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The Depositary Bank As A Holder In Due Course, Kevin P. Colleran

Nebraska Law Review

The difference in the status of a holder in due course and one not a holder in due course is clearly pointed out by the Uniform Commercial Code. Section 3-302(1) of the Code states the requirements for holding in due course and apparently one need only make a determination as to whether a particular holder has taken an instrument for value, in good faith and without notice of certain factual situations. The determination is not simple, however, and this article will attempt to deal with only one facet of holding in due course; that is, when a depositary bank is …

Admission To Bar—Civil Disobedience Not Sufficient Grounds For Finding Lack Of Good Moral Character—Hallinan V. Committee Of Bar Examiners Of State Bar, 65 Cal. 2d 447, 421 P.2d 76, 55 Cal. Rptr. 228 (1966), William B. Fenton

Nebraska Law Review

Deliberate acts of violence in purported support of a social cause doubtlessly will not be tolerated by bar committees and reviewing courts from a present or prospective member of the bar. But the credentials of a lawyer need not necessarily be denied to one who sincerely and peaceably participates in an act of civil disobedience after it becomes apparent that normal methods of petitioning for improvement through established private or government channels have proved useless.

I. Traditional Reasons for Finding Absence of Good Moral Character

II. Personal Beliefs as Evincing Lack of Good Moral Character … A. Denial of Admittance …

Case Digests

Nebraska Law Review

Physicians and Surgeons: Liability for Unsuccessful Sterilization Operation: Custodio v. Bauer, 59 Cal. Rptr. 463 (Ct. App. 1967)

Federal Estate Taxes: Retained Interest under Section 2036: Estate of Binkley v. United States, 358 F.2d 639 (3d Cir. 1966) … Union Planters National Bank v. United States, 361 F.2d 662 (6th Cir. 1966) ... Estate of Gutchess v. Commissioner, 46 T.C. 554 (1966)

Torts: Assumption of Risk: Makovicka v. Lukes, 182 Neb. 168, 153 N.W.2d 733 (1967)

Uniform Commercial Code: Hospitals Are Now Selling Blood: Jackson v. Muhlenberg Hospital, 96 N.J. Super. 314, 232 A.2d …

Table Of Contents, Vol. 47, No. 2

Nebraska Law Review

No abstract provided.

Arbitrary Administrative Decisions: The Need For Clearer Congressional And Administrative Policies, Edward V. Long

Nebraska Law Review

There are basically three types of arbitrary decisions. One type is a decision characterized by the lack of any determining principle. The second type is characterized not so much by the lack of a determining principle as by the broad or generalized nature of the principles which do exist. The third type of arbitrary decisions results from factors which are extrinsic to but inextricably intertwined with and having a great influence on the decision which is rendered. It is much easier to find workable solutions to the first and third category of cases than it is for the second category. …

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 …

In Re Gault And The Persisting Questions Of Procedural Due Process And Legal Ethics In Juvenile Courts, H. Bruce Hamilton

Nebraska Law Review

I. Introduction

II. Procedural Due Process … A. Partially Answered Questions … (1) Counsel … (2) Waiver … B. Unanswered Questions … (1) Arrest and Screening … (2) Grand Jury Indictment … (3) Bail … (4) Trial by Jury … (5) Speedy and Public Trial … (6) Hearsay Evidence … (7) Illegally Obtained Evidence … (8) Standard of Proof … (9) Mens Rea … (10) Transcripts and Records … (11) Double Jeopardy … (12) Cruel and Unusual Punishment … (13) Right to Appeal … (14) Retroactivity

III. Legal Ethics … A. Duty to Whom? … B. What Duty?

IV. Conclusion

Rights Of An Injured Party Upon Continuing Performance Subsequent To A Breach Of The Contract, Samuel P. Baird

Nebraska Law Review

In Western Transmission Corp. v. Colorado Mainline, Inc., A. J. Curtis & Company entered into a contract to construct a pipeline for Western Transmission Company. When the pipe reached the worksite, Colorado Mainline discovered it was not the size or quality specified in the contract, so additional expense in the construction would result. At the time of such a breach, the injured party may choose one of several courses of action. He may (1) terminate the contract, (2) rescind it and bring an action for damages, or (3) waive the breach by either promising to continue performance or by …

Editors’ Page

Nebraska Law Review

No abstract provided.

Approaching Strict Liability Of Insurer For Refusing To Settle Within Policy Limits, Gilbert G. Lundstrom

Nebraska Law Review

Conflicting interests must be served whenever insurance settlements are negotiated. A direct conflict arises when an insurance company has an opportunity to settle a claim against the insured within the policy limits, the company declines the offer, and subsequently a judgment is rendered in excess of the policy coverage. The insured seeks redress against the company for that portion of the judgment exceeding the actual coverage on the theory that his liability would have been totally extinguished had the insurance company accepted the offer to settle. On the other hand, the insurer will argue that by litigating, the company seeks …

The Warren Court And Congress: A Civil Rights Partnership, Clarence Mitchell

Nebraska Law Review

December 9 and 10, 1952, were the beginning days of the school desegregation arguments in the United States Supreme Court. When the decision was handed down on May 17, 1954, it had a profound effect on the lives of millions—caused by the words of the opinion read by a new Chief Justice. The Honorable Earl Warren, who had been confirmed by the United States Senate on March 1, 1954, speaking for a unanimous court, said that "in the field of public education the doctrine of 'separate but equal' has no place." The significance of the words of the opinion is …

Weight Gain And Carcass Measurements Of Pigs From Gilts Fed Adequate Vs. Protein-Free Diets During Gestation, W. G. Pond, J. A. Dunn, G. H. Wellington, J. R. Stouffer, L. Dale Van Vleck

Department of Animal Science: Faculty Publications

Fifty-two weanling pigs from six litters(Pond et al., 1968) were fed a standard 18% protein corn-soybean meal diet from weaning to slaughter. The six litters were from gilts paired on the basis of parturition date so that one gilt fed the control diet and one fed the “protein-free” diet (0.5% protein) from week 4 of pregnancy to parturition made tip each pair. Each dam was fed the control diet throughout lactation and nursed one-half of her own litter and one-half of a pairmate’s litter resulting from reciprocal transfer of one-half of each litter at birth. Individual bodyweight gains and feed …

Relationships Among The Parameters Of Milk Production, Constituent Production, And Constituent Percentage, J. W. Wilton, L. Dale Van Vleck

Department of Animal Science: Faculty Publications

A method of finding the parameters pertaining to one of the variables of milk production, constituent production, and constituent percentage when the parameters pertaining to the two other variables are known is presented. The method is based on the expectation of products of random variables. This method and the delta approximation method are compared to sampling estimates from simulated data.

Business In Nebraska, January 1968

Bureau of Business Research Publications

Business in Nebraska, January 1968

Business In Nebraska, February 1968

Bureau of Business Research Publications

Business in Nebraska, February 1968

Business In Nebraska, March 1968

Bureau of Business Research Publications

Business in Nebraska, March 1968

Business In Nebraska, April 1968

Bureau of Business Research Publications

Business in Nebraska, April 1968

Business In Nebraska, May 1968

Bureau of Business Research Publications

Business in Nebraska, May 1968

Business In Nebraska, June 1968

Bureau of Business Research Publications

Business in Nebraska, June 1968

Business In Nebraska, July 1968

Bureau of Business Research Publications

Business in Nebraska, July 1968

Business In Nebraska, August 1968

Bureau of Business Research Publications

Business in Nebraska, August 1968

Business In Nebraska, September 1968

Bureau of Business Research Publications

Business in Nebraska, September 1968

Business In Nebraska, November 1968

Bureau of Business Research Publications

Business in Nebraska, November 1968

Business In Nebraska, February 1968

Business in Nebraska

Business in Nebraska, February 1968

Business In Nebraska, October 1968

Business in Nebraska

Business in Nebraska, October 1968

Business In Nebraska #286, July 1968, Dorothy Switzer, E. L. Burgess, Everett E. Peterson, Glen Vollmar

Business in Nebraska

Implications of the Growth of Corporate Farming (Dorothy Switzer)

Economic studies of farm size have shown that, as farm size increases, average costs either decrease, remain about the same, or increase slightly for very large farms- but still remain below average returns. If this were always so, large farms would be the most profitable, and it might be expected that the size distribution of farms would rapidly shift in this direction. But, as Wilcox reported to the Subcommittee on Antitrust and Monopoly, farm size has been increasing almost uniformly for all size categories. Of all farms, the largest 10 percent …

Business In Nebraska #287, August 1968, Edward L. Hauswald, E. L. Burgess

Business in Nebraska

Inflation: Its Measurement and Some Developments (E. L. Hauswald)

"Inflation is a term which has been, and continues to be, subject to a variety of interpretations" Regardless of the interpretation and despite the likelihood of being lulled into apathy by constant references to it, mere mention of inflation still evokes marked reactions. Given, for example, a rise in the level of prices and a reluctance to alter consumption patterns, individual and group activities occur at the private and public levels, reflecting attempts to increase the real income and hence restore real consumption patterns.

Business Summary (E. L. Burgess)

The Nebraska …

Business In Nebraska #290, November 1968, Dorothy Switzer, R. L. Busboom

Business in Nebraska

Role of Homegrown Industries in the Nebraska Economy (Dorothy Switzer)

Because the exodus from farm to city is continuing in Nebraska, it is necessary that industrial development to accelerated to provide employment for displaced agricultural workers who will have to migrate to other states unless suitable work can be provided for them here. From time to time Business in Nebraska has called attention to the state's homegrown industries that provide employment opportunities for significant numbers of workers. These articles have invariably elicited much interest and evoked requests for other success stories about innovative Nebraska enterprises.

Business Summary (R. L. Busboom) …

Prairie Plants And Their Environment, J. E. Weaver

Papers of John E. Weaver (1884–1956)

When, in 1916, the writer came to the University of Nebraska as a young instructor, he came with a background that well fitted him for studies in the field. His research in the grassland and adjoining forests of southeastern Washington and adjacent Idaho had been completed and a fine acquaintance had been made with methods of examining the prairie both above and below ground level (Weaver, 1915, 1917). Similar studies in the area between the Missouri River and the Rocky Mountains were now to be made, and these have resulted in many new investigations that are of both scientific and …

Ec68-773 New Features, New Ideas : Planning New Swine Buildings?, E. A. Olson

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 68-773: New Features, New Ideas Planning Swine Buildings; farrowing house, prevent chilling, cold foundation walls, cost of materials, plywood, tilt-up concrete, walls improved, ventilation and plans for construction.