The Nebraska Law Review

The Economic Characteristics of Indigenous Property Rights: A Canadian Case Study

Dwight Newman

Property rights of Indigenous communities have far-reaching effects, impacting general economic prosperity, the ability to contract outside the community, and resource development. This Article focuses on title rights held by Canadian Indigenous communities, but the analysis and concepts have direct practical relevance to Indigenous communities elsewhere.

Separation of Powers and the Class Action

Mark K. Moller

The federal court system’s increasing hostility toward class action certification has resulted in tens of thousands of individual cases winding up in state courts. This Article analyzes the new way of thinking about litigant autonomy in this “post-class-action” era.

Rethinking Counterterrorism in the Age of ISIS: Lessons from Sinai

Sahar F. Aziz

Failing states serve as havens for violent extremist groups to grow and spread, yet Western nations continue to limit their counterterrorism practices to merely preventing violence on their soil. Egypt’s Sinai Peninsula serves as a valuable case study for rethinking counterterrorism methods in the age of ISIS.  

Book Review

David Dow

Modern Trials. By Melvin M. Belli. Indianapolis: The Bobbs-Merrill Company, Inc., 1954. 2763 pp. $50.00

The Journalist and His Confidential Source: Should a Testimonial Privilege Be Allowed

W. D. Lorensen

Introduction

The Basis for a Privilege

The Current Law

When Is the Public Benefited?

When Should This Privilege Be Denied?

When Is There No Public Benefit?

When Does Detriment Outweigh Benefit?

Conclusion

Professional Liability

Earl Cline

The subject of this article, “Professional Liability,” is very broad and could include not only malpractice liability but also other liabilities of the physician and surgeon. Instead of attempting to discuss so broad a field, it will be confined to the subject of liability for malpractice and trespass and particularly recent trends in court decisions relating to the liability of the physician and surgeon therefor.

Special Findings and Special Verdicts in Nebraska

Gerald E. Matzke

Introduction

Special Findings and Special Verdicts Defined

Advantages and Purposes of Special Findings of Fact

Some Aspects of the Law Governing the Use of Special Findings … I. Discretion of the Trial Judge … II. Drafting Interrogatories Requiring Special Findings … III. Effect of Special Findings of Fact Which Are in Conflict with the General Verdict … IV. Effect of Failure of Jury to Make Special Findings of Fact in Answer to Interrogatories Submitted by Trial Court … V. Special Findings and the Five-Sixths Verdict

Conclusion

Books Received

Crime, Courts, and Probation. By Charles Lionel Chute and Marjorie Bell. New York: The MacMillan Company, 1956. Pp. 268. $4.75.

Marriage Happiness or Unhappiness. By Judge Tom R. Blaine. Philadelphia, Pennsylvania: Dorrance & Company, Inc., 1955. Pp. 197. $2.50.