Jun 2010

Invasive Species And Public Investment In The Green Economy, Invasive Species Advisory Committee

National Invasive Species Council

Invasive Species and Public Investment in the Green Economy, approved by ISAC on June 24, 2010

ISSUE

Invasive species are intricately linked to the economy. Trade, travel, and transport facilitate their spread. Invasive species management requires extensive human and financial resources. The impacts of invasive species can substantially undermine economic growth and sustainable development. United States Executive Order (EO) 13112 defines invasive species as “alien [non-native] species whose introduction does or is likely to cause economic or environmental harm or harm to human health” and states that Federal agencies should …“not authorize, fund, or carry out actions that are likely …


Marine Bioinvasions And Climate Change, James T. Carlton, Sandra C. Lindstrom, Celia M. Smith, Jennifer E. Smith Jun 2010

Marine Bioinvasions And Climate Change, James T. Carlton, Sandra C. Lindstrom, Celia M. Smith, Jennifer E. Smith

National Invasive Species Council

BACKGROUND

Invasive species are second only to habitat destruction as the greatest cause of species endangerment and global biodiversity loss. Invasive species can cause severe and permanent damage to the ecosystems they invade. Consequences of invasion include competition with or predation upon native species, hybridization, carrying or supporting harmful pathogens and parasites that may affect wildlife and human health, disturbing ecosystem function through alteration of food webs and nutrient recycling rates, acting as ecosystem engineers and altering habitat structure, and degradation of the aesthetic quality of our natural resources. In many cases we may not fully know the native animals …


The Nebraska Transcript 43:1, Spring 2010 Apr 2010

The Nebraska Transcript 43:1, Spring 2010

Nebraska Transcript

4 Dean’s Message
5 Poser Named Dean
10 Andy Kruse
12 Career Services Office Update
13 Law Library Tales and Tables
16 2009 Graduation Remarks
18 2009 Family Traditions Ceremony
20 In Brief
24 2008-2009 Academic Awards
26 Steve Mazurak Returns to UNL
28 Potuto Combines Teaching, Service
30 Von der Dunk: Space Law Expert
32 Faculty Notes
35 Faculty In Memoriam: Franck
36 Alum News: Larry Sather
37 2009 Alumni Council Awards
38 AlumNotes
46 In Memoriam
49 2010 Space Law LL.M. Transcript
54 Reunion Information
55 2010 Senior Transcript
79 2008-2009 Annual Donor Report

Editors Alan Frank, Professor …


The Treaty Of Fort Laramie With Sioux, Etc., 1851: Revisiting The Document Found In Kappler's Indian Affairs: Laws And Treaties - Website Announcement & Link, Charles D. Bernholz, Brian Pytlik Zillig Jan 2010

The Treaty Of Fort Laramie With Sioux, Etc., 1851: Revisiting The Document Found In Kappler's Indian Affairs: Laws And Treaties - Website Announcement & Link, Charles D. Bernholz, Brian Pytlik Zillig

UNL Libraries: Faculty Publications

Government Documents and the Center for Digital Research in the Humanities at the University of Nebraska-Lincoln Libraries are pleased to announce the release of a World Wide Web site, entitled The Treaty of Fort Laramie with Sioux, etc., 1851: Revisiting the document found in Kappler's Indian Affairs: Laws and Treaties.

This treaty was an important transaction formed by the federal government with a number of prominent American Indian tribes of the Great Plains. Its creation and provisions were a demonstration of the growing need for less animosity among the tribes themselves, in part to yield increased security for an ever-growing …


Ohio Regional Forum Report Findings From The Survey And Small Small-Group Participation, Ryan Spohn Jan 2010

Ohio Regional Forum Report Findings From The Survey And Small Small-Group Participation, Ryan Spohn

Center on Children, Families, and the Law: Faculty Publications

The Midwest Child Welfare Implementation Center (MCWIC) is collaborating with The Ohio Office of Families and Children (OFC) to develop and implement a new technical assistance (TA) model. This project is a part of Ohio's systemic effort to improve its child welfare outcomes, and will materially alter how OFC works with Ohio's county-administered child welfare offices. It will build Ohio's capacity to implement evidence-informed and promising child welfare interventions.

To inform the process of developing a new technical assistance model, MCWIC hosted a series of ten regional forums throughout the state during July, 2010. The purpose of these events was …


Emotional Abuse And Controlling Behaviors In Heterosexual Relationships: The Role Of Employment And Alcohol Use For Women And Their Partners, Egbert Zavala, Ryan Spohn Jan 2010

Emotional Abuse And Controlling Behaviors In Heterosexual Relationships: The Role Of Employment And Alcohol Use For Women And Their Partners, Egbert Zavala, Ryan Spohn

Center on Children, Families, and the Law: Faculty Publications

The purpose of this study is to examine the role of economic resources, status compatibility, and alcohol consumption on forms of nonphysical abuse, such as controlling and emotional abuse. Specifically, we focus on the connections between women’s employment, the employment of their partners, alcohol use, and women’s risk of abuse in intimate relationships. We hypothesize that women in intimate relationships with men will experience more emotional abuse to the extent that they are economically vulnerable. Moreover, abuse should increase if their employment status, in relation to that of their partner, challenges the man’s marital power. Moreover, alcohol use by women …


Legal Research In The Digital Age: Authentication And Preservation Of Primary Material, Matt Novak Jan 2010

Legal Research In The Digital Age: Authentication And Preservation Of Primary Material, Matt Novak

Marvin and Virginia Schmid Law Library

Most legal professionals have used free online resources to help in the legal research process. Whether it is an opinion downloaded from a court's Web site, a federal statute located using Cornell's Legal Information Institute (LII), an article on Wikipedia, or a post on someone's blawg, the quantity and variety of free online resources seems to grow on a daily basis. Some have even wondered if these resources can one day replace the need to subscribe to a computer-assisted legal research (CALR) service such as Westlaw or LexisNexis. Late last year, the "blogosphere" was abuzz with this question after Google …


Don't Reinvent The Wheel: Legal Research Guides And Bibliographies Will Save You Valuable Time And Effort, Matt Novak Jan 2010

Don't Reinvent The Wheel: Legal Research Guides And Bibliographies Will Save You Valuable Time And Effort, Matt Novak

Marvin and Virginia Schmid Law Library

When researching unfamiliar areas of law it is often helpful to consult research guides and bibliographies. These resources can expedite the research process by identifying, compiling, and explaining the various tools needed to successfully research a legal topic. Research guides and bibliographies can be found in a number of online and print sources. By using a variety of specialized tools, one can quickly locate quality legal research guides and bibliographies no matter where they are.


The Supreme Court's Anti-Retaliation Principle, Richard E. Moberly Jan 2010

The Supreme Court's Anti-Retaliation Principle, Richard E. Moberly

Nebraska College of Law: Faculty Publications

In five cases issued during the last five years, the Supreme Court interpreted statutory anti-retaliation provisions broadly to protect employees who report illegal employer conduct. These decisions conflict with the typical understanding of this Court as pro-employer and judicially conservative. In a sixth retaliation decision during this time, however, the Court interpreted constitutional anti-retaliation protection narrowly, which fits with the Court’s pro-employer image but diverges from the anti-retaliation stance it appeared to take in the other five retaliation cases. This Article explains these seemingly anomalous results by examining the last fifty years of the Supreme Court’s retaliation jurisprudence. In doing …


Pre-Mortem Cryopreservation: Recognizing A Patient’S Right To Die In Order To Live, Ryan Sullivan Jan 2010

Pre-Mortem Cryopreservation: Recognizing A Patient’S Right To Die In Order To Live, Ryan Sullivan

Nebraska College of Law: Faculty Publications

I. Introduction

II. The Science of Cryonic Preservation ... A. History of Cryonics ... B. The Process ... C. Current Science ... 1. Cryobiology ... a. Successful Births with Once-Frozen Embryos ... b. If You Can Thaw a Frozen Dog ... c. Surgeries Performed during Suspended Animation ... d. Successful Revival after Three Hours of Clinical Death ... 2. Advancements in Nanotechnology ... 3. Obstacles to Overcome

III. Relevant Law ... A. Laws Governing Cryonics ... B. Right to Die and Assisted Suicide ... C. States’ Interests Are Not Compelling ... 1. Interest in Preserving Life and Preventing Suicide ... …


Farmers, Ranchers, And The Railroad: The Evolution Of Fence Law In The Great Plains, 1865–190, Yasuhide Kawashima Jan 2010

Farmers, Ranchers, And The Railroad: The Evolution Of Fence Law In The Great Plains, 1865–190, Yasuhide Kawashima

Great Plains Quarterly

In North America, building fences was an essential part of life for the English settlers from the beginning. Departing from the English common law rule that required owners to fence in their cattle, nearly all the colonial legislatures and courts imposed upon landowners a duty to fence their property against trespassing cattle.l The reasons were partly to increase the meager supply of livestock by permitting cattle to wander about in order to breed faster and partly to make full use of the vast virgin forest and grassland. Gradually, however, in New England and in much of New York and New …


Too-Close Encounters Of The Third Party Kind: Will The Liability Convention Stand The Test Of The Cosmos 2251-Iridium 33 Collision?, Frans G. Von Der Dunk Jan 2010

Too-Close Encounters Of The Third Party Kind: Will The Liability Convention Stand The Test Of The Cosmos 2251-Iridium 33 Collision?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Cynics would say: space lawyers must have been waiting for this for decades, and now will of course immediately call for additional regulation. But indeed, the recent collision between the Cosmos 2251 and the Iridium 33 satellite, the first time since the Cosmos 954 disintegrated over Canada that the Liability Convention stands a chance of officially being invoked, raises a number of issues regarding the applicability of that Convention, and the level of precision with which it can be applied.

The present paper undertakes a critical analysis of some of these issues. Notably, this concerns the involvement of a commercial …


Europe And Security Issues In Space: The Institutional Setting, Frans G. Von Der Dunk Jan 2010

Europe And Security Issues In Space: The Institutional Setting, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In the current timeframe, the relevance of discussions on the existing use of space for national security purposes and the potential of it to be used for non-peaceful purposes are clearly increasing. As a consequence, it becomes more important to address the role of Europe as a geopolitical, albeit far from monolithic, entity in this context.

From this perspective, the present paper analyzes some of the fundamental institutional parameters shaping the European presence in the space security domain, focusing on the two key players in space, which are truly European, the European Space Agency (ESA) and the European Union (EU). …


Regulation Of Space Activities In The Netherlands: From Hugo Grotius To The High Ground Of Outer Space, Frans G. Von Der Dunk Jan 2010

Regulation Of Space Activities In The Netherlands: From Hugo Grotius To The High Ground Of Outer Space, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The Netherlands, being aware of its relative size when compared to the major spacefaring nations not only globally but also in the European context, has always addressed outer space and space activities from the perspective of the role it could feasibly play. It has thus concentrated on a few niche areas which were either closely aligned to existing capabilities and experience or seemed to offer possibilities for mid-size economies and societies to play an important role.

The longstanding focus on scientific/technical aspects of space activities on the one hand, and on an international/legal context for them on the other, constitutes …


Grey Literature In Library And Information Studies, Dominic J. Farace, Joachim Schöpfel Jan 2010

Grey Literature In Library And Information Studies, Dominic J. Farace, Joachim Schöpfel

Copyright, Fair Use, Scholarly Communication, etc.

CONTENTS

Introduction Grey Literature (Farace and Schöpfel)

Part I – Producing, Processing, and Distributing Grey Literature

Section One: Producing and Publishing Grey Literature

Chapter 1 Grey Publishing and the Information Market: A New Look at Value Chains and Business Models (Roosendaal)

Chapter 2 How to assure the Quality of Grey Literature: the Case of Evaluation Reports (Weber)

Chapter 3 Grey Literature produced and published by Universities: A Case for ETDs (Južni)

Section Two: Collecting and Processing Grey Literature

Chapter 4 Collection building with special Regards to Report Literature (Newbold and Grimshaw)

Chapter 5 Institutional Grey Literature in the University Environment …


Privilege And Property: Essays On The History Of Copyright, Ronan Deazley, Martin Kretschmer, Lionel Bently Jan 2010

Privilege And Property: Essays On The History Of Copyright, Ronan Deazley, Martin Kretschmer, Lionel Bently

Copyright, Fair Use, Scholarly Communication, etc.

Includes sixteen essays on the origins of copyright.

First paragraph:

What is Copyright History?

History has normative force. There was no history of colonialism, gender, fashion or crime until there were contemporary demands to explain and justify certain values. During much of the twentieth century, ‘copyright’ history (the history of legal, particularly proprietary, mechanisms for the regulation of the reproduction and distribution of cultural products – as opposed to the history of art, literature, music, or the history of publishers and art-sellers) was not thought of as a coherent, or even necessary field of inquiry. It was a pursuit of …