Municipal Home Rule, a Progress Report?
Arthur B. Winter
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 … 4. Streets and Parking Lots
III. Conclusions
Federal Loyalty-Security Removals, 1946–1956
Robert J. Morgan
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
Nebraska Corporation Law, a Statutory Jungle
Roland A. Luedtke
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 … 10. Matters Involving Voluntary Dissolution … 11. Recent Legislative Alterations … B. Nonprofit Corporation without Capital Stock … 1. The 1929 Nonprofit Corporation Act … 2. Hospital Service Corporations … 3. The General Nonprofit Corporation Law of Nebraska … C. Foreign Corporations … 1. What Constitutes “Doing Business” in Nebraska … 2. Enforcement of Contracts … 3. Statutory Service of Process upon Secretary of State … D. Cooperative Companies … 1. General Provisions … 2. Cooperative Credit Associations … 3. Cooperative Land Companies … 4. Nonstock Cooperative Marketing Companies … E. Occupation Tax … 1. Nature of the Tax … 2. Common Errors and Omission in Annual Reports … 3. Penalty Remission … 4. Permissive Filing of Tax Lien by Secretary of State … 5. Dissolution for Nonpayment of Occupation Taxes … F. Corporations Not Included under General Corporation Laws … 1. Bridge Companies … 2. Real Estate Corporations … 3. Charitable and Fraternal Societies … 4. Educational Institutions … 5. Religious Societies .. 6. Nonprofit Professional and Similar Associations … 7. Burial Associations … 8. Fontenelle Forest Association … 9. Union Depot Companies … 10. Credit Unions … 11. Membership Corporations and Associations … 12. Corporate Bodies Not in Chapter 21
IV. [III.] Summary and Conclusions
The Right to Change Defense or Claim by Amendments to the Pleadings
John C. McElhaney
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
Duty of Farm Tractor Operators to Infant Passengers
Duane L. Nelson
I. Operator’s Status as Occupier of Land
II. Applicability of the Guest Statute
III. Conclusion
Reciprocal Trusts—A Tax Avoidance Device with Recuperative Powers
Philip G. Johnson
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
Stolen Profits: Civil Shoplifting Demands and the Misuse of Neb. Rev. Stat. § 25–21,194
Ryan P. Sullivan et al.
I. Introduction
II. Background ... A. Civil Shoplifting Statutes Generally ... 1. General Authority and Amount Recoverable ... 2. Civil Demand Letters ... 3. Collection of Damages and Penalties Under Civil Shoplifting Statutes ... B. An Overview of Nebraska’s Civil Shoplifting Statute ... 1. The Origins of Nebraska’s Civil Shoplifting Statute ... 2. The Statute as Amended ... 3. Limits on Pre-Litigation Demands Under Neb. Rev. Stat. § 25–21,194 ... a. General Loss-Prevention Costs ... b. Anticipated Litigation Expenses
III. Advising the Client ... A. Pay the Demand ... B. Ignore the Demand ... 1. Defending a Claim ... 2. Liability for Attorney’s Fees ... 3. Impact on Credit Rating ... C. Affirmative Legal Challenges ... 1. Federal Challenges ... a. Fair Debt Collections Practices Act … b. Racketeering Influenced and Corrupt Organization Act ... 2. Nebraska Consumer Protection Act ... a. Standing to Sue Under the NCPA ... b. Unfair or Deceptive Business Practice ... c. Trade or Commerce ... d. Affecting Public Interest ... 3. Declaratory Judgment
IV. A Call to Action ... A. Legislative Repeal ... B. Legislative Amendment ... C. Education and Enforcement
V. Conclusion
Generally Applicable Law and the Free Exercise of Religion
Douglas Laycock et al.
I. Introduction
II. Free Exercise of Religion in the Age of Smith
III. Two Requirements with Distinct Content ... A. Neutrality ... B. General Applicability
IV. Elaborating General Applicability ... A. Arguments for Minimizing the Requirement of General Applicability: Stormans v. Wiesman ... B. Reasonable Exceptions ... C. Circular Categories and Circular Government Interests ... D. Secular Exceptions Not Stated in the Law’s Text ... E. Rules That Apply to Most but Not All Analogous Secular Conduct ... F. Laws with a Single Secular Exception That Undermines the State’s Interests
V. Underlying Reasons ... A. Value Judgments about Religion ... B. Vicarious Political Protection for Religious Minorities ... C. The Level of Protection
VI. Conclusion
Evidence—The Uniform Business Records as Evidence Act Applied to Medical Records
Howard E. Tracy
In Fries v. Goldsby, decided in December 1956, the Nebraska Supreme Court held, inter alia, that a chiropractor’s permanent record of plaintiff’s history, examination, diagnosis, care, and treatment were not admissible into evidence under the Uniform Business Records as Evidence Act. Because the court treated the chiropractor as an expert in his field, this holding probably applies to other medical witnesses who testify as experts in their fields of knowledge. Thus, the court has seemingly held that the permanent records of physicians, surgeons, and dentists do not fall within the purview of the Uniform Act. This note is a discussion of that holding.
Jerome Frank’s Attack on the “Myth” of Legal Certainty
Julius Paul
One of the significant contributions of contemporary American legal realism has been the discussion of the origins, purpose, and efficacy of legal rules. Some writers have been extremely critical of the worship of legal rules and of the feeling by the lay public that rules can provide exactness and certainty in the law. Jerome Frank has been the most noteworthy exponent of this view, particularly in his pioneer book, Law and the Modern Mind, published in 1930.
Frank would be the last person to deny the existence and the utility of legal rules. Yet, his attack on those writers who see only the legal rules and nothing else as law (especially the late Professor Joseph Beale) has led some writers to believe that Frank wanted a legal system that operated on a purely pragmatic basis. Frank fervently denies this accusation and says that men like Gray, Wigmore, and Judge Cuthbert Pound expressed similar doubts about the prediction value of legal rules and precedents.