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Federal Rules Of Civil Procedure—Service Of Process—Test Of Applicability In Diversity Cases—Hanna V. Plumer, 380 U.S. 460 (1965), Alan E. Peterson

Nebraska Law Review

The import of the Hanna v. Plumer opinion in its entirety is that the Federal Rules of Civil Procedure have been accorded a new priority and certainty of application in future federal court diversity of citizenship cases

I. Introduction

II. The Procedural Limitation on the Federal Rules: Two Distinct Tests for Two Contexts of the Issue … A. Caveat on the Outcome-Determinative Principle … B. The Validity of the Federal Rule—The Hanna Test

Municipal Corporations—Zoning—Termination Of Nonconforming Uses—Hoffman V. Kinealy, 389 S.W.2d 745 (Mo. App. 1965), William A. Garton

Nebraska Law Review

The termination of nonconforming uses has become of prime concern to city planners. A balancing test is not always easy to apply, but it seems to be the only way to do substantial justice in resolving conflicts between the rights of property owners and the right of the community to enact effective zoning ordinances to promote the health, safety, and general welfare of its citizens. It is submitted that Hoffman v. Kinealy is a worthy decision only insofar as it recognizes that both interests are deserving of judicial recognition.

Industrial Espionage—Nebraska’S New Felony, Jeffrey L. Orr

Nebraska Law Review

In accordance with Nebraska's "open-door policy" toward industry, the Nebraska Legislature passed an act in 1965 which made the theft of a trade secret a felony. The act is an amalgamation of the New York and New Jersey acts. The question toward which this article is directed is whether established civil remedies, coupled with the added criminal sanctions, afford adequate protection for industrial trade secrets in Nebraska. It is therefore necessary to briefly discuss the battery of common law civil remedies before considering the effects of the new legislative provisions.

I. Introduction

II. Summary of Civil Remedies

III. Nebraska Legislation—Criminal …

The University’S Role In Prison Eduction, Delyte W. Morris

Nebraska Law Review

For thirteen years Southern Illinois University has had an association with the Illinois State Penitentiary at Menard, Illinois, which has been rewarding and useful for both institutions. This article deals with the educational and rehabilitational aspects of this association. First, we look briefly at the historical development of education in prison programs. Second, we outline the specific growth of educational services by Southern Illinois University at Menard and the United States Penitentiary at Marion, Illinois. Third, we examine the influences of this growth on thinking, planning, research, and applications of prison education by the university locally and, by extension of …

Case Digests

Nebraska Law Review

Diversity of Citizenship: Third-Party Practice … Union Bank & Trust Co. v. St. Paul Fire & Marine Ins. Co., 38 F.R.D. 486 (D. Neb. 1965) … Olson v. United States, 38 F.R.D. 489 (D. Neb. 1965)

Discovery of Documents: Good Cause … Haarhues v. Gordon, 180 Neb. 189,—N.W.2d—(1966)

Torts: Charitable Immunity: Myers v. Drozda, 180 Neb. 183,—N.W.2d—(1966)

Conflict of Laws … Lex Loci Delicti Choice of Laws Rule … Lorenzen v. Continental Baking Co., 180 Neb. 23, 141 N.W.2d 163 (1966)

Water Law: Reciprocal Rights of Upstream Riparian Owners … Kiwanis Club Foundation, Inc. v. …

Mutuality Of Estoppel: Its Status In Nebraska, Gailyn L. Larsen

Nebraska Law Review

The binding effect of a judgment is said to be based upon the principle that justice and expediency demand that a person who has had his "day in court" should not be permitted to relitigate the same issues in a subsequent action. However, a general rule existing concurrently with this principle has been that a person is not entitled to claim the benefits of an adjudication of any matter decided in an action to which he was not a party or privy to a party. These benefits have often been denied for the sole reason that such a person would …

Harvey M. Johnsen

Nebraska Law Review

The retirement of Nebraska's first Chief Judge of the Eighth Circuit Court of Appeals, Harvey M. Johnsen, is an appropriate occasion to pause and review his career. To this distinguished individual, whose quiet manner, gentle nature, and exquisite sense of dignity harmonize so well with the judicial process this issue is dedicated.

Table Of Contents, Vol. 45, No. 4

Nebraska Law Review

No abstract provided.

David Dow

Nebraska Law Review

This issue of the Nebraska Law Review is dedicated to our recently retired dean, David Dow. During his six years in that office and under his leadership, the law school moved forward steadily, growing in prestige, number of students, faculty, and programs. The present and future lawyers of this state can look forward to many more years of continued service, guidance, and inspiration from David Dow as a professor. To him this issue of the Nebraska Law Review is dedicated with pride.

International Concern With Crime And Corrections, Frank Loveland

Nebraska Law Review

International concern with crime and corrections is not a recent phenomenon. The first International Penal and Penitentiary Congress (IPPC) was held in London in 1872. When the United Nations was established, it was decided that its role should include a program for the prevention of crime and treatment of offenders. The IPPC at the time of its last Congress, held at The Hague in 1950, agreed to the transfer of its functions to the United Nations. The first of the quinquennial Congresses on the Prevention of Crime and the Treatment of Offenders was held in Geneva in 1955, the second …

Editors' Page

Nebraska Law Review

This issue of the Nebraska Law Review contains the third and final part of the symposium "The Tasks of Penology." In the symposium we attempted to give our readers an overall view of the latest thinking in the area of criminal corrections. Most of the articles in this issue do not deal at any great length with the prison itself. The programs and concepts now in vogue are "beyond the walls." It is appropriate that these last contributions to the discussion seem to voice a common proposal: emergence.

The Emergence Of Correctional Law And The Awareness Of The Rights Of The Convicted, Eugene N. Barkin

Nebraska Law Review

The administration of criminal justice consists of four major areas: the arrest and charge of the commission of the offense; the trial and appeal; the disposition after a verdict of guilty; and finally the implementation of the judgment. Criminal law has traditionally been treated lightly by most law schools, practicing lawyers, and even the bench. And the most neglected area of this neglected field of law has related to the disposition of the offender's case; that is, sentencing and his rights thereafter. The purpose of this brief discussion is to promote awareness of the myriad of complex legal and human …

Case Digests

Nebraska Law Review

Constitutional Law: Fair Trial … Sheppard v. Maxwell, 384 U.S. 333 (1966)

Contracts: Business Coercion … McCubbin v. Buss, 180 Neb. 624, 144 N.W.2d 175 (1966)

Contracts: Installment Sales … Engelmeyer v. Murphy, 180 Neb. 295, 142 N.W.2d 342 (1966)

Torts: Guest Statute … Davis v. Landis Outboard Motor Co., 179 Neb. 391, 138 N.W.2d 474 (1965)

Indexes To Volume 45

Nebraska Law Review

No abstract provided.

Trusts—State Action In Charitable Trusts—Evans V. Newton, 382 U.S. 296 (1966), Robert S. Lingo

Nebraska Law Review

The charitable trust has become a major source of social beneficence and public welfare. Its significance extends from the national research foundations to the relatively limited municipal trusts, but each affects large numbers of people. Added to this is the American belief in allowing a person to dispose of his property to whom he wishes and under whatever restrictions. However, it has become evident that the great social influence made possible by charitable trusts will not permit invidious, irrational discriminations. The answer in large part appears in requiring that charitable trusts conform to the principle of equality contained in the …

Products Liability—Effect Of Advertising On Warning Given—Love V. Wolf, 226 Cal. App. 2d 378, 38 Cal. Rptr. 183 (Ct. App. 1964), Dennis C. Karnopp

Nebraska Law Review

The area of products liability has been rapidly expanding in recent years. Included in this expansion has been an increasing tendency to hold manufacturers liable to those injured by using their products. This trend toward strict liability is thought to cause the manufacturers to exercise greater care in their manufacturing processes and to shift the loss due to injury from the injured party to those engaging in the business which has caused the injury. This burden may then be shifted, by means of a commensurate increase in the price of the product, to the consumers of the product as a …

Factors Affecting Nesting Success Of The Canvasback In The Aspen Parklands, Jerome H. Stoudt

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

The Minnedosa study area is located in the southwestern portion of Manitoba just south of the town of Minnedosa. It is 90 square miles in size and roughly square in shape. The Aspen Parkland, in which the study area is located, is characterized by gently rolling terrain and black soils. Mixed farming is the rule with emphasis on small grain production consisting of wheat, barley, and oats. Roughly 50 percent of the water areas in the parkland are ringed with aspen, Populus tremuloides, and large blocks of aspen are interspersed throughout the area. The Minnedosa area differs because of …

Relationship Between Measures Of Semen Quality And Fertility In Bulls Mated Under Natural Conditions, J. N. Wiltbank, W. W. Rowden, J. E. Ingalls

Nebraska Agricultural Experiment Station: Historical Research Bulletins

An evaluation of the relationship between several measures of semen quality and fertility of bulls mated under natural conditions has been conducted over a three-year period. Semen was collected three different times with an electro-ejaculator from bulls used in the fertility tests. Collections were made at weekly intervals. Fertility was evaluated by mating bulls to heifers starting about three days after the last collection. Semen quality refers to the percent abnormals and the percent motility evaluated at the time of collection. Fertility was measured by the proportion of heifers that settled at natural service. Several multiple regression equations were calculated. …

Rearrangements In The Synthesis Of Β-Ketoallyl Amines, Richard P. Rebman

Open Access Master's Theses (through 2010)

The work reported in this thesis is part of an integrated research program in progress at the University of Nebraska dealing with the mechanisms of addition, elimination, and substitution in α, β – unsaturated ketones and their halogen derivatives.

The essential scope of this research is the investigation of the mechanism(s) of substitution by amines on α – (bromomethyl)-chalcone.A knowledge of the mechanism(s) involved would be useful in elucidating some of the factors determining the structure of reaction products observed in other similar systems.

Advisor: Norman H. Cromwell

Test 927: Allis-Chalmer 190 Xt (Lpg), Nebraska Tractor Test Lab

Nebraska Tractor Tests

EXPLANATION OF TEST REPORT GENERAL CONDITIONS East tractor is a production model equipped for common usage. Power consuming accessories can be disconnected only when it is convenient for the operator to do so in practice. Additional weight can be added as ballast if the manufacturer regularly supplies it for sale. The static tire loads and the inflation pressures muse conform to recommendations in the Tire Standards published by the Society of Automotive Engineers. PREPARATION FOR PERFORMANCE RUNS The engine crank case is drained and refilled with a measured amount of new oil conforming to specifications in the operator’s manual. The …

Test 928: Alli-Chalmers 190 (Gasoline), Nebraska Tractor Test Lab

Nebraska Tractor Tests

EXPLANATION OF TEST REPORT GENERAL CONDITIONS East tractor is a production model equipped for common usage. Power consuming accessories can be disconnected only when it is convenient for the operator to do so in practice. Additional weight can be added as ballast if the manufacturer regularly supplies it for sale. The static tire loads and the inflation pressures muse conform to recommendations in the Tire Standards published by the Society of Automotive Engineers. PREPARATION FOR PERFORMANCE RUNS The engine crank case is drained and refilled with a measured amount of new oil conforming to specifications in the operator’s manual. The …

Test 926: Minneapolis-Moline M670 Diesel (Also M670 Super Diesel And G750 Diesel), Nebraska Tractor Test Lab

Nebraska Tractor Tests

EXPLANATION OF TEST REPORT GENERAL CONDITIONS East tractor is a production model equipped for common usage. Power consuming accessories can be disconnected only when it is convenient for the operator to do so in practice. Additional weight can be added as ballast if the manufacturer regularly supplies it for sale. The static tire loads and the inflation pressures muse conform to recommendations in the Tire Standards published by the Society of Automotive Engineers. PREPARATION FOR PERFORMANCE RUNS The engine crank case is drained and refilled with a measured amount of new oil conforming to specifications in the operator’s manual. The …

Genetic Control Of The Metabolism Of O-Hydroxycinnamic Acid Precursors In Melilotus Alba, Francis A. Haskins, T. Kosuge

Department of Agronomy and Horticulture: Faculty Publications

In sweetclover (Melilotus aIba Desr.) the cis and trans isomers of o-hydroxycinnamic acid occur primarily as the respective β-D-glucosides (Rudorf and Schwarze 1958; Kosuge 1961; Haskins and Gorz 1961a; Stoker and Bellis 1962). The review of Brown (1963) summarizes evidence that these glucosides are formed via the following pathway: phenylalanine (formed from shikimic acid) → trans-cinnamic acid → trans-o-hydroxycinnamic acid (o-coumaric acid) trans-β-D-glucosyl-o-hydroxycinnamic acid (o-coumaric acid glucoside) → cis-β-D-glucosyl-o-hydroxycinnamic acid (coumarinic acid glucoside). Sweetclover plants of the Cu Cu genotype contain substantial amounts of both …

Test 925: Minneapolis-Moline M670 Gasoline (Also M670 Super Gasoline And G750 Gasoline), Nebraska Tractor Test Lab

Nebraska Tractor Tests

EXPLANATION OF TEST REPORT GENERAL CONDITIONS East tractor is a production model equipped for common usage. Power consuming accessories can be disconnected only when it is convenient for the operator to do so in practice. Additional weight can be added as ballast if the manufacturer regularly supplies it for sale. The static tire loads and the inflation pressures muse conform to recommendations in the Tire Standards published by the Society of Automotive Engineers. PREPARATION FOR PERFORMANCE RUNS The engine crank case is drained and refilled with a measured amount of new oil conforming to specifications in the operator’s manual. The …

Test 923: Massey-Ferguson Mf 1100 (Diesel), Nebraska Tractor Test Lab

Nebraska Tractor Tests

EXPLANATION OF TEST REPORT GENERAL CONDITIONS East tractor is a production model equipped for common usage. Power consuming accessories can be disconnected only when it is convenient for the operator to do so in practice. Additional weight can be added as ballast if the manufacturer regularly supplies it for sale. The static tire loads and the inflation pressures muse conform to recommendations in the Tire Standards published by the Society of Automotive Engineers. PREPARATION FOR PERFORMANCE RUNS The engine crank case is drained and refilled with a measured amount of new oil conforming to specifications in the operator’s manual. The …

Test 921: Case 841 Ck (Lpg), Nebraska Tractor Test Lab

Nebraska Tractor Tests

EXPLANATION OF TEST REPORT GENERAL CONDITIONS East tractor is a production model equipped for common usage. Power consuming accessories can be disconnected only when it is convenient for the operator to do so in practice. Additional weight can be added as ballast if the manufacturer regularly supplies it for sale. The static tire loads and the inflation pressures muse conform to recommendations in the Tire Standards published by the Society of Automotive Engineers. PREPARATION FOR PERFORMANCE RUNS The engine crank case is drained and refilled with a measured amount of new oil conforming to specifications in the operator’s manual. The …

Test 919: Case 841 Ck (Gasoline), Nebraska Tractor Test Lab

Nebraska Tractor Tests

EXPLANATION OF TEST REPORT GENERAL CONDITIONS East tractor is a production model equipped for common usage. Power consuming accessories can be disconnected only when it is convenient for the operator to do so in practice. Additional weight can be added as ballast if the manufacturer regularly supplies it for sale. The static tire loads and the inflation pressures muse conform to recommendations in the Tire Standards published by the Society of Automotive Engineers. PREPARATION FOR PERFORMANCE RUNS The engine crank case is drained and refilled with a measured amount of new oil conforming to specifications in the operator’s manual. The …

Test 920: Case 941 Gp (Gasoline), Nebraska Tractor Test Lab

Nebraska Tractor Tests

EXPLANATION OF TEST REPORT GENERAL CONDITIONS East tractor is a production model equipped for common usage. Power consuming accessories can be disconnected only when it is convenient for the operator to do so in practice. Additional weight can be added as ballast if the manufacturer regularly supplies it for sale. The static tire loads and the inflation pressures muse conform to recommendations in the Tire Standards published by the Society of Automotive Engineers. PREPARATION FOR PERFORMANCE RUNS The engine crank case is drained and refilled with a measured amount of new oil conforming to specifications in the operator’s manual. The …

Ultraviolet-Induced Isomerization Of Β-D-Glucosyl O-Hydroxycinnamic Acid On Filter Paper, Andris Kleinhofs, Francis A. Haskins, Herman J. Gorz

Department of Agronomy and Horticulture: Faculty Publications

Coumarinic acid glucoside (β-D-glucosyl cis-o-hydroxycinnamic acid) and o-coumaric acid glucoside (β-D-glucosyl &am-o-hydroxycinnamic acid) are readily detected as absorbing areas on filter paper chromatograms exposed to ultraviolet light at wavelengths near 260 mp. Long wavelength ultraviolet radiation is frequently used to detect fluorescent compounds closely related to these two glucosides. The foregoing facts prompted this investigation concerning the influence of both long and short wavelength ultraviolet light on small amounts of coumarinic acid glucoside and o-coumaric acid glucoside, air-dried on filter paper strips. Ultraviolet-induced interconversion of these two isomers in aqueous solutions is well known.

Test 918: Case 931 Gp (Diesel), Nebraska Tractor Test Lab

Nebraska Tractor Tests

EXPLANATION OF TEST REPORT GENERAL CONDITIONS East tractor is a production model equipped for common usage. Power consuming accessories can be disconnected only when it is convenient for the operator to do so in practice. Additional weight can be added as ballast if the manufacturer regularly supplies it for sale. The static tire loads and the inflation pressures muse conform to recommendations in the Tire Standards published by the Society of Automotive Engineers. PREPARATION FOR PERFORMANCE RUNS The engine crank case is drained and refilled with a measured amount of new oil conforming to specifications in the operator’s manual. The …