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Professional Trade Names: Unprotected Commercial Speech: Friedman V. Rogers, 440 U.S. 1 (1979), James L. Young

Nebraska Law Review

I. Introduction

II. The Facts

III. Commercial Speech and the Supreme Court

IV. The Friedman Decision

V. Analysis … A. The Underlying Assumptions … B. Trade Names May Mislead: The Court’s Justifications … C. The Paternalistic Approach … D. The Friedman Impact

VI. Conclusion

Medical Malpractice In Perspective: Nebraska Hospital-Medical Liability Act, David J. Dempsey

Nebraska Law Review

I. Introduction

II. Historical Perspective … A. The Causes … 1. The Legal Causes … a. Contingent Fees … b. Res Ipsa Loquitor … c. Jury Verdicts … d. Meritless Litigation … 2. Medical Causes … a. Technological Advances … b. Heightened Public Expectations … c. Poor Communications between Health Care Providers and Patients … 3. Insurance Nightmares … B. The Costs … 1. Insurance Premiums …2. Defensive Medicine … 3. Emotional Distress … 4. Economic Effect upon Patients … C. The Legislative Response

III. The Nebraska Hospital-Medical Liability Act … A. Tort Law Modifications … 1. Limitations on Awards …

The Agency Form In Tax Shelter Investments: A Viable Alternative, Fred T. Witt Jr.

Nebraska Law Review

I. Introduction

II. Agency in Tax Shelter … A. Why the Agency Form Is Selected … B. How Is the Agency Formed?

III. State Law Comparison of Partnership and Agency … A. Formal Organization Requirements … B. Control and Rights of Investors … 1. Agency vs. General Partnership … 2. Agency vs. Limited Partnership … C. Indemnity for Liabilities to Third Parties … D. Duty and Liability to Investors

IV. Tax Comparison of Agency and Partnership … A. Is the Agency a Partnership? … B. Investors as Partners … C. Electing Out of Partnership Status … D. Association Taxable as …

Stayability Evaluation As A Categorical Trait And By Considering Other Traits, L. Dale Van Vleck

Department of Animal Science: Faculty Publications

Correspondence between usual categorical scores where frequencies sum to one and stayability of herd life measured as survival to several age periods is illustrated. The singularity of the variancecovariance matrix of categorically measured traits when each category is a separate trait also is true for stayability, since the measurement for the last period for stayability is always zero, has variance zero, and covariances zero with measurements in preceding periods. Best linear unbiased prediction for stayability of a bull's daughters is achieved by ignoring the last period. A procedure is described for predicting stayability of daughters having variable opportunity for stayability …

Heterosis And Breed Effects In Swine, R. K. Johnson

Department of Animal Science: Faculty Publications

An objective of the NC-103 regional swine breeding project is to evaluate inter-population and intra-population performance of domestic and exotic strains of swine. Several cooperating stations have conducted experiments relative to this objective. Projects were not exact replicates, but sufficient overlap allowed combining the information to yield more precise estimates of heterosis and breed effects than was possible from the analyses of data from any single experiment. This publication summarizes data available from NC-103 cooperating stations on breed and heterosis effects in swine. An extensive crossbreeding experiment has been conducted and results published by Canadian researchers Fahmy and Bernard, 1971 …

Early Woodcut Workshops, Alison Stewart

School of Art, Art History, and Design: Faculty Publications and Creative Activity

Little is known about the workshops of the earliest print masters. The size of these shops, as well as the names and wages of the individuals involved, has often just not come down to us. Furthermore, division of labor varied so widely from shop to shop that the meanings of specific terms denoting the different professions are sometimes unclear. Yet throughout the first 150 years of the history of the woodcut—ca. 1400 to 1550—its greatest period, the division of labor common in workshop production was also standard for the production of woodcuts. That division included the separation of designer, cutter, …

Ec80-1536 A Guide To Integrated Pest Management At Feedlots And Dairies, J. B. Campbell, C. D. Mcneal

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 80-1536: A guide to integrated pest management. Integrated Pest Management is used to describe the old art of keeping pest infestations below economic levels by utilizing a combination of control methodologies.

Farm, Ranch And Home Quarterly Institute Of Agriculture And Natural Resources, University Of Nebraska- Lincoln

Farm, Ranch and Home Quarterly

In this issue

: Market Center Proposed...................................... 2

Founder-Researchers Seek Baseline Information .......................... 3

Research Digest .......................................... 4

'Technical Assistance is Key In Food Production Development ......................... 6

Botulism-A Big Problem in a Small Package ........................ 8

Pen of Three-Youth Experience in Beef Production ...................................... 11

Applicators Tested for Soybean Herbicide Control ...................................... 12

Fuel Survey-Keeping Tabs on Energy Use ................... 14

Creativity in Young Children .............................. 16

Education Importance and Satisfaction- QUALITY OF LIFE................................ 18

Alexandria: A Study in Community Development .......................................... 22

A Guide To Integrated Pest Management At Feedlots And Dairies, J. B. Campbell, C. D. Mcneal

University of Nebraska-Lincoln Extension: Historical Materials

Integrated Pest Management (IPM) is rather new terminology used to describe the old art of keeping pest infestations below economic levels by utilizing a combination of control methodologies. This guide has been prepared to assist feedlot and dairy operators and consultants in an integrated approach to the management of pests. It is our purpose to outline a combination of sanitation, chemical methods and cultural control of stable flies, house flies and--to a much lesser extent--rats and starlings. The guide may also be useful to entomology and animal science students and county agents.

Stable fly, Stomoxys calcitrans (L.)

House Fly, Musca …

Limited Tenure For Lawyers And The Structure Of Lawyer-Client Relations: A Critique Of The Lawyer's Proposed Right To Sue For Wrongful Discharge, Theodore J. Schneyer

Nebraska Law Review

I. Introduction

II. The Problem to Which Limited Tenure Is a Desirable Response

III. The Class of Lawyers to Be Protected by Limited Tenure

IV. Limits on the Applicability and Effectiveness of Limited Tenure

V. The Sufficiency of Limited Tenure as a Response to the Problem of the One-Client Lawyer

VI. The Consistency of Limited Tenure with Current Professional Norms

VII. Summary

Professional Tenure As A Means To Promote Ethical Compliance In The Civil Discovery Process, Rodney M. Confer

Nebraska Law Review

I. Ethical Violations in the Discovery Process

II. Securing the Integrity of the Legal System

III. Limited Tenure as a Means to Secure the Integrity of the Legal System

IV. Conclusion

Beyond The Schoolhouse Gate: Protecting The Off-Campus First Amendment Freedoms Of Students: Thomas V. Board Of Education, 607 F.2d 1043 (2d Cir. 1979), Cert. Denied, 48 U.S.L.W. 3536 (U.S. Feb. 19, 1980) (No. 79-1021), Arlen W. Langvardt

Nebraska Law Review

This note analyzes the Thomas v. Board of Education decision, focusing on high school students' freedom to produce essentially off-campus publications having limited connection with the school, and the propriety of inhibitory intervention on the part of school officials.

I. Introduction

II. A Decade’s Perspective

III. The Facts of Thomas

IV. The Decision in Thomas … A. Analysis … B. The Concurrence in the Result

V. Conclusion

Teleseismic Evidence For A Low-Velocity Body Under The Coso Geothermal Area, P. Reasenberg, W. Ellsworth, A. Walter

United States Geological Survey: Staff Publications

Teleseismic P wave arrivals were recorded by a dense array of seismographs tations located in the Coso geothermal area, California. The resulting pattern of relative residuals reveals an area showing approximately 0.2-s excess travel time that migrates with changing source azimuth, suggesting that the area is the 'delay shadow' produced by a deep, low-velocity body. Inversion of the relative residual data for three-dimensional velocity structure determines the lateral variations in velocity to a depth of 22.5 km beneath the array. An intense low-velocity body, which coincides with the surface expressions of late Pleistocene rhyolitic volcanism, high heat flow, and hydrothermal …

State Of Stress In The Conterminous United States, Mary Lou Zoback, Mark D. Zoback

United States Geological Survey: Staff Publications

Inferring principal stress directions from geologic data, focal mechanisms, and in situ stress measurements, we have prepared a map of principal horizontal stress orientations for the conterminous United States. Stress provinces with linear dimensions which range between 100 and 2000 km were defined on the  basis of the directions and relative magnitude of principal stresses. Within a given province, stress orientations appear quite uniform (usually within the estimated range of accuracy of the different methods used to determine  stress). Available data on the transition in stress direction between the different stress provinces indicate that these transitions can be abrupt, occurring …

Observations On The Life Cycle Of Spurge Hawkmoth, J. R. Forwood, M. K. Mccarty

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Certain aspects of the life cycle of the spurge hawkmoth, Hyles euphorbiae L. (Sphingidae), were studied to evaluate it as a possible biological control agent for leafy spurge (Euphorbia esula L.) in Nebraska. There are five phases in the life cycle of this insect: egg, larva, prepupa, pupa, and adult. It is a foliage-feeding insect and consumes about 18 g fresh weight of leafy spurge during its larval life. About 80% of the leafy spurge consumption is by the fifth instar. A generation may be completed in a period of 42 to 72 days. The spurge hawkmoth overwinters as …

The Fossil Insectivora Of Lemoyne Quarry (Ash Hollow Formation, Hemphillian), Keith County, Nebraska, Thomas M. Bown

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

The insectivore fauna of Lemoyne Quarry is the most diverse and most cosmopolitan of any recorded from Hemphillian deposits of the Great Plains; four genera and six species of shrews and five genera and five species of moles are known. The soricinines Sorex edwardsi n. sp., Sorex yatkolai n. sp., and Sorex sp. most closely resemble Sorex hagermanensis and S. rexroadensis from the Hagerman and Rexroad local faunas of Idaho and Kansas, respectively. Lemoyne Alluvisorex (Soricini) is indistinguishable from A. arcadentes from Barstovian rocks of Oregon, and Lemoyne cf. Limnoecus (Limnoecinae) has larger teeth than Barstovian L. tricuspis (including L. …

The Classification Of Tumors By John Abernethy Early In The Nineteenth Century, Anne J. Krush

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

John Abernethy was born in London on April 3, 1764, the second son of five children of John and Elizabeth (Weir) Abernethy, both from Northern Ireland and of Scottish descent. The father of our John Abernethy was a merchant in the firm of Abernethy and Donaldson in London. His father and grandfather before him, both named John Abernethy, had been "Protestant dissenting ministers in Northern Ireland." John's father decided on medicine and surgery as a career for him, although some biographers felt that with his extraordinarily retentive memory he would have succeeded equally well, or better, in a law career. …

Ancient Soils And Climatic Changes In The Central Great Plains, C. Bertrand Schultz, Thompson Mylan Stout

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

An exceptionally clear record of climatic changes has been preserved in the Quaternary and Tertiary soils and loess deposits of the central part of the United States. Major extinctions of mammals also coincide with regional breaks in sedimentation, perhaps at glacial maxima. The Quaternary stratigraphy is now well known in this region, with initial Quaternary glaciation succeeding end-Tertiary (Ogallala) alluviation and soil development.

The Quaternary ("Ice Age") succession of cutting-and-filling cycles that record episodes of glaciation and inter-glaciation begins just after the completion of the main calichecomplex of the end. Ogallala or end-Pliocene (circa 3.2 m.y. ago). The soils, …

Den And Den-Site Characteristics Of Coyotes (Canis Latrans) In Southeastern Nebraska, Donald P. Althoff

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Sixteen pup-rearing den-sites of coyotes (Canis latrans) were located in southeastern Nebraska from 1976-1978. Although there was no selection for sites close to water or away from roads, dens were always located 400 m or farther from occupied farmsteads. The mean distance between neighboring dens was 3.87 km. Twelve sites were located within 1 m of brome grass (Bromus inermis); 15 dens were located where two cover-types met. Twelve dens were dug in loam soil; four in clay. Mean number of entrances for 10 excavated dens was 1.4, with the majority opening to the east and …

The Rush Creek-Lisco Structural Basin, Garden And Morrill Counties, Nebraska, R. F. Diffendal Jr.

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Detailed field mapping of outcrops in southern Garden and Morrill counties, Nebraska, has revealed a drop of more than 60 m (200 ft) in 4.8 km (3 mi) in the elevation of the contact between the Brule Formation and the Ogallala Group as exposed on the east side of Rush Creek. Beds of silt, sand, siltstone, and volcanic ash locally dip to the northwest at angles up to 8.5°. The contact between the two formations cannot be seen on the west side of Rush Creek but beds in the Ogallala Group there dip to the north and northeast. Rocks north …

The Structures Of Scientific Relativism, Charles J. Dougherty

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Few recent works have generated as much intellectual discussion as Thomas S. Kuhn's The Structure of Scientific Revolutions. Yet given the impact this book has had on our understanding of science-its role in the demise of logical positivism, in the current outpouring of interest in the history of science, and in changes in science education - perhaps it is time now, some ten years after Kuhn's provocative Postscript, for still another look at his thesis. That is the purpose of this study. First, those elements of Kuhn's book which committed him to a scientific relativism are reconstructed. Secondly, …

Paleoclimatic Implications Of Pleistocene Herpetofaunas Of Eastern And Central North America, J. Alan Holman

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

A review of Pleistocene herpetofaunas of eastern and central North America does not support the classical concept of alternating cool-moist, warm-dry glacial and interglacial climates. On the contrary, herpetological evidence generally indicates Pleistocene climates south of the glacial boundaries were warmer or more equable than today until very Late Pleistocene time, when there is some evidence of cooling in the Ozark and Appalachian areas. On the other hand, there is evidence that climatic equability persisted in southern Texas, northeastern Mississippi, northwestern Georgia, and Florida, in very Late Pleistocene time. Since classical terms such as Nebraskan, Aftonian, Kansan, etc., reflect the …

Quantitative Demonstration Of Cell Surface Involvement In A Plant-Animal Symbiosis: Lectin Inhibition Of Reassociation, R. H. Meints, Rosevelt L. Pardy

School of Biological Sciences: Faculty Publications

The freshwater hydra, Hydra viridis is normally associated with Chlorella-like, algal symbionts which inhabit the host's digestive cells. Under experimental conditions bleached hydra will reassociate with algae harvested from green hydra, but not from our cultures of wild type Chlorella or strain NC64A which when originally isolated from Paramecium bursaria was symbiotically competent. Because of its demonstrated selectivity, the reassociation process is hypothesized to involve a recognition interface whose active participants are the algae cell wall and the digestive cell membrane. The data presented here confirm the hypothesis and suggest some potential molecular characteristics of the interacting partners. Concanavalin …

Absolute Requirement Of Glucocorticoid For Expression Of The Casein Gene In The Presence Of Prolactin, Ranjan Ganguly, Nivedita Ganguly, Nozer M. Mehta, M. R. Banerjee

School of Biological Sciences: Faculty Publications

Second thoracic mammary glands of immature BALB/c female mice were stimulated to pregnancy-like lobuloalveolar (LA) development after 6 days of incubation in a corticosteroid-free step I culture medium containing insulin, prolactin, estradiol, progesterone, and growth hormone. A low basal level (0.0009%) of casein mRNA (mRNA_csn) sequences was detectable in the LA glands by a specific cDNA probe. Subsequent incubation of the LA glands for 3 days in medium containing insulin and prolactin or insulin and cortisol failed to elicit mRNA_csn above the basal level, indicating that neither prolactin nor cortisol alone can support casein gene expression. However, …

Inhibition Of Biological Activity Of Multiplication-Stimulating Activity By Binding To Its Carrier Protein, Daniel J. Knauer, Gary L. Smith

School of Biological Sciences: Faculty Publications

Multiplication-stimulating activity (MSA) produced by Buffalo rat liver cells (BRL-3A) in culture is related to the somatomedin family of growth regulatory polypeptides. MSA will stimulate glucose transport and DNA synthesis in normal chicken embryo fibroblasts (CIEF) at concentrations of 10-200 ng/ml. MSA found in BRL-3A-conditioned medium, like the somatomedins in serum, does not exist as the free hormone but is' bound to a specific high molecular weight carrier protein. In this report we demonstrate that purified MSA carrier protein (MCP) inhibits the biological activity of MSA on CEF as measured by the stimulation of glucose transport and DNA synthesis. In …

Quantitative Demonstration Of Cell Surface Involvement In A Plant-Animal Symbiosis: Lectin Inhibition Of Reassociation, R. H. Meints, R. L. Pardy

School of Biological Sciences: Faculty Publications

The freshwater hydra, Hydra viridis is normally associated with Chlorella-like, algal symbionts which inhabit the host's digestive cells. Under experimental conditions bleached hydra will reassociate with algae harvested from green hydra, but not from our cultures of wild type Chlorella or strain NC6₄A which when originally isolated from Paramecium bursaria was symbiotically competent. Because of its demonstrated selectivity, the reassociation process is hypothesized to involve a recognition interface whose active participants are the algae cell wall and the digestive cell membrane. The data presented here confirm the hypothesis and suggest some potential molecular characteristics of the interacting …

Copulatory Behavior Of The American Bittern [Short Communications], Paul A. Johnsgard

Papers in Ornithology

Describes the copulatory behavior of the American bittern, Botaurus lentiginosus, with line-drawings.

Three Proteocephalid Cestodes From Colombian Siluriform Fishes, Including Nomimoscolex Alovarius Sp.N. (Monticelliidae: Z Ygobothriinae), Daniel R. Brooks, Thomas L. Deardorff

Harold W. Manter Laboratory of Parasitology: Faculty Publications

Three species of proteocephalid cestodes were collected from Colombian siluriform fishes. Goezeella siluri Fuhrmann, 1916 is reported from Ageneiosus caucanus for the first time, and Colombia is a new locality. Goezeella siluri has a metascolex, biloculate suckers, and cortical gonads. Proteocephalideans possessing uniloculate suckers and cortical gonads represent two groupings. Those species possessing metascolices represent the genus Spatulifer Woodland, 1934, containing the species surubim, piramutab, piracatinga , rugosa , and rugata. Those lacking metascolices belong in Monticellia LaRue, 1911, comprising coryphicephala, lenha, megacephala, and spinulifera. New combinations include Spatulifer piramutab for Goezeella piramutab, S. piracatinga for Monticellia piracatinga, …

Taxonomy And Biology Of North American Species Of Goezia (Nematoda: Anisakidae) From Fishes, Including Three New Species, Thomas L. Deardorff, Robin M. Overstreet

Harold W. Manter Laboratory of Parasitology: Faculty Publications

Three new species of Goezia from fishes in North America are described and supplemental data for G. minuta and several unidentified adults and larvae are presented. Males, especially their caudal papillae, are necessary to identify most species. For the new species, G. pelagia sp. n. from Rachycentron canadum and Chaetodipterus faber in the northern Gulf of Mexico possesses 12- 19 preanal, two para-anal, and four postanal pairs of papillae; G. kliksi sp. n. from Pogonias cromis in Lake Borgne, Louisiana, has 10-16 preanal, two para-anal, and five postanal pairs of papillae, and G. sinamora sp. n. from Tilapia aurea, …

Faulting Patterns In North-Central Nevada And Strength Of The Crust, Mary Lou Zoback, Mark D. Zoback

United States Geological Survey: Staff Publications

NNE normal fault trends characterize much of the northern Basin and Range province. These faults make sharp bends to NNW and ENE trends in north- central Nevada in the vicinity of a mid-Miocene rift characterized by a zone of diabase dike swarms, graben-filling flows, and a coinciding aeromagnetic anomaly. Despite a roughly 45 ° change in the least principal stress direction since mid-Miocene time, pre-existing NNW- and ENE-trending faults in the vicinity of the rift accommodated the extension whereas regionally, major crustal blocks were faulted along a NNE trend, approximately perpendicular to the modern least principal stress direction. An assumed …