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Nebraska: First To Revise Highway Laws With Own Staff, Henry Grether, Jean Caha

Nebraska Law Review

I. Procedure

II. Substantive Law … A. Sections of Statutes Arranged in Functional and More Logical Sequence … B. Archaic Provisions Eliminated … C. Ambiguities Clarified … D. Power Delegated to Department Broadened and Specifically Enumerated … E. Proper Engineering Practices of the Department Legalized … F. Legislative Intent and Definitions … G. Highway Establishment and Abandonment … H. Broad Authority Delegated for Efficient Inter-Governmental Relations of Cooperating Governmental Units … I. Research and Testing Essential to Modern Highway Engineering Provided for … J. Broad Authority for Access Control Measures Delegated to Department … K. Maintenance … L. Revenue and …

Nebraska’S Fair Trade Act, Marvin L. Holscher

Nebraska Law Review

Introduction

I. The Court’s Yardstick of Constitutionality … A. The Historical Basis of Fair Trade Legislation … B. Nebraska Standards of Constitutionality

II. The Effect of the McGraw Decision on Future Trade Legislation

III. The Sherman Anti-Trust Act

IV. Conclusion

Insurance—Assignment Of Policy Benefits To Veterans’ Administration, Hal W. Bauer

Nebraska Law Review

The United States brought action against an insurance corporation to recover benefits under a contract of insurance assigned by the insured to the Administrator of Veterans’ Affairs. Under the contract the defendant agreed to pay the insured according to a schedule of benefits for “expenses actually incurred” because of poliomyelitis. During the policy term the insured was stricken with this disease, and being a veteran, he applied for admission to a Veterans’ Administration hospital. He was granted admission upon his execution of an assignment to the Administrator of Veterans’ Affairs of all claims for medical expenses which he might have …

Constitutional Law—Equal Protection—School Segregation Revived, Marshall D. Becker

Nebraska Law Review

Plaintiffs brought suit for themselves and all other taxpayers in Wagoner County, Oklahoma, to enjoin the Board of County Commissioners from delivering to purchasers school bonds which were voted for the acquisition, maintenance, and repair of segregated schools. The lower court ruled that the recent decision of the United States Supreme Court in Brown v. Board of Education of Topeka, which nullified statutes providing for segregation of races in schools, did not negate other statutes providing for the acquisition, maintenance, and repair of separate schools under a segregated system, and that such an acquisition was legal. Plaintiffs appealed to …

Torts—Negligence—Liability To Trespassing Children, Bob Baumfalk

Nebraska Law Review

Plaintiff, an eleven-year-old boy, was injured when a lumber pile on which he was playing collapsed. The lumber had been ordered by a contractor and had been piled on the building site by a lumber dealer. The lumber, which allegedly resembled a boat to the plaintiff, was near two public alleys which bordered the building site. The plaintiff brought an action for injuries under the attractive nuisance doctrine against both the contractor and the lumber dealer. Held: Even though the lumber dealer had neither possession or control of the premises, he owed a duty to trespassing children not to create …

Constitutional Law—Equal Protection—Determinable Fee, Domenico Caporale

Nebraska Law Review

A 1929 deed which conveyed land from private individuals to a city provided: “. . . In the event said lands . . . shall not be kept and maintained as a park . . . for use by the white race only . . . , the lands hereby conveyed shall revert in fee simple . . .” In 1955 a declaratory judgment was sought to determine the validity of the restriction and reverter clauses. Held: the operation of such language created a fee simple determinable with a possibility of reverter. Since such reversion would be automatic and would …

Constitutional Law—Ex Post Facto Clause—Deportation Of Aliens, Deryl F. Hamann

Nebraska Law Review

In 1938, petitioner, an alien, was convicted of violating the Marihuana Tax Act. In 1952, Congress authorized the deportation of all such violators, including those convicted before passage of the 1952 act. Petitioner was ordered deported by an officer of the Immigration and Naturalization Service, and brought a writ of habeas corpus to review the Board of Immigration Appeal’s affirmation of the deportation order, claiming a violation of the ex post facto clause of the Federal Constitution. The district court and the court of appeals denied review, and the United States Supreme Court affirmed. The Court, declining to consider petitioner's …

Municipal Corporations: Contracts In Perpetuum, William H. Sherwood

Nebraska Law Review

In 1905 the newly organized University of Florida was looking for a home. By statute the Board of Control was empowered to choose the site, and in so choosing, to take donations offered by municipalities wishing to be chosen. Through its "Citizen's Committee" (an unofficial body with no real authority), the City of Gainesville, Florida, offered, in addition to substantial donations of buildings and lands, to furnish water to the University free of charge. The offer was accepted; the University of Florida, with an enrollment of 135 students, set up blackboards in Gainesville (population 3,633), and water began flowing through …

4-H Safety Clubs Songs, Games, Slogans : Extension Circular 13-6-2

Nebraska 4-H Clubs: Historical Materials and Publications

This 4-H extension circular is for use in the safety Club. It lists the songs, games and slogans used for the safety project.

ec 1306-2, ec 13-06-2

4-H Winter Wheat Production And Marketing Club Manual : Extension Circular 1-41-2

Nebraska 4-H Clubs: Historical Materials and Publications

The purpose of the 4-H winter wheat project is to help club members learn the best methods and practices of winter wheat production and marketing.

Beef Breeding Record Book : Extension Circular 2-41-2

Nebraska 4-H Clubs: Historical Materials and Publications

Book to record all details related to raising 4-H calves.

Introduced Forage Grasses For Nebraska, F. D. Keim, L. C. Newell

Nebraska Agricultural Experiment Station: Historical Circulars

This circular presents illustrations, descriptions and recommended usage of fourteen introduced cultivated grasses that are worthy of practical consideration in Nebraska. Most of them can easily be identified by comparing plant specimens with the illustrations and descriptions. This circular has been prepared for use by farmers, county agricultural agents, teachers and others who are interested in our most important grasses. Station Circular 59 contains information and illustrations of the more common native perennial grasses of Nebraska.

Birds Of Jasper National Park, Alberta, Canada, Ian Mctaggart Cowan

Other Publications in Wildlife Management

Jasper Park, with an area of approximately 4,200 square miles, is the largest accessible primeval wildlife sanctuary on this continent and as such its bird life is of the greatest interest. The meagre available records of earlier conditions indicate that noteworthy changes in the park's avifauna have taken place in the last 50 years. There can be little doubt that other changes will take place during the years to come. For this reason, then, if for no other, it seems desirable that as complete a record as possible of the current situation be made, for only against it can the …

Ec253 Revised 1955 Nutrients, Feeds & Rations For Swine, R. J. Meade, Donald R. Warner, M. J. Brinegar

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 253 Revised 1955 discusses nutrients, feeds & rations for Swine.

Ec55-909 Cooking Of Fish, Ethel Diedrichsen

University of Nebraska-Lincoln Extension: Historical Materials

Fish is an excellent food. It compares favorably with meat and poultry in supplying high quality protein for building body tissues. Fish is rich in minerals especially phosphorus, calcium and iron. Fish from the sea are a rich source of iodine. Fish also contain thiamine, riboflavin and niacin. A serving of fat fish will supply some vitamin A and vitamin D.

This publication covers the selection and types, buying, storing, cleaning and dressing, skinning, filleting and cooking of fish. It contains basic recipes for fish.

Ec55-200 Diethylstilbestrol As A Feed For Slaughter Cattle, Paul Q. Guyer

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 55-200 discusses diethylstilbestrol as afeed for slaughter cattle.

Ec55-1110 Blanket Washing Made Easy, Clara N. Leopold

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 55-1110: This is about blanket washing made easy. Provides preliminary steps, washing in the machine, moth-proofing, rinsing, shaping or blocking, drying, and the finishing.

Ec55-404 Covering A Buckle, Helen Rocke

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 55-404: This is about covering a buckle.

Ec55-402 Good Design In Needlework, Helen Rocke

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 55-402: This is about how to do good design in needlework. Includes characteristics of good design.

Ec55-902 Altitude Cooking For Western Nebraska, Ethel Diedrichsen

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 55-902: This is about altitude cooking for Western Nebraska. Includes recipes for muffins, waffles, and cakes, etc.

Ec55-407 How To Buy Shoes That Fit, Elsie Delunger

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 55-407: This is about how to buy shoes that fit. It has information on how to buy shoes, and special points in buying shoes for children, etc.

Ec55-1104 Repair Of Electric Cords, Harold C. Brigham

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 55-1104: This is about how to repair electric cords. Tools needed for repairs, tapes for safety, tying an underwriter’s knot, and replacing an appliance plug.

Test 533: International Model W-400, Nebraska Tractor Test Lab

Nebraska Tractor Tests

This report and any related files are made available to the online through the Lester F. Larsen Tractor Test and Power Museum as resources allow. Established in 1998, this museum is located on the University of Nebraska-Lincoln East Campus. It is and appropriately housed within the walls of the historic 1920 Nebraska Tractor Test Laboratory, where the first tractor test was started on March 31st, 1920. Because the pioneer tests became worldwide standards, this location was designated as a Historic Landmark of Agricultural Engineering by the American Society of Agricultural Engineers in 1980, shortly after testing was moved to a …

Discovery And The Physician-Patient Privilege, William H. Hein

Nebraska Law Review

In 1951, Nebraska adopted the principal parts of Rules 26 to 37 of the Federal Rules of Civil Procedure pertaining to depositions and discovery. These sections became Sections 25-1267.02 to 25-1267.44 of the Nebraska statutes. Section 25-1267.02 provides that the deponent may be examined regarding any matter not privileged which is relevant to the subject matter involved in the pending action. Also Sections 25-1267.38 and 25-1267.39, relating to written interrogatories and discovery of documents, are limited to discovery of matter not privileged.

I. The Physician-Patient Privilege

II. Purposes of the Discovery Statutes

III. Discovery before Trial by Judicial Methods … …

May Nebraska Corporations Pay A Dividend From Surplus Including Unrealized Appreciation From Revaluation Of Fixed Assets, Jerry C. Stirtz

Nebraska Law Review

The problem with which this note is concerned is whether under Nebraska law a corporation may pay a dividend from a surplus created, or at least enhanced, by a revaluation of fixed assets. The Nebraska Supreme Court has not decided the issue. In an attempt to answer this question the following must be considered: first, an examination of Nebraska’s statute and what it means; second, a survey of some representative types of state statutes and the cases decided under them; and third, the effect of policy considerations which any court must weigh when confronted with the problem.

I. The Nebraska …

Constitutional Law—Uniform Code Of Military Justice—General Article Void For Vagueness?, James W. Hewitt

Nebraska Law Review

Much has been said or written about the rights of servicemen under the new Uniform Code of Military Justice, which is the source of American written military law. Some of the major criticisms of military law have been that it is too harsh, too vague, and too careless of the right to due process of law. A large portion of this criticism has been leveled at Article 134, the general, catch-all article of the Code.

I. Standards in Civilian Criminal Laws

II. History of Military Law

III. Constitutional Source of Military Law

IV. History of the General Article

V. Article …

The Effect Of A Land Sale Contract Involving Property Held In Joint Tenancy, Lawrence L. Wilson

Nebraska Law Review

This article has been prompted by the decision of Buford v. Dahlke, which adds another legal facet to the Nebraska law regarding transactions involving property held in joint tenancy.

I. Problem Raised by Buford v. Dahlke … A. Proceeds Held by Tenants in Common … B. Why Parties Favor Joint Tenancy … C. Could a Joint Tenancy Be Created in the Land Sale Contract Payments?

II. Must the Vendee Obtain a Deed from the Surviving Joint Tenant and the Personal Representative?

Conclusion

The Lawyer’S Responsibility And The Fifth Amendment, Loyd Wright

Nebraska Law Review

The paragraph which constitutes the fifth article of our Constitution’s Bill of Rights contains within its brief compass a surprising number of our most precious and most effective guaranties of individual freedom against the collective power of the federal government. But in the list of recent events a reference to the Fifth Amendment is not likely to call to mind the guaranty of indictment by a grand jury, the protection against double jeopardy, the prohibition against the taking of private property for public use without just compensation, or even the fundamental assurance that we shall not be deprived of life, …

Charitable Foundations And Their Benefits, Melvin S. Flechner

Nebraska Law Review

Sound tax planning does more than minimize taxes. It permits the saving of current income and the accumulation of capital, thereby conserving the fruits of labor for future use. Taxpayers in the higher brackets consider control more important than ownership. This control plus the ability to accumulate more dollars can be accomplished by the use of a foundation. A foundation is a non-profit institution established to accumulate and use funds for the purpose or purposes that the founder or founders deem worthy. Congress, after careful review of this type of organization, deemed it sufficiently valuable and important to the general …

Criminal Procedure—Discovery Practice In Nebraska, Alfred W. Blessing

Nebraska Law Review

Determining the guilt or innocence of the accused is one of the ultimate purposes of any criminal proceeding. To accomplish this purpose it is necessary to attempt a reconstruction of what occurred in the past. Hence, the function of a trial is to bring to light all of the facts which are relevant to the alleged crime or defenses which are the subject of the trial. Formerly the “sporting” theory of justice was widespread, and under it the fact-finding processes of the courts took on some of the aspects of an athletic contest. These were truly adversary proceedings, sometimes to …