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Isolation And Identification Of Mycoplasma Agalactiae Subsp. Bovis From Arthritic Cattle In Iowa And Nebraska, O. H. V. Stalheim, S. S. Stone

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

Two strains of Mycoplasma were isolated from synovial fluids of arthritic feeder cattle and were identified as Mycoplasma agalactiae subsp. bovis by growth inhibition and fluorescent antibody tests. The strains (Iowa 1136 and Nebraska 2) could not be distinguished from known strains (Donetta and California 01) by immunoelectrophoresis or by agar gel precipitation.

Tax Primer For Practitioners: Senate Report 93-768, David A. Ludtke

Nebraska Law Review

Few practicing attorneys have the time or inclination to read a new book on federal income taxation. The Staff Report of the Joint Committee on Internal Revenue Taxation, on its examination of former President Nixon's tax returns for the years 1969 through 1972, is a uniquely stimulating publication on federal income taxation. In addition to providing a lurid exposé of the former President's personal financial affairs, it is a supremely serious and thorough essay on several frequently recurring tax problems and an excellent refresher course for the practitioner in several basic tax concepts. In the final analysis, it is also …

Second Impact Liability In Nebraska: Friedrich V. Anderson, 191 Neb. 724, 217 N.W.2d 831 (1974), Paul M. Schudel

Nebraska Law Review

Friedrich v. Anderson represents Nebraska's entry into the continuing national battle for supremacy between the conflicting doctrines of automobile crashworthiness represented by Evans v. General Motors Corp. and Larsen v. General Motors Corp. In Friedrich, the court clearly decided that an automobile's collision with other objects during its intended use is a reasonably foreseeable occurrence and therefore the auto manufacturer has a duty to design its product to protect users from an unreasonable risk of harm. This Note first examines the Nebraska Supreme Court's pronouncement of automobile crashworthiness law and then analyzes the possible effect of Friedrich on Nebraska's doctrine …

Complaint Resolution In Nebraska: Citizens, Bureaucrats, And The Ombudsman, Alan J. Wyner

Nebraska Law Review

I. Introduction

II. The Politics of Adoption and Appointment … A. Clearing the Legislative Hurdles … B. Appointing the First Ombudsman … C. Legislators as Complaint Handlers

III. Powers and Procedure of the Nebraska Ombudsman … A. Statutory Authority … B. Operation Procedures of the Ombudsman Office … 1. Staff … 2. Office Routine … 3. Publicity for the Office

IV. Analysis of the Ombudsman’s Caseload … A. Number and Type of Cases … 1. Case Categories … 2. Types of Complaints … 3. Official Misconduct … B. Elapsed Time from Start to Finish … C. Referrals from Legislators … …

Nebraska's Corroboration Rule, Alan G. Gless

Nebraska Law Review

This Comment attempts to analyze and justify the Nebraska Supreme Court's retention of the corroboration rule in cases of rape and assault with intent to commit rape. The analysis is based on two broad principles. First, the state's burden of proof in all criminal cases is proof beyond a reasonable doubt. Second, because legal doctrines "derive meaning and content from the circumstances that gave rise to them and from the purposes they were designed to serve," we should not be anxious to change an established legal doctrine, unless experience has shown that the pertinent causative circumstances no longer prevail or …

Executive Military Power: A Path To American Dictatorship, Michael T. Foster

Nebraska Law Review

I. Introduction

II. The Accumulation of Power … A. Constitutional and Legislative Foundations … 1. Constitutional Provisions … a. Constitutional Language … b. Constitutional Intent and Common Law History … 2. Legislation … a. Chapter Fifteen … b. The Army National Guard Act … c. The Posse Comitatus Act … 3. Conclusion … B. Executive Policy … 1. Executive Interpretation of Delegated Authority … a. Executive Interpretation of the Constitution … b. Executive Interpretation of Statutory Authority … 2. Contingent Military Operations … 3. The Effect of Military Control … C. Judicial Construction … 1. The Power to Declare Exigencies …

Table Of Contents, Vol. 54, No. 2

Nebraska Law Review

No abstract provided.

Terminated Tax Years: Coherent Relief For The Taxpayer: Willits V. Richardson, 497 F.2d 240 (5th Cir. 1974), Terry K. Barber

Nebraska Law Review

Section 6851 of the Internal Revenue Code of 1954 allows the Internal Revenue Service to close a taxpayer's reporting period prematurely when the collection of the income taxes would be jeopardized by delay. The ramifications of section 6851 are potentially devastating to a taxpayer. The history of the procedure, especially in the recent past, raises serious questions about the amount of men, money, and cooperation which has been involved in the Service's use of the procedure. The district court's decision, which was based on the Supreme Court's decision in Enochs v. Williams Packing & Navigation Co., is discussed in …

The Farm Corporation As An Estate Planning Device, Donald H. Kelley

Nebraska Law Review

The farmer and rancher in the United States have departed from the era when the fruits of agricultural enterprise were primarily the product of one's hands, and have entered an era of declining labor input and continually expanding employment of capital. In the present economic and tax atmosphere, incorporation of the family agricultural unit is an increasingly popular method of accommodating both death taxes and family inheritance. The purpose of this article is limited to an examination of the ways in which incorporation may help achieve the basic objectives of the estate-planning process, which may be summarized as follows: (1.) …

Referendum: The Appropriations Exception In Nebraska: Lawrence V. Beermann, 192 Neb. 507, 222 N.W.2d 809 (1974), Lauren J. Caster

Nebraska Law Review

The referendum process has been defined as “the submission of laws . . . to the voting citizens for their ratification or rejection, ” these laws first having been passed upon by the people's representatives. The Nebraska Constitution excludes only one type of statute from submission to the referendum process: “those making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act” (Nebraska Constitution, Article III, section 3). Recent passage and submission to the referendum process of Legislative Bill 772, which established and funded a system of increased …

Substantive Due Process In Nebraska: Gillette Dairy, Inc. V. Nebraska Dairy Products Board, 192 Neb. 89, 219 N.W.2d 214 (1974), Randall C. Hanson

Nebraska Law Review

In Gillette Dairy, Inc. v. Nebraska Dairy Products Board the constitutionality of setting minimum prices for dairy products in Nebraska was challenged. The plaintiff, a dairy located in northeastern Nebraska, contended the Dairy Industry Trade Products Act violated the Nebraska Constitution because (1) it deprived the dairy of liberty and property without due process of law; and (2) it was an illegal delegation of legislative powers. The purpose of the act was to prevent unfair trade practices which were believed to be forcing dairies out of business. If left uncontrolled it was thought that price cutting would jeopardize the public …

Book Review: Securities Regulation: Materials For A Basic Course By David L. Ratnert, Thomas L. Hazen

Nebraska Law Review

In response to the restrictions and practices established under federal and state securities legislation—such as the registration and disclosure requirements of the Securities Act of 1933, applicable state "blue sky" laws, and the ever-increasing scope of the federal anti-fraud provisions of the Exchange Act, as well as the attorney's role in advising corporate and other business clients and preparation of materials for the Securities and Exchange Commission (with concomitant chance that investors may well expose him or her to potential liability for any inaccuracies or other improprieties)—institutions of legal education have adjusted their curricula by offering a choice of upper-level …

The Institutional-Legal Face Of The Environmental Coin, Marshall Harris

Nebraska Law Review

The central thesis of this article is that present concern about the environment should involve institutional-legal aspects (the socio-eco-political side) as well as biological and physical features (the bio-physical side) of our environmental coin. A corollary thesis is that maladjusted socio-eco-political relations are among the chief causes of the present and prospective deterioration of our environment's bio-physical attributes. The focus of this short article is on a particular and familiar sector—the agricultural complex. Major emphasis is placed on the farm aspect with frequent reference to agribusiness.

I. Introduction

II. Fee Simple Absolute Ownership

III. The Sole Proprietorship

IV. Farm Settlement …

A Holistic Jurisprudential View Of The Drug Victim, John R. Snowden

Nebraska Law Review

This article suggests that a reorganization of thoughts is in order as an approach to the recalcitrant dope experience and its victimization of core concepts of American law. It is the function of those concepts to support a reasoned defense of freedom in the face of fear.

I. Introduction

II. The Perspective

III. The Cases: The Infection … A. Proof of Illegal Possession … B. Probable Cause … C. Speedy Trial … D. Sentencing … E. Forfeiture of Vehicles … F. Prosecutorial Misconduct … G. Drugs and Legal Order

IV. How Did It Happen Here?

Appendix (an annotated bibliography of …

Rural Zoning In Nebraska, Robert Coupland

Nebraska Law Review

I. Introduction

II. Statutory Structure for Zoning … A. The Planning Commission … B. The Comprehensive Development Plan … C. The Zoning Ordinance

III. Sources of Flexibility … A. Administration … B. Special Exceptions and Variances … C. Judicial Review … D. Nonconforming Uses

IV. Conclusion

Formalizing The Farm Partnership, C. Allen Bock

Nebraska Law Review

I. Introduction

II. Why Formalize the Partnership Agreement?

III. The Partnership Agreement: A Suggested Format … A. Preliminary Considerations … B. Capital Contributions … 1. What Property Should be Transferred to the Partnership? … a. Non-tax Considerations … b. Tax Considerations … 2. Formalizing the Existing Partnership-Property Ownership … a. Real Property … b. Personal Property … 3. Tax Savings … a. "Capital Interest in a Partnership" … b. "Material Income Producing Factor" … c. Other Considerations … d. General Suggestions … C. Operation … 1. Management … 2. Partners' Powers and Limitations … 3. Distribution of Profits and Losses …

Table Of Contents, Vol. 54, No. 3

Nebraska Law Review

No abstract provided.

The Farm Corporation From An Income Tax Viewpoint: Friend Or Foe?, C. William Eastwood

Nebraska Law Review

I. Introduction

II. Incorporation … A. Initial Transfer of Assets … B. Establishment of a Section 1244 Plan … C. Selection of Assets and Liabilities for Transfer and Allocation of Income and Expenses … D. Use of Multiple Entities

III. Operation … A. General Considerations … B. Subchapter S Taxation … C. Corporate Tax Elections … D. Fringe Benefits … 1. Individual Qualified Deferred Compensation Plans … 2. Corporate Qualified Deferred Compensation Plans

IV. Sale, Liquidation, and Redemption … A. Sale of Stock … B. Purchase of Stock and Subsequent Distribution … C. Liquidation and Distribution … 1. Section 331 …

The Process Due Prisoners: Wolff V. Mcdonnell, 418 U.S. 539 (1974), Rae Schupack

Nebraska Law Review

I. Introduction

II. Lower Court Decisions

III. The Supreme Court Decision

IV. Trends in Due Process

V. Unresolved Issues … A. Self-Incrimination … B. Double Jeopardy … C. Remedies Available for Procedural Violations

VI. Conclusion

A New Rule On Obtaining Membership Information: Eastland V. United States Servicemen's Fund, 421 U.S. 491 (1975), Jill Beckoff Nagy

Nebraska Law Review

In Eastland v. United States Servicemen's Fund, the United States Supreme Court held that an organization may not enjoin the issuance of a subpoena served on a third party demanding records of the plaintiff organization which are equivalent to membership lists. Thus, the Court took a large step toward repudiating the holding of NAACP v. Alabama that membership lists of controversial but legitimate organizations are protected from the hooks of legislative fishing expeditions and "investigations" which harass more than they inform. The case dealt not with membership lists but with equally important information about contributions. However, the Court's majority …

Arbitration Of Professional Athletes' Contracts: An Effective System Of Dispute Resolution In Professional Sports, James B. Gessford

Nebraska Law Review

In recent years, there has been a substantial increase in the number of legal disputes in the professional sports industry. For the first time, the fan is being exposed to a hidden side of American sports—the dealings between the professional athlete and his employer. There are several reasons for this phenomenon: the great amounts of money involved, the athlete's increased awareness of his legal rights, attempts by unions to organize players and then negotiate with owners, and the public exposure which the media has given this problem in recent years. While the reasons are many and complex, the result is …

Contribution Among Negligent Tortfeasors: The New Rule And Beyond: Royal Indemnity Co. V. Aetna Casualty & Surety Co., 193 Neb. 752, 229 N.W.2d 183 (1975), Sam R. Brower

Nebraska Law Review

In Royal Indemnity Co. v. Aetna Casualty & Surety Co., the Nebraska Supreme Court was presented with an opportunity to determine whether there exists in Nebraska a right of equitable contribution between negligent judgment debtors after one such tortfeasor has discharged either the entire judgment or an amount exceeding his share of such liability. While Royal Indemnity represented only the third instance in the last half century in which this issue was addressed by the Nebraska Supreme Court, this modicum of Nebraska decisional law had, until this decision, been interpreted as prohibiting contribution among joint tortfeasors. Unlike a majority …

Due Process Of Lawmaking, Hans A. Linde

Nebraska Law Review

I. Introduction

II. “Rationality” in Judicial Review … Detour: The Equal Protection Clause … The Functions of Constitutional Norms … “Means-Ends” Review … The Role of Counsel … Lawmaking and Change … Summary

III. “Rationality” and the Legislative Process … Lawmaking and Administration … Candor and Hypocrisy

IV. Legitimacy and Due Procedure … “Process” and Process … The Problem of Relief

V. Conclusion

"Random" Spot Checks And The Fourth Amendment: State V. Holmberg, 194 Neb. 337, 231 N.W.2d 672 (1975), Stewart Walker

Nebraska Law Review

State v. Holmberg raised the question of whether "spot checks" of motor vehicles, when based upon neither the "probable cause" required for arrest nor the "reasonable suspicion" sufficient for an investigative seizure, are constitutional under the fourth amendment. The case is the first to consider the constitutionality of such stops in light of United States v. Brignoni-Ponce, in which the Supreme Court condemned similar stops by United States Border Patrol officers. The court's failure to consider the reasoning of Brignoni-Ponce leaves the Holmberg opinion extremely unsatisfying.

The Relationship Of Economy To Community, Kathy Long Holland

Nebraska Anthropologist

The value system of a society defines and grades the ends actors seek. The ends sought in the economic sphere must be consonant with, or complementary to, goals in other spheres. Economic activity derives its meaning from the norms of the society, and people engage in economic activity for rewards often extrinsic to the economy itself. In any community (society) the norms and values used to define a resource, a commodity, control over certain goods and services, the distributive process, and standards of economic behavior are norms governing most social interaction. The economy is not so structurally differentiated that one …

Book Review: The Dynamics Of Stylistic Change In Arikara Ceramics By James Deetz., Craig Johnson

Nebraska Anthropologist

In his conclusion, Deetz attempts. to, establish a link between the changes in residence and ceramic patterning in a more systematic way. He points out that, there can be three possible relationships between the two. First, there is no relationship between changes in social organization and ceramics. This denies the relationship between social structure and ceramic design in general. If true, other examples of this articulation would not be found in archaeological contexts. But there are two cases which Deetz cites to refute this hypothesis. One is the similarity of his Lower Loup sample and component C pottery at Medicine …

Socialization Of Children, Linda Davis

Nebraska Anthropologist

The children of a culture represent its greatest asset and responsibility. They insure the survival of a culture if its members can accomplish the formidable task of socialization. Americans are acutely aware of this responsibility. This concern is reflected in the tremendous amount of literature about children. For this reason, I used a familiar type of American literature, the comic strip, for an analysis of socialization in the United States. I chose to study "Dennis the Menace" and "Peanuts" because they deal specifically with children from a white, middle class neighborhood.

Socialization, as defined by Hartley and Hartley (In HSU …

The Joking Relationship In An Urban Voluntary Association, Cristy Stevens

Nebraska Anthropologist

The Miainstreet club is a small voluntary association located in a small Midwestern city. It is a formally-chartered corporation and part of a large international federation of clubs designed to provide economic and social services to the communities in which they are located. It is characterized by membership criteria and a stated purpose of service to community. The Mainstreet club presently lists twenty-four active members, a small size in comparison with other similar service clubs in the city where it is located. In the course of my research, I became aware of a rather formalized pattern of joking and banter …

Opportunities For Museum Research In Anthropology: Are They Really Dead Or Were They Only Sleeping?, Arthur H. Wolf

Nebraska Anthropologist

The decline of anthropological research in museums has been in part attributed to the changing goals of anthropology and the increase in the numbers of university anthropology departments. In recent years many suggestions for increasing museum research potentials have been put forward by Anthropologists interested in its resurgence. An increasing cooperation between museums and university departments is seen as a necessary condition for this resurgence and could lead to more programs which include and train museum anthropologists.

Disease Resistance In Beans, W.J. Zaumeyer, J.P. Meiners

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

The inefficacy and cost of many of the chemical bean-disease control measures and the susceptibility of many of the important snap and dry bean (Phaseolus vulgaris L.) cultivars to damaging diseases stimulated interest in the United States in the development of resistant bean cultivars through breeding. Early epidemics of bean diseases in certain sections of the country and the later discovery of physiological races or strains of many of the causal organisms proved the hopelessness of growing susceptible bean cultivars. None of the American bean cultivars used commercially before 1918 was disease resistant.

The first disease-resistant cultivar, Robust, was developed …