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The Right To Work, A Decade Of Development, William F. Swindler

Nebraska Law Review

I. Introduction

II. Genesis of the “Right to Work” Concept … A. Historical Background … B. Transition of the Concept … C. Stages in the “Right to Work” Movement

III. Local Characteristics of the Movement … A. Case Study: Nebraska … B. General: The States Enacting the Law

IV. Comparative Analysis of “Right to Work” Statutes

V. Adjudication of the “Right to Work “ Statutes

VI. Summary and Conclusions

Contracts—Effect Of Merger Clause On Fraud By Agent, Philip C. Sorenson

Nebraska Law Review

Action for purchase price of furnace which defendant had contracted to buy. Petitioner’s agent had induced defendant to enter into a contract which was subject to acceptance by the home office and which contract contained a merger clause. Buyer, in his answer, alleged fraudulent statements made by agent concerning the condition of buyer’s old furnace. On appeal Held: Plaintiff's motion for judgment on the pleadings sustained in that answer did not set up a defense to the petition since defendant was precluded from repudiating the merger clause. The same court, in a decision handed down the same day, held …

Torts—Attractive Nuisance Doctrine As A Basis For Damages Caused To Third Persons By Trespassing Child, John C. Mcelhaney

Nebraska Law Review

A subrogee insurer sued for damages to a building resulting from acts of children trespassing on adjacent land. Three children, at night, observed a tractor standing unguarded on a job site in a slum district, and began playing. They inadvertently started the tractor, which ran into and damaged the building. Held, recovery against the tractor owner affirmed on the basis of the attractive nuisance doctrine. Following the usual application of this doctrine, there would seem to be no question of liability to the children had they been injured while so trespassing and playing on the tractor. However, as the …

Nebraska Corporation Law, A Statutory Jungle, Roland A. Luedtke

Nebraska Law Review

I. Introduction … A. The General Corporation Law of 1941 … 1. Source … 2. Scope … B. Adoption of General Nonprofit Corporation Law of Nebraska, 1943 … C. Amendments to Corporation Laws since 1941

II. Procedural Matters of Administration … A. The General Corporation Law … 1. Definitions … 2. Filing Articles of Incorporation … 3. Similarity of Corporate Name … 4. Election of Directors and Officers … 5. Proper Certification of Amendments … 6. Reduction of Capital … 7. Stockholders’ Right Inquiry … 8. False Reports by Directors or Officers … 9. Inconsistent Provisions re Filing Formalities … …

Municipal Home Rule, A Progress Report?, Arthur B. Winter

Nebraska Law Review

I. The Home Rule Concept … A. Cause and Effect … B. Advantages of Home Rule … C. Nebraska’s Constitutional Provisions … D. The Application of Home Rule … E. Home Rule and the Courts—Generally

II. Selected Aspects of the Municipal Legislative Process … A. The Exercise of Certain Quasi-Sovereign Powers … 1. Eminent Domain … 2. Power to Tax and Assess … 3. Regulation of Surface Transportation Systems … 4. Regulation of Liquor Traffic and Gambling … B. Municipal Services to Citizens … 1. The Public Safety Function … 2. The Educational Function … 3. Health and Sanitation … …

The Winning National Moot Court Brief, Patrick W. Healey, James M. Knapp, Jerrold L. Strasheim

Nebraska Law Review

The Nebraska Law Review is proud to reproduce here the winning brief of the Seventh Annual National Moot Court Competition submitted by a three-member team representing the University of Nebraska College of Law. To retain that value which may be gained from the brief as a style guide for other collegiate teams in moot court competitions and for the practicing lawyer, the brief is published as it appeared in the final round of competition, rather than in the newly adopted format and typographical style of the Nebraska Law Review. More important, the substance of the brief deals with a …

Table Of Contents, Vol. 36, No. 4

Nebraska Law Review

No abstract provided.

Reciprocal Trusts—A Tax Avoidance Device With Recuperative Powers, Philip G. Johnson

Nebraska Law Review

I. The Lehman Doctrine Prior to the Technical Changes Act of 1949

II. The Lehman Doctrine Subsequent to the Technical Changes Act of 1949

III. Conclusion

Duty Of Farm Tractor Operators To Infant Passengers, Duane L. Nelson

Nebraska Law Review

I. Operator’s Status as Occupier of Land

II. Applicability of the Guest Statute

III. Conclusion

The Right To Change Defense Or Claim By Amendments To The Pleadings, John C. Mcelhaney

Nebraska Law Review

I. Amendments Generally

II. Change in Defense Pleaded from That Used in Pre-Trial Negotiations

III. Amendments after Appeal—General

IV. Amendments after Remand—Specific Examples

V. Conclusion

Damages—Loss Of Earnings—Measure Of Recovery And Admissibility Of Evidence Of Prior Earnings And Employment, Philip C. Sorenson

Nebraska Law Review

Plaintiff worked continuously as a welder from 1925 through 1950 when he quit welding and went into a business from which he was never able to realize a substantial income. In 1953, plaintiff, age 49 and in good health, was permanently and totally disabled in an auto accident. In his action for damages, evidence was admitted to show the prevailing wages paid to welders in plaintiff’s community as well as plaintiff’s own earnings as a welder prior to 1951. A substantial part of these earnings was derived from employment outside of the community. On appeal, Held: admissibility of such …

Contracts—Municipal Corporations—Right Of An Offeror To Withdraw Bid Before Acceptance, Floyd A. Sterns

Nebraska Law Review

Plaintiff, city housing authority, invited bids for construction work reserving the right to reject any and all bids. Defendant surety’s principal submitted the low bid along with the requisite bid bond, the bond being conditioned upon the withdrawal of the bid within thirty days, failure to enter the contract and perform. The Commissioners of the plaintiff adopted a motion to award the contract to the principal “subject to the approval of the Public Housing Administration.” The next day the principal notified the plaintiff of a mistake in computation of his bid and withdrew. Almost three weeks later, plaintiff approved the …

Indexes To Volume 36

Nebraska Law Review

Index by Author

Index by Title

Index—Digest

Index by Cases

Medial Pleistocene Fossil Vertebrate Localities In Nebraska, C. Bertrand Schultz, Lloyd G. Tanner

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

The accurate geologic dating of Pleistocene vertebrate localities which occur outside the glaciated regions has always been difficult. Several new fossil localities in Nebraska now provide data for a better understanding of the paleoecology and faunal evidence of the medial Pleistocene of the Great Plains region.

A fossil quarry, containing the remains of both vertebrates and invertebrates, has been discovered in south-central Nebraska (11/2 miles south and west of Angus in Nuckolls County). The fossils are preserved in Sappa silts in a lime concentration zone (C horizon) of a Yarmouth paleosol. The calcium carbonate appears to have been responsible for …

Protein And Fat Requirements Of Baby Pigs, E. R. Peo, Jr., G. C. Ashton, V. C. Speer, D. V. Catron

Department of Animal Science: Faculty Publications

Present day research in swine nutrition with its early weaning programs and its use of the baby pig in biological assays has necessitated the determination of the nutritional requirements of the baby pig. The requirements for two of these nutrients (protein and fat) have not been clearly established. Early studies on the protein and fat requirements of baby pigs were conducted with liquid synthetic milk diets, which were formulated generally on the basis of the composition of sow milk.

Ec57-507 Composition And Characteristics Of Nebraska's Home Extension Club Membership, Florence J. Atwood

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 57-507 is about the composition and characteristics of Nebraska’s home extension club memberships.

Ec57-506 She Has What Every Woman Wants

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 57-506 is about Orabelle Fisher, a famous farmer’s wife that is an influence to other women, and they should inspire to be like. This articles was written for the Farm Journal and was reprinted with permission.

Ec57-1577 Control Household Insects, Robert E. Roselle

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 57-1577 contains directions to control household insects.

Ec57-1121 Property And Casualty Insurance And What You Should Know Bout It., Clara Leopold

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 57-1121 discusses property and casualty insurance and what you should know about it.

Ec1726 Revised 1957 Application Blank And Information On Clarke-Mcnary Seedling Trees

University of Nebraska-Lincoln Extension: Historical Materials

Extension circular 1726-R. This circular has information, and a blank application for Clark McNary seedling trees. It includes a list of species available, plus handling/shipping charge information. Some information in this circular was revised for accuracy.

Cc148 Supplement -- Comparison Of Alternatives In Farm Program

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular Supplement to CC148 This circular is a comparison of alternatives in farm program; normal rainfall and normal yields.

Cc146 Adjusting To Drought,,, Stretching You Feed Supply

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular CC146 This circular is about adjusting to drought and stretching your feed supply.

Ec56-116 How To Get Good Soil Samples And Why It Saves You Money, Delno Knudsen

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 56-116: This is about how to get good soil samples. Includes specific steps to get good soil samples ans why it saves you money.

Ec57-122 Wheat Kernel Damage

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 57-122: This is about wheat kernel damage. Includes procedure for identifying sick wheat along with pictures.

Ec57-120 Stored Grain Insects And The Clean Grain Program

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 57-120: This is about stored grain insects and the clean grain program. Provides information and pictures of numerous principal stored grain insects.

Federal Loyalty-Security Removals, 1946–1956, Robert J. Morgan

Nebraska Law Review

I. Judicial Review of Civil Service Removals

II. The Loyalty-Security Cases … A. The Removal Power and the Bill of Rights … B. The Doctrine of Specific Charges … C. The Cole Case

III. A Critique

Title Page, Vol. 36, No. 1

Nebraska Law Review

No abstract provided.

Table Of Contents, Vol. 36, No. 3

Nebraska Law Review

No abstract provided.

Corporate Distributions Of Appreciated Property—A Comment On Policy, John E. North

Nebraska Law Review

I. The Basic Change

II. Policy Considerations … A. Minimizing the “Double Tax” … B. Preventing Conversion of Ordinary Income to Capital Gain

III. Distribution of Inventory

IV. Distributions of Depreciable Property

V. Conclusion

Public Contracts—A New Right For An Unsuccessful Bidder, V. Thompson Snyder

Nebraska Law Review

A disappointed low bidder on a federal government contract brought suit to recover lost profits and expenditures made in preparing his bid. The bids had been solicited under The Armed Services Procurement Act of 1947 which directs that contracts shall be awarded “to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, price and other factors considered: Provided, That all bids may be rejected when the agency head determines that it is in the public interest so to do.” Seven bids were entered and the contract awarded to the highest bidder. …