The Nebraska Law Review

Special Findings and Special Verdicts in Nebraska

Gerald E. Matzke


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


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.

Present Status of Suretyship Defenses of an Accommodation Maker

Bob Baumfalk


I. Patent of Latent Sureties

II. Extension of Time … A. The Majority Rule … B. The Minority View … C. Statutory Variations … D. Criticism of the Majority and Minority Views … E. The Uniform Commercial Code

III. Release of Collateral . . . A. Under the Negotiable Instruments Law … B. The Uniform Commercial Code


The Final Judgment Rule and Appellate Review of Discovery Orders in Nebraska

William H. Sherwood et al.

In Lund v. Holbrook the Nebraska Supreme Court held that no appeal could be taken until after final judgment from an order requiring a party to turn over documents to his opponent for inspection and copying. The basis for the decision was a statute limiting the appellate jurisdiction of the supreme court to the review of a “judgment rendered or final order.” “Final order” is defined by statute as one which “ . . . in effect determines the action and prevents a judgment.” The same rule would undoubtedly by applied to any other discovery order in Nebraska.

Full Faith and Credit—Fraud in Procurement of Personal Service—Divorce—Domicile

Floyd A. Sterns

If some future savant should perchance decipher the remains of any law review, he is almost certain to discover an article on full faith and credit, migratory divorce, and sundry allied problems of jurisdiction, domicile, service of process, and res judicata.

This inquiry is but another attempt to state what part of the law in this area may be at the present time with particular reference to a recent Nebraska case, zenker v. zenker, which raises some interesting questions regarding the never, never land of full faith and credit.

Muddying the Water, Clearing the Way . . . for Judicial Review of Clean Water Act Jurisdictional Determinations: Hawkes Co. v. U.S. Army Corps of Engineers, 782 F.3d 994 (8th Cir. 2015)

Taylor Fritsch

I. Introduction

II. Background ... A. The Clean Water Act’s Jurisdictional Uncertainty … B. Recent Regulatory Action ... C. Issues ... D. “Final Agency Action” ... 1. The Bennett Test of Final Agency Action ... 2. Sackett v. EPA Opens the Door ... E. Ripeness

III. Hawkes Co. v. U.S. Army Corps of Engineers ... A. Facts and Administrative History ... B. District Court Decision ... C. Eighth Circuit’s Opinion and Holding ... D. Judge Kelly’s Concurring Opinion

Bussing v. COR Clearing, LLC, 20 F. Supp. 3d 719 (D. Neb. 2014): Preserving the Right to Tell Your Employers What They Do Not Want to Hear

Kelsey E. B. Knoer

Should internal whistle-blowers be awarded the anti-retaliation protections under Dodd-Frank? This Note analyzes how the Federal District Court for the District of Nebraska's interpretation of anti-retaliation provision will preserve the integrity of whistle-blowing programs and protect those employees most in need of protection from retaliation.

The Animal Welfare Act at Fifty: Problems and Possibilities in Animal Testing Regulation

Courtney G. Lee

I. Introduction

II. Background of the Animal Welfare Act ... A. Enactment and Evolution ... B. Early Amendments ... C. Improved Standards for Laboratory Animals Act of 1985 ... D. Institutional Animal Care and Use Committees ... E. IACUC Effectiveness

III. Coverage of the AWA ... A. What Is an “Animal” under the AWA? ... B. Legislative Background of the Definition ... C. Sentience of Unprotected Species

Al Maqaleh and the Diminishing Reach of Habeas Corpus

Rehan Abeyratne

I. Introduction

II. Al Maqaleh: Background and Procedural History … A. Facts of the Case ... B. The Four Major Opinions ... 1. Al Maqaleh I ... 2. Al Maqaleh II ... 3. Al Maqaleh III ... 4. Al Maqaleh IV