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Scope Of Governor's Call As Constitutional Limitation On Business Of Special Session Of The Legislature, John E. Musselman Jan 1964

Scope Of Governor's Call As Constitutional Limitation On Business Of Special Session Of The Legislature, John E. Musselman

Nebraska Law Review

The years since World War II have been characterized by a mounting pressure on state legislatures to produce solutions to difficult problems on a moment's notice. One manifestation of this increased pressure has been a rise in the frequency of legislative special sessions called by the governor. The fact that states have been forced to turn to this device with some regularity in recent years makes appropriate the consideration of a state constitutional problem peculiar to the operation of a special session: the permissible scope of legislative business at special sessions.

I. Introduction

II. “Tests” of Validity under the Call …


Conflicts Between Zoning Ordinances And Restrictive Covenants: A Problem In Land Use Policy, Lawrence Berger Jan 1964

Conflicts Between Zoning Ordinances And Restrictive Covenants: A Problem In Land Use Policy, Lawrence Berger

Nebraska Law Review

It is a commonplace to note that with an ever-increasing birth rate and decreasing death rate, as well as concomitant increases in demand for food, fiber, mineral resources, and space, effective land use control is a most important problem in our society. The problem is exacerbated by accompanying shifts in population concentrations—first from rural to urban and then from urban to suburban communities. Under our system these problems are handled at least partly (but not wholly) by resort to legal devices. The law has developed three categories of such devices for land use control: (1) those arrived at by consensual …


The Reapportionment Cases: A Conservative Defense Of Individual Rights, Wallace M. Rudolph Jan 1964

The Reapportionment Cases: A Conservative Defense Of Individual Rights, Wallace M. Rudolph

Nebraska Law Review

The latest pronouncement of the Supreme Court in the reapportionment cases will be greeted by legal and political commentators as an example of a further usurpation of states rights by the Supreme Court. It will be shown, however, that (1) the decision was required by the equal protection clause, (2) the decision was foreordained by use of the equal protection clause, (3) the Court was not imposing its own views of political theory when it upheld the civil liberties of individuals and limited the power of political majorities, and (4) the decision will not destroy initiative or local individuality but …


Relevancy In Federal Criminal Evidence, Lester B. Orfield Jan 1964

Relevancy In Federal Criminal Evidence, Lester B. Orfield

Nebraska Law Review

It is an easy matter to state that evidence must be relevant. And it is easy to define relevancy in terms such as "prove or disprove," "probable inference," "logical as well as legal," and "pointing with compelling force." But the application of a test or test for relevant evidence is not a matter of definition and black letter law. When dealing with rules of evidence it is undeniable that "each case turns on its own facts." This article is devoted to an analysis of relevant evidence in federal criminal cases.

I. In General—The Test of Relevancy … Remoteness … Harmless …


The Nebraska Uniform Commercial Code: Article 6—Bulk Transfers, Rodney Shkolnick Jan 1964

The Nebraska Uniform Commercial Code: Article 6—Bulk Transfers, Rodney Shkolnick

Nebraska Law Review

Bulk sales legislation arose out of an attempt to protect the creditors of merchants who would sell their stock in trade and either squander or secrete the proceeds. Under the normal rules relating to fraudulent conveyances, the creditor could pursue the property transfixed if he could show that the transfer was made with the intent to hinder, delay, or defraud creditors, and that the transferee had knowledge of the transferor's design. However, since a creditor would not be entitled to relief if the transferee was an innocent purchaser for an adequate consideration, and it generally would be difficult to prove …


Table Of Contents, Vol. 43, No. 3 Jan 1964

Table Of Contents, Vol. 43, No. 3

Nebraska Law Review

No abstract provided.


Substantive Law And The Labor Contract—Two Nebraska Puzzles, Fredric H. Kauffman Jan 1964

Substantive Law And The Labor Contract—Two Nebraska Puzzles, Fredric H. Kauffman

Nebraska Law Review

The purpose of this article is to analyze certain characterizations of "substantive law" by the United States Supreme Court in the labor contract field; to determine what impact these designations may have on Nebraska law; and finally, to solve the two jigsaw puzzles created by the interplay of these decisions with both Nebraska and other federal law. The Supreme Court has held that Section 301 of the Labor-Management Relations Act creates a body of federal substantive contract law. The question involved with respect to Nebraska law is whether this creation of federal contract law has any effect upon the Nebraska …


The Nebraska Uniform Commercial Code: An Introduction And Articles 1 And 2, William B. Davenport Jan 1964

The Nebraska Uniform Commercial Code: An Introduction And Articles 1 And 2, William B. Davenport

Nebraska Law Review

On July 5, 1963, the development of commercial law in Nebraska received a gigantic forward thrust—a thrust necessary to bring that development even with the jet age. On that date Governor Frank Morrison approved Legislative Bill No. 49 of the 73rd Session of the Nebraska Legislature enacting the Uniform Commercial Code. In one sweep of the pen, Nebraska had law (or would, in September 1965, have law) in areas where none has existed previously—either in statutory or decisional form, law which it had taken even the most important commercial states and the British common law jurisdictions hundreds of years to …


Article 8—Investment Securities, Winthrop B. Lane Jan 1964

Article 8—Investment Securities, Winthrop B. Lane

Nebraska Law Review

This paper sketches some of the important provisions and reasoning back of Article 8 of the Uniform Commercial Code, which will become effective September 1, 1965. It takes the security when issued and deals with the handling of the security on the market. Nebraska, not being primarily a commercial state, has relatively little case law on the subject covered by Article 8. Hence, this article will be helpful in Nebraska in that it will make certain a number of matters now not touched by legislation or case law and will avoid the necessity of trying to weave our way among …


Article 9 Of The Uniform Commercial Code As It Relates To Secured Transactions In Which The Collateral Is Consumer Goods Or Equipment, Jerrold L. Strasheim Jan 1964

Article 9 Of The Uniform Commercial Code As It Relates To Secured Transactions In Which The Collateral Is Consumer Goods Or Equipment, Jerrold L. Strasheim

Nebraska Law Review

The Uniform Commercial Code becomes operative in Nebraska at midnight on September 1, 1965. From that time, Article 9 of the Code—the Article on Secured Transactions—will regulate, regardless of its form, practically any transaction within the jurisdiction of the State in which the intention is to create a security interest in personal property or fixtures. The purpose of this paper is to delineate and explain the rules of Article 9 which apply to and regulate transactions intended to create security interests in collateral which is either consumer goods or equipment.

Definitions

Attachment … I. Security Agreement … II. Value … …


Estate Tax—"Possession Or Enjoyment" Under 2036—O'Malley V. United States (F. Supp. 1963), Lloyd I. Hoppner Jan 1964

Estate Tax—"Possession Or Enjoyment" Under 2036—O'Malley V. United States (F. Supp. 1963), Lloyd I. Hoppner

Nebraska Law Review

As of yet the courts have not been faced squarely with the question of whether in the case of income-producing property, a retained "possession or enjoyment" is enough to tax it to one's estate under section 2036 of the Internal Revenue Code. Thus far there has either been no transfer of the property in question or the courts have found a retention of the "right to the income." It is inevitable, however, that the issue will one day have to be faced. The answer is not clear, but in looking at the reasons for the joint resolution that amended the …


New Species Of Proctophyllodes From Bulgaria (Sarcoptiformes, Analgoidea), Warren T. Atyeo, I. D. Vassilev Jan 1964

New Species Of Proctophyllodes From Bulgaria (Sarcoptiformes, Analgoidea), Warren T. Atyeo, I. D. Vassilev

Bulletin of the University of Nebraska State Museum (1924–2023)

Two new species of feather mites are described: Proctophyllodes tenericaulus from Turdus viscivorus L. (Turdidae) and Galerida cristata (L.) (Alaudidae) and Proctophyllodes emberizae from Emberiza melanocephala Scopoli and E. hortulana (L.) (Fringillidae).


Prodromus Of American Bees Of The Genus Andrena (Hymenoptera, Apoidea), Wallace E. Laberge Jan 1964

Prodromus Of American Bees Of The Genus Andrena (Hymenoptera, Apoidea), Wallace E. Laberge

Bulletin of the University of Nebraska State Museum (1924–2023)

Keys to the females and males and diagnoses of the American subgenera of the genus Andrena are presented in this paper. Previously described subgenera recognized in this work are as follows: Callandrena Cockerell, Scaphandrena Lanham, Plastandrena Hedicke, Parandrena Robertson, Dactylandrena Viereck, Andrena Fabricius, Iomelissa Robertson, Oligandrena Lanham, Hesperandrena Timberlake, Micrandrena Ashmead, Gonandrena Viereck, Opandrena Robertson, Cnemidandrena Hedicke, Simandrena Perez, Thysandrena Lanham, Taeniandrena Hedicke, Ptilandrena Robertson, Trachandrena Robertson, Xanthandrena Lanham, Diandrena Cockerell, Leucandrena Hedicke, Melandrena Perez, Gymnandrena Hedicke, Scoliandrena Lanham, Onagrandrena Linsley and MacSwain. The following five new subgenera are described: Eremandrena, Larandrena, Tylandrena, Geandrena, Chaulandrena.


A Review Of The Mites Of The Family Pseudocheylidae Oudemans, 1909 (Acarina, Prostigmata), Edward W. Baker, Warren T. Atyeo Jan 1964

A Review Of The Mites Of The Family Pseudocheylidae Oudemans, 1909 (Acarina, Prostigmata), Edward W. Baker, Warren T. Atyeo

Bulletin of the University of Nebraska State Museum (1924–2023)

Four genera and ten species are included; these are: Pseudocheylus biscalattts Ber1ese, 1888, P. americanus (Ewing), 1909, Stigmocheylus brevisetus Berlese, 1910, Anoplocheylus europaeus (Berlese), 1910, A. clavatus, n. sp., A. aegypticus, n. sp., A. protea (Womersley), 1935, Neocheylus natalensis Tragardh, 1906, N. nidcolus Lawrence, 1954, and N. collis, n. sp.


Tarsocheylidae, A New Family Of Prostigmatic Mites (Acarina), Warren T. Atyeo, Edward W. Baker Jan 1964

Tarsocheylidae, A New Family Of Prostigmatic Mites (Acarina), Warren T. Atyeo, Edward W. Baker

Bulletin of the University of Nebraska State Museum (1924–2023)

The new family is based on two genera, Tarsocheylus Berlese, 1904 and Hoplocheylus, new genus. The species included are: Tarsocheylus paradoxus Berlese, 1904, Hoplocheylus atomarius (Berlese), 1913, H. johnstoni, n. sp., H. aethiopicus (Cooreman), 1951, H. longispinus, n. sp., and H. cliscalis, n. sp.


Effect Of Amino Acid Supplementation Of Rations Containing Meat And Bone Scraps On Rate Of Gain, Feed Conversion And Digestibility Of Certain Ration Components For Growing-Finishing Swine, W. G. Luce, E. R. Peo, Jr., D. B. Hudman Jan 1964

Effect Of Amino Acid Supplementation Of Rations Containing Meat And Bone Scraps On Rate Of Gain, Feed Conversion And Digestibility Of Certain Ration Components For Growing-Finishing Swine, W. G. Luce, E. R. Peo, Jr., D. B. Hudman

Department of Animal Science: Faculty Publications

Previous work at this station (Peo and Hudman, 1962) has shown that meat and bone scraps, when fed at levels from 5 to 10% of the total ration, significantly depress rate of gain of growing-finishing swine. Similar results have been reported by Bloss et al. (1953), Terrill et al. (1954), Meade and Teter (1957), and Becker and Jensen (1961).


Sulfur Fertilizers For Alfalfa Production In Nebraska, R. L. Fox, A. D. Flowerday, F. W. Hosterman, H. F. Rhoades, R. A. Olson Jan 1964

Sulfur Fertilizers For Alfalfa Production In Nebraska, R. L. Fox, A. D. Flowerday, F. W. Hosterman, H. F. Rhoades, R. A. Olson

Nebraska Agricultural Experiment Station: Historical Research Bulletins

In order to elaborate all aspects of the sulfur problem in alfalfa production, a series of field, greenhouse and laboratory experiments was initiated to determine: 1. The influence of sulfur fertilization on the yield of alfalfa in Nebraska. 2. The influence of sulfur fertilization on the protein, vitamin A, and sulfur contents of alfalfa. 3. The sulfur supplying capacities of various soils under field and greenhouse conditions. 4. The sulfur content of precipitation at widely scattered points in Nebraska. 5. Soil properties associated with sulfur deficiency. 6. Optimum methods for estimating the sulfur status of soils by soil testing. The …


Dress And Skirt Hems : Clothing Leaflet 8, Helen Rocke Jan 1964

Dress And Skirt Hems : Clothing Leaflet 8, Helen Rocke

Nebraska 4-H Clubs: Historical Materials and Publications

hems, gathers, darts, 4-H


Common Range Plants In Nebraska, John F. Vallentine, Donald F. Burzlaff Jan 1964

Common Range Plants In Nebraska, John F. Vallentine, Donald F. Burzlaff

University of Nebraska-Lincoln Extension: Historical Materials

This is a master list of the common range plants in Nebraska. It is divided into two sections, "Important Nebraska Range Plants" and "Common Range Plants of Secondary Importance."
The first section, "Important Nebraska Range Plants", includes those plants upon which management of Nebraska grasslands should be based. Some of these plants are palatable and productive, others are unpalatable and unproductive. However, from the presence, absence, or abundance of all plants in this group in a particular range it is possible to evaluate past use, determine range condition, and measure effectiveness of grazing and management programs.
The second section, "Common …


Ec64-529 Baby Sitting Basics, Helen Sulek Jan 1964

Ec64-529 Baby Sitting Basics, Helen Sulek

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 64-529 This circular is an informational guide for baby sitters. The publication talks about preparation, child safety, fun with the children, and more.


Ec64-645 Testing Milk For Butterfat Jan 1964

Ec64-645 Testing Milk For Butterfat

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 64-645 is about testing milk for butterfat including: babcock test principles, sampling, and equipment. This circular was revised from an Experiment Station Circular 53 by L. K. Crowe.


Ec64-530 Feeding Your Pre-School Child, Helen Sulek Jan 1964

Ec64-530 Feeding Your Pre-School Child, Helen Sulek

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 64-530 This circular is about feeding a preschool child in order to help them develop “likes”, and encourage desirable attitudes.


Ec64-211 Your Cattle Ranch Business, John Vallentine, Donald Clanton, Donald Burzlaff Jan 1964

Ec64-211 Your Cattle Ranch Business, John Vallentine, Donald Clanton, Donald Burzlaff

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 64-211 This circular is all about having an efficient, and economically viable ranch business. The topics include: profit per cow, improving production, and returns from range development.


Ec64-162 New Grade Requirements For Wheat, Duane Foote Jan 1964

Ec64-162 New Grade Requirements For Wheat, Duane Foote

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 64-162 is a table of new grade requirements for wheat in 1964.


Ec64-161 Common Range Plants In Nebraska, John Vallentine, Donald Burzlaff Jan 1964

Ec64-161 Common Range Plants In Nebraska, John Vallentine, Donald Burzlaff

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 64-161 This circular is about range plants in Nebraska. It describes their importance as well as some of the common range plants found in the state.


Ec64-138 Growing Safflower In Nebraska Jan 1964

Ec64-138 Growing Safflower In Nebraska

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 64-138 This circular is about growing safflower in Nebraska. It discusses what a safflower is, where it is grown, the variety of safflowers, and more.


Ec64-732 Mowing Manners, Rollin Schnieder Jan 1964

Ec64-732 Mowing Manners, Rollin Schnieder

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 64-732 This circular offers suggestions of rotary power mower safety.


Ec64-730 Rural Civil Defense In Nebraska Jan 1964

Ec64-730 Rural Civil Defense In Nebraska

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 64-730 This circular is about rural city defense. It is a resource for planning for disasters.


Ec64-931 Fruit, Money And Minutes Jan 1964

Ec64-931 Fruit, Money And Minutes

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 64-931 This circular is about buying, caring for, and preparing fruit.


Ec64-902 Cheese In Your Diet, Ethel Diedrichsen Jan 1964

Ec64-902 Cheese In Your Diet, Ethel Diedrichsen

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 64-902 This circular is about the variety of cheeses, and the benefits of effectively utilizing cheese in one’s diet.