Digital Commons Network^™

Offences Against One's Self: Paederasty Part 1, Jeremy Bentham, Louis Crompton

Department of English: Faculty Publications

This is the first publication of Jeremy Bentham's essay on "Paederasty," written about 1785, The essay, which runs to over 60 manuscript pages, is the first known argument for homosexual law reform in England. Bentham advocates the decriminalization of sodomy, which in his day was punished by hanging. He argues that homosexual acts do not "weaken" men, or threaten population or marriage, and documents their prevalence in ancient Greece and Rome. Bentham opposes punishment on utilitarian grounds and attacks ascetic sexual morality. In the preceding article the editor's introduction discussed the essay in the light of 18th-century legal opinion and …

Occupying The Cherokee Country Of Oklahoma, Leslie Hewes

University Studies (University of Nebraska) (1888–1984)

"CITIZENSHIP IN THIS NATION, as you know, does not mean the possession of civil rights merely-as it does outside Indian Territory. The right of citizenship in this Nation means ... the right to erect residences and make farms on land bought and paid for by the Nation .... It means the right to materials and benefits which elsewhere must be purchased by the citizen himself." So spoke D. W. Bushyhead, Principal Chief of the Cherokee Nation, at Tahlequah, Indian Territory, the Cherokee capital, in 1883. He added that all citizens and their posterity expected to enjoy these benefits without limitation …

Allocation Of Rights To Water: Preferences, Priorities, And The Role Of The Market, Jarret C. Oeltjen, Loyd K. Fischer

Nebraska Law Review

I. Introduction

II. Preferences, Priorities, and Water Doctrine … A. Riparian … B. Prior Appropriation

III. Constitutional and Statutory Modifications … A. Appropriation Permit System … B. Preferences in Times of Scarcity … C. Other Forms of Legislative Preferences … D. Some Observations

IV. Operational Aspects of Preferences … A. True Preferences … B. Power to Condemn—The Compensatory Preference

V. Permit Systems and Model Water Codes

VI. Other Restrictions on Transfer and Use

VII. An Alternative Model … A. The Water Market and Conservation … B. Implementation … C. Governmental Control and the Market Model … D. Transitional Period and …

Quasi In Rem Jurisdiction: A New Era: Shaffer V. Heitner, 433 U.S. 186 (1977), Sharon Raun Kresha

Nebraska Law Review

I. Introduction

II. Facts

III. Background … A. Pennoyer v. Neff … B. Harris v. Balk … C. International Shoe Co. v. Washington …D. In Rem and Quasi In Rem Cases

IV. The Shaffer Decision

V. Analysis … A. Quasi In Rem II Jurisdiction without a Limited Appearance … B. Quasi In Rem II Jurisdiction with a Limited Appearance .. C. Tangible Property .. D. The Transient Rule … E. In Personam Jurisdiction .. F. In Rem and Quasi In Rem I Jurisdiction

VI. Conclusion

International Groundwater Management: The Case Of The U.S.-Mexican Frontier, Albert E. Utton

Nebraska Law Review

I. The Legal Context

II. The Economic Context

III. Alternative Institutional Opportunities

IV. Possible Management Options … A. Option 1: The Status Quo Ante … B. Option 2: Correlative Rights … C. Option 3: Management … 1. Variation A (Equitable Apportionment) … 2. Variation B (Case-by-Case Negotiation) … 3. Variation C (Comprehensive Management) … D. Option 4: International Litigation … E. Conclusions

V. General Considerations … A. The Interrelationship of Surface and Groundwaters … B. The Concept of Safe Yield … C. Flow Versus Stock Resources … D. Management of Groundwater Mining … E. Criticism of Equitable Apportionment … F. …

No Fault Divorce And The Divorce Rate: The Nebraska Experience—An Interrupted Time Series Analysis And Commentary, Alan H. Frank, John J. Berman, Stanley F. Mazur-Hart

Nebraska Law Review

I. Introduction

II. The Divorce Rate

III. An Interrupted Time Series Analysis of Nebraska Divorces … A. Subgroups … B. Method … C. Time Series Analysis … D. Results

IV. Prior Research

V. Why Marriages Are Breaking Up

VI. The Law of Divorce—Then and Now … A. "What therefore God has put together, let not man put asunder" … B. "A Divorce ... must be grounded on a legal fault within the grounds enumerated in the statutes ... It is not for this court to do what it deems best for the parties" … C. "Legislative divorce policy of an …

Unequal Lovers: A Study Of Unequal Couples In Northern Art, Alison G. Stewart

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

Love between the old and the young is a theme that has interested artists and audiences since antiquity, when Plautus (d. 184 B.C.), working after Greek originals, set down in writing the first representations of this theme that have come down to us.

The scope of this work is primarily the fifteenth and early sixteenth centuries, a period in which conditions were such that the Unequal Lovers theme attained a new popularity and was first depicted as an independent representation in the visual arts. This popularity was most pronounced in northern Europe, especially Germany, and it is this greatest period …

The Hollow Of Echoes, Kathleen Danker, Felix White Sr.

Department of English: Faculty Publications

The Hollow of Echoes is the result of collaboration between Mr. Felix White, Sr. and myself. Mr. White, who resides in Winnebago, Nebraska, is knowledgeable in many areas of traditional Winnebago culture including language, history, legends and law. During the spring of 1973, he recounted to me a number of Winnebago legends of which I made recordings. I have incorporated these legends into a fictional account of a present-day Winnebago grandfather using the stories to instruct his grandchildren in traditional ways of viewing situations they encounter in their daily lives. Almost all of the views of the grandfather in the …

G78-389 Nutrient Requirements Of Breeding Beef Cattle, James A. Gosey, Paul Q. Guyer

University of Nebraska-Lincoln Extension: Historical Materials

The major nutrient requirements as listed in Tables 1a and b are modifications of similar tables published by the National Research Council, Nutrient Requirements of Beef Cattle, fifth edition. They have been (1) rearranged to emphasize "English" weights rather than metric; (2) modified so that daily nutrient requirements and the nutrient concentration recommendations are in closer agreement and (3) expanded to include estimated requirements for pregnant yearling heifers of heavier weight and 2 year old heifer nursing calves.

Ec78-965 Planning Meals For Groups, Marie E. Penner

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 78-965 is about planning meals for large groups.

Ec78-102 Nebraska Spring Small Grain Variety Tests 1978

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 78-102 contains the Nebraska Spring Small Grain Variety Tests 1978.

A Bibliography Of Anthropology-Related Serial Publications In The University Of Nebraska Libraries, Kenneth P. Lohrentz, Ann Larson, Linda Mager

Nebraska Anthropologist

This bibliography of anthropological serials in the University of Nebraska Libraries has been undertaken primarily for two reasons. The first follows from the incredibly diverse nature of the discipline itself, for the study of man and his origins has given rise to various methods of inquiry and interdisciplinary overlays. As Sol Tax has pointed out, the study of man appears to have no natural boundaries. It comes as little surprise, therefore, that the bibliography representing the published record of such a varied field of study should itself be extremely diffuse. Add to this natural diffusion the characteristic pattern of dispersed …

David Brown Tractors: Inside Story, Nebraska Tractor Test Lab

Nebraska Tractor Tests

DAVID BROWN TRACTORS: INSIDE STORY

A summary of the design and manufacturing achievements of David Brown Tractors Ltd.

David Brown 'Firsts'

Few if any, tractor manufacturers can equal the David Brown record of pioneering achievement in tractor maufacture and development. Major examples are:

1937 - World's first farm tractor equipped with hydraulic lift and converging 3-point linkage

1948 - Two-speed power take-off, six-speed gearbox

1949 - High-speed direct injection diesel engine for farm tractors

1953 - Traction control (implement weight transfer)

1959 - All purpose tractor hydraulic system with single lever control.

1964 - Dial-controlled tractor hydraulic system

1968 - …

Historical Perspectives On Nebraska Law Concerning Arbitration Agreements, John M. Gradwohl

Nebraska Law Review

I. Introduction

II. Nebraska Constitution of 1866

III. Statutory Arbitration

IV. Nebraska Common Law Arbitration Decisions: 1869–1901 … A. German-American Insurance Co. v. Etherton: Laying the Foundation … B. Schrandt v. Young: Commissioner Pound’s Initial Dicta

V. The Commissioners’ Decisions of 1902 … A. Grounding the Refusal to Enforce Arbitration Agreements in the Nebraska Constitution … 1. Hartford Fire … 2. Phoenix Insurance … B. Consequences of Choosing a Constitutional Basis

VI. The Law Since 1902

VII. Conclusion

The Putative Father's Parental Rights: A Focus On "Family": Quilloin V. Walcott, 434 U.S. 246 (1978), Donald L. Swanson

Nebraska Law Review

I. Introduction … A. Background … B. Facts of Quilloin v. Walcott

II. Due Process Analysis … A. A Family Role Focus … B. Ramifications for Psychological Parenthood

III. Equal Protection Analysis … A. A Family Role Focus … B. Implications for Sex Discrimination

IV. Conclusion

1903 & 1946: The Making And Remaking Of The University Of Nebraska College Of Law, Carl Circo

Nebraska Law Review

Legal education at the University of Nebraska College of Law has undergone at least two significant upheavals. In rough terms, one can be associated with the deanship of Roscoe Pound from 1903 to 1907 and the other with the years 1946 to 1950 when Frederick Beutel was dean. Both periods presented fertile opportunity for educational reorganization. It is the thesis of this commentary that the two educational revisions, and their underlying philosophies, reflect clearly identifiable conclusions about the perceived purpose of a law school. This commentary first describes the chief characteristics of the educational process at the College of Law …

Developments In Groundwater Law, Robert Emmet Clark, Arthur Arguedas Jr.

Nebraska Law Review

Several legislatures and courts have made partial responses to the legal and technological deficiencies found in state groundwater management by the National Water Commission. The problem areas identified emphasize the need for comprehensive state water legislation which integrates the management of surface water and groundwater, for increased regulation of well drilling and groundwater "mining," and for elimination of legal obstacles to the transfer of groundwater rights from one use or user or place of use to another. This commentary is an outline of the more important recent legislative and judicial action which may help shape future groundwater legislation as long-standing …

Your Wildlife Lands : The Sand Hills, Faye Musil

Nebraska Game and Parks Commission: Publications

MOVING SAND. Wind blows sand on sand with a soft tinkle. From the center of a blowout, only distance is visible. Dunes follow dunes, dressed in flowing grasses, to the far horizon, and blue-sky clouds march back to zenith. Sand stings.

Backpacking: Trails To Nebraska's Great Outdoors., Jon Farrar, Bill Owca

Nebraska Game and Parks Commission: Publications

Brochure describes various hiking/backpacking areas in Nebraska and provides maps of suggested routes.

Mycobacteriosis (Tuberculosis) Of Fishes, S. F. Snieszko

United States Fish and Wildlife Service: Publications

Mycobacteria are widely distributed in nature. They are abundant in the soil, on the surface of plants, on the skin of vertebrates, in human food (e.g., milk and butter), and in animal feeds. Most mycobacteria are saprophytic, but some species are highly pathogenic and cause diseases such as tuberculosis and leprosy in humans, and similar diseases in mammals, birds, reptiles, amphibians, and fishes.

Mycobacteria that cause diseases of fishes differ considerably from those that cause diseases in humans and other mammals. Therefore, to avoid association between tuberculosis in mammals and mycobacterial infections in fishes, it is better to call the …

George Herbert Mead And Social Reform: His Work And Writings, Mary Jo Deegan, John S. Burger

Department of Sociology: Faculty Publications

There are two popular myths concerning the eminent philosopher and social psychologist George Herbert Mead: that he published little during his lifetime and that Mind, Self, and Society is his most important sociological work. This misrepresentation of Mead's contributions is partially grounded in the neglect of his work and writings on social reform. The misrepresentation of the significance of the almost seventy articles Mead wrote during his lifetime distorts the meaning of his concepts and has profound implications for symbolic interactionists who claim Mead as one of their founding fathers.

Social Experience And Moral Judgment In East African Young Adults, Carolyn P. Edwards

Department of Child, Youth, and Family Studies: Faculty Publications

Relationships between stage of moral judgment and antecedent social experiences are presented for a non-Western sample of young adults. Crosssectional data are presented for two groups of Kenyan students: 52 University of Nairobi students; and 40 fourth form secondary school Ss. Critical variables are (a) family modernization, (b) attending ethnically pluralistic secondary schools, and (c) living independently away from home. The correlations between moral judgment stage and these three variables are controlled for, and compared to, correlations between stage of moral judgment and age, sex, race, and academic ability (as measured by standardized achievement tests or by grades). The …

Climatic Change And The Extinction Of Large Mammals During The Quaternary, C. Bertrand Schultz, John M. Hillerud

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

There is an abundance of soils and paleosols as well as terraces and terrace fills and erosional forms of pediments to aid in working out a precise stratigraphic sequence for the Quaternary animals. The dating and correlation of Quaternary deposits are complex, and we must realize that there were numerous glacial advances and retreats. A continuing reexamination of the relationship of the mammalian faunas to the paleosols, terrace fills, volcanic ashes, and other geologic features must be done in order to provide a proper framework for the interpretation of the mammalian stratigraphic sequences.

The horses and camels, which had so …

The Comparative Method In Stratigraphy: The Beginning And End Of An Ice Age, Thompson Mylan Stout

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Glaciation should now be treated as a regularly repetitive process, not as an irregular process through geologic time. If so, the changes in volume of the world ocean (glacio-eustasy) may be expected to account primarily for the major advances and retreats of the sea (the "pulsations" of Grabau) that arc global and characteristic of all continental platforms (cratonic margins). These larger cycles, best termed stages (equivalent to the "megacycles" or "megacyclothems" of Moore, and to the "mesothems" of Ramsbottom), resemble the Quaternary Model, whether comparison is made with sedimentary cycles of the Paleozoic, Mesozoic, or Tertiary. Conversely, the Quaternary may …

Review Of Helminths Of Fish-Eating Birds Of The Palaearctic Region. I. Nematoda, Glenn L. Hoffman

United States Fish and Wildlife Service: Publications

The title is accurate but the subject is a little misleading. One would expect that the fish-eating birds will acquire nematodes from the fish they eat. On the contrary, with one exception, Eustrongylides tubifex, as far as is known none of these nematodes use fish as normal intermediate hosts. A few species use fish as paratenic hosts. The book consists of an Introduction (2 pages), General Account of Nematodes (4 pages), the Systematic Part (233 pages), List of Fish-Eating Birds and Their Nematodes (22 pages), References (29 pages) and Index (13 pages). There are keys to families, genera, and …

Groundwater Management In Nebraska Without A Legislative Solution: Is There An Alternative?, Mike Klein

Nebraska Law Review

The 1975 session of the Nebraska Legislature enacted sections 46-656 to 46-674 of the Nebraska Revised Statutes, rather optimistically entitled the "Nebraska Ground Water Management Act." As the legislative statement of intent indicates, the Act is designed to manage and conserve groundwater resources in an effort to insure the present and future economic well-being of the state. The legislative intent also purports to include a "demand," in the public interest, to implement management practices. However laudable this frank legislative recognition of the problem, the Act may fail to accomplish its stated purpose by not providing sufficient means for a politically …

Product Simulation In The Eighth Circuit, Thomas Holmes

Nebraska Law Review

Much of the uncertainty in product simulation law rests on two broad policy issues inadequately addressed by the courts: Is product simulation law advanced by statutory and judicial uncertainty? Is the public interest in competition advanced by freedom to copy or is it advanced by protection of an investor's interest in his creation? The second issue follows directly from the first because the state of simulation law has been influenced directly by each individual court's view of competition. This Comment reviews the broad issues of competition and decisional certainty and traces their evolvement into the doctrine of unfair competition as …

The Background Of Federal Rules 611(B) And 607, Robert Van Pelt

Nebraska Law Review

This article discusses two sections of the Federal and Nebraska Rules: (1) cross-examination of parties and witnesses and (2) a party's right to impeach a witness called by the party.

I. Introduction

II. The Advisory Committee

III. Cross-Examination of Parties and Witnesses

IV. A Party’s Right to Impeach His Own Witness

V. Conclusion

Divisible Copyright Under The Copyright Act Of 1976: The Effect On Registration, Recordation, Notice, And Standing To Sue, Lynne Rae Fritz

Nebraska Law Review

The Copyright Act of 1976 explicitly recognizes that ownership of the numerous exclusive rights composing the copyright is divisible. This Comment discusses that recognition, focusing primarily on the effects of the statutory recognition of divisibility on those provisions of the Act that deal with the problems of registration, recordation, notice, and standing to sue for infringement.

The Transient Rescue Mission: A Study In Cultural Adaptation, Patrick F. Mccarty

Department of Anthropology: Theses and Student Research

Chapter 1: Introduction • Methodology • Significance of the Research

Chapter 2: Traditional Philosophy of a Rescue Mission • A Brief History of People's City Mission • The Physical Setting of People's City Mission • Daily Mission Regimen

Chapter 3: The Social Ills of Transiency • Implementation of the Mission Goals • Mission Counseling Services • Mission Employment Program • The Religious Program

Chapter 4: Transiency as a Way of Life • Main Functions of the Rescue Mission • Choosing the Mission • Alternative Translent Residencies

Chapter 5: The Social Network of the Mission Translent • Resident Social Interaction • …