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Torts—Federal Tort Claims Act—Exception As To Assault And Battery, Alfred Blessing

Nebraska Law Review

Plaintiff’s decedent, the first mate, returned to his ship accompanied by the chief steward, second mate, and two other friends who were civilian employees of the United States. The sentry, pursuant to orders, refused to allow the civilians aboard the ship and asked them to leave. An argument ensued whereupon the sentry drew his pistol and fired one shot wildly. Both the deceased and the chief steward lunged for the sentry in an effort to disarm him and in the ensuing struggle for the pistol the deceased was shot. Plaintiff, wife of the deceased, brought suit against the United States …

Table Of Contents, Vol. 34, No. 4

Nebraska Law Review

No abstract provided.

The Fifth Amendment And The Lawyer’S Responsibility, Stanley A. Weigel

Nebraska Law Review

Mr. Loyd Wright advocates disbarment of any lawyer who publicly declines to answer, on Fifth Amendment grounds, questions relating to affiliation with the Communist Party or other subversive organizations or subversive persons.

Mr. Wright’s position is that disbarment should be the consequence regardless of whether the right is exercised before a court or before a committee and even in the total absence of supporting evidence of disloyalty.

Mr. Wright advocates policy. The issue is not as to what the policy is, nor, for that matter, what the law is. The issue is—what they ought to be.

In essence, the policy …

Baseball And The Anti-Trust Laws, Charles Gromley

Nebraska Law Review

Few business enterprises receive the public attention accorded baseball. Newspapers large and small invariably report the details of every game or development in the sport. Radio and television bring the games to thousands of homes. Every player trade is given coast-to-coast coverage; the sore arm or lacerated finger of a star player becomes an object of national concern. These aspects of the game are matters of common knowledge.

In contrast to this is the general lack of familiarity with “baseball law,” i.e., the self-imposed body of rules regulating baseball’s activity. “Baseball law” is composed of (1) the Agreement of the …

Constitutional Law—Interstate Commerce—Antitrust Laws, Hal W. Bauer

Nebraska Law Review

Petitioner who was engaged in a wholly intrastate activity, the bakery business, at Santa Rosa, New Mexico, brought an action for treble damages. The corporate respondent was a Clovis, New Mexico, bakery which sold bread in interstate commerce. Respondent was one of several corporations having interlocking ownership and management, all marketing bread under a common name. The syndicate promoted the product through a common advertising program and purchased supplies as a unit. Respondent, claiming petitioner had instigated a boycott against it, cut the price of bread by one-half in Santa Rosa, thereby driving the petitioner out of business, but did …

Attorney And Client—Attorney’S Liens—"Money" And The Charging Lien, Robert Berkshire

Nebraska Law Review

Attorneys in Nebraska are aided in collecting compensation for their services by the attorney’s lien statute. The object of the lien statute is to protect the attorney against bad faith and ingratitude by clients, as well as collusion between a client and the adverse party which operates to deprive the attorney of his just compensation. It is the purpose of this article to expose some of the difficulties inherent in the application of the statute, study the arguments which support the various interpretations thereof, and proffer recommendations for the correction and amplification of the statute.

Sovereign Liability For Tortious Acts Of Its Wards Occasioned By Failure To Exercise Proper Custodial Care, Charles K. Thompson

Nebraska Law Review

Periodically the public reads of the injury of a citizen other than a state employee at the hands of a former mental patient who either escaped because of inadequate guarding or was released from a state or federal institution because of an improper release-diagnosis. The public assumes that the injured party will be reimbursed, but who will bear the burden of reimbursement? Confinement often leaves the patient judgment proof; the employee whose negligence allowed the escape is frequently judgment proof; the employee who negligently certified the release of an unrehabilitated patient is clothed with immunity from suit on his release-discretion; …

Criminal Law—The Need For A New Conception Of Insanity As A Defense To A Crime In Nebraska, Lyman C. Johnson

Nebraska Law Review

In 1843 a man named M’Naghten, convinced he was being persecuted, attempted to assassinate the Prime Minister of England and killed the Prime Minister’s secretary in the attempt. M’Naghten was acquitted by reason of insanity, but public uproar caused the House of Lords to make inquiry of the judges concerning the law of insanity. The most important answer to that inquiry was that a sane man understands the nature and quality of his acts or knows that they are wrong.

In 1955, over one hundred years later, a man named Thompson fired five shots at his wife in Omaha, Nebraska; …

Commentary On Press Photographers And The Courtroom, William F. Swindler

Nebraska Law Review

The Attorney General of the United States, who happens also to be a graduate of the University of Nebraska School of Journalism, displays a certain ambivalence in the matter of the legal rights of press photographers. This is understandable enough, for there are many editors and reporters who are also of two minds on the subject. And it should be pointed out that the questions which arise with reference to Canon 35 must logically extend to the new communications medium of television which, if anything, will further complicate the whole business.

It is true, as the National Press Photographers Association …

The Place Of The Legal Fraternity In Legal Education, Milton D. Green

Nebraska Law Review

Legal education in America began with the apprenticeship system. If a young man wanted to become a lawyer, he persuaded an older practitioner to take him into his office where he ran errands, served papers, “polished up the handle on the big front door,” and in his spare time read law. That is a far cry from the modern approved law school which requires as a condition to admission at least three years of college work and the completion of three full years of intensive legal study. Throughout the years there has been steady pressure to improve the quality of …

What Kind Of Bankruptcy Legislation For Farmers?, Ernest Feder

Nebraska Law Review

I. Introduction

II. The Vulnerability of Agriculture and Objectives of Farmer Debtor Relief Legislation

III. A Study of the Frazier-Lemke Act in Action … A. Reasons for Failure … B. The Indirect Effects of Section 75

IV. The Moratorium Bill: An Analysis of Its Major Provisions … A. Is the Moratorium Bill a Bankruptcy Bill? … B. Who Can File … C. The Offer of Rental Payments … D. The Creditors’ Meeting … E. Worthy and Unworthy Farmers … F. Causes Beyond the Farmer’s Control … G. The Moratorium … H. During the Moratorium … I. After the Moratorium: The …

Nebraska: First To Revise Highway Laws With Own Staff, Henry Grether, Jean Caha

Nebraska Law Review

I. Procedure

II. Substantive Law … A. Sections of Statutes Arranged in Functional and More Logical Sequence … B. Archaic Provisions Eliminated … C. Ambiguities Clarified … D. Power Delegated to Department Broadened and Specifically Enumerated … E. Proper Engineering Practices of the Department Legalized … F. Legislative Intent and Definitions … G. Highway Establishment and Abandonment … H. Broad Authority Delegated for Efficient Inter-Governmental Relations of Cooperating Governmental Units … I. Research and Testing Essential to Modern Highway Engineering Provided for … J. Broad Authority for Access Control Measures Delegated to Department … K. Maintenance … L. Revenue and …

Nebraska’S Fair Trade Act, Marvin L. Holscher

Nebraska Law Review

Introduction

I. The Court’s Yardstick of Constitutionality … A. The Historical Basis of Fair Trade Legislation … B. Nebraska Standards of Constitutionality

II. The Effect of the McGraw Decision on Future Trade Legislation

III. The Sherman Anti-Trust Act

IV. Conclusion

Constitutional Law—Equal Protection—School Segregation Revived, Marshall D. Becker

Nebraska Law Review

Plaintiffs brought suit for themselves and all other taxpayers in Wagoner County, Oklahoma, to enjoin the Board of County Commissioners from delivering to purchasers school bonds which were voted for the acquisition, maintenance, and repair of segregated schools. The lower court ruled that the recent decision of the United States Supreme Court in Brown v. Board of Education of Topeka, which nullified statutes providing for segregation of races in schools, did not negate other statutes providing for the acquisition, maintenance, and repair of separate schools under a segregated system, and that such an acquisition was legal. Plaintiffs appealed to …

Torts—Negligence—Liability To Trespassing Children, Bob Baumfalk

Nebraska Law Review

Plaintiff, an eleven-year-old boy, was injured when a lumber pile on which he was playing collapsed. The lumber had been ordered by a contractor and had been piled on the building site by a lumber dealer. The lumber, which allegedly resembled a boat to the plaintiff, was near two public alleys which bordered the building site. The plaintiff brought an action for injuries under the attractive nuisance doctrine against both the contractor and the lumber dealer. Held: Even though the lumber dealer had neither possession or control of the premises, he owed a duty to trespassing children not to create …

Constitutional Law—Equal Protection—Determinable Fee, Domenico Caporale

Nebraska Law Review

A 1929 deed which conveyed land from private individuals to a city provided: “. . . In the event said lands . . . shall not be kept and maintained as a park . . . for use by the white race only . . . , the lands hereby conveyed shall revert in fee simple . . .” In 1955 a declaratory judgment was sought to determine the validity of the restriction and reverter clauses. Held: the operation of such language created a fee simple determinable with a possibility of reverter. Since such reversion would be automatic and would …

Constitutional Law—Ex Post Facto Clause—Deportation Of Aliens, Deryl F. Hamann

Nebraska Law Review

In 1938, petitioner, an alien, was convicted of violating the Marihuana Tax Act. In 1952, Congress authorized the deportation of all such violators, including those convicted before passage of the 1952 act. Petitioner was ordered deported by an officer of the Immigration and Naturalization Service, and brought a writ of habeas corpus to review the Board of Immigration Appeal’s affirmation of the deportation order, claiming a violation of the ex post facto clause of the Federal Constitution. The district court and the court of appeals denied review, and the United States Supreme Court affirmed. The Court, declining to consider petitioner's …

Municipal Corporations: Contracts In Perpetuum, William H. Sherwood

Nebraska Law Review

In 1905 the newly organized University of Florida was looking for a home. By statute the Board of Control was empowered to choose the site, and in so choosing, to take donations offered by municipalities wishing to be chosen. Through its "Citizen's Committee" (an unofficial body with no real authority), the City of Gainesville, Florida, offered, in addition to substantial donations of buildings and lands, to furnish water to the University free of charge. The offer was accepted; the University of Florida, with an enrollment of 135 students, set up blackboards in Gainesville (population 3,633), and water began flowing through …

4-H Winter Wheat Production And Marketing Club Manual : Extension Circular 1-41-2

Nebraska 4-H Clubs: Historical Materials and Publications

The purpose of the 4-H winter wheat project is to help club members learn the best methods and practices of winter wheat production and marketing.

Introduced Forage Grasses For Nebraska, F. D. Keim, L. C. Newell

Nebraska Agricultural Experiment Station: Historical Circulars

This circular presents illustrations, descriptions and recommended usage of fourteen introduced cultivated grasses that are worthy of practical consideration in Nebraska. Most of them can easily be identified by comparing plant specimens with the illustrations and descriptions. This circular has been prepared for use by farmers, county agricultural agents, teachers and others who are interested in our most important grasses. Station Circular 59 contains information and illustrations of the more common native perennial grasses of Nebraska.

Birds Of Jasper National Park, Alberta, Canada, Ian Mctaggart Cowan

Other Publications in Wildlife Management

Jasper Park, with an area of approximately 4,200 square miles, is the largest accessible primeval wildlife sanctuary on this continent and as such its bird life is of the greatest interest. The meagre available records of earlier conditions indicate that noteworthy changes in the park's avifauna have taken place in the last 50 years. There can be little doubt that other changes will take place during the years to come. For this reason, then, if for no other, it seems desirable that as complete a record as possible of the current situation be made, for only against it can the …

Ec55-909 Cooking Of Fish, Ethel Diedrichsen

University of Nebraska-Lincoln Extension: Historical Materials

Fish is an excellent food. It compares favorably with meat and poultry in supplying high quality protein for building body tissues. Fish is rich in minerals especially phosphorus, calcium and iron. Fish from the sea are a rich source of iodine. Fish also contain thiamine, riboflavin and niacin. A serving of fat fish will supply some vitamin A and vitamin D.

This publication covers the selection and types, buying, storing, cleaning and dressing, skinning, filleting and cooking of fish. It contains basic recipes for fish.

Ec55-200 Diethylstilbestrol As A Feed For Slaughter Cattle, Paul Q. Guyer

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 55-200 discusses diethylstilbestrol as afeed for slaughter cattle.

Test 533: International Model W-400, Nebraska Tractor Test Lab

Nebraska Tractor Tests

This report and any related files are made available to the online through the Lester F. Larsen Tractor Test and Power Museum as resources allow. Established in 1998, this museum is located on the University of Nebraska-Lincoln East Campus. It is and appropriately housed within the walls of the historic 1920 Nebraska Tractor Test Laboratory, where the first tractor test was started on March 31st, 1920. Because the pioneer tests became worldwide standards, this location was designated as a Historic Landmark of Agricultural Engineering by the American Society of Agricultural Engineers in 1980, shortly after testing was moved to a …

Constitutional Law—Uniform Code Of Military Justice—General Article Void For Vagueness?, James W. Hewitt

Nebraska Law Review

Much has been said or written about the rights of servicemen under the new Uniform Code of Military Justice, which is the source of American written military law. Some of the major criticisms of military law have been that it is too harsh, too vague, and too careless of the right to due process of law. A large portion of this criticism has been leveled at Article 134, the general, catch-all article of the Code.

I. Standards in Civilian Criminal Laws

II. History of Military Law

III. Constitutional Source of Military Law

IV. History of the General Article

V. Article …

The Lawyer’S Responsibility And The Fifth Amendment, Loyd Wright

Nebraska Law Review

The paragraph which constitutes the fifth article of our Constitution’s Bill of Rights contains within its brief compass a surprising number of our most precious and most effective guaranties of individual freedom against the collective power of the federal government. But in the list of recent events a reference to the Fifth Amendment is not likely to call to mind the guaranty of indictment by a grand jury, the protection against double jeopardy, the prohibition against the taking of private property for public use without just compensation, or even the fundamental assurance that we shall not be deprived of life, …

Charitable Foundations And Their Benefits, Melvin S. Flechner

Nebraska Law Review

Sound tax planning does more than minimize taxes. It permits the saving of current income and the accumulation of capital, thereby conserving the fruits of labor for future use. Taxpayers in the higher brackets consider control more important than ownership. This control plus the ability to accumulate more dollars can be accomplished by the use of a foundation. A foundation is a non-profit institution established to accumulate and use funds for the purpose or purposes that the founder or founders deem worthy. Congress, after careful review of this type of organization, deemed it sufficiently valuable and important to the general …

Press Photographers And The Courtroom—Canon Thirty-Five And Freedom Of The Press, Herbert Brownell Jr.

Nebraska Law Review

At this stage in our enlightened history, no defense would seem to be necessary for securing the liberty of the press against those who would seek to impair or destroy it. We have learned from the experience of others that without a free, courageous, and vigilant press, our system of government cannot function. Fraud, corruption, and dishonesty in and out of government would flourish undetected. Injustice and indifference to the rights of the accused in the courts would thrive unchecked. Poverty, slums, and other evil conditions would go unnoticed and uncorrected. For these reasons, it has been said that next …

Ground Water In Nebraska, Lester Danielson

Nebraska Law Review

I. Importance of Ground Water in Nebraska

II. Definition of Ground Water

III. Rights Acquirable in Water

IV. Judicial Division of Ground Water into Percolating Water and Underground Streams … A. Common Law Rules as to Percolating Water … 1. English Rule … 2. American-Nebraska Rule … B. Common Law Rules as to Underground Streams

V. Nebraska Laws Do Not Expressly Pertain to Ground Water

VI. Possible Conflicts between Ground-Water and Surface-Water Users

VII. Possible Legislative Solutions of Ground Water Problems

Conclusion

Nebraska’S Statutory Rules Of The Road And The Uniform Vehicle Code: A General Appraisal, Lawrence L. Wilson

Nebraska Law Review

I. Purposes of the Analysis

II. The Uniform Vehicle Code in Other States

III. The Nebraska Statutes and the Uniform Vehicle Code … A. Sequence and Orderliness … B. Ambiguity and Incompleteness … C. Attempts to Change the Nebraska Statutes … D. Conflicting Provisions … E. Outdated Statutes … F. Lack of Subject Matter … G. Policy Differences

IV. Recommended Changes … A. Minor Changes for Clarity … B. Jurisdiction over Traffic Control Devices … (1) Cities of less than twenty-five thousand … (2) County roads … (3) State control over erection of traffic devices by local authorities … C. …