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2008

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Service Dimensions Of Service Quality Impacting Customer Satisfaction Of Fine Dining Restaurants In Singapore, Ko King Lily Harr Jan 2008

Service Dimensions Of Service Quality Impacting Customer Satisfaction Of Fine Dining Restaurants In Singapore, Ko King Lily Harr

UNLV Theses, Dissertations, Professional Papers, and Capstones

This paper is an exploratory study of customer satisfaction of fine dining restaurants in Singapore. Since there is a causal relationship between customer satisfaction and service quality and services literature and studies have shown that service quality is an antecedent of customer satisfaction, this paper seeks to find out the service dimensions of service quality, which lead to higher levels of customer satisfaction. This study suggested that the service dimensions of assurance, empathy and tangibles are the most important to customers’ evaluation of service quality, and thus, may have a positive influence customer satisfaction. The service aspects of each of …


Primary Teachers' Knowledge And Knowledge Calibration Of Early Literacy Practices, Tami Al-Hazza, Charlene Fleener, Jane Hager Jan 2008

Primary Teachers' Knowledge And Knowledge Calibration Of Early Literacy Practices, Tami Al-Hazza, Charlene Fleener, Jane Hager

Teaching & Learning Faculty Publications

This research design was based on the knowledge calibration work by Cunningham, Perry, Stanovich, and Stanovich (2004). One hundred and forty-one full time teachers participated in a four day professional development workshop on research-based reading instruction. Participants were administered a three-part survey comprised of 1) demographic information 2) knowledge calibration items measuring perceived understanding of phonics, phonological awareness, and syllabication and 3) phonics pretest published in Self-Paced Phonics: A Text for Educators (2005). There were statistically significant differences between participants who rated their knowledge as high and those who rated their knowledge as low on the phonological and phonics items. …


Fixing The Fatal Flaws In Oui Implied Consent Laws, Tina Wescott Cafaro Jan 2008

Fixing The Fatal Flaws In Oui Implied Consent Laws, Tina Wescott Cafaro

Faculty Scholarship

This Article explores the use of implied consent laws as a method of deterring and punishing alcohol-impaired driving. Part I introduces the history and purpose of implied consent laws. Part II discusses the inadequacies of current statutory implied consent provisions and their failure to effectively attain their designed purpose. This section also highlights two particularly detrimental aspects of the law as currently implemented: (1) the lack of uniformity in the application of the laws by individual states; and (2) the disparate treatment of persons who refuse to submit to BAC testing, both in terms of consequences of refusal to submit …


When The Bell Can't Be Unrung: Document Leaks And Protective Orders In Mass Tort Litigation, William G. Childs Jan 2008

When The Bell Can't Be Unrung: Document Leaks And Protective Orders In Mass Tort Litigation, William G. Childs

Faculty Scholarship

This Article focuses on the proper balance for the tort system to strike between its role as a means for resolving disputes and its potential role as a means for obtaining information about the conduct of the parties, especially as that conduct affects public health.

The Author states that most protective orders in mass torts have been appropriate, and most documents presently designated as confidential have been properly designated, at least under the policies that have been established to date. The Author starts with the notion that protective orders have value and that there are reasons to try to prevent …


Assault Upon The Citadel Of Privity: The Coexistence Of Strict, Privity And Belt V. Oppenheimer, Blend, Harrison & (And) Tate, Inc. Comment., C. John Muller Iv Jan 2008

Assault Upon The Citadel Of Privity: The Coexistence Of Strict, Privity And Belt V. Oppenheimer, Blend, Harrison & (And) Tate, Inc. Comment., C. John Muller Iv

St. Mary's Law Journal

The practicing attorney must have a complete understanding of legal malpractice liability. Managing this risk can be a precarious responsibility when the law is not clearly defined. This is compounded by the steady erosion of attorney-client privity barriers making it easier for third party non-clients to sue lawyers for legal malpractice. This is the current state of matters in Texas since the Texas Supreme Court decided Belt v. Oppenheimer, Blend, Harrison & Tate, Inc. on May 5, 2006. The Belt court determined personal representatives of an estate may bring a malpractice claim against the decedent’s attorneys. The Belt court was …


Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton Jan 2008

Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton

St. Mary's Law Journal

Abstract Forthcoming.


A Tribute To Ernest A. Raba, Dean (1946-1978), St. Mary's University School Of Law Tribute., Aloysius A. Leopold Jan 2008

A Tribute To Ernest A. Raba, Dean (1946-1978), St. Mary's University School Of Law Tribute., Aloysius A. Leopold

St. Mary's Law Journal

Abstract Forthcoming.


Henry F. Johnson Professor Of Law (1981-2008), St. Mary's University School Of Law Tribute., Bonita K. Roberts Jan 2008

Henry F. Johnson Professor Of Law (1981-2008), St. Mary's University School Of Law Tribute., Bonita K. Roberts

St. Mary's Law Journal

As a way to deal with his loss, this eulogy honors Henry Johnson (1942-2008) by focusing on ten good things about him. As a former English teacher, he valued clarity and precision, which reflects another good thing about Henry: the importance of strong organization. His zest for travel enabled him to share voluminous details about countless countries around the world, including where the best restaurants and wineries were. No description would be complete without emphasizing his love for golf, but the most important thing about Henry was the way he cared for his family, friends, and animals.


The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan Jan 2008

The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan

St. Mary's Law Journal

The United States Court of Appeals for the Fifth Circuit first addressed the sham affidavit theory in Kennett-Murray Corp. v. Bone. This is the doctrine regarding assertions made by affidavit in order to prove summary judgment which are contrary to prior statements given, usually during a deposition. More recently, the Fifth Circuit has used the theory to strike affidavits where it found a sufficient inconsistency existed. This Court has also applied the sham affidavit theory to any prior sworn testimony, not just deposition testimony. The adoption of this theory overturned the precedent which stated a factual issue existed where a …


American Legal Ethics In An Age Of Anxiety., Michael Ariens Jan 2008

American Legal Ethics In An Age Of Anxiety., Michael Ariens

St. Mary's Law Journal

The thesis of my article, “American Legal Ethics in an Age of Anxiety,” is that the historical development of American legal ethics was regularly accompanied by an anxiety within the profession. In general, I suggest the legal profession’s understanding of its ethical precepts has been molded and reshaped during periods of professional anxiety. The profession’s understanding of legal ethics changed dramatically during various crises in the 19th century, exemplified by the different approaches taken by David Hoffman in the mid-1830s, George Sharswood in the mid-1850s, and David Dudley Field in the early 1870s. In each case, however, the triggering event …


The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman Jan 2008

The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman

St. Mary's Law Journal

The Texas Legislature’s system for financing Texas schools is significantly more equitable after Edgewood v. Kirby. Edgewood I and Edgewood II effectively forced the legislature to improve the finance system. However, the rulings in the first two Edgewood cases have been whittled away by the last four Edgewood decisions.. As a result, courts now approach fundamental issues, legislative power, and the relationship between them differently. The Edgewood v. Kirby legacy still improves the equity and adequacy of Texas’s public education finance system. This legacy is expanded upon with observations regarding long term impacts of the Texas school finance litigation saga.


Religious Extremism And International Legal Norms: Perfidy, Preemption, And Irrationality, Louis Rene Beres Jan 2008

Religious Extremism And International Legal Norms: Perfidy, Preemption, And Irrationality, Louis Rene Beres

Case Western Reserve Journal of International Law

No abstract provided.


Terror In The Name Of Islam - Unholy War, Not Jihad, Parvez Ahmed Jan 2008

Terror In The Name Of Islam - Unholy War, Not Jihad, Parvez Ahmed

Case Western Reserve Journal of International Law

No abstract provided.


Data Protection Conflicts Between The United States And The European Union In The War On Terror: Lessons Learned From The Existing System Of Financial Information Exchange, Matthew R. Vanwasshnova Jan 2008

Data Protection Conflicts Between The United States And The European Union In The War On Terror: Lessons Learned From The Existing System Of Financial Information Exchange, Matthew R. Vanwasshnova

Case Western Reserve Journal of International Law

No abstract provided.


Re-Thinking Humanitarian Aid In The Post-Gulf War Era: The International Committee Of The Red Cross Takes The Lead, Sarah R. Denne Jan 2008

Re-Thinking Humanitarian Aid In The Post-Gulf War Era: The International Committee Of The Red Cross Takes The Lead, Sarah R. Denne

Case Western Reserve Journal of International Law

No abstract provided.


Legislative Update: Utah’S Exoneration And Innocence Assistance Bill, Creighton C. Horton Ii Jan 2008

Legislative Update: Utah’S Exoneration And Innocence Assistance Bill, Creighton C. Horton Ii

Utah Law Review

The advent of DNA testing has brought with it a unique opportunity, not only to exonerate and free those who have been convicted and sentenced for crimes they did not commit, but also to study how justice has gone awry in those cases. In recognition of the power of DNA testing to exonerate, the Utah Legislature passed a bill in 2001 entitled “Postconviction Testing of DNA,” which established a mechanism for people wrongfully convicted of felonies to seek exoneration through DNA technology.1 The Utah Legislature, in its 2008 General Session, just passed a bill that will provide vital assistance to …


Providing A Safe Harbor For Those Who Play By The Rules: The Case For A Strong Regulatory Compliance Defense, Richard C. Ausness Jan 2008

Providing A Safe Harbor For Those Who Play By The Rules: The Case For A Strong Regulatory Compliance Defense, Richard C. Ausness

Utah Law Review

On September 25, 2003, a fire broke out at the National Health Care (NHC) nursing home facility in Nashville, Tennessee, causing sixteen deaths and a number of injuries from smoke inhalation.1 Thirty-two victims subsequently filed suit against the nursing home, alleging that NHC was negligent for failing to install sprinklers in its facility.2 This claim was made notwithstanding the fact that applicable federal, state, and local safety regulations did not require the installation of sprinklers in this particular type of building, and notwithstanding that the NHC facility had been inspected by state fire inspectors just months before the fire and …


Quinney Lecture: The Case For Climate Compensation: Justice For Climate Change Victims In A Complex World, Daniel A. Farber Jan 2008

Quinney Lecture: The Case For Climate Compensation: Justice For Climate Change Victims In A Complex World, Daniel A. Farber

Utah Law Review

The United States, the wealthiest country in the world, contributes far more than its share of greenhouse gases. It is now clear that these emissions have caused serious risks to the world as a whole, particularly the poorest nations. This raises two questions. First, does the United States have a moral duty to impose reasonable curqs on its future emissions? Second, does the United States have a moral duty to make amends for its past excesses-for example, by providing financial assistance to poorer nations that are now faced with the need to adapt to climate change? It seems obvious to …


Faith In Action: Religious Accessory Uses And Land Use Regulation, Shelley Ross Saxer, Scott D. Hansen Jan 2008

Faith In Action: Religious Accessory Uses And Land Use Regulation, Shelley Ross Saxer, Scott D. Hansen

Utah Law Review

For religious groups, faith in practice often consists of much more than formal worship. While religious institutions have traditionally provided places, such as churches and synagogues, for congregants to worship together in religious exercise, worshipping together is not necessarily the only function served by religious institutions. Institutions may also seek to provide individuals with spiritual nourishment that can include education, recreation, and the opportunity to serve others by providing social services for the poor and needy. Problems arise when communities have accepted houses of worship into their neighborhoods and these same religious institutions decide to expand their activities beyond worship …


Quickly Assuaging Public Fear: How The Well-Intended Adam Walsh Act Led To Unintended Consequences, Brittany Enniss Jan 2008

Quickly Assuaging Public Fear: How The Well-Intended Adam Walsh Act Led To Unintended Consequences, Brittany Enniss

Utah Law Review

The past several decades have witnessed an increase in sexual violence against children. This epidemic has created a national fear, which Congress has tried to calm by quickly passing sex-offender registration and notification laws. Most recently, Congress passed the most encompassing sex-offender registration law to date by enacting the Adam Walsh Child Protection and Safety Act of 2006 (Adam Walsh Act or Adam's Law). This Note argues that by hastily appeasing the public's desire of retribution and understanding, Congress passed legislation that harms those~ it ai~ to protect~hildren. The Adam Walsh Act subjects juveniles to the same sanctipns and restrictions …


Tax Avatars, Bridget J. Crawford Jan 2008

Tax Avatars, Bridget J. Crawford

Utah Law Review

As avatars stand for the internet's end users, agents under a power of attorney act on behalf of the appointing principal. Both an avatar and an agent under a power of attorney are kinds of alter egos. The favorable wealth transfer tax treatment that legal avatars receive suggests their utility as a model for how the tax law could be expanded to recognize other choice-based relationships. In his novel The Partners, author and lawyer Louis Auchincloss wrote that ''[e]verything today is taxes. . . . What better seat on the grandstand of life can I offer you than that of …


Kelo, Parents And The Spatialization Of Color (Blindness) In The Berman-Brown Metropolitan Heterotopia, Tom I. Romero, Ii Jan 2008

Kelo, Parents And The Spatialization Of Color (Blindness) In The Berman-Brown Metropolitan Heterotopia, Tom I. Romero, Ii

Utah Law Review

This article opened by pointing out what on its face seemed to be inconsistencies between Justice Clarence Thomas's opinions in Kelo and Parents. As the rest of the article has attempted to demo.nstrate, however, the color consciousness and color blindness of Justice Thomas in each case was the predictable consequence of the spatial con~truction of metropolitan space in the period between Berman-Brown and Kelo-Parents. This era opened diffidently. Whereas Brown and subsequent school litigation. represented the potential for a fundamental challenge to White supremacy, Berman's color-blind deference to urban and metropolitan fractionalization made it increasingly difficult to overcome the multicolor …


Saving Homes In Bankruptcy: Housing Affordability And Loan Modificatio, John Eggum Jan 2008

Saving Homes In Bankruptcy: Housing Affordability And Loan Modificatio, John Eggum

Utah Law Review

The record number of foreclosures in 2007 and 2008 is threatening homeownership as a fundamental institution of American middle-class life. The inability of millions of families to afford; the strain housing costs place on th~ir incomes is a driving factor in the foreclosUre crisis. While chapter 13 bankruptcy offers families the opportunity to repay arrearages on their mortgage loans in a repayment plan, this relief does not address the ongoing struggle with loan affordability that resulted from the loose underwriting standards and nontraditional loan products that characterized the mortgage market in the last several years. The Mortgage Study data show …


Fight Blight: Cities Sue To Hold Lenders Responsible For The Rise In Foreclosures And Abandoned Properties, Creola Johnson Jan 2008

Fight Blight: Cities Sue To Hold Lenders Responsible For The Rise In Foreclosures And Abandoned Properties, Creola Johnson

Utah Law Review

In the aftermath of the subprime mortgage meltdown,l Americans have been forced to change the way they view homeownership. Once considered to be the average person's most valuable asset, for many, homes have transformed into a burdensome liability. Spurred by the expansive securitization of the residential mortgage industry, many subprime mortgage lenders dismissed traditional lending standards and issued what some call "liar," "naked," or "no doc" loans, which were loans approved by lenders based on falsified or little-to-no documentation about the borrower's income or assets. Some of these loans were given to borrowers with poor credit histories and in amounts …


What Google Knows: Privacy And Internet Search Engines, Omer Tene Jan 2008

What Google Knows: Privacy And Internet Search Engines, Omer Tene

Utah Law Review

The Gonzales v. Google case and the AOL privacy debacle were not isolated or exceptional occurrences. They are but the tip of the jceberg of an emerging privacy problem on a grand scale, featuring Internet search engines as informational gat<*eepers harboring previously unimaginable riches of personally identifiable information. Billions of search queries stream across Google's servers each month, "the aggregate thoughtstream of humankind, online. Users may stomach such use of their personally identifiable information as part of their transaction with a company that offers an amazing service for no apparent cost. Yet they are less inclined to appreciate the sharing of their data with third parties, be they commercial, governmental, or, of course, criminal.


An Investigation Into The Population Genetics And Ecology Of Gracilariopsis Longissima (Gracilariales, Rhodophyta) Around The South West Peninsula Of Britain, Tean Jane Mitchell Jan 2008

An Investigation Into The Population Genetics And Ecology Of Gracilariopsis Longissima (Gracilariales, Rhodophyta) Around The South West Peninsula Of Britain, Tean Jane Mitchell

School of Biological and Marine Sciences Theses

For the conservation and management of natural resources, a detailed knowledge of the ecology and genetics of individual species is essential. Red seaweeds are an important component of marine ecosystems but few species have been the focus of research. Gracilariopsis longissima is a poorly studied member of a family of agarophytes of commercial importance, although it is thought to occur commonly around the coast of Britain. This report provides new information about the ecology and population genetics of the species with the identification of 11 populations around the coasts of Devon and Cornwall, seven of which were in the Fal …


Linking Biotic Activity To Ecosystem Functioning, Jeanette Sanders Jan 2008

Linking Biotic Activity To Ecosystem Functioning, Jeanette Sanders

School of Biological and Marine Sciences Theses

The central theme of this thesis was the search for ecologically meaningful ways to quantify the relationships between the biota and ecosystem processes. This thesis investigated whether a "functional group" approach, that characterised the fauna according to similarities in their activities, could be successfully employed to quantifiably link species' performance to important ecosystem processes. Initially the abilities of traditional "trophic" and "bioturbatory" categories to characterise the estuarine macrobenthic fauna and discriminate between estuarine sites were examined. This thesis determined that the perceived inter-site similarity within an estuary varied according to the function being investigated and that the apparent associations between …


Characterisation Of Latent Infections In Aquatic Cyanobacteria And Microalgae, Jayme Elizabeth Lohr Jan 2008

Characterisation Of Latent Infections In Aquatic Cyanobacteria And Microalgae, Jayme Elizabeth Lohr

School of Biological and Marine Sciences Theses

Aquatic photosynthetic microorganisms were surveyed (algae and cyanobacteria) for novel lysogenic/latent viruses and new methodology was established, using a variety of techniques such as AFC, electron microscopy, and molecular tools. The first study assessed Symbiodinium sp. cultures as a model system to investigate the induction of potential latent vi ruses. The study of Symbiodinium sp. showed that ca. 37% of the strains tested had a group of filamentous VLPs that is inducible by UV-C treatment. Extrapolation of this virus-host interaction and its effects on zooxanthellae viability provides a novel link to the impact of latent infection on symbiotic dinoflagellates of …


Factors Affecting The Production Of Fermented Moist Feed For Chickens And Effects On The Gastrointestinal Environment, Aziwo Tatanja Niba Jan 2008

Factors Affecting The Production Of Fermented Moist Feed For Chickens And Effects On The Gastrointestinal Environment, Aziwo Tatanja Niba

School of Biological and Marine Sciences Theses

Fermented feed technology is a biosafe method of feed preparation and fermentation improves feed quality. Factors affecting lactic acid production in fen-nented moist feed for chickens and the influence of fermented feed on the gastrointestinal environment of chickens were investigated. Water quality was observed to affect lactic acid production in fermentation of cereals (maize, sorghum, wheat and barley). The presence of calcium carbonate in the fermentation mixture significantly (P<0.01) reduced lactic acid production from maize, sorghum and wheat. Grain particle size did not significantly affect feed fermentation as biosafe concentrations of lactic acid (>150mmol/L) were obtained from fermentation of coarse grain particle sizes. Differences in polyphenols content of red and white sorghum varieties did not have a significant effect on 24-hour lactic acid production …


Proteomics And Ecotoxicoldgy:.Marine Invertebrates And Endocrine Disrupting Chemicals, Anne Bjornstad Jan 2008

Proteomics And Ecotoxicoldgy:.Marine Invertebrates And Endocrine Disrupting Chemicals, Anne Bjornstad

School of Biological and Marine Sciences Theses

The key problem faced by environmental scientists is to predictand recognize the damaging effects of chemical pollutants on natural biota. The aim of this thesis was to evaluate the potential for proteomics in ecotoxicology and environmental risk assessment (ERA), with the hypothesis that proteomic technologies (i.e. ProteinChip technology in combination with SELDI TOF MS) could be a useftil supplement to existing methods of environmental assessment, by providing a sensitive, non-invasive, rapid multi-endpoint assessment of effects of anthropogenic chemicals on organism in vivo. Three invertebrate species, Mytilus edulis, Hyas araneus and Strongylocentrotus droebachiensis was exposed to natural and anthropogenic chemicals in …