Digital Commons Network^™

Rights Of An Injured Party Upon Continuing Performance Subsequent To A Breach Of The Contract, Samuel P. Baird

Nebraska Law Review

In Western Transmission Corp. v. Colorado Mainline, Inc., A. J. Curtis & Company entered into a contract to construct a pipeline for Western Transmission Company. When the pipe reached the worksite, Colorado Mainline discovered it was not the size or quality specified in the contract, so additional expense in the construction would result. At the time of such a breach, the injured party may choose one of several courses of action. He may (1) terminate the contract, (2) rescind it and bring an action for damages, or (3) waive the breach by either promising to continue performance or by …

Approaching Strict Liability Of Insurer For Refusing To Settle Within Policy Limits, Gilbert G. Lundstrom

Nebraska Law Review

Conflicting interests must be served whenever insurance settlements are negotiated. A direct conflict arises when an insurance company has an opportunity to settle a claim against the insured within the policy limits, the company declines the offer, and subsequently a judgment is rendered in excess of the policy coverage. The insured seeks redress against the company for that portion of the judgment exceeding the actual coverage on the theory that his liability would have been totally extinguished had the insurance company accepted the offer to settle. On the other hand, the insurer will argue that by litigating, the company seeks …

Business In Nebraska #287, August 1968, Edward L. Hauswald, E. L. Burgess

Business in Nebraska

Inflation: Its Measurement and Some Developments (E. L. Hauswald)

"Inflation is a term which has been, and continues to be, subject to a variety of interpretations" Regardless of the interpretation and despite the likelihood of being lulled into apathy by constant references to it, mere mention of inflation still evokes marked reactions. Given, for example, a rise in the level of prices and a reluctance to alter consumption patterns, individual and group activities occur at the private and public levels, reflecting attempts to increase the real income and hence restore real consumption patterns.

Business Summary (E. L. Burgess)

The Nebraska …

Ec68-217 Selection And Crossbreeding For The Pork Producer, Leo Lucas

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-217: Selection and crossbreeding for the pork producer; introduction, crossbreeding information, systems of crossbreeding, single cross between two breeds, two breed cross, three-breed cross, breed selection, hybrid boars, selection of breading stock, and purchasing boars.

Ec68-175 Weeding With Preemergence Herbicides In Eastern Nebraska, L. Robison, C. Fenster, G. Wicks

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-175 discusses weeding with preemergence herbicides in eastern Nebraska.

Ec68-779 The Big Blue Basin : Report Summary, Deon Axthelm, Harold Gilman, Richard Wiese

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-779: the Big Blue River Basin Report Summary; Flood Control, Irrigation, Municipal and Industrial Water, Water Quality, Land Treatment, Recreation, Fish and Wildlife, Major Reservoirs and Small Watersheds.

Ec68-772 Determining Harvesting Losses For Row Crops, D. E. Lane

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-772: Determining Harvesting Losses for Row Crops; estimating shelled grain loss, estimating ear corn and milo head or bean pod losses.

Ec68-771 Furrow Irrigation Of Nebraska Soils, Paul Fischbach, John Davis

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-771: Furrow Irrigation of Nebraska Soils; proper practices to reduce irrigation costs and result in higher crop yields;applying the right amount of water, obtaining uniform water application over the field, and applying water at the proper time.

Ec68-1423 Turkey Management Guide, T. Sullivan, E. Gleaves, T. Hartung

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-1423 is a turkey management guide.

Ec68-1215 Maintaining A Bluegrass Lawn, Clark Jensen

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-1215 discusses maintaining a bluegrass lawn.

Ec68-1118 Handmade Rugs : Toothbrush Handle Type, Magdalene Pfister

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-1118 illustrates handmade rugs especially the toothbrush handle type.

Ec68-838 1968 Proposed Constitutional Amendments, Jack Timmons

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-838 discusses the 1968 proposed constitutional amendments.

Ec68-835 Confinement Finishing Of Hogs : Cost Comparisons, Philip Henderson, Larry Bitney

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-835 discusses confinement finishing of hogs and shows cost comparisons

Ec68-1507 Insect Control Recommendations For Vegetables In The Home Garden Nebraska

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-1507: Insect Control Recommendations for Vegetables in the Home Garden; insecticide formulations for different types of insect for specific vegetables.

Ec68-1424 Quality Control Of Eggs And Egg Products, G. W. Froning, T. E. Hartung

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-1424: Quality control of eggs and egg products; properties of egg such as composition, and bacterial barriers. Producer’s and shell egg processor’s responsibility for quality control such as gathering, pre-cooling and storage, packing, oiling, salmonellae control, washing, in-plant washing, and pesticides. Responsibilities of egg products processors for quality control, for example product specification, sanitation, and pasteurization. Quality control tests such as producer and shell-egg processor, and egg products processors.

Ec68-1520 Common Fruit Insects Of Nebraska, Robert E. Roselle, Lloyd Andersen, David Keith

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-1520 is about different fruit insects living in Nebraska.

Ec68-1518 Corn Insects Above Ground, Robert E. Roselle

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-1518: Corn Insects above Ground.

Ponds And Marshes For Wild Ducks On Farms And Ranches In The Northern Plains, Wade H. Hamor, Hans G. Uhlig, Lawrence V. Compton

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

REGARDLESS of where you live in the , northern Plains, chances are good that you can attract wild ducks to your farm or ranch. To do so you may need to build a pond or marsh or improve the ones you now have. The center of wild-duck production in the United States is in the northern Plains and includes parts of North Dakota, South Dakota, Minnesota, Montana, Wyoming, Colorado, Nebraska, and Iowa. The numerous natural and manmade ponds and marshes along with fertile soil and favorable climate make this a region of ideal duck habitat. Many of these ponds and …

Proceedings Of The Nebraska State Bar Association House Of Delegates Meeting, 1967, Murl M. Maupin

Nebraska Law Review

No abstract provided.

Security Law, Formalism, And Article 9, Grant Gilmore

Nebraska Law Review

The history of personal property security law in this country has been not unlike the history of a protracted guerrilla war. Right-thinking people seem always to have felt that there was something vaguely dishonorable, if not outright dishonest, about transactions in which a loan is secured by a debtor's personal property—particularly about transactions in which the debtor is allowed to remain in possession of the property and to enjoy its full use during the loan period. Exactly what it is that is dishonorable or dishonest about such transactions has never been made clear. Right-thinking people have usually found "fraud" the …

Constitutional Aspects Of Sex-Based Discrimination In American Law, Leo Kanowitz

Nebraska Law Review

American law, whether in the shape of legislation, court decisions, or administrative action, continues in many instances to accord men and women different treatment solely because of sex. Such differences in treatment have often been challenged in the courts as alleged violations of state or federal constitutional provisions. But, for the most part, these constitutional attacks have met with failure, leading to, among other things, persistent pressure for a federal constitutional amendment that would specifically prohibit legal discrimination based on sex (the so-called "equal rights" amendment). In recent years—no doubt partly due to a general rekindling of interest in the …

Distribution And Mortality Of Saskatchewan-Banded White-Fronted Geese, Harvey W. Miller, Alex Dzubin, John T. Sweet

Nebraska Game and Parks Commission: Staff Research Publications

At its annual spring meeting in 1959 the Technical Committee of the Central Flyway Council recognized a decreased population of the white-fronted goose (Anser albifrons). The recorded harvest in Canada and the United States had exceeded the estimated wintering population in some years. After summarizing records for the Central and Mississippi Flyways the Committee found them inadequate for management and to help fill this void, recommended banding on local concentration areas including Saskatchewan.

The Sherman Act And Professional Sports Associations' Use Of Eligibility Rules, Mark F. Anderson

Nebraska Law Review

Many professional sports associations have a rule that a member may not participate in a tournament, game, or contest sanctioned or sponsored by a rival association or promoter. If a member athlete does compete in a contest in violation of the rule, the association may remove the offending athlete from the membership list with a consequent loss of eligibility to compete in association-sponsored competition. The purposes of such an eligibility rule are to suppress competition from rival leagues and to retain exclusive rights to the member athletes' performances. Such an arrangement may be viewed as an attempt to coerce or …

Camara And See: Accommodation Between The Right Of Privacy And The Public Need, Russell E. Lovell Ii

Nebraska Law Review

I. Introduction

II. The Fourth Amendment and the Inspection of Homes and Businesses … A. The Frank View: Self-Protection Permitted Warrantless Inspections … B. Camara: The Right of Privacy Requires Search Warrant Protection

III. Area Inspections … A. The Reasonable Search: A Balancing of Interests … B. Probable Cause for an Area Inspection … C. Warrant Procedure for Residential and Business Area Inspections … D. Improvement of the Camara Inspection Procedure

IV. Conclusion

Criminal Law—Defendant's Perjury And Its Effect On The Criminal Trial—Mckissick V. United States, 379 F.2d 754 (5th Cir. 1967), D. Steven Leininger

Nebraska Law Review

The court has given the criminal defendant a procedural weapon in the form of perjury with which he can cause an endless number of mistrials. The McKissick court apparently felt compelled to do this for it said: "[T]he alternatives to mistrial were themselves fraught with difficulties and possible errors." The purpose of this Note is to examine these "alternatives" and attempt to develop from them an approach for avoiding the probable effect of this decision. There are three areas of judgment in which a different decision could have avoided a mistrial. These are: (1) the requirement that an attorney disclose …

Revocation Of Probation And Parole In Nebraska: A Procedural Antithesis, Russell E. Lovell Ii

Nebraska Law Review

The procedural due process questions which permeate revocations of probation and parole will be discussed in this Comment primarily in light of Mempa v. Rhay and In re Gault. Attention then shifts to the disparity in the procedural elements presently guaranteed probationers and parolees in revocation proceedings under Nebraska law and whether the denial of a hearing to the parolee is violative of equal protection of laws. The Comment concludes by suggesting legislation providing procedural safeguards in the revocation hearing, which not only will ensure the offender a fair hearing but also will further the rehabilitative goals of the …

Excitation Of Auto-Ionizing Levels In Neon By Ion Impact, A. K. Edwards, M. Eugene Rudd

M. Eugene Rudd Publications

Auto-ionizing states of neutral and singly ionized neon were produced by bombarding neon gas with H⁺, He⁺, and Ne⁺ ions in the 150-250-keV energy range. Sixty lines in the electron spectrum were found, of which 43 have been classified into 13 Rydberg series. Ten of these series were previously unreported. Auger electrons from one- and two-vacancy states are also reported. Relative intensities of all transitions are listed.

Urban Geology—A Need And A Challenge, William J. Wayne

Department of Earth and Atmospheric Sciences: Faculty Publications

Urban land uses are rapidly converting open land into intensively used land. Generally, in planning those uses, a comprehensive study has included everything except an evaluation of the land in three dimensions. Geologists are eminently well equipped to supply the missing data, but they must also be aware of the needs of the urban community and the kinds of information needed by planners if they are to write reports usable by planners. Urban and environmental geology is a newly expanding field in the use of geologic data to help solve some urban problems in the planning stage. It is likely …

Test 969: Oliver 1950-T Diesel, Nebraska Tractor Test Lab

Nebraska Tractor Tests

No abstract provided.

Test 968: International Farmall 656 Hydrostatic (Gasoline), Nebraska Tractor Test Lab

Nebraska Tractor Tests

EXPLANATION OF TEST REPORT GENERAL CONDITIONS East tractor is a production model equipped for common usage. Power consuming accessories can be disconnected only when it is convenient for the operator to do so in practice. Additional weight can be added as ballast if the manufacturer regularly supplies it for sale. The static tire loads and the inflation pressures muse conform to recommendations in the Tire Standards published by the Society of Automotive Engineers. PREPARATION FOR PERFORMANCE RUNS The engine crank case is drained and refilled with a measured amount of new oil conforming to specifications in the operator’s manual. The …