Digital Commons Network^™

Recent Cases: Due Process — Self-Incrimination — Unreasonable Search And Seizure — Blood Tests In Evidence, Robert Berkshire

Nebraska Law Review

Defendant was injured in an automobile accident and while unconscious a blood sample was taken by a hospital attendant for the purpose of typing the defendant's blood for a transfusion. One of the five centimeters removed was given to a lab technician for analysis. The alcohol content measured .180. This was admitted as evidence when the defendant was prosecuted in a state court for driving while intoxicated. Held: the taking of blood from an unconscious person does not violate rights guaranteed by the Fourteenth Amendment.

The Supreme Court of the United States has held that the Fourteenth Amendment does not …

Recent Cases: Military Law — Court Martial Jurisdiction Over Civilians, Robert E. Johnson Jr.

Nebraska Law Review

A civilian was arrested in Pennsylvania by the military police. Without any hearing before a civil court as to the sufficiency of the charge, he was taken to Korea to face a military court on charges of murder committed while serving with the army in Korea. He petitioned for a writ of habeas corpus challenging the constitutionality of article 3(a) of the Uniform Code of Military Justice authorizing the arrest of civilians for crimes committed before discharge and the legality of the procedure followed in his apprehension and removal to Korea. Held: although the question of the constitutionality of article …

Book Reviews: Effective Legal Research, By Miles O. Price And Harry Bitner, New York: Prentice-Hall, Inc., 1953, Richard C. Dahl

Nebraska Law Review

While books on legal research differ as to aim and purpose, most can be classified and judged in terms of how they function as a teaching tool, a ready reference manual, or a comprehensive treatise. It is in this last function, that of being a comprehensive treatise on the subject of law books, that this work is most successful. One might well expect such men as Miles Price and Harry Bitner to utilize their long experience as librarians of Columbia University Law Library to produce a fine treatise. They have exceeded such expectation and produced a work that is accurate, …

Table Of Contents, Vol. 33, No. 4, May 1954

Nebraska Law Review

No abstract provided.

[The Error Of Citing As Authority A Reversed Or Distinguished Case]

Nebraska Law Review

Excerpt from address by the Honorable Pat McCarran, United States Senator from Nevada, in the United States Senate as reported in the Congressional Record for January 20, 1954 (Vol. 100, No. 10, page 498)

"It is bad enough to make the mistake which young and inexperienced lawyers sometimes make, of citing a case which has been reversed or distinguished, without knowledge that it has been so reversed or distinguished. That kind of mistake can only be made by a lawyer who has failed to Shepardize his cases.

"Perhaps I should explain the word 'Shepardize' for the benefit of those of …

A Case On Appeal — The Advocate's Point Of View, Clarence A. Davis

Nebraska Law Review

This is a subject which so distinguished an advocate as John W. Davis has characterized as "well-worn," and if there can be any justification for my discussing it with you today, it must lie in such applicability as I may make to our local courts in Nebraska, or in such things as I may say to the younger lawyers who have not yet had the time (or to the older ones who have not had the diligence) to read some of the tremendous literature that exists on the subject. When Judge Goodrich, John W. Davis, Mr. Justice Jackson, Chief Justice …

Labor Political Action And The Taft-Hartley Act, Don M. Chang

Nebraska Law Review

With organized labor's growth in numerical strength and ascendancy in economic power came increased participation and effectiveness in political action. Efforts to advance the welfare of its members have been coordinated with vast political programs designed to effect broad national policy. For successful implementation of labor's economic programs depends on the fashioning of a legal climate favorable to the collective bargaining process.

However, while there has been development of striking proportions over the past century in this area, certain factors have presented and continue to present serious difficulties in effectuating planned political action. Primary among these are socio-economic factors — …

Caveat Promissee: Nebraska’S “New Consideration” Test And The Anachronistic Statute Of Frauds, Henry M. Grether

Nebraska Law Review

Nearly a quarter of a century ago Professor Maurice H. Merrill made an exhaustive and analytical study of the Nebraska cases regarding suretyship. Reading his work on this subject leads to the conclusion that in most instances the rules of suretyship in Nebraska followed the views expressed by a majority of the other states and text writers. One of the areas in which Professor Merrill discovered confusion and need for greater clarity concerned the so-called "leading object" or "main purpose" rule, a doctrine which will take out of the Statute of Frauds a promise to answer for another's debt. Professor …

Bills And Notes — Negotiability By Contract Under The Uniform Commercial Code, Robert S. Hinds

Nebraska Law Review

Negotiability by contract is nothing more than a phrase used to denote an attempt to create the effects of negotiability on non-negotiable contracts. The usual provision found to impart such negotiability is an agreement in an otherwise non-negotiable contract that the obligor will not assert defenses of fraud, duress, mistake, lack of consideration, failure of consideration, or any other defense against a bona fide assignee of the contract.

There would seem to be no reason why the attributes of negotiability should not be added to otherwise non-negotiable contracts so long as the parties have clearly expressed their intention that the …

Oil And Gas Reservations, William H. Grant

Nebraska Law Review

A recent Nebraska case, Elrod v. Heirs, Devisees, etc., presents for the first time in Nebraska the interesting question of the validity and effect of a reservation of an interest in oil and gas contained in a grant or conveyance of land. The purpose of this comment is to examine the validity and effect of various types of oil and gas reservations.

Reservation of "Minerals" …

Repugnancy …

Reservation or Exception? …

Rights of the Grantor …

Conveyance for Limited Purpose …

Corporations — Status Of Nonvoting Stock In Nebraska, Claire D. Johnson

Nebraska Law Review

The Supreme Court of Nebraska has never had occasion to determine whether or not nonvoting preferred stock may be issued by a corporation in this state. The answer to this problem must depend upon the meaning of Article 12, section 5 of the Nebraska Constitution, which states:

“The Legislature shall provide by law that in all elections for directors or managers of incorporated companies every stockholder shall have the right to vote in person or proxy for the number of shares owned by him, for as many persons as there are directors or managers to be elected or to cumulate …

Eminent Domain — Interest Of The Condemnee In Mineral Rights, Charles J. Burmeister

Nebraska Law Review

In 1920 the Oklahoma Legislature passed an act authorizing condemnation of forty acres of land "for State Capitol building purposes." Defendant condemnee was paid $80,000 for land condemned pursuant to the Act. Sixteen years later, defendant condemnee executed an oil and gas lease to the defendant Jones. The question of whether the mineral rights passed from the condemnee to the state immediately came of issue. In an action brought by the State to quiet title it was held that the State acquired a full fee title when the land was condemned, so the defendant condemnee retained no· rights in the …

Creditors And The Nebraska Statutes, Robert H. Berkshire

Nebraska Law Review

The interests of creditors in their debtor's property have been protected since The Statute of 13 Elizabeth and Twyne's Case, but the problem as to which creditors are protected has resulted in varied and conflicting results, depending upon the transaction involved, the wording of the statute, and the interpretation of the statute by the court. Whether a creditor falls within the meaning of the particular statute usually depends upon when he became a creditor, and whether he has a lien by attachment or execution. Statutes protecting creditors by giving them rights in their debtor's property can be divided into two …

Book Reviews: The Sex Paradox: An Analytical Survey Of Sex And The Law In The United States, By Isabel Drummond, New York: G. B. Putnam's Sons, 1953, James M. Reinhardt

Nebraska Law Review

In the language of the author: The'' ... sole purpose of this book is educational. It is directed to the attention of that sector of the adult reading public, which can materially aid the cause of good government and good citizenship where sexual matters are concerned .... " The lofty intent is endowed with an obliging confidence in man's readiness to act wisely if only he knows how. This book aims to help him to know how " ... by affording ... the opportunity of acquiring-and therefore imparting-some of the information necessary to guide the voting citizens toward needed reforms …

Indexes To Volume 33, 1954

Nebraska Law Review

Index by Authors

Index by Titles

Index — Digest

Damages—Additur And Its Use In Nebraska, James W. Hewitt

Nebraska Law Review

A recent Nebraska case, outlining the present law on remittitur, evokes a discussion of additur. Additur is the procedural opposite of remittitur. It has been rarely invoked in Nebraska, but the possibility of its use presents a question of general interest.

I. How is additur used?

II. Why additur?

III. Constitutional problems

Conclusion

The Key To Good Storage In Your Home : Extension Circular 11-121-2, Elsie Delunger

Nebraska 4-H Clubs: Historical Materials and Publications

This 4-H circular is part II of The Key to Good Storage in your Room. This circular evaluates storage issues throughout your house. It goes through each room or space in your house and suggests ways to store the contents of that space to make it more attractive.

Nebraska Plant Disease 4-H Club Manual : Extension Circular 19-01-2, John L. Weihing

Nebraska 4-H Clubs: Historical Materials and Publications

This 4-H extension circular, EC 19-01-2, EC 19012, is used for the Nebraska Plant Disease Club manual. Members of the 4-H plant disease club will learn to recognize the usual signs or symptoms of several types of disease, to collect, preserve and classify disease samples and specimens, to exhibit these specimens at public events such as fairs and to demonstrate methods for control of plant disease.

An Analysis Of Divorce In Nebraska, Kenneth L. Cannon

Nebraska Agricultural Experiment Station: Historical Research Bulletins

Each year the State of Nebraska compiles and publishes a considerable amount of data on marriage and divorce. An analysis of these data-such as a study of the extent, increase, and rate of divorce-offers a factual basis for determining how the family is faring in certain important aspects. Some indication of the probabilities of divorce may also be gained. The areas in a state where family breakdown is least and most pronounced may be located, and by comparing these areas, factors associated with high rates of divorce may be determined. The location of the areas may point out where research …

4-H Demonstrations; Extension Circular 0-05-2

Nebraska 4-H Clubs: Historical Materials and Publications

Purpose and instructions for 4-H demonstrations.

Nebraska 4-H Beef Breeding Heifer Manual : Extension Circular 2-41-2, W A. Buchanan

Nebraska 4-H Clubs: Historical Materials and Publications

Table of Contents

introduction                                                                                   .
Grade   or   Registered     Cattle
Which  Breed
Angus
Hereford
Shorthorn
Polled   Shorthorn,     Polled   Herefords
Terms,     Parts    of  Animal,    Score   Card.
Parts    of  Beef  Heifer
Score   Card
Selecting    Your   Breeding    Stock E·quipment

Cattle   Feeds   and   Feeding   
Winter   Rations   for   Calves·
Summer    Feeding    Program Feed   for    Bred   Heifer Feeding    the   Cow  and   Calf Winter  
Rations   for   Cow Good  Pasture
Dry    Roughage
Graips    and   Concentrates
Breeding    Calving   and   Management    Practices Analyses    9f  Common   Feeds                 
                . Digestive    Troubles,       Diseases     and   Parasites Fitting   and   Showing
 Breeding    Heifer    . Marketing    Beef  Cattle    .   .   .   .   .   .   .   .

My First 4-H Beef Calf : Extension Circular 2-60-2

Nebraska 4-H Clubs: Historical Materials and Publications

Answers all questions in regards to the beef -calf project for beginners.

North American Prairie, J. E. Weaver

Papers of John E. Weaver (1884–1956)

TO MOST AMERICANS, the word "Prairie" suggests either a romantic element in pioneer fiction or a vast expanse of level land which must be crossed in going from one coast to another. But to the botanist, the American Prairie is a wonderfully complex society of living organisms.

This book tells the story of that society-the variety of its inhabitants; the constitution of its several communities; the internal struggles for domination of the society; and the battles of the Prairie as a whole against its two most vicious enemies, drought and overgrazing. Most striking, perhaps, is the story of that portion …

The Growth Of Pathogenic Bacteria In Soluble Oil Emulsions, Hilliard Pivnik, W.E. Engelhard, T.L. Thompson

Papers in Microbiology

Mineral oils, when emulsified with materials such as soaps of petroleum sulfonates, fatty acids, abietic acid or resin, are referred to as soluble oils. These oils, mixed with water, form stable emulsions which are universally employed as coolants and lubricants for drilling, cutting, and grinding of metals. In addition to the emulsifying agent, soluble oils may also contain fatty oils, disinfectants and emulsion stabilizers.
The oils supplied by the manufacturer are sterile, but when mixed with water in the machine shop they support microbial growth (Duffet et al., 1943; Fabian and Pivnick, 1953; Lee and Chandler, 1941; Page and Bushnell, …

Rb54-175 Farm Family Housing Needs And Preferences In Nebraska, Virginia Y. Trotter, Margaret I. Liston

University of Nebraska-Lincoln Extension: Historical Materials

Some farm families in Nebraska want to build new houses. Many others are planning to remodel. These families will be asking architects, engineers, builders, contractors, and dealers for plans that meet their needs. Thus, farmhouse plans should be developed that provide for the basic needs of all farm families and that are adaptable to special requirements of some families.

This 1954 bulletin reports the results of a survey of Nebraska farm family preferences, activities and possessions as they are related to housing needs. The study was part of a cooperative research project for the improvement of farm family housing in …

Ec1571 Practical Housefly Control, Ephriam Hixson, Robert E. Roselle

University of Nebraska-Lincoln Extension: Historical Materials

Extension circular 1571 discusses practical housefly control.

Ec1568 Horn Fly Control With Cable Back-Rubbers, Robert E. Roselle

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular discusses horn fly control with cable back-rubbers.

Ec1730 Treating Christmas Trees To Reduce Fire Hazard

University of Nebraska-Lincoln Extension: Historical Materials

Extension circular 1730. This circular teaches how to treat Christmas trees in a way that will reduce fire hazard.

Ec2019 Rural Youth : Officers Training And Program Planning Manual, Frank Sibert

University of Nebraska-Lincoln Extension: Historical Materials

E.C. 2019. This circular is about the responsibility of the officers in the Rural Youth Program. It also talks about meeting conduction, program development, and program content.

Cc119 Planned Storage For Easier Housekeeping : Mixing Center, Clara Leopold

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular CC119 This circular is about planned storage for easier housekeeping such as how to organize mixing center.