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2008

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A Presumption Against Agency Preemption, Nina A. Mendelson Jan 2008

A Presumption Against Agency Preemption, Nina A. Mendelson

Articles

Federal agencies are increasingly taking aim at state law, even though state law is not expressly targeted by the statutes the agencies administer. Starting in 2001, the Office of the Comptroller of the Currency (OCC) issued several notices saying that state laws would apply to national bank operating subsidiaries (incorporated under state law) to the same extent as those laws applied to the parent national bank. In 2003, the OCC specifically mentioned state consumer protection laws and took the position that the state laws were preempted and did not apply to mortgage lenders owned by national banks. In December 2006, …

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Front Matter - Table Of Contents - Preface Jan 2008

Front Matter - Table Of Contents - Preface

Iowa Journal of Communication

No abstract provided.

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The Tax Gap: America's Underreported Revenues, Jennifer Granzow Jan 2008

The Tax Gap: America's Underreported Revenues, Jennifer Granzow

Honors Program Theses

This paper will discuss the tax gap, both as an overall national issue and as related to individual business income. First, the relevance of the tax gap in today’s economy will be addressed and background information regarding the tax gap will be provided. Next the small business environment will be examined, focusing on why the tax gap is so prevalent there. Proposed tax gap reduction measures will be explored, including an examination of the benefits and shortcomings associated with each measure. Future challenges will also be looked at, focusing on the impact such proposed measures will have on the operations …

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Usa Power Llc, Usa Power Partners, Llc, And Spring Canyon Energy Llc V. Pacificorp, Jody L. Wililams And Holme, Roberts & Owen, Llp : Brief Of Appellee, Utah Supreme Court Jan 2008

Usa Power Llc, Usa Power Partners, Llc, And Spring Canyon Energy Llc V. Pacificorp, Jody L. Wililams And Holme, Roberts & Owen, Llp : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, THE HONORABLE TYRONE E. MEDLEY CIVIL NO. 050903412

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Gina M. Arnold And Charlie S. Arnold V. Gary B. White, M.D., Uintah Basin Medical Center And David Grigsby, M.D. : Reply Brief, Utah Supreme Court Jan 2008

Gina M. Arnold And Charlie S. Arnold V. Gary B. White, M.D., Uintah Basin Medical Center And David Grigsby, M.D. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A JUDGMENT OF THE COURT OF APPEALS OF UTAH

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Gina M. Arnold And Charlie S. Arnold V. Gary B. White, M.D., Uintah Basin Medical Center And David Grigsby, M.D. : Brief Of Appellant, Utah Supreme Court Jan 2008

Gina M. Arnold And Charlie S. Arnold V. Gary B. White, M.D., Uintah Basin Medical Center And David Grigsby, M.D. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A JUDGMENT OF THE COURT OF APPEALS OF UTAH

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Gina M. Arnold And Charlie S. Arnold V. Gary B. White, M.D., Uintah Basin Medical Center, And David Grigsby, M.D. : Brief Of Appellee, Utah Supreme Court Jan 2008

Gina M. Arnold And Charlie S. Arnold V. Gary B. White, M.D., Uintah Basin Medical Center, And David Grigsby, M.D. : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A JUDGMENT UTAH COURT OF APPEALS

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Gary B. Ferguson Vs. Williams & Hunt Inc, Elliot J. Williams, George A. Hunt, And Kurt Frankenburg: Brief Of Appellant, Utah Supreme Court Jan 2008

Gary B. Ferguson Vs. Williams & Hunt Inc, Elliot J. Williams, George A. Hunt, And Kurt Frankenburg: Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLANT

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Denise Staley V. Northern Utah Healthcare Corporation, Dba St. Mark's Hospital : Brief Of Appellant, Utah Supreme Court Jan 2008

Denise Staley V. Northern Utah Healthcare Corporation, Dba St. Mark's Hospital : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A DECISION OF THE THIRD JUDICIAL DISTRICT COURT HONORABLE KATE TOOMEY

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Richard S. Nemelka V. The Ethics And Discipline Committee Of The Utah Supreme Court And The Utah State Bar : Brief Of Appellee, Utah Supreme Court Jan 2008

Richard S. Nemelka V. The Ethics And Discipline Committee Of The Utah Supreme Court And The Utah State Bar : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

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Wendy Gudmundson, Kay Gudmundson V. Del Ozone, Ozonesolutions, L.C. Johnson Controls, Inc., John And Jane Does 1-10 : Brief Of Appellee, Utah Supreme Court Jan 2008

Wendy Gudmundson, Kay Gudmundson V. Del Ozone, Ozonesolutions, L.C. Johnson Controls, Inc., John And Jane Does 1-10 : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Defendant/Appellee Del Ozone's Brief

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Wendy Gudmundson, Kay Gudmundson V. Del Ozone, Ozonesolutions, L.C. Johnson Controls, Inc., John And Jane Does 1-10 : Brief Of Appellant, Utah Supreme Court Jan 2008

Wendy Gudmundson, Kay Gudmundson V. Del Ozone, Ozonesolutions, L.C. Johnson Controls, Inc., John And Jane Does 1-10 : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Plaintiffs/Appellants' Opening Brief

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Michael H. Jensen V. Allen K. Young : Brief Of Appellant, Utah Supreme Court Jan 2008

Michael H. Jensen V. Allen K. Young : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A FINAL JUDGMENT OF THE FOURTH DISTRICT COURT OF UTAH COUNTY

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R. Alan Drew V. Tonia Mann Lee : Amicus Brief, Utah Supreme Court Jan 2008

R. Alan Drew V. Tonia Mann Lee : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH; HON. ROBIN W. REESE, PRESIDING

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Bruce Hills And Judith Hills Individually, And As Natural Parents And Heirs Of Mark D. Hills, Plaintiffs/Appellants, Vs. United Parcel Service, Inc., And Ohio Corp.; Upsco United Parcel Service Co., A Delaware Corp.; United Parcel Service, Inc., A Massachusetts Mutual Holding Company.; Liberty Mutual Fire Ins. Co., A Massachusetts Mutual Holding Company; And Skyline Electric Company, A Utah Corporation. Defendants/Appellees : Brief Of Appellee, Utah Supreme Court Jan 2008

Bruce Hills And Judith Hills Individually, And As Natural Parents And Heirs Of Mark D. Hills, Plaintiffs/Appellants, Vs. United Parcel Service, Inc., And Ohio Corp.; Upsco United Parcel Service Co., A Delaware Corp.; United Parcel Service, Inc., A Massachusetts Mutual Holding Company.; Liberty Mutual Fire Ins. Co., A Massachusetts Mutual Holding Company; And Skyline Electric Company, A Utah Corporation. Defendants/Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

IN THE SUPREME COURT STATE OF UTAH BRUCE HILLS AND JUDITH HILLS Individually, and as natural parents and heirs of MARK D. HILLS, Plaintiffs/Appellants, vs. UNITED PARCEL SERVICE, INC., and Ohio Corp.; UPSCO UNITED PARCEL SERVICE CO.,a Delaware Corp.; UNITED PARCEL SERVICE, INC., a Massachusetts Mutual Holding Company.; LIBERTY MUTUAL FIRE INS. CO., a Massachusetts Mutual Holding Company; and SKYLINE ELECTRIC COMPANY, a Utah Corporation. Defendants/Appellees Case No. 20080826-SC {(* t> APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH HONORABLE TERRY L. CHRISTIANSEN BRIEF OF APPELLEE SKYLINE ELECTRIC, CO.

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Endre' Glenn And Margret Glenn V. Robin Reese And Judith Reese : Brief Of Appellee, Utah Supreme Court Jan 2008

Endre' Glenn And Margret Glenn V. Robin Reese And Judith Reese : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Case No. 20080861 APPEAL FROM AN ORDER OF THE HON. SAMUEL MCVEY FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH BRIEF OF APPELLEES.

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Peak Alarm Company, Inc., Jerry D. Howe, Michael Jeffrey Howe V. Salt Lake City Corporation, Shanna Werner, Charles "Rick" Dinse, Scott Atkinson, James Bryant : Brief Of Appellee, Utah Supreme Court Jan 2008

Peak Alarm Company, Inc., Jerry D. Howe, Michael Jeffrey Howe V. Salt Lake City Corporation, Shanna Werner, Charles "Rick" Dinse, Scott Atkinson, James Bryant : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of Appellees

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Branson G. Neff V. Marvin G. Neff, Travis L. Bowen, Esq., Travis L. Bowen, Abco Construction, Inc., Westco : Brief Of Appellee And Cross-Appellant, Utah Supreme Court Jan 2008

Branson G. Neff V. Marvin G. Neff, Travis L. Bowen, Esq., Travis L. Bowen, Abco Construction, Inc., Westco : Brief Of Appellee And Cross-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal of the final Judgment entered by the First Judicial District Court of Cache County, State of Utah, the Honorable Gordon J. Low presiding.

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Brown V. Water Rights : Brief Of Appellee, Utah Supreme Court Jan 2008

Brown V. Water Rights : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

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Lawrence Brown, Marilyn Brown, Joseph Sorensen, And Kathleen Sorenson V. The Division Of Water Rights Of The Department Of Natural Resources Of The State Of Utah : Brief Of Appellant, Utah Supreme Court Jan 2008

Lawrence Brown, Marilyn Brown, Joseph Sorensen, And Kathleen Sorenson V. The Division Of Water Rights Of The Department Of Natural Resources Of The State Of Utah : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On a Writ of Certiorari to the Utah Court of Appeals

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Extraction Of Impervious Surface Areas From High Spatial Resolution Imagery By Multiple Agent Segmentation And Classification, Yuyu Zhou, Yeqiao Wang Jan 2008

Extraction Of Impervious Surface Areas From High Spatial Resolution Imagery By Multiple Agent Segmentation And Classification, Yuyu Zhou, Yeqiao Wang

Natural Resources Science Faculty Publications

In recent years impervious surface areas (ISA) have emerged as a key paradigm to explain and predict ecosystem health in relationship to watershed development. The ISA data are essential for environmental monitoring and management in coastal State of Rhode Island. However, there is lack of information on high spatial resolution ISA. In this study, we developed an algorithm of multiple agent segmentation and classification (MASC) that includes submodels of segmentation, shadow-effect, MANOVA-based classification, and post-classification. The segmentation sub-model replaced the spectral difference with heterogeneity change for regions merging. Shape information was introduced to enhance the performance of ISA extraction. The …

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Who Should Own The Air?: A Closer Look At Smoking Bans, Stacy Mcmullen Jan 2008

Who Should Own The Air?: A Closer Look At Smoking Bans, Stacy Mcmullen

Honors Program Theses

Smoking bans result from public health concerns. There are well over 70,000 articles in peer-reviewed journals that link smoking with various health problems [Chaloupka et al. 2004-2005, 2]. There are also a number of states currently debating statewide bans. Are statewide smoking bans the answer to the tobacco problem or are they simply an example of excessive paternalism? The purpose of this paper is to examine the two sides of the argument and determine whether policymakers should implement smoking bans. It will show that, in the end, nonsmokers should own the air, and smoking bans should be implemented to protect …

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Adam Smith And Consumerism's Role In Happiness: Modern Society Reexamined, Michael Busch Jan 2008

Adam Smith And Consumerism's Role In Happiness: Modern Society Reexamined, Michael Busch

Honors Program Theses

In modern America, consumerism has encouraged people to seek happiness through constantly expansion of their material standard of living. Consumerism has led to a growth of status consumption and .want-creation, both of which increase consumption without contributing to happiness. Adam Smith observed that lasting happiness is found in tranquility as opposed to consumption. In their quest for more consumption, people have forgotten about the three virtues Smith observed that best provide for a tranquil lifestyle and overall social well-being. Applying the virtues to modern society may decrease overall consumption but will lead to a more satisfied life.

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Microcredit In Developing Countries: Evaluating Programs For Poverty Alleviation, Kelly Sue Nessa Jan 2008

Microcredit In Developing Countries: Evaluating Programs For Poverty Alleviation, Kelly Sue Nessa

Honors Program Theses

There is no question that poverty is a devastating problem in our world today; the UN estimates 34,000 children and 16,000 adults die each day from hunger or preventable diseases with poverty-related causes, totaling more than 18 million a year (Riddell, 2007). One way that poverty is exacerbated is through the inaccessibility of credit to the poor (Todaro, 2006). Microcredit/microfinance has become a popular way of addressing this problem, and this affects a great percentage of the world population that is impoverished. Therefore, a true evaluation of the benefits and downfalls of this economic tool should be addressed. The purpose …

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Lipid Productivity Of Algae Grown On Dairy Wastewater As A Possible Feedstock For Biodiesel, Ian C. Woertz Jan 2008

Lipid Productivity Of Algae Grown On Dairy Wastewater As A Possible Feedstock For Biodiesel, Ian C. Woertz

Master's Theses

The objective of this thesis is to develop a biological wastewater treatment system that utilizes algal growth to simultaneously create renewable energy in the form of biodiesel and digester biogas, remove polluting nutrients, and abate greenhouse gases. Research under the Department of Energy Aquatic Species Program during 1978-1996 concluded that cultivating algae for biofuels was cost prohibitive at that time and that an integrated approach should be studied that combined wastewater treatment with algal biofuel production. Nutrient removal, in particular nitrogen and phosphorus, from wastewater is a growing regulatory need and the use of algae cultivation could create a unique …

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Pick A Card, Any Card, Ronald J. Mann Jan 2008

Pick A Card, Any Card, Ronald J. Mann

Faculty Scholarship

At the heart of all serious thought about consumer financial products is the difficulty of understanding the mental processes by which consumers evaluate, compare, and use those products. Usury proposals from scholars and policy makers depend on explicit or implicit assumptions about how interest-rate caps will affect the mix of products available in the marketplace and the choices that consumers make among them. Legislators and lobbyists that decry a torrent of consumer bankruptcy filings rely explicitly on the claim that consumers abuse credit products. Proposals to outlaw products like payday loans assume that those who use the products are so …

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Ethylene Synthesis And Sensitivity In Crop Plants, Joseph F. Romagnano Jan 2008

Ethylene Synthesis And Sensitivity In Crop Plants, Joseph F. Romagnano

Publications

The gaseous plant hormone ethylene is a small molecule that regulates developmental change. Research was conducted in three areas: sensitivity, synthesis, and alterations to synthesis. Vegetative pea plants were more sensitive than radish plants to atmospheric ethylene. Light intensity did not affect ethylene sensitivity. Ethylene synthesis rates were measured for unstressed cotton, corn, soybean, and tomato plants. The per-plant ethylene synthesis rate ranged from 0.1-80 pmol plant-1 s-1. However, when normalized to net photosynthetic rate, this range was 1-4 µmol of ethylene synthesis per mol of CO2 uptake. Diurnal cycles in ethylene synthesis were present in all crops studied. These …

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Respiratory Kinematics Of Adult Males During Graded Listening Tasks, Laura Lerette Gingrich Jan 2008

Respiratory Kinematics Of Adult Males During Graded Listening Tasks, Laura Lerette Gingrich

Dissertations and Theses @ UNI

Covert speech movements have been observed to increase with linguistic complexity during listening tasks. This study investigated the presence of covert respiratory movements during listening tasks of increasing complexity to answer the following research questions: 1. Do normal adult male listeners aged fifty and above without central nervous system injury change from rest breathing patterns to speech breathing patterns while listening to passages of increasing complexity; 2. Is there a greater shift towards speech breathing while listening to passages of greater complexity? Chest wall kinematics often male participants were obtained and analyzed for significant changes from rest breathing during four …

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Mother-Daughter Communication And Media Influence On Self-Esteem And Body Image, Tori Austin Jan 2008

Mother-Daughter Communication And Media Influence On Self-Esteem And Body Image, Tori Austin

Dissertations and Theses @ UNI

Societal norms based on media venues influence the perception young females have of themselves; however, some literature indicates the mother daughter relationship can help minimize the possible negative effects. Young women are more susceptible to desire distorted media images of glamorous and thin women. As they make social comparisons with mediated images of womanhood, they may become disappointed in their own body image and possess lower self-esteem. The previous research has gaps when discussing mother daughter relationships, media's influence, and the impact on adolescent girls' self-esteem and body image. To determine predictors to young women's self-esteem and body image, 119 …

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Romancing The Court, Jane M. Spinak Jan 2008

Romancing The Court, Jane M. Spinak

Faculty Scholarship

Problem-solving courts, created at the end of the 20th century, make court-based solutions central to addressing significant societal problems, such as substance abuse and its impact on criminal activity and family functioning. Yet, lessons gleaned from over 100 years of family court history suggest that court-based solutions to intractable social problems have rarely been effective. This article asks three questions of the problem-solving court movement: What problem are we trying to solve? Is the court the best place to solve the problem? What are the consequences of giving authority to a court for solving the problem? Answering those questions through …

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