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Legal Regulation Of The Competitive Process—Cases, Materials, And Notes On Unfair Business Practices, Trademarks, Copyrights, And Patents—By Edmund W. Kitch And Harvey S. Perlman, Peter B. Maggs

Nebraska Law Review

Professors Edmund W. Kitch and Harvey S. Perlman have brought together in a single casebook materials and notes on subject matter usually taught in a variety of courses. The result is not, however, four small casebooks in one big package; rather it is a unified whole reflecting a definite philosophy of law and legal education. Stronger even than the casebook's practical connections between the different subject areas is the unifying thread of the opinions of Judge Learned Hand, to whom the book is dedicated. The authors have introduced a number of innovations in their selection of subject matter and arrangement …

Groundwater: From Windmills To Comprehensive Public Management, Richard S. Harnsberger, Jarret C. Oeltjen, Ralph J. Fischer

Nebraska Law Review

I. Preface

II. Introduction

III. The First Period—Territorial Days to 1920

IV. The Second Period—The Impetus for Change Emerges in the '20s, '30s, and '40s … A. Mechanization and Electrification … B. Drought and Depression … C. Profitability of Irrigation … D. Knowledge about Groundwater Sources … E. Adoption of a Legal Rule to Govern Conflicts between Adjoining Owners—Olson v. City of Wahoo … F. Legislative Response and Public Opinion

V. The Third Era—1950 to 1972 … A. Rapidity of Growth … B. Overview of Developments in Specific Areas … C. Declining Water Tables … D. Judicial Rules Governing …

National Institute Of Justice: Another Layer Of Federal Government, J. James Exon

Nebraska Law Review

In this article, Governor J. James Exon addresses himself to problems presented by the proposed National Institute of Justice. The National Institute of Justice, an idea developed by Bert H. Early, executive director of the American Bar Association, is designed to consolidate resources and energies toward modernization of the American legal system. The institute would be an independent, nonprofit, federally chartered corporation. Structurally, it would be governed by a board of undetermined size, the members appointed by the President with the advice and consent of the Senate. Functionally, the institute would gather and disseminate information, diagnose the principal bottlenecks in …

Table Of Contents, Vol. 52, No. 3

Nebraska Law Review

No abstract provided.

Nonpartisan Unicameral—Benefits, Defects Reexamined, William Riley

Nebraska Law Review

I. Introduction

II. Background … A. Early History … B. The New Experience

III. Current Debate

IV. Compilation and Analysis … A. Political Bases … B. Theories in Conflict … 1. Partisanship Arguments … a. Leadership and Organization … b. Narrowing the Issues … c. Fixing Responsibility … d. Preserve an Organized Opposition … e. Strengthen the Parties … f. Legislature Dead-End Politically … g. Separate Vote for Nonpartisanship … 2. Nonpartisanship Arguments … a. Little Distinction between the Parties … b. Avoid National Controversies … c. Small Population … d. Forty-Nine Senators in One House … 3. Conflicting Arguments …

Res Ipsa Loquitur: Pleading Acts Of Negligence: Nuclear Corp. Of America V. Lang, 338 F. Supp. 914 (D. Neb. 1972), Stephen C. Johnson

Nebraska Law Review

The doctrine of res ipsa loquitur has been a source of confusion to the courts since its inception in the famous case of Byrne v. Boadle, where a barrel of flour rolled out of a warehouse window and injured a passing pedestrian. From its birth to the present, the doctrine has been riddled with various nuances concerning both its application and effect. Despite a lack of uniformity among the courts with respect to its use, there has been general agreement that proper analysis of the doctrine presents two considerations. First, whether the particular facts and circumstances necessary to invoke …

Damages—Recovery For Child’S Wrongful Death: Selders V. Armentrout, 190 Neb. 275, 207 N.W.2d 686 (1973), Arthur R. Langvardt

Nebraska Law Review

The Nebraska Supreme Court in Selders v. Armentrout overturned approximately forty years of decisional law, governing the damages recoverable for the death of a minor child under Nebraska's wrongful death statutes. It seems safe to assume that in allowing an action for the death of a minor child, the legislature intended that there should be some recovery. The decision of the Nebraska Supreme Court in Selders is statutorily permissible. It is desirable as it will allow juries to fulfill the legislative intent without resort to legal fictions. Although allowing recovery for the lost society, comfort, and companionship of a minor …

Indexes To Volume 52

Nebraska Law Review

No abstract provided.

Negligence—Defense Of Unavoidable Accident: Moats V. Lienemann, 188 Neb. 452, 197 N.W.2d 372 (1972), James S. Mitchell

Nebraska Law Review

In Moats v. Lienemann, the Nebraska Supreme Court affirmed a district court jury's determination that the automobile collision out of which the plaintiff's negligence action arose was not an "unavoidable accident". An unavoidable accident "has been defined as an inevitable accident, an event or an occurrence which could not have been prevented by any human foresight or ordinary prudence, the result occurring without fault. " The purpose of this casenote is to examine the conflicting considerations that concern the trial court when a defendant attempts to employ the unavoidable accident defense. In numerous jurisdictions, there is an increasing reluctance …

Ritual Appraisement In White Singles’ Bars: From A Woman’S Perspective, Mary Jo Deegan

Department of Sociology: Faculty Publications

Singles bars provide a unique opportunity to observe sexual norms and mores in action. This set of expectations is particularly visible in these spots because they accentuate the mobility and "meat market" aspects of selection of dating partners. The meat market bargaining process is an important part of this ritual introduction, and it is a major organizing concept in the analysis.

Practice And Problems Under Nebraska’S New Divorce Laws, Roger C. Henderson

Nebraska Law Review

Change inevitably leaves in its wake a certain amount of disruption and uncertainty, and this certainly is no less true where entire statutory schemes are replaced with new codifications. Thus it is that lawyers and judges concerned with dissolution of marriages in Nebraska will experience some discomfort at being uprooted from the old and familiar in dealing with this area of family relations. Once the initial reaction has passed, however, it will be seen that the new law,1 effective July 6, 1972, for the most part changes only the law in the books and leaves the law in practice relatively …

Electron Transmission Spectroscopy In Atomic Hydrogen, L. Sanche, Paul Burrow

Paul Burrow Publications

An electron transmission experiment is used to study the resonances in the total scattering cross section of atomic hydrogen below the threshold of the first excited state. The three lowest resonances, designated ¹S, ³P, and ¹D, are observed and their energies and decay widths are found to be in good agreement with the values predicted theoretically using close coupling with correlation.

Epeirogenic And Climatic Controls Of Early Pleistocene Fluvial Sediment Dispersal In Nebraska, K. O. Stanley, William J. Wayne

Department of Earth and Atmospheric Sciences: Faculty Publications

The change from Pliocene to Pleistocene fluvial sedimentation in Nebraska is denoted by gravel with relative enrichment of mechanically weak rock species and a two-fold increase in largest clast size. These changes in fluvial sediments suggest modification in degradational energy affecting detritus apparently related to deterioration of climate in the early Pleistocene. Cooler Pleistocene climates with increased moisture resulted in greater discharge and carrying capacity for streams headed in the Rocky Mountains and flowing across Nebraska. These streams carried granitic detritus eastward toward the continental glacier margin in easternmost Nebraska. There, streams flowing off ice sheets carrying sedimentary and metamorphic …

Agricultural Experiment Station News December 1972

Agricultural Research Division: News and Annual Reports

CONTENTS:
FROM THE DIRECTOR'S OFFICE
ARS ORGANIZATION
PERSONNEL ACTIONS
GRANTS AND CONTRACTS
GENERAL NOTES
AGRICULTURAL EXPERIMENT STATION PUBLICATIONS – NOVEMBER 1972
ABSTRACTS
BULLETINS PRINTED

Whole Issue Nebraska Bird Review (December 1972) 40(4)

Nebraska Bird Review

TABLE OF CONTENTS

Notes on the Distribution of Some Summer Birds in Nebraska ...................70

1972 (Forty-seventh) Spring Migration and Occurrence Report ...................72

Perkins County 1971 Fall Occurrence Report ...................87

Book Reviews ...................87

1972 Fall Field Day ...................88

Notes ...................89

Index of Volume XXXX ...................90

The Prairie Naturalist Volume 4, Nos. 3 And 4. September–December 1972

The Prairie Naturalist

THE SANDHILL CRANE WITH EMPHASIS ON ASPECTS

RELATED TO NORTH DAKOTA ▪ Douglas H. Johnson and Robert E. Stewart

SIZE AND COLORATION CHARACTERISTICS OF NEOTENIC SALAMANDERS IN DEVILS LAKE, N. D. ▪ Douglas W. Larson

BIRDS' EGGS: AN AID TO NATURE APPRECIATION ▪ S. O. Kolstoe

BIRD MORTALITY AT FOUR TOWERS IN EASTERN NORTH DAKOTA — FALL 1972 ▪ Michael Avery and Tom Clement

POPULATION IRRUPTION OF THE LEAST WEASEL (Mustela nivalis) IN EAST CENTRAL NORTH DAKOTA ▪ John T. Lokemoen and Kenneth F. Higgins

Effect Of Coumarin And Related Compounds On Blister Beetle Feeding In Sweetclover, Herman J. Gorz, Francis A. Haskins, G. R. Manglitz

Department of Agronomy and Horticulture: Faculty Publications

The ashgray blister beetle, Epicauta fabricii (LeConte); the striped blister beetle, E. vittala (F.) ; and the margined blister beetle, E. pestifera Werner collected in the field from plants of sweetclover low in coumarin content, fed preferentially in the Iaboratory on low-coumarin leaves when offered a choice between leaves from highand low-coumarin plants. The black blister beetle, E. pennsylvanica (De Geer) , not known to feed 011 sweetclover foliage, also fed preferentially in the laboratory on leaves from low-coumarin plants, although the rate of feeding was much slower than for the other species. By using appropriate genotypes of sweetclover and …

Water Resources News, Volume 4, No. 10, December 1972

Water Current Newsletter

Spring Water Resources Seminar - 1973
Summer Institutes Announced at the University of Nebraska
Nebraska Federal Sewage Funds Cut
Future Cloud-Seeding Experiments
GAO vs EPA
World's First
Guidelines for Planning Projects Available
BUREC Report Notes Shift in Water Usage
Hall Appointed Acting Director of OWRR
Water Resources Council Releases "Summary/Analysis"
Waste Storage Underground
National Resource and Land Information Program Urged

An Analysis Of Democratic Voter-Leakage In Douglas County, Nebraska, William B. Huntington

Open Access Master's Theses (through 2010)

In Douglas County, Nebraska the Democratic Party controls a majority according to the registration rolls, and yet the County rarely appears in the Democratic column after all the ballots are counted.It is a majority party on paper only; the raw material for building electoral victory is present, but the finished product is seldomly realized.The natural question which comes to mind is: Where do the Democrats disappear to on election day?

This work is a case study dealing with Democratic voter-leakage; it has two objectives to fulfill: 1) the presentation of original research on Democratic voter-leakage in Douglas County, Nebraska; and …

Digenetic Trematodes Of The Chesapeake Bay, Robin M. Overstreet

Harold W. Manter Laboratory of Parasitology: Faculty Publications

It is safe to say that the taxonomy of Digenea from fishes and invertebrates from Chesapeake Bay is in need of considerable attention. First, the knowledge of what flukes are present is lacking, with the exception of a few scattered papers dealing with a limited number of species. A few such papers about adult Digenea from fishes are by Hopkins (1) and Anderson (2) and about larval forms from second intermediate hosts are by Stunkard and Uzmann (3), Dillon (4), and Perkins (5). A list of the Digenea from Chesapeake Bay compiled by D. E. Zwerner and A. R. Lawler …

Bats Of Jalisco, México, Larry C. Watkins, J. Knox Jones Jr., Hugh H. Genoways

University of Nebraska State Museum: Mammalogy Papers

The fauna and flora of the Mexican state of Jalisco have received the much deserved attention of a number of biologists in recent years. Nevertheless, few comprehensive accounts of the biota of this interesting and physiographically diverse area have been published. In the period from 1949 to 1969, field representatives of the Museum of Natural History at the University of Kansas collected vertebrates in Jalisco. Among the specimens obtained from the state, the mammalian fauna of which never has been treated as a unit previously, were approximately 3000 bats, which form the primary basis for this report. In addition to …

Observations On Chromosomes Of Dicrostonyx Torquatus Stevensoni Nelson And Chromosomal Diversity In Varying Lemmings = Untersuchungen An Den Chromosomen Von Dicrostonyx Torquatus Stevensoni Nelson Und Chromosomale Unterschiede Bei Halsbandlemmingen, Virginia R. Rausch, Robert L. Rausch

Harold W. Manter Laboratory of Parasitology: Faculty Publications

English abstract: The cytogenetic characteristics of the varying lemming, Dicrostonyx torquatus stevensoni, (2n = 34), were investigated, and diploid chromosomal numbers were reported for four other nominal subspecies (exsul, nelsoni, richardsoni, and rubricatus) of the torquatus-group in North America. The diploid complements ranged from 30 to 44 chromosomes, and the fundamental number from 50 to 55. Chromosomal polymorphism was observed in all forms. In cross-breeding experiments, the mating of F₁ progeny was not productive. The findings support the zoogeographic concept that populations of Dicrostonyx became fragmented or displaced southward during Würm time, with …

Stenoderma Rufum, Hugh H. Genoways, Robert J. Baker

University of Nebraska State Museum: Mammalogy Papers

Order Chiroptera, Family Phyllostomatidae, Subfamily Stenoderminae. The genus Stenoderma contains a single species, Stenoderma rufum, as treated below.

Simultaneous Selection For Milk And Beef Production Among Holstein-Friesians, L. L. Calo, R. E. Mcdowell, L. Dale Van Vleck, P. D. Miller

Department of Animal Science: Faculty Publications

A selection index combining milk and beef production traits, such that progress in aggregate economic value is maximized, was constructed for Holstein bulls. The index for milk was I_M = 1.11X₁ + .997X₂ while the index for beef trait was I_B = .008X₁ + .619X₂ where X₁ is the daughters' average lactation yield (kg) and X₂, bulls' body weight at 15 mo (kg).

The relative genetic progress from simultaneous selection for milk and beef traits with different emphasis was estimated. Expected genetic progress in beef production (body weight at 15 mo) …

Mammals From Southwestern North Dakota, Hugh H. Genoways, J. Knox Jones Jr.

University of Nebraska State Museum: Mammalogy Papers

The distribution of the mammals in the southwestern part of North Dakota and their ecological and taxonomic relationships have not been well documented. In addition to Vernon Bailey's (1927) survey of mammals of the state, based primarily upon field work conducted between 1912 and 1916, the only other principal studies dealing with the mammalian fauna of southwestern North Dakota were a preliminary report of the mammals of the state by Bailey et al. (1914) and the publication by J.A. Allen (1875) on mammals taken by the expedition that surveyed a route for the North Pacific Railway. Our studies, which were …

The Biology And Ecology Of The Bromegrass Seed Midge In Nebraska, E. L. Nieman, G. R. Manglitz

Nebraska Agricultural Experiment Station: Historical Research Bulletins

These studies indicate that smooth bromegrass, Bromus inermis Leyss, is the only host of the bromegrass seed midge, Stenodiplosis bromicola Marikovskiy and Agafonova, in Nebraska. The midge did not infest two common annual brome species under field conditions. The midge has been collected from all counties surveyed in Nebraska and seems to be widely distributed throughout the midwestern states. An apparently undescribed species of Tetrastichus (Hymenoptera: Eulophiclae) was observed to parasitize all stages of the bromegrass seed midge. Parasitism rates greater than 90% were observed. The parasite larvae do not kill the midge until damage to the bromegrass floret has …

Irradiation Equivalence, Robert Katz, S. C. Sharma, M. Homayoonfar

Robert Katz Publications

Recent analyses of track structure show that the parameters describing a radiation field are not separable from those describing a detecting system; that is, it is impossible to write an expression describing the effect of irradiation as a product of 2 factors, one of which contains only parameters describing the detecting system, while the other contains parameters describing only the radiation field. From this perspective it is difficult to understand the use of a “quality factor,” applicable to all biological substances and given as a function of the “effective LET,” for the conversion of rads to rems. One cannot define, …

Water Resources News, Volume 4, No. 9, November 1972

Water Current Newsletter

Conference Proceedings Available
Assistance Grants for Nebraska
Niobrara, Nebraska - Moving
Congress Heaps CEQ Report
Bureau Studies Saline Water
New Administrative Regions for USGS
Unfair Attacks on Pesticide Pollution
Numerical Designation of Bureau Regional Offices Obsolete
Water Pollution Control Measure Becomes Law
Gavins Point Dam
Water Dollars Down the Drain
Federal Pollution Laws
New Food Industry Uses Heated Water
War Between the Worlds
Waste Discharge Exceptions Banned
National Water Commission Report

Protein Synthesis During Fungal Spore Germination: Differential Protein Synthesis During Germination Of Botryodiplodia Theobromae Spores, James L. Van Etten, Henry Roker, Eric Davies

Department of Plant Pathology: Faculty Publications

The preformed messenger ribonucleic acid in Botryodiplodia theobromae spores directs the synthesis of several relatively stable polypeptides.

The Elusive Tree Quails Of Mexico, Paul A. Johnsgard

Paul Johnsgard Collection

The three species of tree quails or wood-partridges, genus Dendrortyx, of Mexico and Central America are all surprisingly large — weighing up to one pound in the case of the largest species — and have relatively long tails that result in an overall body length of from 9 to 16 inches. Their beaks are large and heavy, and are related to their abilities to tear apart and consume fruits, flower buds, and similar materials.

Three species of tree quails have been described, all of which occur in moist montane forests, especially the mist-shrouded cloud forests that occur at elevations …