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Property Damage Caused By Defective Products: Strict Tort Recovery: Hawkins Construction Co. V. Matthews Co., 190 Neb. 546, 209 N.W.2d 643 (1973), Steve Timm

Nebraska Law Review

The Nebraska Supreme Court in Kohler v. Ford Motor Co. held that a manufacturer was strictly liable in tort when an article he placed in the market had a defect causing an injury to a human being rightfully using that product. This very restrictive statement of the strict tort theory left open the question of whether in Nebraska the doctrine would be extended to allow recovery for damage to property. The Restatement (Second) of Torts section 402A explicitly provides that a plaintiff may recover in strict tort for physical harm to his property. Many cases from jurisdictions other than Nebraska …

The Trouble With Zahn: Progeny Of Snyder V. Harris Further Cripples Class Actions, Brian Mattis, James S. Mitchell

Nebraska Law Review

I. Introduction

II. Snyder and the Class Action … A. Development of Class Actions … B. Rule 23(b)(3) and Federal Questions … C. An Environmental Case Study … D. Class Actions in State Courts … E. "Jurisdictional Amount" vs. "Case or Controversy"

III. Ancillary Jurisdiction, Class Actions, and Joinder of Parties … A. Ancillary and Pendent Jurisdiction … B. Scope of Ancillary and Pendent Jurisdiction … C. Zahn in the Trial Court … D. Issues Raised on Interlocutory Appeal in Zahn … E. Zahn and Ancillary Jurisdiction … F. The Ben-Hur Doctrine—Does It Still Live?

IV. Conclusion

Barron's “Good Book” Examines Access Notion: Freedom Of The Press For Whom? The Right Of Access To Mass Media—By Jerome A. Barron, John R. Snowden

Nebraska Law Review

Freedom of the press has long been a paramount concern of the dynamic human. A free press may act as a catalyst to thought in the eternal synthesis of the real and the ideal. The free person, whether lawyer, artist, poet, or political philosopher has traditionally sought the freedoms of speech and press, and the Bill of Rights attempts in the first amendment to insulate discourse from the desires of those who would force a dichotomous choice on people seeking knowledge of the whole. The first amendment in its linear terms proposes to act as a shield, protecting expression not …

“Tippee” Liability Extended To Remote Third Parties: Schein V. Chasen, 478 F.2d 817 (2d Cir. 1973), Dennis A. Graham

Nebraska Law Review

Schein v. Chasen, utilizing common law principles, held that one who is given a "tip" by a corporate insider also acquires the insider's fiduciary duties to the corporation. As a result, the "tippee" must refrain from trading in the corporation's securities until the information is publicly disclosed. The purpose of the rule is to prevent the unfair use of information which is not available to the general public. The legal issues raised by Schein with respect to the obligations of persons other than corporate insiders who acquire nonpublic corporate information have important implications for the securities industry and the …

Debate On State Versus Federal Regulation Of Insurance Continues: American General Insurance Co. V. Ftc, 359 F. Supp. 887 (S.D. Tex. 1973), Richard C. Reier

Nebraska Law Review

For over a century, there has been a continuing controversy concerning state versus federal regulation of insurance. Since the passage of the McCarran-Ferguson Act, the primary responsibility for regulation has been with the states. However, the decision in American General Insurance Co. v. FTC once again raises the issue of federal regulation of certain areas of the insurance trade. In American General, the court held that the language of the McCarran Act limiting the application of the Clayton Act to those situations where the business of insurance is not regulated by state law did not deprive the Federal Trade …

Negotiability In Consumer Sales: The Need For Further Study, Robert J. Banta

Nebraska Law Review

I. Introduction

II. Legislative, Judicial Background … A. Judicial Response … B. Legislative Response … (1) Uniform Consumer Credit Code … (2) National Consumer Act

III. Effect of Legislation … A. Commentators Discuss Impact … B. The Yale Project … (1) The Financer … (2) The Dealer … (3) The Consumer

IV. Conclusion

Rationality Of Guest Statute Classifications Questioned: Brown V. Merlo, 8 Cal. 3d 855, 506 P.2d 212, 106 Cal. Rptr. 388 (1973), Timothy J. Mcdermott

Nebraska Law Review

I. Introduction

II. Protection of Hospitality Purpose … A. Social Guest on Land vs. Auto Guest … B. Auto Passengers vs. Auto Guests … C. Sub-Classes of Auto Guests

III. Prevention of Collusion Purpose … A. Auto Passengers vs. Auto Guests … B. Sub-Classes of Auto Guests

IV. Implications in Nebraska

V. Conclusion

Symposium On The Proposed Nebraska Rules Of Evidence: Editors' Introduction

Nebraska Law Review

The 1975 session of the Nebraska Unicameral probably will be asked to consider the Proposed Nebraska Rules of Evidence just as the United States Congress now is considering the Proposed Federal Rules of Evidence. Because the state proposal has great importance to almost every aspect of Nebraska law, this issue of the Nebraska Law Review is a symposium on the proposed Nebraska Rules.

Proposed Relevancy Rules Generally Restate Law, Lyle E. Strom

Nebraska Law Review

Logically, any code of evidence should start with general rules stating what evidence is admissible and what evidence is inadmissible, and then proceed to the special rules which may further circumscribe this general rule. This method of organization is followed by the Proposed Nebraska Rules of Evidence. The proposed Rules 401 and 402, with respect to the definition of relevancy and admissibility of relevant evidence, may appear very broad, but these rules merely restate present Nebraska law. Rule 403 reflects Nebraska law as stated in Meyer v. Moell, which held that the admission of collateral or cumulative evidence rested …

Nebraska Records Exception Said Preferable To Federal Proposal, M. J. Bruckner

Nebraska Law Review

I. Introduction

II. Present Nebraska Rule

III. Present Federal Business Records Statute

IV. Nebraska, Federal Proposals Examined

V. Hospital Records as Business Records

VI. Conclusion

Presumption Rules Try To Indicate If Fact Can, Should Be Inferred, John E. North

Nebraska Law Review

I. Nature of the Problem … A. Inferring Facts … B. Effects of Presumptions … (a) Rule of Law … (b) Discharging the Burden of Producing Evidence … (c) Shifting the Burden of Producing Evidence … (d) Allocating the Burden of Persuasion

II. Prior Codifications … A. The Model Code … B. The Uniform Rules

III. The Federal Rule … A. Presumptions in Criminal Cases … B. Presumptions in Civil Cases

IV. The Nebraska Rule … A. Civil Cases … B. Criminal Cases

Proposed Rule Broadens Scope Of Judicial Notice, David L. Hefflinger

Nebraska Law Review

I. Role of Judicial Notice

II. Problem Areas … A. Adjudicative and Legislative Facts … B. Disputable and Indisputable Facts … 1. Morgan’s Conclusive Theory … 2. Wigmore’s Challenge Theory … C. Civil and Criminal Cases

III. Prior Codifications … A. The Model Code … B. The Uniform Rules

IV. The Proposed Rules of Evidence … A. Scope of the Rule … B. Kinds of Facts … C. Procedural Matters … D. Effect of Judicial Notice

V. Conclusion

Table Of Contents, Vol. 53, No. 4

Nebraska Law Review

No abstract provided.

Benchbooks And Manuals Of Procedure: Practical Guides For Bench And Bar, Robert A. Wenke

Nebraska Law Review

I. Introduction

II. Definition, Formulation, and Availability

III. Benchbook and Manual of Procedure Specimens … A. Benchbook Specimens … B. Manual of Procedure Specimens

IV. Civil Benchbook

V. Conclusion

Exhibits A–I

Appendixes A–B

Swindler's Book Provides “Constitutional Roadmap”: Court And Constitution In The Twentieth Century: The Modern Interpretation—By William F. Swindler, Richard E. Shugrue

Nebraska Law Review

Executive impoundment of appropriated funds, the impeachment issue, the politics of the judiciary, and an acute awareness on the part of the bar that its every public action is being critically observed surely contribute to a mounting interest in constitutional law. For the lawyer, the very center of constitutional government is found in the vast body of case law crafted not only by the Supreme Court of the United States but also by every judicial body including municipal courts, which are called upon to rule on the myriad constitutional questions raised daily in their precincts. Nebraskans might, in light of …

In Search Of A Rational Sentence: A Return To The Concept Of Appellate Review, Robert J. Kutak, J. Michael Gottschalk

Nebraska Law Review

I. Introduction

II. Origin and Development of the Non-Review Doctrine … A. Appellate Jurisdiction: Early Judicial Construction … B. Supreme Court Precedents: Emerging Requirement of "Individualized" Sentences … C. Current Circuit Positions on "Individualized" Sentences … D. Abandonment of the Non-Review Doctrine

III. Sources for a Doctrine of Appellate Review of Sentencing … A. Existing Statutory Exceptions … B. Pending Legislation … C. Reexamination of Judicial Arguments against Review … 1. Does the Trial Judge Have an Advantage? … 2. Should the Trial Judge State His Reasons? … D. Other Non-Legislative Recommendations … E. Recent Congressional Hearings

IV. Conclusion and …

Judicial Review Of Cost-Benefit Analysis Under Nepa, David R. Buntain

Nebraska Law Review

I. Introduction

II. Cost-Benefit Analysis: An Overview … A. Economic Considerations … B. Political Considerations … C. Legal Considerations

III. NEPA’s [National Environmental Policy Act of 1969] Cost Benefit Requirement … A. The Statutory Requirements and Calvert Cliffs’ … B. The Decisions since Calvert Cliffs’ … C. NEPA Does Not Require Full Quantification … D. Standards for NEPA “Cost-Benefit Balancing” … 1. Procedural Standards … 2. Substantive Standards

IV. Judicial Review of Non-NEPA Cost-Benefit Analysis … A. The Conventional Wisdom … B. The Case for Judicial Review … C. The Water Resource Standards and Substantive Review

V. Conclusion

Indexes To Volume 53

Nebraska Law Review

No abstract provided.

Waiving The Implied Warranty Of Habitability In Residential Leases: Foisy V. Wyman, 83 Wash. 2d 22, 515 P.2d 160 (1973), Timothy J. Mcdermott

Nebraska Law Review

The common-law rule, still followed in the majority of jurisdictions, is that unless a lease involves the rental of a furnished dwelling for a very short duration, there is no implied warranty that the rented premises are habitable and generally fit for the tenant to live in. The rule has been expressly predicated on the familiar doctrine of caveat emptor and implicitly predicated on a number of agrarian leasehold assumptions. Commentators have vigorously attacked the rule and have urged its replacement by an implied warranty of habitability. Quite recently, a rapidly increasing number of jurisdictions have reexamined this much-disliked common-law …

Cross Sections For L2,3 Auger Emission In 22- To 300-Kev H+ + Ar Collisions, M. Eugene Rudd

M. Eugene Rudd Publications

Measurements of total and differential L_2,3 Auger cross sections for H⁺ + Ar collisions at 22 - 150 keV are presented. Additional values of these cross sections were calculated from data in earlier investigations by Volz and Rudd and by Crooks and Rudd up to 300 keV. Angular distributions are found to be isotropic. Over most of the energy range the total Auger cross sections are a factor of 2 smaller than predicted by Garcia's binary-encounter calculations.

The Effect Of Correlated Linguistic Dimensions On Speeded Classification Of Visually Presented Trigrams, John H. Flowers

Department of Psychology: Faculty Publications

The influence of two types of linguistic dimensions, word-nonword and consonant pronunciation, on classification speed of trigrams in card-sorting tasks of two levels of complexity was examined. In complex grouping tasks, which required the evaluation of more than one letter to classify each stimulus, sorting times were faster when the linguistic dimension was correlated with, rather than orthogonal to, the response categories. For tasks in which each stimulus could be classified on the basis of a single letter, no effect of the correlated vs orthogonal linguistic dimension was observed, even when performance was degraded by visual noise. These results provide …

Breeding Waterfowl Populations In The Prairie Pothole Region Of North Dakota, Robert E. Stewart, Harold A. Kantrud

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

The pothole areas within the glaciated, northern prairies and adjoining parklands of south-central Canada and north-central United States are the principal breeding grounds for many species of North American ducks. Millions of pairs, including dabbling ducks (Anatinae) and diving ducks (Aythyinae and Oxyurinae), resort here for nesting each year. These populations are characterized by instability. In response to the variable climatic conditions of this region and their effect on wetland habitats, the numbers of breeding pairs often fluctuate greatly from year to year. In addition, regional populations are influenced by man. Factors that are especially important in this regard include …

Advantages In Mathematically Weighting Waterfowl Food Habits Data, George A. Swanson, Gary L. Krapu, James C. Bartonek, Jerome R. Serie, Douglas H. Johnson

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

The relative importance of various foods occurring in the diet of blue-winged teal (Anas discors), pintail (A. acuta), and gadwall (A. strepera) breeding in south-central North Dakota and lesser scaup (Aythya affinis) breeding in the vicinity of Great Slave Lake, Northwest Territories, are com- pared by the aggregate volume and aggregate percent methods. Advantages of the aggregate percent method are discussed in relation to the information presented.

Estimating Survival Rates From Banding Of Adult And Juvenile Birds, Douglas H. Johnson

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

The restrictive assumptions required by most available methods for estimating survival prob- abilities render them unsuitable for analyzing real banding data. A model is proposed which allows survival rates and recovery rates to vary with the calendar year, and also allows juveniles to have rates different from adults. In addition to survival rates and recovery rates, the differential vulnerability factors of juveniles relative to adults are estimated. Minimum values of the variances of the estimators are also given. The new procedure is applied to sets of duck and goose data in which reasonably large numbers of adult and juvenile birds …

Developmental Changes In Spermatogenesis, Testicular Carnitine Acetyltransferase Activity And Serum Testosterone In The Ram, B. D. Schanbacher, W. R. Gomes, N. L. Vandemark

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

Total of 73 crossbred rams was used to determine spermatogenic and steroidogenic changes in the testis of the growing animal. Testicular weight increased slowly until 80 days of age, then increased tenfold during the following 3 months. Spermatogenesis began in rams at 60 to 70 days of age and was qualitatively complete by 120 days. Although testicular levels of the enzyme carnitine acetyltransferase (CAT) increased in growing rams, CAT did not appear to be uniquely associated with any particular cell type. Therefore, this enzyme was judged to be unsatisfactory as a cell "marker" in studying spermatogenesis in this species. Serum …

Canis Lupus., L. David Mech

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

Order Carnivora, Family Canidae. The genus Canis includes eight species. Approxi- mately 24 New World and eight Old World subspecies of C. lupus are recognized, the number depending on authorities accepted. For summary, see Mech (1970); for full synonymy, see Pocock (1935), Goldman (1944), Ellerman and Morrison- Scott (1951), Novikov (1956), and Hall and Kelson (1959).

Measurable Choice And The Invariant Subspace Problem, Edward A. Azoff, Frank Gilfeather

Department of Mathematics: Faculty Publications

In [1], J. Dyer, A. Pedersen and P. Porcelli announced that an affirmative answer to the invariant subspace problem would imply that every reductive operator is normal. Their argument, outlined in [1], provides a striking application of direct integral theory. Moreover, this method leads to a general decomposition theory for reductive algebras which in turn illuminates the close relationship between the transitive and reductive algebra problems.

Guidebook To The 1974 Spring Field Trip Of The Nebraska Geological Society, G.R. Svoboda

Conservation and Survey Division: Faculty and Staff Publications

No abstract provided.

Inventory Of Mining Operations In Nebraska, R. R. Burchett, Duane A. Eversoll

Conservation and Survey Division: Faculty and Staff Publications

No abstract provided.

Predicted Water-Level Declines For Alternative Groundwater Developments In The Upper Big Blue River Basin, Nebraska, P. W. Huntoon

Conservation and Survey Division: Faculty and Staff Publications

No abstract provided.