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Ec63-821 Wheat, People And The Plains

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 63-821: Wheat, people and the Plains; supply, demand and market price of wheat. Also published as Great Plains Agricultural Council Publication no. 21.

The Irretrievable Opportunity Of Serving The Young, Clifford M. Hardin

Sheldon Museum of Art: Catalogs and Publications

The Sheldon Memorial Art Gallery, dedicated on May 16, 1963, is more than another beautiful building given to a university by beneficent donors. It is a contribution to a total cultural development which is taking place in America and one especially discernible in the midland of our nation.

One of the outstanding architectural masterpieces of the Midwest, the Sheldon Gallery is a part of the University of Nebraska's newer emphasis on cultural opportunities for its students and staff and an influence on the cultural appreciation of our region. It gives strong evidence that artistic contributions come from an irrepressible spirit …

The Sheldon Memorial Art Gallery, University Of Nebraska- Lincoln, Norman A. Geske, Henry Russell Hitchcock

Sheldon Museum of Art: Catalogs and Publications

A number of years ago I had an opportunity to express myself in anticipation of the completion of the Sheldon Memorial Art Gallery. Planning was largely completed at that time and construction was well under way. My thoughts had adjusted themselves to the compromises which are inevitable in such a situation and I was encouraged to believe that all was well with the job at hand. Lest I be guilty of creating the impression that the story has another ending, let me say that the completed building has surpassed our expectations.

In the months of the first year following the …

Contemporary Handweaving V, Norman Geske

Sheldon Museum of Art: Catalogs and Publications

Introduction

CONTEMPORARY HAND WEAVING V combines the two formats used in past exhibitions to be both competitive and invitational. In the latter section eleven craftsmen are shown, in most cases by several examples of their work. In the competitive section twenty-six craftsmen are represented by thirty-six works.

The selection of work in both parts indicates the great diversity and vitality found in all art today. On one side are those craftsmen who use traditional technique and design to illustrate in their works the expressive potentiality that can still be found within such limitations. Opposed to this are those craftsmen who …

The Bdellidae (Acarina) Of The Australian Realm, Warren T. Atyeo

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

Although primarily a systematic study, variations in the integumental striae and chaetotaxy of the legs are discussed. The genus Octobdellodes Atyeo, 1960 is synonymized with Bdellodes Oudemans, 1937 and the sugenus Cytobdella Mihelcic, 1958 is synonymized with Cyta von Heyden, 1826. The genus Bdellodes is divided into the subgenera Bdellodes and Hoploscirus Thor, 1937 (=Thoribdella Grandjean, 1938, new synonymy). Twenty-two species are now known to occur in New Zealand and the outlying islands. These include four known species: Bdella iconica, Bdellodes (Roploscirus) lapidaria, B. (R.) reticulata, and Cyta latirostris, and eighteen new species: Bdellodes (Bdellodes) harpax, B. (B.) oraria, …

Beef Cattle Progress Report, E. F. Frolik, H. H. Kramer

Nebraska Beef Cattle Reports

Shipping fever is a respiratory disease "complex" of cattle. The disease causes extensive economic losses from death, loss of physical condition, inefficient feed utilization and treatment expense. The annual loss from this disease in the United States has been estimated to be $25,000,000.

In many respects shipping fever is similar to respiratory diseases of humans. It may occur in any season of the year, but is most common in the fall and early winter. Although any age animal may be infected recently weaned calves and feeder cattle which have just been moved from the range to feedlot are most susceptible.

Table Of Contents, Vol. 43, No. 2

Nebraska Law Review

No abstract provided.

Nebraska Law Review Awards

Nebraska Law Review

Awards are listed for best student comment, most improved candidate, best student note, editor in chief elect, and to senior staff member by the editor.

Unilateral Refusals To Deal As A Method Of Deterring Private Antitrust Litigants: A Legitimate Method Of Economic Coercion?, Robert Grimit

Nebraska Law Review

The role which the private litigant plays in the enforcement of the antitrust laws, either by an action to recover treble damages or to enjoin antitrust violations, is of increasing importance. As these actions become more frequent, additional problems are raised. One such problem is the use of a unilateral refusal to deal as a deterrent to the effective use of the treble damage suit by the private litigant. Two recent parallel cases have dealt with the question of allowing temporary injunctive relief where the defendant has refused to deal with a plaintiff asking for treble damages. In House of …

Transfers Of Stock Pursuant To Post-Marital Property Settlements—A Taxable "Exchange" In Common-Law Jurisdictions, Bruce B. Graves

Nebraska Law Review

The question of the taxability of post-marital property settlements involving the transfer of appreciated stock has been answered by our highest tribunal. But the ramifications of its opinion are likely to extend considerably beyond what one might expect from only a cursory reading of this case. Through Davis v. United States, the Supreme Court has once again, as in the early thirties, applied the revenue laws in a manner which results in geographical discrimination. The ensuing disparity, as well as the intent of Congress to eliminate tax inequality between community property and common-law jurisdictions, has been minimized in order …

Waiver Of Objection By Trial Conduct, William D. Kuester

Nebraska Law Review

I. Introduction

II. Prior Waiver … A. Prior Failure to Object … (1) The Nebraska position … B. Fighting Fire with Fire … (1) Where adversary objects … (2) Adversary fails to object … (3) The Nebraska position

III. Subsequent Waiver … A. The General Rule and Its Exception … (1) Limitations on rebuttal … (2) The Nebraska position … (3) Cross Examinations … (a) The Nebraska position … B. Subsequent Failure to Object … (1) The Nebraska position

IV. Conclusion

The Scope Of Judicial Review Of Administrative Determinations In Nebraska, Robert T. Grimit

Nebraska Law Review

I. Statutory Appeal with No Statutory Definition of the Scope of Review … A. The Present Rule … (1) Competent evidence … (2) Agency acceptance of testimony … (3) The record on appeal … (4) Sufficiency of evidence … B. A Comparison of the Nebraska Rule to the Federal Tests

II. Statutory Appeal with the Scope of Review Provided by Statute … A. De Novo Review in Taxation Matters … B. Statutory Interpretation Leading to De Novo Review … C. Various Statutory Tests Defining the Scope of Review … D. De Novo Review—A Critical View

III. The Petition in Error …

Table Of Contents, Vol. 43, No. 1

Nebraska Law Review

No abstract provided.

Proof In (Civil Law) Criminal Procedure, W. P. J. Pompe

Nebraska Law Review

In the application of law, and more particularly in the application of the criminal law, "to prove" means "to produce evidence of facts which occurred in the past." The application of law implies also the proof of all sorts of abstract theories, but by "proof" in the application of law one must only include proof of concrete facts. The particular character of proof in criminal cases lies in the fact that such proof is of a legal nature. Starting from the principle that absolute certainty cannot be achieved, one cannot avoid the question of what is the degree of certainty …

Agricultural Cooperatives And The Antitrust Laws, William E. Peters

Nebraska Law Review

Agricultural cooperatives are not immune from antitrust prosecution, but neither are the antitrust laws completely applicable to them. By statute, particularly the Capper-Volstead Act and Section 6 of the Clayton Act, agricultural cooperatives are freed from some of the limitations imposed by the antitrust laws. Where these exemptions place agricultural cooperatives on the antitrust spectrum is a continuing problem faced by the courts. After a synopsis of the principal problems involved, this article reviews the legislative history of agricultural cooperative immunity, examines the judicial interpretation of the exemptions, and concludes by offering recommendations for the future.

Offers Of Proof In Nebraska, Calvin E. Robinson

Nebraska Law Review

I. Introduction … A. Reasons for an Offer of Proof … B. Standards for an Offer of Proof

II. The Nature of an Offer of Proof … A. Responsiveness to the Question … B. Establishment of Admissibility … C. Responsiveness to the Pleadings … D. Nonprejudicial Making of the Offer … E. Relevance Where Only Competence Is Challenged

III. The Extent of an Offer of Proof … A. The Dilemma … B. Responsiveness … C. Foundational Questions … D. The Narrative Offer of Proof

IV. Situations Excusing an Offer of Proof … A. Cross-Examination … B. Direct Examination

Conclusion

Exhaustion Of State Remedies Before Bringing Federal Habeas Corpus: A Reappraisal Of U.S. Code Section, Merritt James

Nebraska Law Review

There are many instances in which a state's prisoner, after being denied his liberty for years, has subsequently, upon issuance of federal writ of habeas corpus, either been proven innocent or adjudged entitled to a new trial upon grounds that he was denied some constitutional right during the process of his state court trial. In some of these cases it has been clear from the very beginning that if the allegations of the writ were proven, the detention was unconstitutional. Yet the prisoner is still forced to endure years of confinement while exhausting state remedies before federal habeas corpus is …

Real Estate Valuation In Condemnation Cases—The Place For The Expert, Richard P. Nelson

Nebraska Law Review

Every person whose land is taken for public use by eminent domain proceedings is constitutionally entitled to receive just compensation, which has been defined by all courts as fair market value. The history of condemnation proceedings is the history of the courts' struggle to devise methods of determining the fair market value of land. The scope of this article is limited to the importance of land value experts in determining fair market value. The rules of admissibility of evidence in the Nebraska courts are at variance with the actual procedures employed by real estate experts. The purpose of this article …

Terminating A Marriage In Nebraska, Marvin D. Keller

Nebraska Law Review

As the basic unit in society, the family has long been the subject of considerable legal attention. Such attention has been primarily concerned with the procedures for establishing and dissolving the marital status. Because of a greatly increased divorce rate and a more complete understanding about the causes of marital breakup, increasing criticism is being directed toward the failure of statutory divorce provisions to adapt to the changing attitudes of society. An example of this is Nebraska, where except for the enforcement of support, the law of divorce remains basically the same as it was in 1856. It is the …

Table Of Contents, Vol. 42, No. 3

Nebraska Law Review

No abstract provided.

Problems Of Measuring And Achieving Equality Of Representation In State Legislatures, Alan L. Clem

Nebraska Law Review

Americans live by a number of basic principles of government which are perceived to help guarantee the freedom of the individual within the context of the security of the community. Certain of these principles are commonly verbalized: "equality before the law"; the "first amendment freedoms" guaranteeing freedom of speech, press, worship, assembly, and petition; and "government of the people, by the people, and for the people" upholding the citizen's right and duty to take part in the government of his society. This article is concerned with one of the most basic of these principles of democratic self-government, the principle that …

Constitutional Law—Statute Making The Status Of Being A Drug Addict A Crime Held Unconstitutional—Robinson V. California (Sup. Ct. 1962), Calvin E. Robinson

Nebraska Law Review

Had Robinson v. California been decided fifty years ago, the decision would probably have been to allow the conviction of a narcotic addict. But with scientific knowledge of the nature and methods of treatment for narcotics addiction developed to what it is today, the Court could only say that narcotics addiction is not truly a type of criminal conduct. Inherent in Robinson is all the medical knowledge that has been gained in recent years. As medical and scientific knowledge increase, especially in the fields of mental and emotional illness, perhaps even greater emphasis will be placed upon treatment of wrongdoers, …

Constitutional Law—Nebraska Views Mapp V. Ohio—Erving V. State (Neb. 1962), Marvin D. Keller

Nebraska Law Review

I. Statement of the Case

II. The Retroactivity Doctrine … A. The Effect of Warring v. Colpoys … B. Application of Retroactivity … C. Indications from Mapp … D. Cases Applying Mapp

III. The Waiver Doctrine … A. An Argument from Footnote 9 … B. Criticisms of the Waiver Rule

IV. Conclusion

Municipal Corporations—Tort Liability For Governmental Functions—Holytz V. City Of Milwaukee (Wisconsin 1962), Merritt E. James

Nebraska Law Review

There is hardly a legal doctrine so universally criticized as municipal tort immunity, which is at the same time so universally followed by the courts. At the present time the courts of all but three states still grant at least partial immunity for governmental functions.

I. Abrogation of Municipal Tort Immunity

II. Scope of Abrogation

III. Constitutionality of Municipal Tort Immunity

IV. Prospective Judicial Abrogation

V. Conclusion

Table Of Contents, Vol. 42, No. 4

Nebraska Law Review

No abstract provided.

Ground Water—The Problems Of Conservation And Interferences, Philip C. Sorenson

Nebraska Law Review

In Nebraska, our measure of wealth is primarily in terms of water and soil, and the proper use and conservation of these resources is certain to assure us of prosperity now and for the future. This article is concerned with but one part of these resources—ground water. It can hardly be called, in the legal sense, a legal article, but it is hoped that that portion of the article setting forth a layman's explanation of the existing hydrologic and geologic conditions in Nebraska will be pertinent to the lawyer or legislator who is concerned with any aspect of the law …

Nebraska Ground Water Problems, Richard S. Harnsberger

Nebraska Law Review

I. Introduction

II. The Hydrologic Cycle … A. In General … B. In Nebraska

III. Non-Statutory Rules Governing Withdrawals and Use of Ground Water … A. English Rule … B. American Rule … C. California Rule … D. Nebraska Rule … E. Underground Streams

IV. Current Problems in Nebraska … A. Interference between Individual Wars … B. Municipal Use Problems … C. Problems of Interference between Surface and Ground Waters

V. The Trend Toward Administrative Control Type Statutes in Other States

VI. Key Features of Regulating Statutes … A. Waters Included … B. Exemptions … C. Vested Rights

VII. Administration …

Laws Affecting Public Power Districts, Ralph O. Canaday

Nebraska Law Review

Senate File 310 of the 1933 Legislature, the Enabling Act providing for the creation of public power and irrigation districts, has now been the law of this state for thirty years.

I. Introduction

II. Nature of Public Power and Irrigation Districts

III. Charters of Public Corporations

IV. Taxation

V. Conclusion

Mr. Justice Black, Chief Justice Marshall, And The Commerce Clause, Paul Tillett

Nebraska Law Review

Throughout his twenty-six years on the United States Supreme Court, Mr. Justice Black has shown himself to be an able advocate of Chief Justice Marshall's interpretation of the critical clause which empowers Congress to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." The commerce clause does not explain what power over commerce, if any, is left to the states. Since Chief Justice Marshall's first attempt to clarify this relationship in Gibbons v. Ogden, the Court has adopted a series of constitutional doctrines, none of which can be regarded as having finally resolved …

New Species And Records Of Little-Known Species Of Melissodes From North America (Hymenoptera: Anthophoridae), Wallace E. Laberge

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

Two new species from Mexico, Melissodes (Tachymelissodes) sonorensis and M. (Melissodes) tescorum, are described in this paper. The previously undescribed males of M. cerussata LaBerge and M. baileyi Cockerell are described. Notes concerning the key to species of the subgenus Callimelissodes are given. New records of the following poorly known species of Melissodes are included: M. opuntiella, M. sphaeralcea, M. fimbriata, M. baileyi, M. apicata, M. mitchelli, M. intorta, M. flexa, M. maesta, M. cerussata, M. expolita, M. fasciatella, M. floris, M. …