Digital Commons Network^™

A Plaintiff's Lawyer Looks At The Morass, Robert C. Strodel

Nebraska Law Review

I. Introduction

II. Approaching a Potential Case … A. The Client’s History … B. Records … C. Medical Research

III. Building a Case—Basic Techniques … A. Interrogatories … B. Depositions … C. Requests to Admit

IV. Handling the Client

V. The View from Olympus

Homosexuals And The Death Penalty In Colonial America, Louis Crompton

Department of English: Faculty Publications

This article traces the legislative history of statutes prescribing the death penalty for sodomy in 17th-century New England and in the other American colonies. New England and some middle colonies broke with English legal tradition by adopting explicitly biblical language. After the Revolution, Pennsylvania took the lead, in 1786, in dropping the death penalty.

As the nation prepares to celebrate the bicentennial of the Declaration of Independence, the question of the status of the homosexual in pre-Revolutionary America comes to mind. The Body of Liberties approved by the Colony of Massachusetts Bay in 1641 welcomed refugees seeking to escape "the …

The Use Of Visual And Name Codes In Scanning And Classifying Colors, John H. Flowers, Susan Dutch

Department of Psychology: Faculty Publications

The effect of incongruent color words on speed of classifying ink colors was measured in visual scanning tasks and in card sorting tasks. In both cases, little or no interference effects were noted when the classification allowed focusing on a single ink color or a set of highly similar colors (adjacent hues). Substantial interference occurred when the task required grouping of three dissimilar colors (nonadjacent hues). These findings suggest that the relative efficiency of name and visual codes in making perceptual classifications is largely dependent upon the memory requirements imposed by the task.

Invited Response To James J. Kilpatrick’S “And Some Are More Equal Than Others”, Mary Jo Deegan

Department of Sociology: Faculty Publications

It is difficult to take Mr. Kilpatrick's column seriously. Not only is it written in a light-hearted vein, like many remarks written on minority groups and women, but also it takes an illogical and indefensible position. Somehow, I gather, the reader is supposed to feel that women should not be in half of the illustrations relating to society. In "reality" they are 51% of the population, so perhaps Mr. Kilpatrick is referring to a different reality than the one where women live. It would be interesting to know where this" reality" exists. In an additionally inexpicable manner there is supposed …

Functional Analysis: Some Recent Philosophical History, David W. Paulsen

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

1. Introduction. A standard treatment of functional analysis ("functionalism") among philosophers of science has recently come under attack by a new variety of "functionalist" in the philosophy of psychology.¹ Jerry Fodor, the chief proponent of this new approach, challenges the view that functional statements can be eliminated in favor of causal (nomological) statements. He supports his position by providing the outlines of a functional analysis of mental concepts which he believes illuminates the mind-body problem. In particular, Fodor holds that his version of functionalism clarifies how a materialist may avoid adherence to the reductionist thesis that mental concepts …

Hypothesis In British Methodological Thought: Newton To Whewell, Gary Blum

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

In this paper I wish to trace the gradual breaking away from the powerful influence of Isaac Newton's views on the admissibility of hypotheses in "experimental philosophy," mainly as this break occurred in the writing of 19th century methodologists in Great Britain.

First, let us consider Newton's notion of hypothesis. The term is used in many different ways in Newton's various writings (I. B. Cohen, in Franklin & Newton, has distinguished at least 9 different senses of the word). But two major considerations are relatively clear: Newton called his science "experimental philosophy" in order to contrast it with …

Cultural Pressure On Sex Differences, Patricia Draper

Department of Anthropology: Faculty Publications

This paper suggests that sex differences in the behavior of children exist but are not necessarily intensified under certain cultural conditions. Under conditions of culture change to a sedentary economy, certain elements of male and female differentiated behavior are exploited in the process of increasing sex differentiation.

Dramatic Structure And Philosophy In Brutus, Alzire And Mahomet, Thomas M. Carr Jr.

French Language and Literature Papers

An impressive amount of recent critical work has dealt with the philosophic element in Voltaire's tragedies. His plays have been labelled a theatre of involvement and a theatre of ideas; they have been examined from the standpoint of propaganda and as tragedy. However,the focus of such studies has been primarily on Voltaire's message or on the meaning of the plays, rather than on the dramatic structure he created to convey his philosophic concerns.

Today, of course, Voltaire does not rank high either as an original thinker or as a dramatist. Nonetheless, his attempt to introduce his philosophic concerns into his …

Can College Students Reason ?, Larry Copes

Module 11: Implementation and Suggested Readings

The students we are discussing are not stupid or lazy. Perhaps they are not "reasoning", in our logical sense of the term, but we need to consider the possibility that this is due to gaps in the development of their mental structure rather than to inherent lack of growth potential. If we channel our impatience toward providing concrete, "hands-on" learning environments, I believe we may teach more effectively in the long run.

Therefore I encourage you to take Piaget's work seriously--if not for its specifics, at least for its metaphorical value--for it presents a very compelling model for describing the …

An Emotion-Attribution Approach To Moral Behavior: Interfacing Cognitive And Avoidance Theories Of Moral Development, Richard A. Dienstbier, Donald Hillman, John Lehnhoff, Judith Hillman, Maureen C. Valkenaar

Department of Psychology: Faculty Publications

A theory is presented concerning the impact of attributions about the causes of emotional responses as they influence self-control in temptation situations. Research is reviewed indicating a high level of adult sensitivity to external influence in making such causal attributions. Two studies are presented in which the post transgression emotions of second-grade children are labeled shame (because of being found out) or guilt (due to the transgression itself); when a similar situation was subsequently represented as safe from detection, shame-condition children transgressed 60–80% more than guilt-condition subjects. It is suggested that emotional arousal elicited in temptation situations because of past …

How To Apply The Categorical Imperative, Nelson T. Potter Jr.

Department of Philosophy: Faculty Publications

The aim of the present paper is to give a new positive interpretation of how the categorical imperative is to be applied. There have been critiques of Kant's applications and defenses of Kant against such criticism, but it is surprisingly seldom that a positive interpretation of how the categorical imperative is to be applied has been offered.

Facing The Economic Issue, Clayton K. Yeutter

Clayton K. Yeutter, United States Secretary of Agriculture: Papers

Perhaps the most significant item on America's unfinished agenda is the status of our economy. We are all aware of serious difficulties in our economic structure today. We could scarcely fail to notice, what with recent devaluations of the dollar, double-digit inflation, serious unemployment, recession and staggering Federal budget deficits.

Obviously, we have not yet achieved the ideal economic system. Even worse, we seem to have major disagreement about where we are and the direction in which we want to travel.

Critical Flicker Frequency In A Harp Seal: Evidence For Duplex Retinal Organization, Charles D. Bernholz, Michael L. Matthews

University of Nebraska-Lincoln Libraries: Faculty Publications

Critical flicker frequency (CFF) was investigated in a free swimming harp seal using behavioral techniques. The resulting CFF vs intensity curve indicates a definite rod/cone break, suggesting a duplex photoreceptor population, whose presence had not been observed in previous morphological reports.

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

Farm, Ranch and Home Quarterly

In this issue:

2 Inflation Fighters

5 Alfalfa in Swine Finishing Diets

7 Protein Levels for Swine

9 A Million Pounds of Education

11 Is Car Exhaust Poisoning Our Corn?

12 Nebraska's and Pasture Resources

13 Clothing Goals

16 Partners in Horticulture Therapy

19 Dry Bean Planting, Weather Or Not

20 Fertilizing Proso Millet

22 Agriculture in the Holy Land

A New Prescription For A Lens To Homer: Review Of Robert Fitzgerald's Translation Of The Iliad, Thomas Nelson Winter

Department of Classics and Religious Studies: Faculty Publications

HOMER, The Iliad, translated by ROBERT FITZGERALD, Doubleday.

One of the best things about this version was Fitzgerald’s decision to use the purist transliterations: the effect of this is to invite the reader to read as if he had never read an Iliad before. A single newly thought‐out rendering can nudge the reader into new thinking about Homer, thinking which he otherwise would not have done. The ultimate way to experience Homer will ever remain to become at home in Greek. Then the experience is your own. But for the price of fifteen dollars you can experience Fitzgerald’s experience of …

The Psychology Of Recovery, Clayton K. Yeutter

Clayton K. Yeutter, United States Secretary of Agriculture: Papers

Franklin Roosevelt said during the Great Depression, 11 The only thing we have to fear is fear itself." That may have seemed ironic to the man standing in line outside a soup kitchen at the time. But the statement was true; in the 1930's, we let fear drive us into some policies that worsened the Great Depression and made it longer and more far-reaching than might otherwise have been the case.

By the same token, our attitude toward the present recession can play an important role in getting us out of it. And nothing will do more for American agriculture …

Looking Forward, Clayton K. Yeutter

Clayton K. Yeutter, United States Secretary of Agriculture: Papers

A couple of weeks ago, on my Far Eastern tour, I visited a farm in Taiwan. The contrast with Montana could not have been more striking.

This was a good-sized farm by Taiwanese standards, about 10 acres. It is farmed by a father and his six sons, and provides most of the support for the 40 people in their families. The agriculture is highly intensive. They alternate rice and vegetables on their land, getting at least two crops of each per year. They were also raising hogs--completely confined from birth to slaughter because land is so precious. There were no …

Ralph Albert Blakelock 1847-1919, Norman Geske

Sheldon Museum of Art: Catalogs and Publications

Introduction

To undertake the "study" of the work of Ralph Blake10ck is to become involved in one of the most complex problems in the history of our national art. It is a problem which includes not only the conventional considerations of biography, style and technique, each of them in Blakelock's case something less than clear cut, but also the psychological problem which combines the intricacies of the painter's personality with the intricacies of the social scene in which he lived. One must deal with a variety of elements - the artist and his contemporaries, the dealers, critics, collectors, and auction …

Abortion: An Unresolved Issue—Are Parental Consent Statutes Unconstitutional?, Roberta S. Stick

Nebraska Law Review

In the companion cases of Roe v. Wade and Doe v. Bolton, the United States Supreme Court acknowledged that a woman has the right to terminate an unwanted pregnancy. This right is fundamental and is encompassed within the constitutional right to privacy. Despite the Court's definitive position, many tangential issues regarding abortion remain unresolved. One such issue which the Court raised but did not decide in Roe concerns the constitutionality of statutes requiring parental consent in addition to the minor's consent before the minor can have an abortion. Of all the decisions handed down by state and federal district …

Structuring The Farm And Ranch Operation For Business And Estate Planning, Herbert M. Brugh

Nebraska Law Review

I. Introduction

II. The Farm and Ranch Unit … A. Business Life Cycle … B. Business Characteristics

III. The Farm and Ranch Industry … A. Supply, Production, and Marketing Structure … B. Real Estate: Market Value and Unit Size … C. Operation Financing … D. Management and Business Technology … E. Industry Demography

IV. Economic Analysis … A. The Economic Elements … B. Salvaging the Lost Elements

V. Operation Financing … A. Common Methods of Financing … B. Equity Financing

VI. Economic Analysis in Estate Planning … A. The Business Life Cycle … B. The Business Entity as a Solution …

The Nebraska Residential Landlord And Tenant Act, Stephen E. Kalish

Nebraska Law Review

I. Introduction … A. Interpretation … B. Coverage

II. Agreements … A. Rental Agreements … B. Settlement Agreements … C. Contracting-Out Agreements

III. Landlord Obligations and Tenant Remedies … A. Duty to Return Security Deposit … B. Duty to Disclose Identity … C. Duty to Deliver Possession … D. Duty to Maintain

IV. Tenant Obligations and Landlord Remedies … A. Duty to Maintain … B. Duty to Comply with Rules and Regulations … C. Duty to Comply … D. Duty to Grant Access … R Duty to Use Properly … F. Remedy for Hold-Over … G. Remedy of Self-Help

V. …

Public And Professional Assessment Of The Nebraska Bar, Susan Jacobs, June Wagoner

Nebraska Law Review

Watching Watergate unfold, public confidence in the bar descended to an all-time low in 1974, according to public opinion polls. Coincidentally, the Nebraska State Bar Association launched a public relations campaign designed to advise the public of active efforts to hold attorneys to the standards of the Code of Professional Responsibility. In an attempt to assess the status of the profession in Nebraska, a survey was conducted to compare opinions of the bar as they were expressed by lawyers and laypersons. Questions contained in the survey reflected concerns central to five of the Canons of Professional Responsibility.

I. Introduction

II. …

Module 11: Suggested Reading, Francis P. Collea, Robert Fuller, Robert Karplus, Lester G. Paldy, John W. Renner

Physics Teaching and the Development of Reasoning: Workshop Materials

This module contains reprints of several articles related to the ideas of stages of development and self-regulation and a bibliography of books and articles that you may wish to study after you complete the workshop.

This module contains the following materials:

1. Reading list of suggested books and articles.

2. Are Colleges Concerned with Intellectual Development?
Joe W. McKinnon, Oklahoma City University
John W. Renner, University of Oklahoma
AMERICAN JOURNAL OF PHYSICS 39: 1047 (September 1971)


3. Piagetian Theory and Instruction in Physics
John W. Renner and Anton E. Lawson
THE PHYSICS TEACHER, 11: 165 (March 1973)

4. Promoting Intellectual …

Thermometry And Heat Transport In The Human Body, Thomas C. Campbell, Norman J. Chonacky

Physical Science Modules for Bioscience Students

We've all grown up with sensations of hot and cold. You receive such specific sensations from touching objects, but also a generalized sensation from your environment. Thus, you may say: "This is hot; that is cold." But also, you say: "I am hot (cold, clammy, chilly, etc.)." These sensations are judgements about thermal conditions from the psychological point of view.

From the physical point of view, heat is transported energy; the body is an engine which transforms chemical energy to mechanical energy, and in doing so produces a residual amount of thermal energy from which the body must continually divest …

Ralph Mueller Planetarium Presents Ufo Program, Jack A. Dunn, Harvey L. Gunderson

University of Nebraska State Museum: Programs Information

In 1974 the Ralph Mueller planetarium presented a program on the subject of UFOs. This program was difficult to produce because of the extremely subjective nature of the topic. It would have been easy to slant such a program in one of two ways. The program might label all persons seeing UFOs as "wild-eyed kooks"; or it could swing to the other extreme, where all testimony and "evidence" are accepted without attempting to subject it to scientific scrutiny. This information, then, is presented in the hope that the reader will realize that the subject can and is being studied in …

Societal Complexity And Moral Development: A Kenyan Study., Carolyn P. Edwards

Department of Psychology: Faculty Publications

This study examines the moral judgment levels (as measured by Kohlberg’s 6-stage moral judgment interview) for two Kenyan samples. The first sample includes a culturally and racially group of 35 young men and 17 women studying at the University of Nairobi, while the second sample consists of 44 males and 14 females living in seven communities in the Central and Western Provinces of Kenya who were interviewed by a cadre of trained University students on their school vacation. The moral judgment interview included four hypothetical moral dilemmas and a standard set of probing questions. Three of the dilemmas were standard …

"Sensory" Interference In A Word-Color Matching Task, John H. Flowers

Department of Psychology: Faculty Publications

Two experiments measured RTs for matching sequentially displayed color names to color patches. Experiment I demonstrated that printing the name in an incongruent color produced longer RTs than when the name was printed in black ink or a congruent colored ink, provided the time interval between the name display and the color patch display was brief (less than 100 msec). This interference was attenuated with longer delays. In Experiment II, a wider range of irrelevant colors was combined with the name display, and RT was found to be correlated with the colorimetric dissimilarity between the name and the irrelevant color. …

Intraproblem Retention During Learning-Set Acquisition In Bluejays (Cyanocitta Eristata), Alan C. Kamil, John E. Maulden

Papers in Behavior in Biological Sciences

Recent experiments have shown that bluejays and rhesus monkeys experienced in object-discrimination learning set (ODLS) exhibit a rapid decline in performance when a retention interval is inserted between successive trials of individual ODLS problems (Bessemer & Stollnitz, 1971; Kamil, Lougee, & Shulman, 1973). This intraproblem retention loss (IRL), or forgetting, has been interpreted as reflecting the importance of relatively transient memory traces for events of previous trials of the ODLS problem as determinants of choice behavior on the current trial of the same problem. According to this model, these memory traces function as discriminative stimuli in a conditional discrimination which …

Marginal Learning-Set Formation By The Crow (Corvus Brachyrhynchos), Maxwell W. Hunter Iii, Alan C. Kamil

Papers in Behavior in Biological Sciences

Each of three hand raised crows received 300 learning set problems in a modified WGTA using three-dimensional stimuli. Consistent within-problem learning was obtained but learning set formation was minimal. An analysis of hypothesis behavior (Levine, 1959) revealed a strong tendency towards position and stimulus preferences. These results raise the possibility of large species differences in learning set formation within the family Corvid

A Guide To What, How, Why And Why Not Of Psi, Vernon Williams, Robert Fuller, David Joseph

Personalized System of Instruction (PSI), or Keller Plan, Materials

The production and distribution of the film, Personalized System of Instruction: An Alternative, © 1973, by the Instructional Media Center of the University of Nebraska Lincoln was met with considerable interest among academics in the USA. A one time the film lending library had 24 copies of the film that were is almost continuous distribution in the early 1970s.

The film lead viewers to ask many questions and the Instructional Media Center got many requests for additional information. In response to that need, Vernon Williams of the Teaching and Learning Center and Professors Robert Fuller and David Joseph of …