Digital Commons Network^™

The Quandary Of The Hospital Administrator In Dealing With The Medical Malpractice Problem, K. J. Williams

Nebraska Law Review

I. Introduction

II. The Quandary

III. Reasons for the Quandary

IV. Resolving the Quandary … A. Achieving Consensus within the Establishment … B. Time for Reappraisal … C. The Likelihood of Outside Forces … D. A Separate Corporation? A Union?

Juvenile Court Reform: The Juvenile Offender After L.B. 620, Thomas L. Hagel

Nebraska Law Review

The Nebraska Legislature recently examined the problem of broad prosecutorial discretion in handling juvenile offenders. The product of this extensive examination is L.B. 620. One of the bill's primary purposes is "to remove children who are within the provisions of this act from the criminal justice system whenever possible. " The bill's effect has been to limit dramatically the county attorney's discretion when choosing the forum in which to prosecute the juvenile offender.

I. Introduction

II. Former Nebraska Statutes

III. L.B. 620: Legislative History

IV. The Juvenile Offender after L.B. 620

V. Conclusion

Due Process—Revocation Of Driver’S License: Stauffer V. Weedlun, 188 Neb. 105, 195 N.W.2.D 218 (1972), Clark R. Irey

Nebraska Law Review

In Stauffer v. Weedlun, the Nebraska Supreme Court held revocation of a driver's license upon accumulation of twelve or more traffic violation points meets due process requirements despite the absence of statutory provisions for prior hearing and notice to the driver. The decision merits further consideration in light of an earlier case, Bell v. Burson, in which the United States Supreme Court held due process was violated when a driver's license was suspended pursuant to a financial responsibility law, because of lack of a prior notice and an opportunity for a hearing on the driver's possible liability. This …

Constitutional Law—The Right To Counsel For Drunk Drivers: Pickard V. Director Of Motor Vehicles, 184 Neb. 13, 165 N.W.2d 96, Motion For Rehearing Overruled, 184 Neb. 573, 169 N.W.2d 460 (1969), George B. Klippert

Nebraska Law Review

Since the landmark decisions of Miranda v. Arizona and Escobedo v. Illinois, state and federal courts have struggled to set the boundaries on further interpretation of one's constitutional rights in areas other than the criminal law. For example, those states which have enacted implied consent laws have been consistently confronted with the assertion of these constitutional arguments by those convicted of driving while under the influence of intoxicating liquor. By and large the courts sitting in implied consent states have remained impervious to the general trend generated by Miranda and Escobedo by narrowly construing the rights of those individuals …

4th Bird Control Seminar -- Introductory Comments, William B. Jackson

Bird Control Seminars Proceedings

My travels the last few years have permitted me to see some aspects of bird management practices in both Asia and Europe. I must confess that had I not seen the Tori gates of Japan or the cathedral spires in Europe, I might well have thought I was in Ohio. Scarecrows were often seen. Fields were adorned with glittering strips of metal or blowing streamers of paper. In Scotland, red balloons flew over a turnip field. The sound of acetylene exploders sometimes fractured the tranquil countryside. While I saw many essentially useless devices for keeping birds out of man's agricultural …

Zoning Laws As Evidence Of Negligence, Leroy W. Orton

Nebraska Law Review

The purpose of this comment is to present the idea that zoning laws should be construed as safety ordinances and that, as such, violations of them should be admissible as evidence of negligence in civil actions. A brief history of zoning and a discussion of the purposes of zoning presently recognized by the courts are followed by a consideration of recognized safety statutes and the evidentiary significance given them by the courts as related to modern zoning laws.

Introduction

Zoning Foundations and History

Zoning—Its Purposes

Violations of Safety Statutes and Ordinances in Comparison

Conclusion

Standards—A Safeguard For The Exercise Of Delegated Power, Maurice H. Merrill

Nebraska Law Review

There is a widely approved "doctrine that delegation of legislative or judicial power to administrative agencies must be limited by the imposition of legislatively prescribed standards" in order to be valid under state and national constitutions. What is the practical value of the doctrine of standards? Since it rests not upon specific constitutional texts but upon judicial construction of very broad constitutional provisions, I suppose it may be proper to argue that this interpretation should be reexamined in the light of experience. I suggest that the practical employment of the doctrine of standards embodies a number of useful functions. The …

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 …

Ec67-2211 The Homemaker In The Business World, Clara Leopold

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 67-2211 is about the homemaker in the business world.

Good Practice In Bird Management, James W. Steckel

Bird Control Seminars Proceedings

I'm going to deviate a little bit from what's been said. I'd like to read to you first of all a Good Practice Statement for Bird Management that was accepted by the National Pest Control Association in the past year, 1965. I think it's important for all the people here, realizing that some of you are suppliers, some of you are from regulatory agencies, some of you are in the bird management business, and others are in¬terested in this field in many other ways. It's important for us to realize, all of us, that this field is just in the …

State Centralized Investment Process-Structure, Controls, And Operations, Miles Tommeraasen

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

"GOOD NEWS FOR TAXPAYERS." "State Can Earn Still More Interest." "State To Reinvest For 4%% Interest-5Y2 Million To Draw Highest Return Ever." "Iowa Invests Record 207 Million in Interest-Bearing Securities-Puts Surplus Money to Work, but Cautiously." These are typical captions selected from newspaper articles and editorials which have appeared in the past few years. They may attract attention to surface matters but such reports miss the real significance of recent developments in the alert financial management of state funds.

PURPOSE OF THIS RESEARCH

There are many sources of funds for a government. Taxes, licenses, and fees of various kinds constitute …

The University’S Role In Prison Eduction, Delyte W. Morris

Nebraska Law Review

For thirteen years Southern Illinois University has had an association with the Illinois State Penitentiary at Menard, Illinois, which has been rewarding and useful for both institutions. This article deals with the educational and rehabilitational aspects of this association. First, we look briefly at the historical development of education in prison programs. Second, we outline the specific growth of educational services by Southern Illinois University at Menard and the United States Penitentiary at Marion, Illinois. Third, we examine the influences of this growth on thinking, planning, research, and applications of prison education by the university locally and, by extension of …

Mr. Justice Black, Chief Justice Marshall, And The Commerce Clause, Paul Tillett

Nebraska Law Review

Throughout his twenty-six years on the United States Supreme Court, Mr. Justice Black has shown himself to be an able advocate of Chief Justice Marshall's interpretation of the critical clause which empowers Congress to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." The commerce clause does not explain what power over commerce, if any, is left to the states. Since Chief Justice Marshall's first attempt to clarify this relationship in Gibbons v. Ogden, the Court has adopted a series of constitutional doctrines, none of which can be regarded as having finally resolved …

Streamlining The Executive In Nebraska, Frank B. Morrison

Nebraska Law Review

In the third of three articles on the branches of Nebraska government and their relationship to revising the state constitution, Governor Frank Morrison concludes the section with a number of provocative proposals for streamlining the executive branch of state government through amendments to the constitution. The major areas in need of change are the boards and commissions created in the executive section of the Constitution; that is, the Railway Commission, Board of Control, Board of Pardons, and other areas of executive responsibility, such as the Highway Commission and executive officers. The Unicameral has made significant strides in the area of …

Control Of Outdoor Advertising: State Implementation Of Federal Law And Standards, Leroy Powers

Nebraska Law Review

I. Introduction

II. Police Power

III. Eminent Domain

IV. Possible State Legislation

V. Conclusion

Control Of Highway Access, Frank M. Covey Jr.

Nebraska Law Review

I. Introduction—The Need for Access Control

II. The Origin of the Right of Access … A. The Logical Use of the Lot and Road … B. The Economic History of Road Building … C. The Response to a Felt Need

III. The Nature of the Right of Access … A. Diversion of Traffic … B. Circuity of Travel

IV. The Means of Access Control … A. Denial or Limitation of Access … 1. The Controlled Access Road … 2. The Freeway … 3. The Parkway … B. Control of the Amount of Access … 1. Subdivision Controls … 2. Official …

Municipal Home Rule, A Progress Report?, Arthur B. Winter

Nebraska Law Review

I. The Home Rule Concept … A. Cause and Effect … B. Advantages of Home Rule … C. Nebraska’s Constitutional Provisions … D. The Application of Home Rule … E. Home Rule and the Courts—Generally

II. Selected Aspects of the Municipal Legislative Process … A. The Exercise of Certain Quasi-Sovereign Powers … 1. Eminent Domain … 2. Power to Tax and Assess … 3. Regulation of Surface Transportation Systems … 4. Regulation of Liquor Traffic and Gambling … B. Municipal Services to Citizens … 1. The Public Safety Function … 2. The Educational Function … 3. Health and Sanitation … …

Standardized Instructions To Juries: 1953 Cumulative Supplement, Adopted By The Association Of District Judges Of Nebraska

Nebraska Law Review

No. 1. Arrest-Definition. No. 2. Arrest-Conduct of Officer. No. 3. Arrest-Conduct of Officer, No. 4 .Arrest Without a Warrant. No. 5. Arrest-Use of Force. No. 6. Assault and Battery Definitions. No. 7. Assault and Battery-Great Bodily Injury-Definitions. No. 8. Blood Test Evidence, Drunken Driver Cases. No. 9. Confession-When it May be Considered as Evidence. No. 10. Damages -Seepage of Water From Canals or Reservoirs. No. 11. Tables of Expectancy. No. 12. Family Purpose Car. No. 13. Guest Passenger, Standard of Duty. No. 14. Jury to Consider All Instructions. No. 15. Jury, Conduct of in Separate Hotel Rooms in Criminal Cases. …

Circular 88, Aircraft In Agriculture, 1950

University of Nebraska Historical Extension: Bulletin

Circular 88, Aircraft in Agriculture, 1950

On Certain New Elucidations Of Shakespeare, L. A. Shermnan

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

Notes on Shakespeare's Workmanship. By Sir Arthur QuiIler-Couch, M. A. New York: Henry Holt and Company .

The title of Quiller-Couch's recent volume,l would seem to promise a fresh discussion of the dramaturgic method and excellencies of this author. No promise or prospect could have been more welcome. The technic of organizing a play is a matter of no slight concern. All the dramatic world is waiting for some satisfying if not final word.. There are critics and scholars who affirm that there is no such thing as dramatic construction. They would even add that there are no princiJ>les …

A Charge On The Rise Of The American Empire (1776), William Henry Drayton, Reiner Smolinski , Editor

Electronic Texts in American Studies

WILLIAM HENRY DRAYTON (1742–79), chief justice of South Carolina, Revolutionary leader, and wealthy plantation owner, was born near Charlestown. His family on both sides were wealthy planters and prominent politicians, enabling young William Henry to study in London and Oxford. Upon his return he married a South Carolina heiress, turned to politics, and was elected to the Assembly. Drayton championed the cause of British interest in the colonies and opposed such popular measures as the non-importation movement while defending the rights of the individual. Upon loosing his seat in the Assembly, Drayton left for England and returned shortly thereafter to …

Marvellous Things Done By The Right Hand And Holy Arm Of God In Getting Him The Victory (1745), Charles Chauncy, Reiner Smolinski , Editor

Electronic Texts in American Studies

This sermon demonstrates that Charles Chauncy was not beyond preaching on the more mundane subjects of the period. His 1745 thanksgiving sermon Marvellous Things done by the right Hand and holy Arm of God in getting him the Victory (courtesy of the American Antiquarian Society) was preached on the occasion of the British victory at Louisbourg, Cape Breton Island (1745), over superior French forces. Chauncy traces God’s providential hand in the war with French Canada and describes how God’s interposition is clearly visible in the miraculous appearance of a British supply ship, in the capture of a French man-of-war, in …