Digital Commons Network^™

State Of Utah V. Rickie L. Reber, Tex William Aatkins, & Steven Paul Thunehorst : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

OPENING BRIEF OF RESPONDENTS AND CROSS-PETITIONERS ON WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS

The Whistleblower Provision Of Sarbanes-Oxley: Discerning The Scope Of "Protected Activity", Robert P. Riordan, Leslie E. Wood

Hofstra Labor & Employment Law Journal

No abstract provided.

The Ethical Importance Of Being Human: God And Humanism In Levinas's Philosophy, Pat J. Gehrke

Faculty Publications

No abstract provided.

The Community Arts As A Community Development Strategy : A Look Into Community Arts Festivals, Arlene D. Eidukas

Capstone Collection

"Creativity is one of the last remaining legal ways of gaining an unfair advantage over the competition" -Ed McCabe My background is in the Arts. I see art, the creation of it and its process of creation, as a way of keeping records of ones life. For many artists, it is the way they mentally, physically, spiritually, and economically sustain themselves. This knowledge has led me to investigate if the power of art can do that as well for communities which may need help in building bonds amongst their inhabitants and economic stability. Many development agents have focused primarily on …

Great American E&S Insurance Company V. Dallas W. Peters And Brandon Knuteson Individually And On Behalf Of Mary Lynn Knuteson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

ADDENDUM TO BRIEF OF APPELLANTS, DALLAS W. PETERS and BRANDON KNUTESON, individually and on behalf of MARY LYNN KNUTESON, an incompetent adult On appeal from the final judgment of the Third Judicial District Court for Salt Lake County, Honorable L.A. Dever, District Judge

Boyd P. Anderson And Marilyn S. Anderson, Petitioners, Appellants, V. Allen E. Olsen, Respondent, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BOYD P. ANDERSON and MARILYN S. ANDERSON, Petitioners / Appellants V. ALLEN E. OLSEN Respondent / Appellee BRIEF OF APPELLEE Appellate Case No. 20060394-CA APPEAL FROM SIXTH DISTRICT COURT, SANPETE COUNTY, UTAH JUDGE DAVID L. MOWER

The Presence, Prevalence And Antibiotic Resistance Of Microbes In The Pamunkey River Basin, Christina Mcdowell

Honors Theses

This project examined the presence, prevalence and antibiotic resistance of Coliforms (mainly Escherichia coli), Staph/occocus aureus, fecal Streptococcus, andEnterobacteriacae found in the water samples taken from three selected sites on the North Anna, South Anna, and Little Rivers of the Pamunkey River Basin. The diversity and concentration of the microbes isolated from these sites was evaluated in late January and late March allowing for a comparison of the occurrence of microbes at different times and between the different sites. Over the course of two months the concentration of colonies increased based on colony counts from Nutrient agar. The rate of …

Michael P. O'Connor, An Individual, Plaintiff And Appellant, V. Gary W. Burningham, Jeanna Burningham, Sandy Phillips, Ruby Ray, Drew Downs, Curt Parke, Julie Parke, Mike Powell, Barbara Powell, Steve Davis, Jan Davis, Todd Kirkpatrick, Sue Chandler, Dallie Haderlie, Wendy Haderlie, Sheldon Worthington, John C. Rogers, Kenny Norris, Robyn Norris, Will Sunderland, Darlene Durrant, Blair Swenson, Robert T. Price, Kim M. Price, Kent Beckstead, Suzanne Beckstead, Lisa Gray, John Jex, Jessica Jensen, Jeff Burningham And John Does 1-50, Defendants And Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

MICHAEL P. O'CONNOR, an individual, Plaintiff and Appellant, v. GARY W. BURNINGHAM. JEANNA BURNINGHAM. SANDY PHILLIPS. RUBY RAY. DREW DOWNS. CURT PARKE. JULIE PARKE. MIKE POWELL. BARBARA POWELL. STEVE DAVIS. JAN DAVIS. TODD KIRKPATRICK. SUE CHANDLER. DALLIE HADERLIE. WENDY HADERLIE. SHELDON WORTHINGTON, JOHN C. ROGERS. KENNY NORRIS. RQBYN NORRIS. WILL SUNDERLAND. DARLENE DURRANT. BLAIR SWENSON, PAULA SWENSON, ROBERT T. PRICE. KIM M. PRICE. KENT BECKSTEAD. SUZANNE BECKSTEAD. LISA GRAY. JOHN JEX. JESSICA JOHNSEN. JEFF BURNINGHAM. and JOHN DOES 1-50, j Defendants and Appellees. | APPELLANT BRIEF Case No. 20060090 Subject to reassignment to the Court of Appeals

Richard Specht V. Town Of Big Water, A Utah Political Subdivision : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT APPEAL FROM THE SIXTH DISTRICT COURT OF KANE COUNTY - DISTRICT COURT JUDGE WALLACE A. LEE.

The Effects Of P53 Status And Egf On Timp-2 And Other Proteins Related To Migration In Human Glioblastoma Cell Cultures, Lisa M. Lint

Honors Theses

The effects of epidermal growth factor (EGF) on proteins that have been implicated in the migration of the Grade IV brain tumor, glioblastoma multiforme, were investigated in this study. Differential expression levels of TIMP-2, MMP-2, and MT1-MMP in response to EGF treatment were compared by immunoprecipitation, and immunoblotting. This study involved two different cultured glioma cell lines, U87, which expresses wild-type p53, and T98, which has a mutation in the p53 gene, in order to determine if the status of the p53 tumor suppression gene is a factor in the regulation of proteins involved in this migration pathway. It was …

Effect Of Prophylactic And Therapeutic Mitomycin C On Corneal Apoptosis, Cellular Proliferation, Haze, And Long-Term Keratocyte Density In Rabbits, Marcelo V. Netto, Rajiv R. Mohan, Sunilima Sinha, Ajay Sharma, Pankaj C. Gupta, Steven E. Wilson

Pharmacy Faculty Articles and Research

PURPOSE—To determine the mechanism through which topical mitomycin C prevents and treats corneal haze after photorefractive keratectomy (PRK) and to examine the effects of dosage and duration of exposure.

METHODS—In 224 New Zealand rabbits, −9.0 diopter PRK with mitomycin C or balanced salt solution was performed. Haze level was graded at the slit-lamp. Rabbits were sacrificed at 4 hours, 24 hours, 4 weeks, or 6 months after surgery and immunohistochemistry was performed with TUNEL assay, Ki67 and α-SMA.

RESULTS—TUNEL-positive apoptotic cells marginally increased in all mitomycin C groups whereas Ki67-positive mitotic cells decreased significantly following mitomycin C application. A greater …

Suspension Of Gametogenesis In Green Sea Urchins Experiencing Invariant Photoperiod, S. Anne Boettger, Michael G. Devin, Charles W. Walker

Biology Faculty Publications

No abstract provided.

Plant Paleoecology Of The Late Devonian Red Hill Locality, North-Central Pennsylvania, An Archaeopteris-Dominated Wetland Plant Community And Early Tetrapod Site., Walter L. Cressler Iii

Earth & Space Sciences Faculty Publications

The Late Devonian Red Hill locality in north-central Pennsylvania contains an Archaeopteris-dominated plant fossil assemblage, a diverse fossil fauna, and an extensive sedimentary sequence ideal for investigating the landscapes and biotic associations of the earliest forest ecosystems. Sedimentological analysis of the main plantfossil bearing layer at Red Hill indicates that it was a fl ood-plain pond. A seasonal wet-and-dry climate is indicated by well-developed paleovertisols. The presence of charcoal interspersed with plant fossils indicates that fi res occurred in this landscape.Fires appear to have primarily affected the fern Rhacophyton. The specifi city of the fires, the distribution profi …

Railroads Of West Chester: 1831 To The Present, James Jones

History Faculty Publications

No abstract provided.

The Effects Of Perceptions Of Crowding On Juror Attitudes And Decision-Making, Charles Short

HIM 1990-2015

Previous studies have explored the effects of crowding on non-human animals, human communities, human behavior, and differential effects on men and women. This area of research demands greater attention. Much of the existing work was performed in the 1970s and 80s. Further, it seeks to operationalize crowding only in terms of density. This study is premised on the idea set forth by Freedman that crowding is not merely the number of individuals per unit of space, but rather a subjective feeling. This thesis looks beyond density to find the effects of crowding on juror attitudes and decision-making. Participants were placed …

Forum, Volume 30, No. 1, Winter 2006, Florida Humanities Council, Barbara O'Reilley

FORUM: The Magazine of Florida Humanities

Contents: Humanities Alive! -- Folkvine Online -- Cracker -- America's First Cowmen -- King of the Crackers -- Patrick Smith's Journey into Florida -- When Fiction Becomes Fact -- Cracker Settlers Kept on Going -- Cracker Music -- The Houses that Crackers Built -- Cracker Cuisine -- He-Coons and Dogs that Hunt -- Gator Huntin' -- Listen to the Voice of the Heartland -- Crackers were Odd, but Good, Neighbors -- Watchin' out for Moonshiners in the 'Glades -- When the Artist Met the Cowman -- Ola Watkins

Challenging A Traditional Social Norm In A Second Grade Mathematics Classroom, Lisa Egendoerfer

Electronic Theses and Dissertations

In an attempt to examine classroom dialogue within a second grade classroom, I encouraged students to participate in mathematics discussions without needing to raise their hands before speaking. I challenged this traditional social norm and established sociomathematical norms as the study progressed. My study showed the effects of this change on the dialogue of students in my classroom. Focus was placed on the participation in classroom discussions when traditional social and sociomathematical norms were in place as well as when new norms were established. The study helped determine the effects of student-centered dialogue on conceptual understanding as demonstrated in the …

Working Memory, Search, And Signal Detection: Implications For Interactive Voice Response System Menu Design, Patrick Commarford

Electronic Theses and Dissertations

Many researchers and speech user interface practitioners assert that interactive voice response (IVR) menus must be relatively short due to constraints of the human memory system. These individuals commonly cite Miller's (1956) paper to support their claims. The current paper argues that these authors commonly misuse the information provided in Miller's paper and that hypotheses drawn from modern theories of working memory (e.g., Baddeley and Hitch, 1974) would lead to the opposite conclusion – that reducing menu length by creating a greater number of menus and a deeper structure will actually be more demanding on users' working memories and will …

The Effect Of Social Presence On Teacher Technology Acceptance, Continuance Intention, And Performance In An Online Teacher Professional Development Course, Jo Smith

Electronic Theses and Dissertations

The purpose of this study was to determine if the Technology Acceptance Model (TAM) could explain the relationship between teacher's acceptance of an online teacher professional development course and their continuance intentions regarding online teacher professional development (oTPD). This study focused on the perceptions of the teachers as opposed to the design or implementation of oTPD. The participants (N=517) were mostly teachers (88.8%) enrolled in a statewide online course to provide classroom teachers with the latest knowledge of research-based instructional reading strategies. The course was offered over a 10-14 week period during the Spring 2006 semester through a public state …

In Transition: An Activity Theoretical Analysis Examining Electronic Portfolio Tools' Mediation Of The Preservice Teacher's Authoring Experience, Rebecca Fiedler

Electronic Theses and Dissertations

Co-chairs: Dr. Donna Baumbach Dr. Gail West Background: Electronic portfolios are increasingly used to make critical decisions about teacher candidates and program accreditation. Adoption rates for portfolios are at nearly 90% for schools, colleges, and departments of education (Salzman, Denner, & Harris, 2002). Over 50% of institutions who rated themselves or were nominated by others as exemplary users of electronic portfolios use web-based database-driven electronic portfolio systems (Strudler & Wetzel, 2005b; Wetzel & Strudler, 2005b). There is a paucity of theory-driven, systematic, rigorous research on electronic portfolios and a need for in-depth, context-aware research on such initiatives. Purpose: To explicate …

A Focus Group Of Adolescent Haitian Immigrants: Factors Affecting Their Perceptions Of Academic Success In A Florida Public High School, Mercedes Pichard

Electronic Theses and Dissertations

The goal of this ethnographic research was to examine the perceptions of academic success of adolescent Haitian immigrant students who have arrived in the United States within the last five years and attend a public high school in Florida. The Haitian students were asked to explain the tensions they perceive between Haitian societal and educational norms and beliefs and American ones, and explain their perceptions and concerns regarding success. The importance of their perceptions as influences on their behavior was related to Bandura's Social Cognitive Learning Theory. The relevance of certain questions concerning academic success for Haitian students was investigated …

Silence, Absence, And Mystery In Linda Hogan's Mean Spirit, Solar Storms, And Power, Kathryn Erickson

Electronic Theses and Dissertations

In Mean Spirit, Solar Storms, and Power, Linda Hogan uses the devices of silence, absence, and mystery to articulate the oppression and marginalization of Native Americans. Specifically, because of the environmental crises that produce conflict in each novel, the project benefits from ecocriticism, ecofeminism, and ecopsychology. Also, because of various interpretations that open up when silence is examined, theories of deconstruction strengthen the thesis. Ultimately, Hogan's characters move from silence as a form of tyranny to silence as a form of reconnection with tribal ways. As the characters discover pathways to native traditions, they also discover spiritual connections with the …

The Taino Are Still Alive, Taino Cuan Yahabo: An Example Of The Social Construction Of Race And Ethnicity, David Cintron

Electronic Theses and Dissertations

Definitions and boundaries of race and ethnicity are socially constructed. They are malleable inventions created by the negotiation of ascribed ideas from outside groups and asserted notions from the inside group's membership. The revitalization of Taíno identity and culture within the Puerto Rican and related communities is a classic case example of this negotiation. Although objective conditions exist to recognize the descendants of these Caribbean aboriginals as an identifiable group, their identities are contested and sometimes ridiculed. Even though Taíno heritage is accepted as an essential root of Puerto Rico's cultural and biological make-up, this group has been classified as …

A Fluid Structure Interaction Model Of Intracoronary Atherosclerotic Plaque Rupture, Eric Teuma-Melago

Electronic Theses and Dissertations

Plaque rupture with superimposed thrombosis is the primary cause of acute coronary syndromes of unstable angina, myocardial infarction and sudden death. Although intensive studies in the past decade have shed light on the mechanism that causes unstable atheroma, none has directly addressed the clinical observation that most myocardial infarction (MI) patients have moderate stenoses (less than 50%). Considering the important role the arterial wall compliance and pulsitile blood flow play in atheroma rupture, fluid-structure interaction (FSI) phenomenon has been of interest in recent studies. In this thesis, the impact is investigated numerically of coupled blood flow and structural dynamics on …

The Relationship Between Self-Reported Chronic Stress And Divided Attention Performance, Diane Petrac

Electronic Theses and Dissertations

While previous research has extensively examined the effect of acute stress on cognitive performance, relatively little research has explored the relationship between chronic stress and cognitive performance. The current study aimed to control for current state anxiety to better isolate more chronic stress, when examining the relationship with performance on divided attention tasks. Fifty-four university undergraduates, who self-reported a wide range of perceived chronic stress (10-item Perceived Stress Scale), completed the Trail-Making Test and a dual (auditory and visual) Continuous Performance Test (CPT). Hierarchical regressions were performed to explore cognitive predictors of chronic perceived stress. After covarying for state anxiety …

New Developments On High-Resolution Luminescence Spectroscopy And Their Application To The Direct Analysis Of Organic Pollutants, Shenjiang Yu

Electronic Theses and Dissertations

Polycyclic aromatic compounds (PACs), which comprise a complex class of condensed multi-ring benzenoid compounds, are important environmental pollutants originating from a wide variety of natural and anthropogenic sources. PACs are generally formed during incomplete combustion of pyrolisis of organic matter containing carbon and hydrogen. Because combustion of organic materials is involved in countless natural processes or human activities, PACs are omnipresent and abundant pollutants in air, soil, and water. Chemical analysis of PACs is of great environmental and toxicological importance. Many of them are highly suspect as etiological agents in human cancer. Because PACs carcinogenic properties strongly depend on molecular …

Image-Based Material Editing, Erum Khan

Electronic Theses and Dissertations

Photo editing software allows digital images to be blurred, warped or re-colored at the touch of a button. However, it is not currently possible to change the material appearance of an object except by painstakingly painting over the appropriate pixels. Here we present a set of methods for automatically replacing one material with another, completely different material, starting with only a single high dynamic range image, and an alpha matte specifying the object. Our approach exploits the fact that human vision is surprisingly tolerant of certain (sometimes enormous) physical inaccuracies. Thus, it may be possible to produce a visually compelling …

A Comparative Study Of Ant Colony Optimization, Matthew Becker

Electronic Theses and Dissertations

Ant Colony Optimization (ACO) belongs to a class of biologically-motivated approaches to computing that includes such metaheuristics as artificial neural networks, evolutionary algorithms, and artificial immune systems, among others. Emulating to varying degrees the particular biological phenomena from which their inspiration is drawn, these alternative computational systems have succeeded in finding solutions to complex problems that had heretofore eluded more traditional techniques. Often, the resulting algorithm bears little resemblance to its biological progenitor, evolving instead into a mathematical abstraction of a singularly useful quality of the phenomenon. In such cases, these abstract computational models may be termed biological metaphors. Mindful …

E-Commerce And Caulerpa: Unregulated Dispersal Of Invasive Species, Linda J. Walters, Katherine R. Brown, Wytze T. Stam, Jeanine L. Olsen

Faculty Bibliography 2000s

Professional aquarists and hobbyists are thought to be the source of invasions of the aquarium strain of the green macroalga Caulerpa taxi folia in the Mediterranean, southern California, and Australia. The US Department of Agriculture, Animal and Plant Health Inspection Service (USDA-APHIS) restricted interstate commerce and importation of the Mediterranean clone of C taxi folia prior to the California invasion and is currently deciding if it should strengthen regulation of this genus as more species of Caulerpa are being described as invasive. Here we document the importance of e-commerce as a mode of dispersal for many species of Caulerpa in …

Managing Fire-Prone Forests In The Western United States, Reed F. Noss, Jerry F. Franklin, William L. Baker, Tania Schoennagel, Peter B. Moyle

Faculty Bibliography 2000s

The management of fire-prone forests is one of the most controversial natural resource issues in the US today, particularly in the west of the country. Although vegetation and wildlife in these forests are adapted to fire, the historical range of fire frequency and severity was huge. When fire regimes are altered by human activity, major effects on biodiversity and ecosystem function are unavoidable. We review the ecological science relevant to developing and implementing fire and fuel management policies for forests before, during, and after wildfires. Fire exclusion led to major deviations from historical variability in many dry, low-elevation forests, but …