Nebraska Supreme Court Review

Nebraska Law Review takes pride in presenting the fourth annual Supreme Court Review. This section is devoted to analyses of recent Nebraska decisions of first impression or landmark rulings which substantially alter a particular area of case law in Nebraska. This section is devoted to the practitioner and intended to provide attorneys with a comprehensive study of selected case holdings and an analysis of how these decisions relate to previous Nebraska decisions and the case law of other jurisdictions. These cases discussed here were decided in the September term 1970 and the January term 1971. This section does not include those cases which are or may become the subjects of individual casenotes. Thus all recent important decisions are not contained herein. I. Constitutional Law … A. Constitutionality of Nonresident Tuition Statute II. Criminal Law … A. Coerced Consent and Standing to Challenge Search … 1. Consent … 2. Standing … B. Photographic Identification … C. Probable Cause … D. Withdrawal of Guilty Plea … 1. The Facts in Johnson … 2. The Nebraska Approach to Withdrawal of Guilty Pleas … 3. The Federal Approach … 4. The ABA Approach … 5. Comparison of Various Approaches III. Property … A. Restraint on Alienation IV. Secured Interests … A. Waiver of Security Interest V. Torts … A. Strict Liability … 1. History of Products Liability … 2. Products Liability Cases in Nebraska … 3. Strict Liabilit

Effective mass theory of monolayer \delta-doping in the high-density limit

Monolayer \delta-doped structures in silicon have attracted renewed interest with their recent incorporation into atomic-scale device fabrication strategies as source and drain electrodes and in-plane gates. Modeling the physics of \delta-doping at this scale proves challenging, however, due to the large computational overhead associated with ab initio and atomistic methods. Here, we develop an analytical theory based on an effective mass approximation. We specifically consider the Si:P materials system, and the limit of high donor density, which has been the subject of recent experiments. In this case, metallic behavior including screening tends to smooth out the local disorder potential associated with random dopant placement. While smooth potentials may be difficult to incorporate into microscopic, single-electron analyses, the problem is easily treated in the effective mass theory by means of a jellium approximation for the ionic charge. We then go beyond the analytic model, incorporating exchange and correlation effects within a simple numerical model. We argue that such an approach is appropriate for describing realistic, high-density, highly disordered devices, providing results comparable to density functional theory, but with greater intuitive appeal, and lower computational effort. We investigate valley coupling in these structures, finding that valley splitting in the low-lying \Gamma band grows much more quickly than the \Gamma-\Delta band splitting at high densities. We also find that many-body exchange and correlation corrections affect the valley splitting more strongly than they affect the band splitting

Eye contact modulates facial mimicry in 4-month-old infants: an EMG and fNIRS study

Mimicry, the tendency to spontaneously and unconsciously copy others' behaviour, plays an important role in social interactions. It facilitates rapport between strangers, and is flexibly modulated by social signals, such as eye contact. However, little is known about the development of this phenomenon in infancy, and it is unknown whether mimicry is modulated by social signals from early in life. Here we addressed this question by presenting 4-month-old infants with videos of models performing facial actions (e.g., mouth opening, eyebrow raising) and hand actions (e.g., hand opening and closing, finger actions) accompanied by direct or averted gaze, while we measured their facial and hand muscle responses using electromyography to obtain an index of mimicry (Experiment 1). In Experiment 2 the infants observed the same stimuli while we used functional near-infrared spectroscopy to investigate the brain regions involved in modulating mimicry by eye contact. We found that 4-month-olds only showed evidence of mimicry when they observed facial actions accompanied by direct gaze. Experiment 2 suggests that this selective facial mimicry may have been associated with activation over posterior superior temporal sulcus. These findings provide the first demonstration of modulation of mimicry by social signals in young human infants, and suggest that mimicry plays an important role in social interactions from early in life. [Abstract copyright: Copyright © 2018 The Author(s). Published by Elsevier Ltd.. All rights reserved.

Towards an integrative, eco-evolutionary understanding of ecological novelty: studying and communicating interlinked effects of global change

Global change has complex eco-evolutionary consequences for organisms and ecosystems, but related concepts (e.g., novel ecosystems) do not cover their full range. Here we propose an umbrella concept of “ecological novelty” comprising (1) a site-specific and (2) an organism-centered, eco-evolutionary perspective. Under this umbrella, complementary options for studying and communicating effects of global change on organisms, ecosystems, and landscapes can be included in a toolbox. This allows researchers to address ecological novelty from different perspectives, e.g., by defining it based on (a) categorical or continuous measures, (b) reference conditions related to sites or organisms, and (c) types of human activities. We suggest striving for a descriptive, non-normative usage of the term “ecological novelty” in science. Normative evaluations and decisions about conservation policies or management are important, but require additional societal processes and engagement with multiple stakeholders

Informing the Australian government on at policy: ARATA's experience

For consumers of AT to achieve successful outcomes, AT practitioners, suppliers and other stakeholders need underlying policy and resourcing environments which enable them to provide their services effectively. This paper describes the process used by the Australian Rehabilitation and Assistive Technology Association (ARATA) for developing and disseminating an evidence-based Policy Statement and Background Papers on Assistive Technology for Australians. The process was conducted by an experienced team and included literature reviews and member consultations, followed by a policy launch, advocacy strategy and meetings with government officials. In ARATA's experience, developing a policy statement and disseminating it through a targeted advocacy strategy is an effective way for a non-profit professional organization to influence government policy

Informing the Australian government on AT policies: ARATA's experiences

This article describes the development and dissemination of an evidence-based Policy Statement and Background Papers by the Australian Rehabilitation and Assistive Technology Association (ARATA). An experienced project team was engaged to conduct literature reviews and member consultations, develop resources and implement a targeted advocacy strategy that included a policy launch and meetings with government officials. The Policy Statement and Background Papers have enabled ARATA to represent the views of Assistive Technology (AT) Practitioners in consultations around the National Disability Insurance Scheme and other AT-related inquiries. In ARATA's experience, developing a policy statement and disseminating it through a targeted advocacy strategy is an effective way for a not-for-profit professional organisation to influence government policy