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2008

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State Of Utah V. Bryan Waterfield : Brief Of Appellee, Utah Court Of Appeals Jan 2008

State Of Utah V. Bryan Waterfield : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from convictions for distribution or arranging to distribute a controlled substance (methamphetamine) and possession of a controlled substance (heroin), in the Second Judicial District Court of Utah, Davis County, the Honorable Jon M. Memmott presiding.


The State Of Utah V. Brandon Lee Sandoval : Reply Brief, Utah Court Of Appeals Jan 2008

The State Of Utah V. Brandon Lee Sandoval : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF Appeal from a judgment of conviction for one count each of Aggravated Burglary, a First degree felony, in violation of Utah Code Ann. §§ 76-6-202 (2003) and 76-6-203 (2003), Theft, a second degree felony, in violation of Utah Code Ann. § 76-6-404 (2003). and Criminal Mischief, a third degree felony, in violation of Utah Code Ann. § 76-6-106 (2003). in the 'Third Judicial District Court, in and for Salt Lake County. State of Utah, the Honorable Randall Skanchy presiding.


State Of Utah V. Armand Kwanza Brown : Brief Of Appellee, Utah Court Of Appeals Jan 2008

State Of Utah V. Armand Kwanza Brown : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an order for restitution on a conviction for burglary and aggravated assault in the Third Judicial District Court of Utah, Salt Lake County, the Honorable Steven L. Henriod presiding.


Measuring Teachers' Learning From A Problem-Based Learning Approach To Professional Development In Science Education, Ayelet Weizman, Beth A. Covitt, Matthew J. Koehler, Mary A. Lundeberg, Joy A. Oslund, Mark R. Low, Janet Eberhardt, Mark Urban-Lurain Jan 2008

Measuring Teachers' Learning From A Problem-Based Learning Approach To Professional Development In Science Education, Ayelet Weizman, Beth A. Covitt, Matthew J. Koehler, Mary A. Lundeberg, Joy A. Oslund, Mark R. Low, Janet Eberhardt, Mark Urban-Lurain

Environmental Studies Faculty Publications

In th is study we measured changes in science teachers' conceptua I science u ndersta nd ing (content knowledge) and pedagogical content knowledge (PCK) while participating in a problem-based learning (PBL) model of professional development. Teachers participated in a two-week long workshop followed by nine monthly meetings during one academic year that focused on deepening their content understanding and their teaching practices. We analyzed teachers' short writings and concept map depictions of their understanding, and found teachers significantly developed components of pedagogical content knowledge and clinical reasoning, such as knowledge of assessment. Gains on conceptual understanding of science, however, were …


Authenticity And Love In "The Sun Also Rises" And "On The Road", Nate Botsis Jan 2008

Authenticity And Love In "The Sun Also Rises" And "On The Road", Nate Botsis

UNLV Retrospective Theses & Dissertations

This thesis explores the themes of authenticity and love in Ernest Hemingway's The Sun Also Rises and Jack Kerouac's On the Road, and how each novel conveys these themes differently; In The Sun Also Rises, Hemingway delivers the themes of authenticity and love by carefully and precisely crafting a story in which the hero of the story, Jake Barnes, changes significantly between the beginning of the story and the end. He acquires the courage to love, risking his authenticity in the process; In On the Road, Kerouac's dual heroes, Sal Paradise and Dean Moriarty, exhibit no discernible growth or change …


The Effect Of Math Anxiety On Learning A Novel Math Task, Jeremy Adam Krause Jan 2008

The Effect Of Math Anxiety On Learning A Novel Math Task, Jeremy Adam Krause

UNLV Retrospective Theses & Dissertations

The focus of this experiment was to assess the effect of math anxiety on learning a novel math task (modular arithmetic). While participants that were low in math anxiety performed significantly better (in terms of reaction time) than participants that were in the medium and high math anxiety groups on repeated problems, the low math anxious participants did not perform differently than the medium and high math anxiety groups on unique problems. This indicates that the low math anxious participants were better able to learn the procedure of modular arithmetic but were not significantly different in their ability to learn …


Genome-Wide Identification Of Qtl For Age At Puberty In Gilts Using A Large Intercross F2 Population Between White Duroc And Erhualian, Guangcheng Yang, Jun Ren, Shijun Li, Huirong Mao, Yuanmei Guo, Zhengzhi Zou, Dongren Ren, Junwu Ma, Lusheng Huang Jan 2008

Genome-Wide Identification Of Qtl For Age At Puberty In Gilts Using A Large Intercross F2 Population Between White Duroc And Erhualian, Guangcheng Yang, Jun Ren, Shijun Li, Huirong Mao, Yuanmei Guo, Zhengzhi Zou, Dongren Ren, Junwu Ma, Lusheng Huang

Psychology Faculty Publications

Puberty is a fundamental development process experienced by all reproductively competent adults, yet the specific factors regulating age at puberty remain elusive in pigs. In this study, we performed a genome scan to identify quantitative trait loci (QTL) affecting age at puberty in gilts using a White Duroc × Erhualian intercross. A total of 183 microsatellites covering 19 porcine chromosomes were genotyped in 454 F2 gilts and their parents and grandparents in the White Duroc × Erhualian intercross. A linear regression method was used to map QTL for age at puberty via QTLexpress. One 1% genome-wise significant QTL and …


Response Style Differences In The Inattentive And Combined Subtypes Of Attention-Deficit/Hyperactivity Disorder, Karen J. Derefinko, Zachary W. Adams, Richard Milich, Mark T. Fillmore, Elizabeth P. Lorch, Donald R. Lynam Jan 2008

Response Style Differences In The Inattentive And Combined Subtypes Of Attention-Deficit/Hyperactivity Disorder, Karen J. Derefinko, Zachary W. Adams, Richard Milich, Mark T. Fillmore, Elizabeth P. Lorch, Donald R. Lynam

Psychology Faculty Publications

This study examined potential differences between the inattentive and combined ADHD subtypes using laboratory tasks assessing behavioral inhibitory processes. Seventy-five children completed two tasks of behavioral inhibition believed to isolate different processes: the cued reaction time task (CRT), a basic inhibition task, and the go/no-go task (GNG), a complex inhibition task that incorporates motivational contingencies. Three groups of participants were identified, including ADHD/Inattentive (n = 17), ADHD/Combined (n = 37), and comparison (n = 21). Results indicated that rather than showing behavioral inhibition deficits, the ADHD/I children appeared overly inhibited, as evidenced by slower reaction times across …


Obesity, Hypertension, And Mental Health Evaluation In Adolescents: A Comprehensive Approach, Stefan G. Kiessling, Kimberly K. Mcclanahan, Hatim A. Omar Jan 2008

Obesity, Hypertension, And Mental Health Evaluation In Adolescents: A Comprehensive Approach, Stefan G. Kiessling, Kimberly K. Mcclanahan, Hatim A. Omar

Pediatrics Faculty Publications

The global epidemic of childhood and adolescent obesity in developing and developed countries has become a major public health concern. Given the relation between obesity and hypertension as documented in several landmark studies, it is no surprise that as the prevalence of obesity has increased in the pediatric population, the rates of hypertension have also increased substantially. Hypertension is one of the most important risk factors for cardiovascular diseases and stroke; therefore, evaluation and initiation of appropriate treatment are extremely important in the pediatric population. Evaluation for secondary causes of hypertension, including renovascular, renoparenchymal, and endocrine disease is the approach …


Non-Eea (European Economic Area) Entrepreneurs Face No Additional Barriers Than Their Eu Counterparts, When Starting A Business In Ireland., Anthony Garvey Jan 2008

Non-Eea (European Economic Area) Entrepreneurs Face No Additional Barriers Than Their Eu Counterparts, When Starting A Business In Ireland., Anthony Garvey

Theses

Do ethnic minority entrepreneurs (EMEs) seeking to start up a business in Ireland operate on a level playing field with their EU counterparts? Or are there unique barriers that EMEs face and if so, what are they and how do we tackle them?

This dissertation examines all of these questions and reveals whether racism or red tape, lack of finance or language skills is suffocating ethnic entrepreneurship more.

It explores the very latest research papers, and reports and combines both qualitative and quantitative data, with a series of semi-structured interviews and a questionnaire aimed squarely at entrepreneurs.

The dissertation discovers …


Art Therapy Student Placement : Challenge And Opportunity?, Niamh Kennedy Jan 2008

Art Therapy Student Placement : Challenge And Opportunity?, Niamh Kennedy

Theses

The purpose of this research project is to explore the sector of Student Placement as it forms a significant part of the training programme on the MA in Art Therapy in Cork. The study aims to assess the effectiveness of this part of the educational process for trainees and investigate the impact the Clinical Placement experience has on Student Art Therapists.

By reflecting on the advancement of Art Therapy in our neighbouring isle and exploring the growth of Art Therapy as a profession in the Republic of Ireland, this study aims to chronicle a more recent Irish history of Art …


The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin Jan 2008

The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin

Cornell Law Faculty Publications

No abstract provided.


Self-Defense And The Mistaken Racist, Stephen P. Garvey Jan 2008

Self-Defense And The Mistaken Racist, Stephen P. Garvey

Cornell Law Faculty Publications

How should the law respond when one person (D) kills another person (V), who is black, because D believes that V is about to kill him, but D would not have so believed if V had been white? Should D be exonerated on grounds of self-defense? Some commentators argue that D's claim of self-defense should be rejected. He should be convicted and punished.

I argue, however, that denying D's claim of self-defense would be at odds with the principle that criminal liability and punishment should only be imposed on an actor if he chooses to cause or risk causing a …


Empowering The Active Jury: A Genuine Tort Reform, Valerie P. Hans Jan 2008

Empowering The Active Jury: A Genuine Tort Reform, Valerie P. Hans

Cornell Law Faculty Publications

The rallying cry of "tort reform" is frequently associated with changes to the civil justice system that restrict the civil jury or avoid it altogether. Tort reformers have praised United States Supreme Court rulings that have led to greater judicial control over the evidence, especially scientific evidence, which juries hear. Other reformers advocate bifurcation of trials to avoid the possibility of jurors being so negatively influenced by testimony about damages that it affects their liability judgments.

The tort system aims to compensate fairly and equitably those who are injured by others, and to do so in an efficient manner. Concerns …


Debate, Implicit Race Bias And The 2008 Presidential Election: Much Ado About Nothing?, Gregory S. Parks, Jeffrey J. Rachlinski, Richard A. Epstein Jan 2008

Debate, Implicit Race Bias And The 2008 Presidential Election: Much Ado About Nothing?, Gregory S. Parks, Jeffrey J. Rachlinski, Richard A. Epstein

Cornell Law Faculty Publications

The election of Barack Obama marks a significant milestone for race relations in our nation—on this much our debaters agree. The meaning of this milestone for the future of race-based policies, such as affirmative action and antidiscrimination laws, is where they disagree. Dr. Gregory Parks and Professor Jeffrey Rachlinski argue that any announcement of the arrival of a “post-racial America” is premature, as the presidential campaign actually revealed an implicit racial bias present in “most white adult brains.” The stereotypical criticisms of Obama, explicit racial references by supporters of opposing candidates, and “deeply racially stratified voting” were, in fact, “reflection[s] …


Adaptive Performance: An Examination Of Convergent And Predictive Validity, Charlene K. Stokes Jan 2008

Adaptive Performance: An Examination Of Convergent And Predictive Validity, Charlene K. Stokes

Browse all Theses and Dissertations

The purpose of the present study was twofold: 1) to examine the convergent validity of the two foremost measurement methods, subjective and objective, used to assess adaptive performance; and 2) to examine the predictive validity of variables across measurement methods using a path model framework. Specifically, various dispositional traits are posited to influence adaptive performance through the mediating mechanisms of stress appraisals and self-efficacy. Beyond examining the potential causal paths associated with predictors, the study included a commensurate focus on adaptability as an outcome and addressed the measurement issues that surround adaptive performance. Participants (N = 275) in teams of …


Qualitative Study Of Male Asperger's Syndrome Students : Transition From High School To College, Jon Alan Lyman Jan 2008

Qualitative Study Of Male Asperger's Syndrome Students : Transition From High School To College, Jon Alan Lyman

PCOM Psychology Dissertations

This study examines the narrative statements of individuals with Asperger’s Syndrome concerning their recollections of the transition from high school to college. Nine male college students are led, via interviews, starting with their experiences in high school, to the initial stages of preparing for college life, and ending with current experiences in college. Analysis of the data focuses on the factors that have impact on this transition. The study is intended to contribute to the development of qualitative data about Asperger’s Syndrome, informing students with Asperger’s Syndrome who intend to apply to college, and providing recommendations for parents, and professionals …


Does Social Problem-Solving Moderate The Relationship Between Physical Functioning And Depression In Als Patients?, Melissa Dillon Horowitz Jan 2008

Does Social Problem-Solving Moderate The Relationship Between Physical Functioning And Depression In Als Patients?, Melissa Dillon Horowitz

PCOM Psychology Dissertations

Amyotrophic lateral sclerosis (ALS), commonly known as Lou Gehrig's disease, is a progressive and ultimately fatal neurological disease that interferes with the normative functions of the upper and lower motor neurons in the brain and spinal cord. Depression has been found across disease stages in some ALS patients, but not all. Investigations that examined the association between physical functioning and depression in ALS patients produced mixed findings. To date, the role of social problem solving has not yet been explored in the ALS population. Thus, the current study examined the relationship between social problem solving, physical functioning, and depression in …


Teacher Self-Efficacy, Collective Teacher Efficacy, Automatic Thoughts, States Of Mind, And Stress In Elementary School Teachers, Robert W. Shambaugh Jan 2008

Teacher Self-Efficacy, Collective Teacher Efficacy, Automatic Thoughts, States Of Mind, And Stress In Elementary School Teachers, Robert W. Shambaugh

PCOM Psychology Dissertations

This study examined the relationships between teacher self-efficacy, collective teacher efficacy, automatic thoughts, Balanced States of Mind (BSOM) model, and levels of stress in regular education elementary school teachers. A sample of 66 teachers from rural and urban south central Pennsylvania school districts completed the following questionnaires: Teacher Beliefs Scale (TBS), Collective Teacher Beliefs Scale (CTBS), Automatic Thoughts Questionnaire - Revised (ATQR), Teacher Stress Inventory (TSI), and a demographic survey. A ratio of positive to positive-plus-negative automatic thoughts from the Balanced States of Mind model (BSOM) became the fifth variable. This study presumes that teachers have more stress today following …


Reason Giving In Court Practice: Decision- Makers At The Crossroads, Mathilde Cohen Jan 2008

Reason Giving In Court Practice: Decision- Makers At The Crossroads, Mathilde Cohen

Faculty Articles and Papers

This Article examines the thesis according to which the practice of giving reasons for decisions is a central element of liberal democracies. In this view, public institutions' practice, and sometimes duty, of reason-giving is required so that each individual may view the state as reasonable and therefore, according to deliberative democratic theory, legitimate. Does the giving of reasons in actual court practice achieve these goals? Drawing on empirical research carried out in a French administrative court, this Article argues that, in practice, reason-giving often falls either short of democracy or beyond democracy. Reasons fall short of democracy in the first …


The Making Of The Post-War Paradigm In American Intellectual Property Law, Steven Wilf Jan 2008

The Making Of The Post-War Paradigm In American Intellectual Property Law, Steven Wilf

Faculty Articles and Papers

During the New Deal period, intellectual property underwent a transformation. Copyright was recast from literary property to industrial property; trademark shifted from a common law tort of palming off to a regulatory regime for a mass consumer economy, and patent law was rethought to accommodate corporate invention. This essay begins by examining the advantages of looking at intellectual property as deeply situated in New Deal debates over political economy, and calls for a new history of intellectual property very different from conventional narratives moored in the introduction of new technologies. More broadly, it suggests that examining foundational past policy debates, …


Implications Of Psychological Research Related To Unconscious Discrimination And Implicit Bias In Proving Intentional Discrimination, The, Ivan E. Bodensteiner Jan 2008

Implications Of Psychological Research Related To Unconscious Discrimination And Implicit Bias In Proving Intentional Discrimination, The, Ivan E. Bodensteiner

Missouri Law Review

Taking into account recent psychological research related to implicit bias and discrimination, this article will address proof of intent in disparate treatment cases. Part II of the article will examine a likely source of proof of discrimination - comments made by agents of the defendant. Courts frequently discount such comments, labeling them as "stray remarks" and either excluding them as evidence or determining that they are insufficient to defeat a motion for summary judgment. Derogatory comments directed at an individual, based on certain characteristics the speaker attributes to the individual, provide substantial insight into how the speaker assesses people. For …


Dusting Off The Blaine Amendment: Two Challenges To Missouri's Anti-Establishment Tradition, Aaron E. Schwartz Jan 2008

Dusting Off The Blaine Amendment: Two Challenges To Missouri's Anti-Establishment Tradition, Aaron E. Schwartz

Missouri Law Review

Using broad strokes to paint the rights and protections granted therein, the free exercise and the establishment clauses stand as dual monuments to the great-American experiment in separating the State and the sacred., Their sparse language is contrasted by comparatively specific manifestations of similar interests in the state constitutions. Echoing their federal counterpart, the state constitutions commonly command that the state may not fund religiously affiliated educational institutions. No fewer than thirty-eight states, including Missouri, adopted a so-called "Blaine Amendment," which prevent states from supporting sectarian or religious schools. Employing more detail than its federal counterpart, Missouri's constitution made explicit …


Table Of Contents - Issue 1 Jan 2008

Table Of Contents - Issue 1

Missouri Law Review

Table of Contents - Issue 1


Right To Remain Silent: A First Amendment Analysis Of Abortion Informed Consent Laws, The, Whitney D. Pile Jan 2008

Right To Remain Silent: A First Amendment Analysis Of Abortion Informed Consent Laws, The, Whitney D. Pile

Missouri Law Review

Since the United States Supreme Court legalized abortion in the 1973 decision Roe v. Wade, the law governing the regulation of abortions has been in a constant state of flux. After the legalization of abortion, states began enacting informed consent laws in order to regulate what information a woman must be given before terminating her pregnancy; today, a total of 32 states have an informed consent law of some kind. Many informed consent laws, such as that of Missouri, require that a woman receive information at least 24 hours before undergoing an abortion and that the abortion providers disclose the …


The Future Of Nanotechnology Risk Perceptions: An Experimental Investigation Of Two Hypotheses, Donald Braman, Dan M. Kahan, Paul Slovic, John Gastil, Geoffrey L. Cohen Jan 2008

The Future Of Nanotechnology Risk Perceptions: An Experimental Investigation Of Two Hypotheses, Donald Braman, Dan M. Kahan, Paul Slovic, John Gastil, Geoffrey L. Cohen

GW Law Faculty Publications & Other Works

This paper reports the results of an experiment designed to test competing conjectures about the evolution of public attitudes toward nanotechnology. The rational enlightenment hypothesis holds that members of the public will become favorably disposed to nanotechnology as balanced and accurate information about it disseminates. The cultural cognition hypothesis, in contrast, holds that members of the public are likely to polarize along cultural lines when exposed to such information. Using a between-subjects design (N = 1,862), the experiment compared the perceptions of subjects exposed to balanced information on the risks and benefits of nanotechnology to the perceptions of subjects exposed …


The Perceptual Northwest, James Lowry, Mark Patterson, William Forbes Jan 2008

The Perceptual Northwest, James Lowry, Mark Patterson, William Forbes

Faculty Articles

Our goal is to survey cultural perceptions defining the U.S. Northwest region. As geographers, we should concern ourselves with mental constructs of regions, as they can easily impede or facilitate communication. Assumptions of others’ regional boundaries and images may be erroneous. Over the past several decades, a handful of geographers have begun to examine these perceptual (or vernacular) maps and regions. Students at 21 colleges and universities were asked to identify: (1) boundaries of the U.S. Northwest region; (2) Northwest regional characteristics and symbols; and (3) what cities or other places best represent the Northwest.

Nationally, student respondents largely followed …


An Empirical Taxonomy Of Incarcerated Male Sexual Offenders Using Finite Mixture Modeling: Adult Victims, Jamison D. Fargo Jan 2008

An Empirical Taxonomy Of Incarcerated Male Sexual Offenders Using Finite Mixture Modeling: Adult Victims, Jamison D. Fargo

Psychology Faculty Publications

The sexual victimization of women remains an endemic social, criminal, and public health problem. Much research has sought to identify risk and protective factors related to the sexual victimization of women so that prevention and intervention strategies can be more informed and targeted. Modern criminology has recognized the heterogeneous nature of many criminal behaviors in terms of their etiology, offender-, offense-, and victim-related characteristics. Such an approach has been labeled criminal profiling or criminal investigative analysis and yields richer information about the nature of crime than reliance on aggregate statistics (Hazelwood & Burgess, 2001). Knight (1999, p. 304) stated that …


Painting The Sublime Landscape And Learning To See Nature Along The Way, Deborah Browne Jan 2008

Painting The Sublime Landscape And Learning To See Nature Along The Way, Deborah Browne

Electronic Theses and Dissertations

My thesis is one artist's response to the question of the relevance of landscape painting today, focusing on the communication of the idea of environmental stewardship. The process of studying nature and transferring that vision to canvas promotes greater understanding of the beauty and complexity of elements that comprise ecosystems. The artist possesses a creative impulse finding satisfaction in making artwork that expresses a love of nature as part of a larger worldview. If done well, the persuasive power of such art may be enormous. Comprised of oil paintings and written work, this thesis establishes a way of approaching both …


Creating Marginality And Reconstructing Narrative: Reconfiguring Karen Social And Geo-Political Alignment, Barbara Verchot Jan 2008

Creating Marginality And Reconstructing Narrative: Reconfiguring Karen Social And Geo-Political Alignment, Barbara Verchot

Electronic Theses and Dissertations

Pre-modern conceptualization of shifting borderlands and territories rather than fixed boundaries often allowed for the dynamic flow of peoples between polities. Until the late 1800s and the colonization of Burma in 1886 by the British Empire, this permeability of the borders of its territory was how Siam (currently Thailand) viewed its geo-political sphere (Thomson 1995:272). Britain extended the boundaries of its empire beyond India to guarantee the economic interests of the British Empire. With this push eastward, Siam abutted a polity that rejected the idea of shifting borderlands. The British ascribed to the modern concept of non-permeability of borders. This …