https://caspercollege.cvlcollections.org/files/original/ed067cc49ea1647d804cd735fbde3d3b.pdf 35f2ccda34e17a917ba7b99a9b851085 PDF Text Text CASPER XCASPtB COLLEGE WYOMING^ CHkLUNEC �Challenge- In every academic discipline, to study, to think, to express clearly one's knowledge and understanding in suitable written forms. �Challenge Iv Published at Casper Community College Casper, Wyoming 82601 February 1991 Copyright by Casper Community College �Challenge: 1991 Table of Contents Genevieve A. O'Keefe Justice Leads to Happiness Vikki Epperson El Invierno Molar Volume of Oxygen Interrogatories 5 ...................................... 1 Jason Miller........ .................................. Nickie S. Peterson Native American Poetry Rox Monterastelli Paula Franklin 8 10 15 18 Loel K. Robinson ................. .. 19 .......................................................................... 24 Anita Schroeder .................. 25 ............................................................................ 21 Brief of a Supreme Court Decision Mi Abuela .................................... .............................................................................. From the Land of Morning Calm El Flicker ............................... Helen Schindler Lee Glendenning La Vista ................... The Search for the Meaning of ARC Fred W. Jacquot ................. 28 Intake Memo Gail Grosenheider .................................. 32 Lab Report Nancy Young ........................................ 36 Donna Karan Lorinda Welch .................................... 42 ..................................... 45 ............................................. 52 Interoffice Memorandum of Law Sign Letters Pat Lockhart Anita Schroeder Kerry Myers, Victoria Savage Cover design executed by Eric Valdez .......................................................... 54 �Introduction Casper College is pleased lo present the rilih issue of Challenge, a magazine to honor excellence. As a display medium for academic endeavor. Challenge solicits superior examples of student writing from all college disciplines: our purpose is lo illustrate both the breadth and depth of course work on our campus. Instructors have selected representative writing from their courses, and, though we do not include pieces from writing classes, we encourage all forms; exams, reports, essays, term papers. This issue represents work submitted in response lo the call for papers for two semesters, spring 1990 and fall 1990. Arlene Larson, editor Casper College Casper, Wyoming Spring, 1991 «l>eC<Al cot: E'-TtHM# I- ePER COl ..EGE ■- ' ' ■ �Justice Leads to Happiness By Genevieve A. O’Keefe Course: Ethics Instructor: Dr. Robert Carlson Assignment: The essay is in response to an examination question. The student received a narration concerning Oliverotto of Fermo; the instruction was to write an essay to convince Olivorolto that justice is the habit of giving someone his due (right); that Oliven>tto ought to practice justice willingly; and that justice will lead to happiness. The student was to use certain terms and references in the essay as appmpriatc. A simple question. What do all persons want? A simple answer. Happiness. A more difficult question. What is happiness? And, assuming there is an answer to that question, a third and final question. How docs one achieve this thing etdied happiness? By his very nature, that is his essence, his inborn character, man has certain basic needs. Man’s necessities include the obvious, air, water, food, shelter. However, they also include such nonmaterial things a.s knowledge, love and virtue. Along with these needs, man also has wants, those sometimes overwhelming desires for things beyond his needs. The idea of retd versus apparent goods parallels the distinctions between needs and wants. Mortimer J. Adler says in Six Great Ideas that “Those things that satisfy or fulfill our needs or natural desires arc really g(xxl for us. Those that satisfy our want.s or acquired desires arc things that appear good to us when we consciously desire them.’’ Thi.s distinction is of utmost importance because from it follows the very definition of happiness, which is, “Happiness is the possession of all the real goods in their proper order and amount and apparent goods in so ftir as they do not 5 �Fogliani. A.s an adult he mastered Ute art of war. Feeling that it was unworthy to be dependent on Olliers, he set out to kill his uncle and seize control of the city of Fenno. He planned and carried out a scheme to do just that. He desired great power. We make the assumption here that Oliverollo must have felt that his actions would bring him that which all men seek, happiness. Olivcrollo's control of Fenno had lasted one year when he was killed by yet someone else desiring great power. A true moral relativist thoroughly schooled in the Thrasymachian principle of justice, where justice is held to be simply die advantage of the stronger, Oliverollo would have u.s believe that killing his uncle was in fact an act of justice. The moral relativist holds the idea that all virtues, including of course justice, and in fact all judgments differ according to circumstances, times or cultures. The ultimate reality of the absolute, which is regarded as uncaused, unmodified and complete, as well as constant, hold.s no meaning for the relativist. Neither doc.s the concept of objective order, how something exists in and of itself, independent of the mind. The moral relativist i.s concerned merely with the subjective, the perception or conception of a thing by the mind as opposed to its reality independent of the mind. One last concept which is alien to the moral relativist is universality. Nothing is seen a.s affecting or including the whole; to him there is no such thing as an unchanging nature through a scries of changing relations. Rather than generalizing, he deals in the particular, applying principles a.s if they belong to a single, definite person, thing, group or event. Faced with the formidable task of convincing Oliverollo or any moral relativist that his view of justice a.s the advantage of the stronger is wrong and that justice truly is giving each man his due, I would begin by pointing out that failure is built into his system of justice. The moral relativist invites chaos and anarchy, the naked use of power which translatc.s into the abuse of power. Relative justice will not only result in no justice but will interfere with the real gtxxls.” With that we have answered our second question. Man simply cannot need that which is bad for him. The same is not true of his wants or desires. The apparent good of something desired can in fact be destructive if it impedes a man from getting all his real goods. Perhaps a logical conclusion then is that man’s needs do not require control, but his wtuits do. Il looks as though the control of these wants must necessarily be a means to this end called happiness. Remember our third question, how is happiness achieved? The practice of the cardinal virtues, prudence, tcmpcrimce, courage, and, most important, justice, gives man this required control over his desire.s and can therefore be logically considered a means to that end. A virtuous life will ultimately result in happiness. Justice has been singled out as the most important of the cardinal virtues based on Socrates’ analogy of justice in the Slate and justice in the Soul which is found in The Republic. “But surely we cannot have forgotten this, that the stale was just by reason of each of the three classe.s found in it fulfilling its own function.” Harmony between the Stale’s Workers, Rulers, and Guardians analogous to the virtues of temperance, courage, and prudence in the Soul is only achieved through justice. Justice, lliat moral virtue of giving someone his due, balances or equalizes rights and debts. All rights, whether natural and objective such as those enumerated in our own Constitution, “life, liberty and the pursuit of happiness,” or legal and positive, those revocable, changeable rights granted by law, the right to vote, to drink, to receive an education, carry with them implied debts or duties. Requiring two parties, some object or matter and external action for its perfection, justice exists only when there is a correlation between the rights and duties of each parly. Now meet Oliverollo. An orphan from infancy, he was raised by his uncle, Giovanni 6 �ullimalcly result in the relativist’s own destruction. Alternatively, developing die habit, the second nature, of giving each his due, right for debt, debt for right, creates an undeniable harmony both within the individual and widiin the community of man. Justice its such is steeped in constancy and objectivity. It is always rational. Even when convinced that justice is in fact giving someone his due, the relativists, including Olivcroito, must realize that the reluctant practice of justice is not sufficient. Recall that our definition of happiness included “the possession of all the real goods.’’ This leads us to the selfevident principle that we “ought to desire that which is really good.” To desire that which is bad would contradict our very nature. Justice is an objective good. It exists apart from any opinion, is constant and has true value. Therefore, that we ought to desire justice and practice it willingly is a logical conclusion. It quite naturally follows tliat the possession of justice among his real goods will always lead a man to happiness. El Invierno La nicve cubre la Tierra Madre Ell una manta teinplada y segura. Tolalmcntc suave. Tolalmcntc tranquila. Totalmenie blanca. The Winter Y como cl abrigo viejo Que cubre la mujer de calle, Algunas cosas sc quedan vistas. Un arbol desnudo. Una piedra certa de. Un no silencioso. The snow covers Mother Etirlh In a warm, secure blanket. Totally soft. Totally calm. Totally while. Vikki Epperson Spanish Composition I (Linda Durham, Spanish Instructor) And like the old coal That covers the street woman, Some things remain exposed. The bare tree. The Slone fence The silent river 7 �Molar Volume of Oxygen By Jason Miller Course: Chemistry Laboratory 1 Instructor: Dr. Christian Michelson Assignment: To prepare a written report of work performed in the laboratory. small lest tube. Add a pinch of KCIO3 to ilic lest lube and Mn02. Gently lap the test lube with a finger to mix the contents of the lest tube. Wipe the outside of the test lube with tissue to clean the lube before weighing. Have the instructor find the mass of the lest lube, Mn02, and KCIO3 using an electric balance accurate to .0001 g. Record the mass of the test lube, Mn02, and KCIO3. Construct the lest lube to the apparatus by attaching one end of a rubber hose to the lest lube and attaching ihe other end to. the burette after raising the bulb until the waler level in the burette is to the lip of the burette. This is done to minimize the amount of gas in the burette. When U)c water level in the burette slops moving and the Purpose: The purpose of this lab is delcmiinc the molar volume of O2 Procedure: Attach a burette to a ring stand using a spring clamp. Also, attach a water bulb to the ring stand. Construct a water manometer by inverting a burette and attaching a rubber hose to the bottom end. Attach a water bulb to the other end of the hose. Pour tap water into the bulb until the waler level of the burette and bulb are equal and the burette is almost full. Let the water level in the bulb be about half full al this point. Pinch the rubber hose to allow any gases in the hose Io escape. Place a very small quantity of manganese dioxide (Mn02), which is used as a catalyst, in a 8 �apparatus has been checked for leaks, have the instructor check the apparatus. Equalize the water levels and record the volume of the waler in the burette. Heat gently to decompose the KCIO3 Shield the burcite and rubber hose from the flame using a wire gauze. Heal from the top of the lube to the bollom to allow ihc oxygen gas to escape freely. Continue heating until about 40 ml of gas is in the burette. Stop heating and wail 15 minutes to allow the reaction in the lest tube to stop and to allow the system lo come to room temperature. Equalize the waler levels and record the volume. Remove the lest tube from the rubber hose and wipe the outside of the test tube with tissue lo clean the lube before weighing. Have the instructor find the mass of the test lube and its contents using an electric balance accurate lo .0001g. Record the mass of ihe lest lube and its contents. Record the lempcraiure of the water using a thermometer. Record lhe atmospheric pressure (Pjy,^) given by the instructor. Compulation: molar volume = (Vj-V2)/(molcs O2) molar volume = (50.00ml 12.40m l)/((4.4434g - 4.4O32g)*(I molc)/(2* 15.9994)) = 29930 mi/mole =29.93 L/mole At STP Pj = pQijyi - vapor pressure H2O = 632.6 mm Hg-25.2mm Hg = 607.4 mm Hg V, =29.93 Umole Ti = Tpj20 = 26.2+273-K = 299.2’K P2 = 7^ mm Hg V2 = ? T2 = 273’K Data: mass of lest tube, Mn02,and KCIO3 volume of waler in burette before heating volume of waler in burelte after heating mass of lest lube and contents after healing Temperature of water p alm Conclusion: The molar volume of O2 was found to be 21.83 L/mole at STP which is an error of 2.565% from the actual molar volume. The greatest errors in the lab would have been caused by lhe readings of lhe atmospheric pressure. Other enors could have been caused when healing lhe test tube such as waler turning into waler vapor. (Pl)*(Vi)Zr, = (P2)*(V2)/T2 (607.4 mm Hg)*(29.93l7mole)299.2’K = (760 mm Hg)*(V2)/273'K V2 = 21.83 L/mole Actual V2 is 22.4 L/mole Percent Error= ((22.4-21.83)/22.4)* 100 = 2.565% 4.4434 g 50.00 ml 12.40 ml 4.4032 g 26.2 C 632.6 mm Hg 9 �Interrogatories By Nickie S. Peterson Course: Family Law Instructor: Mary Kubichek Given a scenario by the instructor, the student was to draft twenty-five interrogatory questions to help the lawyer prepare for a lawsuit. Purpose of the suit would be for the plaintiff to discover what property she should be entitled to. 10 �STATE OF WYOMING COUNTY OF NATRONA ) ) ) IN THE DISTRICT COURT ss. SEVENTH JUDICIAL DISTRICT Civil Action No. Hill LENA SMITH. Plaintiff, vs. RICHARD JONES, Dcfcndanl. ) ) ) ) ) ) ) ) ) PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT interrogatories thereby is requested to be served ten days before the pretrial thereto or thereafter. INTERROGATORY NO. 1 COMES NOW the Plaintiff herein, by and through her attorney, James W. Owens, and pursuant to the Wyoming Rules of Civil Procedure, propounds the following Inter­ rogatories to Defendant, requesting that Defendant respond to the same within thirty (30) days of the receipt of the same by Defendant's counsel. Please slate your present address and telephone number. If you intend to change your address during the pendency of the abovc-cniiilcd action, state also the address (including the telephone number) at which you intend to reside. ANSWER: DEFINITIONS AND REQUIREMENTS 1. The word “person” as used herein shall be deemed to mean any natural person, partnership, corporation, municipal corporation, slate or governmental agency, or any other form of legal entity of whatever nature. 2. With respect to each interrogatory herein relating to oral communication, it is intended and requested that the answer to each said interrogatory set forth whether or not the oral communication was by telephone or face to face, and also that each answer set forth names, addresses, business positions and occupations involved in said communications, and the names and addresses of any other person.s present during said communications. 3. Supplementation of responses to these INTERROGATORY NO.2 During the lime that you and the plaintiff lived logclher, did you ever discuss marriage? If so, please stale the number of limes marriage was discussed and the context of those discussions. ANSWER: INTERROIJATORY NO. 3 During the lime that you and the plaintiff lived logclher, how did you introduce one another to other persons? 11 �ANSWER: * INTERROGATORY NO. 8 INTERROGATORY NO. 4 Were there ever any agreements concerning living arrangements or separation? If so, slate the nature of the agreements, whether written or oral, the dales of the agreements and whether you have a copy of any such agreement which is in writing. During the time that you and the plaintiff lived together, what were your arriingcmcnts concerning domestic chores and responsibilities, and on what do you base you answer to this interrogatory? ANSWER: ANSWER: INTERRO(;ATORY no. 9 During the time lhal you and the plaintiff lived logclher, did you file any joint income lax returns? If so. please state for each joint rclurn filed, the year for which it was filed, the office in which the rclurn was filed, the amount of taxable income reported, and whether you have a copy of the return. INTERROGATORY NO. 5 During the lime dial you and the plaintiff lived together, what were your arrangements and agreements concerning financial expectations and responsibilities, and on what do you base your answer to this interrogatory? ANSWER: ANSWER: IN IERROGATORY NO. 10 INTERROGATORY NO. 6 Please state the names and addresses of all banks, savings and loan associations, credit unions, or other depositories in which you have deposited monies, maintained checking accounts or savings accounts, or established an IRA account during the lime that you and plaintiff lived logclher; in addition, for each such account, please slate the type of account, the account number, and name(s) on the account. During the time that you and the plaintiff lived together, what were your agreements and/or expectations concerning the monogamy of the relationship, and on what do you base your answer to this interrogatory? ANSWER: ANSWER: INTERROGATORY NO. 7 During the lime that you and the plaintiff lived together, did you ever discuss arrangements or agreements in the event of a separation? If so, what was your understanding of the arrangements or agreements? INTERROGATORY NO. 11 Are there any safe deposit boxes, vaults, safes or other places for deposit in safekeeping in which you and/or the plaintiff have deposited any money, documents, or other items of personal property during the lime in which you and the plaintiff lived together. ANSWER: 12 �ANSWER: INTERROGATORY NO. 16 INTERROGATORY NO. 12 Please list any and all personal property owned by you, or you jointly with the plaintiff, during the lime in which you and the plaintiff lived together. Please include a description of the property, the location of said property and the present value of the property. Please list all stocks and/or bonds owned by you, or you and plaintiff jointly, during the time in which you lived together. ANSWER: ANSWER: INTERROGATORY NO. 17 interro(;atory no. 13 Do you hold any life insurance or annuity policies? If so, with respect to each policy, please Slate the name of die insuring company, the policy number, the beneficiary or beneficiaries, the type and face value of said policies, the person or entity who pays the premiums thereon, and whether the premiums arc current. Please list any and all debts or outstanding obligations owed by you, or by you jointly with the plaintiff, and to whom those debts are owed. ANSWER: ANSWER: INTERROGATORY NO. 14 Docs anyone owe money to you, or to you jointly with the plaintiff? If so, please slate the name and address of the dcblor(s), the form of obligalions(s), the amount(s) owed, and the date each of the obligations becomes due and payable. INTERROGATORY NO. 18 Please list all gifts, assets, or benefits, without labor or costs, and value thereof, which you have received or which you made during the lime in which you and the plaintiff lived together. ANSWER: ANSWER: INTERROGATORY NO. 15 Please list any and all real property owned by you, or you jointly with the plaintiff, during the lime in which you and the plaintiff lived together. Please include a description of the properly, the location of said property and the present value of the properly. INTERROGATORY NO. 19 Have you ever been married? If so, please slate the date of said marriage(s). the name, address and telephone number of person(s) to whom you were married, the final outcome of the marriagc(s), and, if the marriage(s) ended in divorce, please include the dalc(s), civil action number(s) and county(s) and staie(s) in which the divorce decree(s) was filed. ANSWER: 13 �ANSWER: intkrr(k;atory no. 23 interro(;atory no. 20 Arc you presently employed? If so, please state your place of employment, including the address, telephone number and your immediate supervisor. Do you have any children? If so, please siaic (heir names, addresses, dales of birih, names of their mothers, lheir custodial parent and your financial responsibility lo each of those children. ANSWER: INTERRO(;AT()RY no. 24 ANSWER: Please list in detail your employment history for the entire lime that you and the plaintiff were living together. This should include, but not be limited lo your place of employment, addrcs.s of employer, telephone number, position held, immediate supervisor, and your rate of pay. interro(;atory no. 21 Other than this litigation, have you ever lx?cn involved in a lawsuit? If so, please state the name of the case, the docket number, the county and stale in which the lawsuil was initiated, a detailed description of your role in the lawsuil, and the final outcome of the lawsuil. ANSWER: IN IERROGATORY NO. 25 ANSWER: Please slate in detail all sources tind amotinis of your present income, including but not limited lo employment, interest income, dividend income, inheritance and employee benefit plans. Do this for each year during which you cohabiiaicd. INTERROGATORY NO. 22 Have you ever been convicted of a criminal offense? If so, please detail the incident of your arrest, the county and state in which the arrest and/or conviction was obtained, and the final outcome of the conviction. ANSWER: DATED this day of , 1990. ANSWER: CERTIFICATE OF SERVICE This is lo certify that on the day of , 1990, at Casper, Wyoming, I served the above and foregoing by depositing a true and correct copy thereof in the United Stales mail, duly enveloped, sufficient postage prepaid and addressed lo: James W. Owens 14 �Native American Poetry: One Evolution By Helen Schindler Course: Native American Literature Instructor: Jacqueline Valdez Assignment: Write a research paper on some facet of Native American literature and/or culture, tying the two together as appropriate. Poetry can be defined as the use of language in a way that creates an emotional response in the reader. Poetry usually has a rhylhym that is pleasant to the car, but not always, and is in concert with the subject of the piece. It can be as short as one or two words, or as lengthy as multiple volumes. Because it creates an emotional response, poetry is used deliberately for whatever purpose the audior has in mind. Love, hate, joy, hope, indifference, social awareness and change are all within the range and scope of the poet. Most cultures have poetry and probably all cultures use it in similar ways. The poetry of Native Americans expresses their hopes and prayers, their history and religion, just as the poetry of any other culture expresses the same thing. As a culture deeply rooted in respect for the environment and totally in tune with nature, the American Indian has a wealth of spirituality to draw from. In the past the poetry of Native Americans reminded the people of their history and heritage taught about religion and relationships, and life and death through songs, chants, and incantations, and continues to prepare the people for the future by celebrating the past. Although early Native Americans used poetry 15 �Historically prayer was the substance of life. Unlike modem religions, even Christianity, belief was not something that was acquired. It was a lifestyle. There was no life without prayer. Spirituality was who they were, a oneness with the animals and the land. Prayer was the covenant between the land and the gtxls. Alonzo Lopez, writes in hi.s poem “Direction” (Dodge and McCollough 68), a tribute to the four directions plus the earth and sky. It is a prayer asking to be one with the universe. Native Americans used p<x?try to teach. Many hours were spent reciting the history, practices, and beliefs of the community. The children were taught the ways and works of their ancestors, how the world began, how it will end, and all the information needed to sustain life through the songs and poems of the people. A Mandan poem, "A Bedtime Song For Children" (Brandon 90-91), sounds very much like a Mother G(K)sc rhyme. It has a p!ca.sant rhythm, suspense, and a lesson on fear. Poetry or songs were rarely used purely for entertainment. Mostly they were used to gain control of a situation, or to make something right, as in prayer. Every part of Indian life had a purpose. Nothing was wasted. Because everything was lied to everything else, or the idea of the circle, each action or thought or word wa.s related. Though the original Native American poetry was oral, and not literal (Western Literature Association 12), the work of modern Native American poets is in the written form. The artform is natural for Indians. A young Navajo is quoted in The Way: An Anthology of American Indian Literature as saying that “...poetry is not an art form. It is the way the people talk” (Hill 62). Thi.s statement has been debated, but it is evident that free fomi verse comes naturally to many of the modern poets. Rhymed verse is rare. That medium seem.s to be loo restrictive and confining. Much of the old way, the songs, prayers, and chants, is found in the new, the poetry of young continuously they were unaware of the art fonn. John Bicrhorsl, in the foreward to the b(.x)k The Sacred Path: Spells, Prayers and Power Songs of the American Indians, remarks, “The word ‘poetry’ has no precise equivalent in the Native American languages” (3). Instead, what is considered poetry by European Americans is actually songs, prayers, spells or words of songs. William Brandon, in the introduction to The Magic World: American Indian Songs and Poems, writes, “Some of our most honored masterpieces, such as the works of Homer, have descended from the same conditions that apply to most American Indian Literature and oral tradition, translations, uncertain authorship” (xii). Each poem and poet is highly individualistic. Unlike European poetry, the voice is not that of “I” but instead it is that of everyone, or a representation of the whole. This reflects the Indian humbleness of spirit and belief that everyone is part of the whole. “Among the most widespread metaphors in the Indian poetry arc those in which good health is compared to sunrise, or the lifetime of the individual is compared to a path, or road” (Bierhorst 6). This explains the relationship between natural forces in nature and the people. Every Indian had his own song. Some had many songs. Wealth is measured by different standard.s in different cultures, and often money or material wealth meant very little when compiled to spiritual wealth. To be without a song was to be poor. Brandon states, “Life was a mystic adventure and making up songs and singing them its most important business” (xi). Each song was as unique as the individual. The theme of each song or poem is different to each reader just as every subject is different or special to each poet. In the introduction to the book Harper’s Anthology of the 20th Century Native American Poetry, Brian Swann says, “Native American poetry is the poetry of historic witness” (Niatum xvii) 16 �Native American writers. There is always a reference to the land. The land is the common denominator of all Native American writings, beliefs, religious ceremonies and customs. Niatum writes, “Simon Ortiz was told by his grandfather, medicine man and elder of the kiva, ‘how we must sacredly concern ourselves with the people and the holy earth’” (xxviii). In the new as well as the old the earth, sky, animals, plants, and man are very closely connected. Leads me to my friend, the white man. I come again to my miracle hill. At last, I know the all of meOut diere, beyond, and here upon my hill. (93) Both poems have reference to the wind, the elements, and the soul. Even the love songs and poems make reference to the earth and sky. This is from an ancient song: “Ojibwa: Love-charm Song:” “ ...I can do this where he may be/under the earth/or in the very center of the earth!” (Brandon, 99). This is the work of modem poet: “Indian Love Letter” by Soge Track, “Lady of the crescent moon/tonight I look at the sky...” (Dodge and McCallough 113). In love all cultures seem to be of one accord. The moon and the heavens and the earth are universal symbols of love! Native Americans have had their land stolen, their families kilted, and their homes taken away by the white government. They have been forced to relocate to a hostile environment, learn new and unfamiliar ways of doing things, and to reject their heritage. Indians have, through the years, endured more hardships, both physical and spiritual, than most while men can even imagine. Their faith has been shaken, their beliefs ridiculed and belittled, and their souls bmised. However, if the writings of the new generations of Native Americans are noted, their spirit is still strong. It seems they are finally beginning to find a place in the new world in which they have been forced to live. Their poetry is strong, and although it contains, understandably, a strain of bitterness, it also canies a message of hope to all the world. Niatum writes, “Although the poets differ from one another widely, they can hold their own on the American literary scene today. They have become an integral part of it” (xix). Through the messages and feelings found in the poems of the Indians, our world can find hope for a better, stronger future. Paiute: Ghost Dance Song The whirlwind! The whirlwind! The new earth comes into being swiftly as snow. The new earth comes into being quietly as snow. (Brandon, 129) The above is an example of an old song. The following is an example of the new poetry. This is found in The Whispering Wind: Poetry by Young American Indians, edited by Terry Allen. The author is Emerson Blackhorse Mitchell. Miracle Hill I stand upon my miracle hill. Wondering of the yonder distance. Thinking. When will I reach there? I stand upon my miracle hill. The wind whispers in my ear. I hear the songs of the old ones. 1 stand upon my miracle hill. My loneliness I wrap around me. It is my striped blanket I stand upon my miracle hill. And send out touching wishes To the world beyond hand's reach. I stand upon my miracle hill. The bluebird that flies above 17 �Works Cited Allen, Terry, ed. The Whispering Wind: Poetry by Young American Indians. New York; Double Day & Co., Inc., 1972 Bierhorst. John. ed. The Sacred Path: Spells, Prayers and Power Songs of the American Indians. New York: William Monow & Co.. 1983. Brandon. William, ed. The Magic World: American Indians Songs and Poems. New York: Alfred A Knopf. 1972. Dodge. Robert K. and Joseph B. McCollough, eds. New and Old Voices ofWah' Kon-Tah. New York: International Publishers, 1985 Hill, Shirley, ed. TheWay: An Anthology ofAmerican Indian Literature. New York: Alfred A Knopf, 1972. Nialum, Duane, ed. Harper's Anthology of 20lh Century Native American Poetry. New York: Harper & Row. 1988. Western Literature Association. A Literacy History of the American West. Fl. Worth: Texas University Press. 1987. La Vista Estoy despertado por un dulce vienlecilo Con las carcajadas de un gallo. Al levantarme estoy sorprendido del aroma de mi curarto estoy acostumbrado al olor de un desayuno continental pero hoy no es asi hoy hay un olor que no puedo describir no es olor malo, Iosco sino que un olor de temor si temor tuviera olor. Viendo por mi ventana, parece que estoy saludado por un grupo de nubes muy enojadas. Un viento violento se ha comido el vientecito dulce que me levanta. Ahora s6 que es cierto, nos viene de visita la maldita Fifi. The Visit A gentle breeze carries the cackle of an early rising rooster Which promptly wakes me up. While arising, I am startled at the aroma in my quarter, for I am expecting the usual scent of my continental breakfast. But not today; today there is a smell that is indescribable: not a bad or gross smell, but a smell of fear, if fear were an odor. As I peak out my window, it seems as if I am being greeted by a barrage of dark angry clouds, and the hoarse whistle of a violent wind that has eaten the gentle breeze that awoke me. It can't be denied now, we will be visited by Fifi. Hurricane Fifi Gordo (Lee Glendenning) Spanish Composition I (Linda Durham, Spanish Instructor) 18 �From the Land of Morning Cahn To the Land of Milk and Honey By Loel K. Robinson Course: Cultural Anthropology Instructor: Dr. Barbara Mueller Assignment: The student was to interview someone from a foreign coxintry and, using an assigned outline, write a modified ethnography. Chang-Kyo Kim is a 65-year-old naturalized citizen who emigrated from Korea to the United States in 1945 to go to school. His original plan was to finish his education and lake the best of American know-how back to his homeland where he would establish his career, marry and settle down to a productive life. But, like many foreign students, he ended up meeting his future wife in this country and settling in the United Stales. For this, I am grateful, because my interviewee also happens to be my father. Being this close to the subject, I had to consider the effect our relationship would have on my objectivity in this project, but in the end, the “problems” presented an irresistible perspective to work from. The opportunity to transmute booklearned knowledge about anthropology into an understanding gained at a personal, more meaningful level seemed quite in line with the holistic philosophy of anthropology. Ideally, I would be able to both contribute and gain insight into the makeup and experiences of my foreignbom subject who, not incidentally, wielded great influence upon my personality. Firsthand 19 �economy, eagerly seeking its place in intcmalitxial affairs. Since World War II. Korea has been aggressively westernizing its culture and like many other Asian societies, a distinct contrast exists between its native traditions and its current synthesis of western culture and ideals. knowledge of the person and secondhand knowledge of the culture placed me in a category often found in the United States-that of a firstgeneration American. Overview Religion, World, and Cosmic Views This study focuses on a nanow, but interesting portion of Korea's long history. The Korea my father experienced was a country in flux: engineering a bridge between the ancient and the modem, the east and the west. The optimistic description of Korea as the “Land of the Morning Calm” belies its long tradition as the political arena for Manchuria, China and Japan. From 1910 to 1945, Korea suffered under colonial rule by Japan, the twentieth century episode in a long history of political struggle and invasion. It is no coincidence that Korea's Independence Day is August 15, 1945--the day the Japanese surrendered to the Allied forces and ended thirtyfive years of oppression. Traces of prehistoric man have been uncovered at Tonggwanjin, the Chommal Cave, and on Yongdo island, but ethnically the Korean people trace their roots to the Tungusic branch of the Mongoloid race who also inhabited Siberia, Manchuria and Mongolia. Because of its geographic position, Korea integrated influences from China, India, Manchuria and Japan into a national identity, uniquely Korean. Native shamanistic traditions undergird the system of beliefs that also include Chinese Confucianism, Indian Buddhism, and, most recently, Christianity. Korea seems unusually tolerant of religious differences. Statues of Buddha, pagoda temples and Protestant churches are everywhere, and evidence of each religion’s impact on everyday Korean life is visible in bustling local shrines, nationally observed holidays, and a thriving YMCA. Historically, Korea not only preserved Confucian ideology, but also physically extended the scope of China's influence to Japan. Increased missionary activity coincided with increased nationalistic awareness to merge political and spiritual senses in the early 1900‘s. Holidays commemorate both religious and political events. Buddha's birthday. Children's Day, New Year’s, and ancestor worship break up the seasons and reflect Korean reverence for old age and family lies, and diverse religious acceptance. An astrological calendar and a Julian calendar serve different purposes: one mystical and rich in folklore, the other practical for functioning in an international timeframe. Old resentments fade slowly. My father has never owned a Japanese car. When I graduated from high school, my father refused to buy me the Japanese car my mother and I deemed most practical for a young college student commuting long distances in an urban area. I did get that car, but it was significant to me that my mother had to pay for it with money earned from her job. Years later, when / brought up that incident, my father told me about his father’s first car-~an American model—a great luxury and the latest technology, and, to a little boy, a chrome and steel manifestation ofAmerican ingenuity. It was under these circumstances that Korea began its transition from an agrarian economy, poor in natural resources, to a dynamic, industralized country with a fast-growing open 20 �Language translating his thoughts into English. Material Culture The Korean language falls within the Altaic family. Before it mysteriously ended, the Altaic civilization was believed to have been more widespread than its southerly contemporary, the Greek civilization. The breadth of Altaic influence is evidenced from the crown jewels found in the Kyongju tombs to ancient jewelry displayed in Leningrad. Koreans had no written language before C.500B.C., when Chinese pictographs were imported, but Chinese symbols didn’t precisely fit the Korean spoken language and were accessible only to the scholarly elite class, the yangban. So, during the Lee dynasty (approximately 500 years ago) King Sejong formed a taskforce of scholars to develop a phonetic written language that the common people could easily learn. This commendable cultural achievement resulted in widespread literacy and today the 40-leiter native alphabet, han'gul, is relatively uncomplicated by regional diversity. Korea is a mountainous, peninsular country on the southeastern coast of Asia, bounded by the Yellow Sea and the Sea of Japan. Its weather ranges from harsh winters to monsoonal summers, with only one-fifth of its land suitable for cultivation. Traditional crops were rice, wheat and barley, from which developed a fairly simple cuisine based on rice and kimchi (a spicy, fermented salad made of white turnips and cabbage), supplemented by fish, and, to a lesser degree, beef and pork. Soups were an important part of meals, so eating utensils included long­ handled spoons with shallow bowls along with chopsticks. Today's more affluent, industrialized society has added more meat, poultry and dairy products to their diet, and, since it has departed from an agriculture-based economy, Korea now imports most of its rice. Traditionally, houses were built of stone mortared with clay, and covered with a heavy tile roof. A distinctively Korean feature called ondol has existed since the fourth century B.C. Ondol is a heating system consisting of a network of flues installed in the stone floors which carry heal from a central woodbuming stove to different rooms. The stone floors are covered by clay, then a linoleum-like oiled paper. Although this ingenious system has allowed comfortable living conditions for a majority of the population for centuries, it has also contributed to a serious problem Korea faces today-deforestation of their countryside. Denuded forests combined with a relatively sandy soil have led to soil erosion problems, which, in turn, necessitate heavy fertilization of arable lands. The Korean government has invested heavily in reforestation programs in an effort to alleviate this situation, but it is said that today no tree in Korea stands over twenty feet high. Settlement patterns followed the needs of a clan-based, agrarian society. In rural areas. / remember telling my father (when I was young enough to get away with it) that he “talked, funny." Z grew up in a society with an insular attitude toward language. The Ugly American always traveled abroad expecting everyone to speak English. ! was that American when I hitchhiked through Europe in the early 70's. What a revelation to travel no further than the New Jersey Turnpike runs and find myself in a different country than I had begun the day’s adventure-complete with different culture, food, and language. My father grew up being forced to learn English and Japanese besides his native language. With childish shortsightedness he resented having to study unnecessary subjects. My father’s “funny “ English was good enough to teach Wellesley summer school students. He recollects the day he realized he was thinking in English rather than thinking in Korean and 21 �lone, reflecting popular culture throughout the generations. Operatic music is composed as long, dramatic narratives and preserves myths and legends. Different types of music demanded different kinds of instruments, each appropriate for its genre of music. Court music used bells, flutes, and L-shaped stone percussion inslrumcnis played like a xylophone. Three eleven-lo-twelvc-stringed instruments, and hourglass-shaped drums were used for popular music. Today, most of this indigenous music has taken on ceremonial significance or has been adapted to western music styles. In the early 1900s, a new form of popular song called ch'angga combined elements of Christian hymns, patriotic themes and western melodies. These songs uplifted the oppressed Koreans and fueled their growing sense of nationalism during Japanese occupation. Dancing between men and women as a social activity is traditionally taboo. Most dancing was done for ceremonial or religious purposes, and ascribed movements like shoulder-shaking show a markedly Mongol influence. extended family units lived in compounds within their farms. Small towns evolved inland to provide support services for the farmers and along seacoasts where fishing was successful. Today, the effects of an industry-based economy have drawn the majority of the population to the cities where employment and previously self-produced necessities are available. Traditional Korean clothing includes short jackets for men and women (cotton-quilted in winter) and long, loose skirls or pants tied at the ankle for men. White so predominated as the color for everyday clothing that the Chinese and Japanese called Koreans “white clothes people.” Women and children brightened this plain palette with bright stripes on the sleeves or multi-colored ribbons. Shoes were moccasin-type of woven straw, or less, often, leather. Men wore horsehair hats shaped somewhat like tophats. Today, traditional clothing is reserved for special occasions while western-style clothing is more typical for daily wear. One sees more traditional clothing worn in rural areas, so that traditional attire may eventually come to signify socioeconomic differences. Historically, weapons were spears, bows, and anows, and broad swords. During the Japanese invasions in the fifteenth century, Admiral Yi Sunsin invented his famous “turtle ships“ (kobukson) which were iron-plated, spiked fighting vessels with cannon installed on all sides. Modem Korea's military abounds with the hightechnology weapons and nuclear power that guarantee efficient destruction. Being the “bone“ that China and Japan fought over may have developed in Korean society a fierce sense of survival. Chinese-inlluenced musical instruments and styles predominate in classical Korean music. Having three kinds of music ensures a rich diversity of sound present in all facets of Korean life. Court music has a formal, ritualized sound similar to ceremonial Chinese and Japanese music, while folk music has a more casual, emotional Social Relationships Koreans traditionally follow a patrilineal method of tracing descent-girls were removed from the family tree once they married. If widowed, a virtuous young woman was not expected to marry again. Widowers, on the other hand, were permitted to remarry, especially if no sons had been produced. The relationship between father and son (particularly the eldest) was primary, with the husband-wife relationship taking a back seal to the male-dominant structure. Sexual mores were strict, with boys and girls leading segregated lives after they reached seven years old. Homosexuality was taboo. Combined with a reverence for one's ancestors, these clearcut codes of behavior helped define individual identity and preserve family structures. Families were male-centered and practiced primogeniture, with the eldest son assuming the lion's share of family responsibilities and obligations along with 22 �the family wealth and properly. The eldest son was expected lo run the family farm, lake care of aging parents and, especially, maintain the ancestral tombs. Daughters were expected lo run the household and raise the children, showing deference lo the elder women's (mothers-in-law) wisdom and experience. Relationships within clans were exogamous and marital practices like arranged marriages and not marrying within the same “clan-family“ helped develop kinship loyalties. powerfully equalizing effect on Korean class structure. Sangmin the “common people’’ made up the bulk of the population and ch'onmin were the “despised people.“ The sangmin, although common, were still respectable; however, the ch'onmin were laborers, prostitutes and slaves. Endogamy within class preserved the class distinctions and, although 1 don't know how strictly this is observed, prejudices take longer to fade. My father used lo tell us about his father's eating at his own table while his mother ate in the kitchen with the children. Although he remembers being granted the privilege of eating with his father on special occasions (getting good grades, for example), he never mentioned his mother dining with his father. We children were always more than a little in awe and fearful of our father, although I now realize that he is unusually affectionate for a Korean man. When he suddenly sneezed, we jumped. To me. my father has always presented a frustrating and seemingly irrational combination of intellectual idealism with worldly prejudice. He believes in being a “good" person and is morally sound, uncompromisingly ethical and kind, but his aristocratic mindset has always beenforeign to me. Daddy, in America we have no class distinctions, and everyone is born equal. This preoccupation with yangban and our family's two thousand years of written history plays over and over again in my head like an outdated song: Nostalgic, but full of images belonging to some other time and place. Classes Korean society is traditionally stratified into four classes. This system has had a significant effect on the shaping of politics and history. The highest (yangban) class was the scholarly, ruling class whose members filled elite government positions while the chungin class or “middle people’’ provided lower government officials. At a philosophical level, the yangban professed Buddhist ideals by which the individual was rewarded for good works, but this conflicted with equally accepted Confucian idealogy promoting the concept of a central government, ruled by an elite class trained in rational thought. Selfperpetuating interests of the yangban class certainly fortified the movement whereby Confucianism edged out Buddhism as the stale religion. Not surprisingly, the yangban opposed the development of han'gul which would exert a Differences and Similarities Korean's history reminds me very much of how my own country has pieced a quilt of culturally different people into one richly complex society. We share a similar problem of “melting” diverse cultural influences into a unified national identity without losing the very differences that enrich our culture. Prejudices, stereotypes and economic disparity between groups of people chafe the everyday operations of the societal machine. Although the United Stales is geographically much larger and endowed with more abundant natural resources, Korea’s transition from an agrarian society lo an industrialized world citizen echoes the ruthless nature of our own Industrial Age. Ecological and aesthetic concerns are 23 �perceived as antiquated, yet distinctly. "Americanized." He finds they don't observe traditional values (like respecting their elders) as strongly as his generation. Today's Korea is too hectic, too crowded and the people are too pushy and rude. He realizes that he has now spent two-thirds of his life away from his homeland and, although he is proud of the way Korea has leaped into the upper ranks of international citizenship, he is a little bit sad over what has been lost. postponed until the more urgent needs of progress are satisfied. That “bridge” is not clearly defined but is, instead, an organic process that synthesizes diverse historical influences, current issues and human nature. My parents have recently visited Korea, and on each occasion found themselves playing the role of tourist, rather than members of that society. Many changes have occurred that disturbed my father's memories and challenged his sense of what Korea is. Among younger Koreans, he is Sources Covell, Jon Carter. Korea's Cultural Roots. 1983: HoHym International Corporation; Elizabeth, New Jersey Lee, Ki-baik; trans. Edward W. Wagner. A New History of Korea. 1984. Harvard University Press; Cambridge, Massachusetts. El Flicker Tengo calor dentro de mi casa. Miro al pajaro carpintero colgando del porche, Con los ojos negros y la garganta negra, Hcoteando constantemenie en la nieve. Con su pico largo. The Flicker I am warm inside my house. I watch the woodpecker hanging on the porch. With his black eyes and throat. Pecking constantly at the snow. With his long beak. Rox Monterasielli Spanish Composition I (Linda Durham, Spanish Instructor) 24 �Brief of a Supreme Court Decision By Anita Schroeder Course: Legal Research II Instructor: MaryKubichek Assignment: To brief a case decided by the United States Supreme Court within the last year. conception and that unborn children have protectable interest in life. Therefore, the laws of Missouri should be interpreted to provide imbom children with the rights and privileges available to other citizens of the State of Missouri. Webster v. Reproductive Health Services, 492 U.S., 109 S. Ct., 106 L. Ed.2d 410 (1989). Facts In June, 1986, the Governor of Missouri signed into law a state statute amending existing state law concerning unborn children and abortions. This statute had four parts that ended up being in contention. 1. 2. Sections which prohibit the use of public employees and facilities from performing or assisting in abortions not necessary to save the life of the mother. A preamble stating that life begins at 3. 25 A section prohibiting the use of public �funds for the purpose of counseling or encouraging a woman to have an abortion not necessary to save her life. abortion counseling. 4. The requirement that physicians conduct viability testing. 4. A section requiring that prior to an abortion in which the doctor has reason to believe the unborn child is 20 weeks or more gestational age, the physician must perform tests to ascertain the viability of the unborn child. In July of 1986, five health care professionals employed by the State of Missouri and two non­ profit corporations brought this class action suit to challenge the constitutionality of the Missouri statute. Discussion and Reasoning 1. The Supreme Court need not pass on the constitutionality of the preamble. The preamble does not regulate abortion; it is simply a value judgment by the stale. The preamble could do no more than offer protection to unborn children in tort or probate situations. Lacking any authoritative construction of the statute by the state courts, without which no constitutional question arises, a judgment cannot be made. There will be time enough to decide later if and when the preamble is applied to a given situation. Procedure A Class Action Suit was brought in the United States District Court for the Western District of Missouri, challenging the constitutionality of the Missouri Statute. Several weeks after the complaint was filed, the District Court temporarily restrained enforcement of several provisions of the act. Following a three day trial in December of 1986, the District Court declared seven provisions of the act unconstitutional and enjoined their enforcement The Court of Appeals for the Eighth Circuit affirmed the District Court’s decision. The case was appealed to the Supreme Court of the United States. 2. The Court disagreed with the lower courts, saying that the State need not fund abortions. Nothing in the Constitution requires States to enter or remain in the business of performing abortions. Missouri’s refusal to allow public employees to perform abortions in the public hospitals leaves a pregnant woman with the same choices as if the State had chosen not to operate any public hospitals at all. A woman can still obtain an abortion privately. Issues 3. The prohibition on public funding being used for abortion counseling became a moot issue. The constitutionality of the following issues was discussed in the Webster, The health care officials had drawn their claim on this issue saying they were not adversely affected because the provision was directed at public paid counselors. 1. The preamble, life begins at conception. 2. The prohibition on using public facilities or employees to perform abortions. 3. The prohibition on public funding for 4. Viability tests were found to be constitutional. 26 �It is constitutional to ensure that abortions are not performed where the fetus is viable; this furthers Missouri’s interest in protection of potential human life. Because none of the challenged provisions of die Missouri Act properly before the court conflict with the Constitution, die judgment of the court of appeals was reversed. Roe V. Wade General Rule of Law The Appellants and the United States as Amicus Curiae (Charles Freed for the United States) urged the Supreme Court to use Webster to overturn Roe v. Wade. The facts in this case differ from Roe, so it can't be overturned, but it was narrowed. Nothing in the constitution requires Slates to enter into or remain in the business of performing abordons. This decision nanows Roe v. Wade, in that the trimester viability framework of Roe is not to be striedy held to; instead tests will be done to establish viability. Mi Abuela Yo estoy esperando sentir la caricia de tus ojos azules. Yo estoy deseando ver lu sonrisa bella. Yo estoy anhelando tenerte cerca, Y quiero oir tu voz tiema en mi oreja. iCu^do mi corazdn cese heriendo asi? iPor que es muy arduo soliarte? Grandmother I am waidng to feel the caress of your blue eyes. I am wishing to see your beautiful smile. I am longing to have you near, and to hear your sweet voice in my ear. When will my heart stop hurting so? Why is it so hard to let you go? Paula Franklin Spanish Composition I (Linda Durham, Spanish Instructor) 27 �The Search for the Meaning of ARC By Fred W. Jacquot Course: Physical Anthropology Instructor: Dr. Barbara Mueller Assignment: Student was to write a research paper about a controversial topic in physical anthropology. This student went beyond the assignment to conduct his own research in the development of language. My sludy began with a search for all the different meanings of the words ARC, ARK, and ARCH, which are interchangeable, both as individual words and as parts of larger words. I began with that form of arc that means ‘bear’ in Greek: ARKAS. I found that these ‘ARC’ words readily lent themselves to being grouped by general meanings. Then I took another word for ‘bear’, ARTH (Celtic), and looked for words that had within them a form of ARTH whose definitions would match the general groups into which I already placed the ARC words. I then did the same for Latin URSA (bear) and the French OURS (bear). These are my groups: The Bear, Names of Persons, Place Names, Ancient Lore or Skill, Gods and Religion, Government and Kings, Morals and Values, Geometry and Math, Building, Sailing, The North, Bow or Hunter, Languages, Earth, Metals, Mountains, Dawn and the East. Not only did I find an abundance of words that fit into my categories or meanings, but the search itself also led me to begin analyzing all words with an R in them, and that brought me to some insights on both ancient men and their languages. 28 �emanating from a point) is the source of LEY (a line on the earth). Words may be reconstructed using metathesis, spelling conventions, and L/R connections to derive new insight into their meanings. For instance, ABRAHAM by metathesis becomes ABRAHMA, or MAHARAB, MAHARAB may be the root for ARAB, a people who trace their lineage back to Abraham. It is also strikingly close to the Sanskrit word MAHARAJ, the king. There is evidence that archaic Homo sapiens had a reverence for the cave bear, including holding riles, and placing bear skulls, or remains, in special vaults (Jolly 317). The facts that ARKAS, ARTH, URSA, and OURS all mean bear, and that other forms of these words have meanings similar to each other, indicates that for archaic Homo sapiens the word BEAR was rich in diverse meanings. The diverseness of the meanings of any word is probably a measure of its original potency, its importance to archaic men. Lines were important to megalithic men. In the early l920’s Alfred Watkins discovered that the megalithic sites of England lie upon lines called ‘leys’ (Michelle 9). Further, he discovered, by walking the lines on the maps that connect these places, that there were ancient paths and along them standing stones, or stone crosses not shown on any map. Some, when convenient, had been taken over by Roman or modern road builders (Michelle 29). It is now known that similar lines run through Ireland, Northern France, Germany, China (known as lung-mei, the paths of the dragon), and the Nazca plains in Peru (Michelle 26). To the ancients there was no difference between a ‘line’ of descent or a mathematical ‘line’. Royally, religion, astronomy, and mathematics were connected, were strongly linked, by general ideas and principles. Tribes were ruled by ‘priest-kings’. The king’s REIGN was his RULE, He was a RULER, in that he held the power and he set the RULES (Benevisia 307). He was a RULER in that he came from a ‘line’ of Below is most of what I found. The Indo-European languages come from one root stock. This stock began ‘branching’ as Icmg ago as 24,000 B.C. (Renfrew 116). This implies that language use is very ancient, and that the Indo-European language users were already in place in Europe and Asia long before the introduction of the wheel, the horse, farming, metals, writing, or sedentary living. The Indo-Europeans were in close contact with peoples of other language groups, particularly those of the Semetic languages. This resulted in a borrowing of words and ideas across language barriers, whose extent is not yet fully realized. This borrowing was so extensive that the different languages came to be more oriented north and south than by language family. Thus peoples in Northern Europe revered the bear and gave the ARC words to the people to the south, while they revered the sun, or RA and gave many R words to the p>eople of the north. Many ancient languages were written without vowels and word metathesis was extensive. These two practices gave rise to creative spelling and spelling conventions, not all of which are yet understood. Thus, in Greek, an AURA is a golden glow but ARUM or OR are plain gold. Often when an R comes before the vowel, it refers to a deity, a priest, a religious idea, or a mystery. When the R follows the vowel, this implies something accessible to or knowable and workable by a common person. R is one of the ‘liquid’ consonants; the other is L. There is a strong relationship between L and R within words. The R word is often a principle or its source, while the L word is its manifestation. Thus the ROI is the source of the LOL The ROYAL is the source of the LOYAL. The REGAL is the source of the LEGAL. The RIGHT (a direct course, a straight line, a lineage, an agreement with a principle, a true or orthodox belief) is the source of the LIGHT (enlightenment, knowledge, that by which one is guided). The RAY (the mathematical concept of a line 29 �kings and was lhe source for a future ‘line’. Il was also his duty, as PRIEST, to lay out, with straight ‘lines’ lhe walls of cities, and lhe precincts of the temples, to separate the sacred from the profane (Benevista 307). He ORIENTED the temple to face east, and RULED by divine RIGHT. Another duty of lhe priest/king was lo act as treasurer-assayer-goldsmith for the tribe. There are many RO ad OR words connected with the king and with gold: too many to be coincidence. Many dynasties traced their ‘line’ back to a sun god. Even today the Japanese emperors are able lo do this. The sun, of course, is golden; and those mortals who were properly oriented lo il and its ‘line’ would receive lustrous GLORY, FAVOR, and GRACE. Words with BAR, BER, RAB.REB, BRA, BRE refer lo those times when the authority of the priest-king was symbolized by his ROBE; which, literally, was a BEAR skin. This has been carried forward into modem customs. Thus the RABbi, a Jewish religious teacher, is linked linguistically to the Indian holy man, lhe BRAma. There are interconnections between ARC words; words that mean ‘bear’; words with ART, ARS, ARD, ORT, ORD, in them; the word ARM; the word MARS; lhe word RAM; and the words ARES and ARIES. These relationships are shown in Figure 1. Words with some form of ARC are numerous in our language. Here are some of them. These words which are capitalized refer to that which is unstraight, curved, or bent. The rest of the ARC words in the list below have religious meanings: charisma, charm, cherub, choir, CHORD, chorus, church, CIRCLE, CORD, CORNER, CORONA, coronate, CORRUGATE, CORRUPT, credo, CREPE, CRESCENT. CROWN, CRINKLE, CRITH, CROOK, CROOKED, cross, cure, curse, CURVE, karma, sacred, TORCH (from O.E.D.) The R words in our language are heavily represented among words for metals, signs of lhe Zodiac, and words that have religious meanings. Even personal names in lhe Bible have a disproportionality high number of R’s in them. There are over 30 names in the Bible which have an R in them and which begin with A. Six of them also contain a RAM within them; and one contains a REX (Schaff 1065-1076). All I have presented suggests that in the limes of the priest-kings knowledge was unified; and individual words had more potent meanings than they do today. This gave men a more connected, and more united world. Evidence of this simpler existence, of simpler beliefs, has been preserved in a changing, yet ‘immortal’ vessel: language. What we learn of these people will depend, in part, upon our skills to survey, excavate, and analyze this find. Note: This paper is condensed from a thirtytwo page paper. © 1990 Fred W. Jacquot 30 �Works Cited Benvcnisl, Emile, et al. fndo-European Language and Society. Coral Gables, Florida: University of Miami Press, 1973, Jolly, Clifford J. and Fred Plog. Physical Anihropology and Archeology, fourth edition. New York: Alfred A. Knopt, Inc., 1987. Michel, John. The View Over Atlantis, third printing. New York: Balantine Books, Inc., 1973. O.E.D. Oxford English Dictionary. New York: The Clarenon Press, 1961. Renfrew, Colin. Archeology and Language: The Puzzle ofIndo-European Origins. New York: Cambridge University Press, 1987. Scharf, Philip, editor, The Bible Interpreter, Comprehensive Bible Helps. New York: J.A. Wilmore and Company, 1897. 31 �c Intake Memo By Gail Grosenheider Course: Paralegalism I Instructor: Mary Kubichek Assignment: Students were to interview a client then record the factual information for the attorney who employs them. 32 �Law Ofiices of Kubichek & Kubichek 1234 Second Street Casper, Wyoming 82601 (307) 266-1234 TO: Mary Kibichek FROM: Gail Grosenheider DATE OF MEMO; November 12. 1990 DATE OF INTERVIEW: November 10,1990 CASE: 1089 FILE: 90-234 KIND OF CASE: P.I. RE: Adam Ables PERSONAL DATA NAME OF CLIENT: Adam B, Ables ADDRESS: 7576 Oak Drive, Casper, Wy 82602 PHONE: 577-2345 (Home) 266-6789 (Work) AGE: 35 MARITAL STATUS: Married EMPLOYMENT: Casper Coal, Inc. they arrived at Mr. Drake's home. They were told the party was in back by the pool. On the deck a bar and a table with hors d’oeuvres were set up. The party was loud and it was obvious that many of the people had already had quite a lot to drink. Both Adam and Ann got a drink and began walking to the other side of the pool where they saw Barry and Cindy standing. At this time, Ed Ego and Frank Flake spotted them and began rushing toward Adam and Ann. They were laughing and jostling each other and were quite obviously drunk. When they got about three feet from Adam and Ann, they lunged at Adam and Ed said, "The last one at the party gets thrown into the pool." They dragged Adam toward the pool and half pushed and half threw him in. They were at the comer of the pool and on the way in Adam's right leg and ankle hit the side of the pool and shattered. Adam said he knew right away that he was badly hurt. He tried to reach the edge of the pool, but could not reach it. He had to swim to reach the edge. He said he was in great pain and called You asked me to conduct a comprehensive intake interview of Adam Ables, our client, in order to find out why he contacted our office. Mr. Ables would like to find out if he can collect outof-pocket expenses incurred due to an accident on July 20. 1988. On July 20, 1988, Mr. Ables and his family arrived in Spanish Fork, Utah, after a 10-hour drive from their home in Gillette, Wyoming. They had traveled to Spanish Fork to attend the wedding of their friends, Barry Baker, and Cindy Capps. Adam's wife, Ann, was to be a bridesmaid for Cindy. They arrived later than expected, so they went directly to the church where the rehearsal for the wedding was being held. After the rehearsal, the wedding party was going to a local restaurant for the pre-nuptial dinner and then to a party to be held by Dick Drake, a friend of the groom. Adam and Ann wanted to shower and change after their long trip so they told Barry and Cindy to go to dinner without them and they would meet them at the party at Dick's home later. Approximately four hours later at 10:00 p.m. 33 �for help. He said everyone was laughing and a lol of pushing had begun on the edges of (he pool as other people were trying to push each other into the pool. He said he could see that Ann was trying to gel lo him to help him, but Ed and Frank were threatening lo throw her into the pool also. Finally, when Ann began crying, they realized that Adam was really hurt. Adam said it was probably only a matter of seconds while al! this took place, but lo him it seemed like an eternity. Ann, Ed, and Frank finally got Adam out of the pool and it was quite evident that Adam's leg was broken. Dick got Adam into his car and look him and Ann to the local hospital. They arrived at the emergency room in about ten minutes and were assisted by a nurse. Dick, being very inebriated himself, was rude and abusive to the nurse. After a brief exam, the nurse said she was going to call a doctor to examine Adam. After examining Adam, Dr. Grim told them that Adam's leg was broken and his ankle shattered. He said he would put an inflatable cast on it and have it x-rayed in the morning. The next morning Adam was x-rayed and Dr. Grim said it was more complicated than they could handle in Spanish Fork so Adam would have lo be transported to Salt Lake City. Dr. Hugh Helper told Adam and Ann surgery would be needed to set the leg and pin the ankle, and that Adam was scheduled for 4:00 p.m. that afternoon, July 21. Ann relumed lo Spanish Fork to take part in the 2:00 p.m. wedding and returned to Sall Lake City immediately afterward lo be there for Adam’s surgery. The surgery was performed; the ankle was so badly shattered that eight pins were required lo hold it together. Dr. Helper told Adam and Ann that Adam would probably always have a limp and arthritis would most assuredly develop in the ankle as Adam aged. Adam had originally planned lo use only three vacation days for the wedding. He was due to be back at work at Energy, Inc., in Gillette, Wyoming, July 24. He was released from the Sall Lake City hospital on July 28. Dr. Helper said he would be able to travel August 4 and made arrangements for Adam to see Dr. Ivan Ink, an orthopedic specialist in Casper, for continued treatment. Adam said he could not afford lo fly, so he and Ann and their three children drove from Spanish Fork to Casper. They arrived in Casper on August 6 for their appointment with Dr. Ink. Adam was able lo return lo work August 18, almost three weeks later than he had expected lo. He had another surgery on September 22 lo remove the pins that had been put in his ankle. This caused him to be off work an additional three weeks. After six months, Adam was able lo work without the use of crutches or a cane. He continued extensive therapy for six months, which began December 20 and ended June 30,1989. He has a slight limp now, but continues with therapy al home. Adam would like to receive the money he has had lo pay over what his insurance covered for the surgeries and therapy. His medical bills have totaled $45,000. His insurance, Prudential, covered 80% of the cost, or about $36,000, leaving a balance of $9,000 that Adam had to pay. This put a great financial burden on the family. Also, Adam used all of the sick leave and vacation leave he had accrued at Energy, Inc. and had to take some no-pay days for his treatment. Energy, Inc. also had a bonus program where every employee that took no sick days during the year received $500 for that year and after five years of using no sick leave received an additional $1,000. Adam had received the bonus three years prior to the accident, so lost the bonus for years of 1988 and 1989 and also had lo start over on accruing the five year sickness free bonus, which he would also have received in 1989. Adam contacted Janet Jones, a representative of the Prudential Insurance Co., about whether Mr. Drake's homeowner's policy through Stale Farm would pick up any of the additional expense. He said Ms. Jones told him to contact Mr. Drake himself. He called Mr. Drake, who became abusive and said that if Adam filed any kind of 34 �by holding the party and serving alcohol around the pool, which could be a substantial hazard to his intoxicated guests. It may also be considered as to whether Mr. Ego and Mr. Flake are responsible for part of the medical costs. I told Mr. Ables you would contact him by November 19 to let him know how to proceed. I asked Mr. Ables to compile all his medical bills, travel expenses, and a list of all the people he knew who attended the party. 1 suggest that, pending your approval, I begin the following tasks: Organize and label the documents that Mr. Ables brings to the office. Contact the hospitals in Spanish Fork, Utah; Salt Lake City, Utah; and Casper, Wyoming, for medical reports. Contact any witnesses from the list that Mr. Ables compiles to get their statements on what happened at the party. Research the laws in Utah regarding the issue of liability. claim he would not be able to afford the insurance. He would not even give Adam the name of his insurance agent CONCLUSION Adam is a well spoken college educated man. He is well dressed and handles himself in a professional manner. He relates his situation in a concise manner and is sure of all his facts. He and his family moved to Casper approximately six months ago. He said that since he can not get cooperation from his insurance company or Mr. Drake, he thought he would see if there was a way to receive compensation. He does not appear to be vindictive, but would like to be reimbursed for his out-of-pocket expenses. He said he would appear in court if required to, but would prefer not to. In my judgment, Mr. Ables should be reimbursed by State Farm for the expenses incurred due to this injury. Also, there may be a possibility that Mr. Drake can be found negligent 35 �Lab Report By Nancy Young Course: Data communications Instructor: David Arndt Assignment: After constructing a circuit to interface the Micro-85 computer with a UART, Universal Asynchronous Receiver Transmitter, the student must write a program to transmit serial data to a remote terminal. The program, written in INTEL assembly language, must activate a clock to drive the UART and the transmit data from a data block or from a keyboard. In the lab report, the student must explain how the program works and what each instruction does in the program. The student must also explain how the program manipulates the hardware in the Micro-85 and in the UART interface circuit. Objective: 1. Demonstrate competence in the use of software to program the U/XRT and the 8155 I/O to transmit serial data through a RS-232 Protocol Link. 2. Analyze the software programs used in this experiment 1 MC1489 RS-232 Line Driver 1 14 Pin Parallel Jumper Cable 1 14 Pin Wire-wrap Socket Procedures: Consuiicl the circuit (See diagram on page 37) Program: MVI A, $AO Moving the low bit of the word into the accumulator to structure the Time Reg. OUT 24 Write the low bit to the 8155. Materials Required: Casper College 8085 Microprocessor system 1AY-5-1013A UART 1 MCI488 RS-232 Line Driver 36 �lltl* ftS-232 PROTOCOL LINK document Nui>*«r A CftSPCR COLLEGE 5at<: 14. I e Procedures: Construct the circuit (from page 36) 19.2kHz (BAUD rate x 16) and convert that number (base 10) to Hex =AO. This is sent out to the low byte of the Timer Reg. (24). To set up the high byte of the Timer, the clock function described on Pg 2-32 Fig. 5 of the handout for the 8155 is the one we want-01. (This code causes the 8155 Timer to produce a square wave output.) This code is pul in the last 2 bits of the Reg. The remainder of the Reg. can be used if the structure word is more than 8 bits. This (40) is sent to the high byte of the Timer al address $25. MVI A, $CD Move immediately the data (CD) Moving the high bit of the word into the accumulator to structure the Timer Reg. OUT 25 Write the low bit to the 8155. This much of the program sets up the Timer Reg. that sets up the BAUD rate. This system runs on 1200 BAUD; to calcualte this we start with the rate we want 1200x16 = 19200Hz at T out. The system is using a divide by 16 clock, so to gel the input frequency for the UART, we multiply the BAUD rate by 16. Then the clock of the 8155 is at 3.072 MHz; we divide that by the MVI A, $40 37 �to the accumulator; this is the word to structure the Command Reg. Out 20 Sends the word CD to the Command Reg. D7 D6 D5 D4 D3 D2 DI DO out=l 1 1 0 0 110 1 =CD in=0 Timer Mode Pon C Port B Port A LXi H, 5200 MOV B, IB MOV A,M OUT 21 MVIA ,$18 OUT 23 OUT 23 Address where the message is stored in ASC II code. It was put there by using the G0800 program (word processing). After it was typed in, the number of bits used was looked at by looking at address 2043. This bit was IB. Move into B Reg. the number of bits used in the message. B Reg. will be the counter. Each lime a bit is transferred, it will be decremented and when 00 it will be loaded again to start over. Move from memory to accumulator to go out the port, as only the ports can be accessed through the accumulator. 21 is the code for Port A. Writing the bit in accumulator to Port A which is connected to data bit input lines on the UART. Move into the accumulator the word 18. This Word will be pul on Port C in Binary Code. 23 is the code for Port C. Write the Word 18 to Port C. UART Data Strobe is connected to pin Port C4 high. This must go low to load data into Holding Reg. At the same time not changing line 3 of PortC. ORI$10 OUT 23 CALL 0870 INXH DCRB PortC 7 6 0 0 ANI EF 5 4 3 2 1 0 0 1 1 0 0 0 1 8 This ANDs the Word EF to the JNZ 5011 38 accumulator in Binary Code. 0001 1000 mioiiin 0000 1000 Bit masking the word EF sent to PORT C. Port C has this Binary Code on it 1110 1111 which allows the code of the first ASC 11 character in the message to go into the Holding Reg. of the UART. OR the Word 10 in Binary to the accumulator. At this point the accumulator has 0000 1000 in it; byORingSlO fOOOl 0000) Out 23 sends the Binary Code to Port C. Port C reads 0001 1000 and the DS line is high again and won't go low again until the loop is repealed. Call sub routine to set up a time delay, so the data won't be written over on the serial out line. lime delay 1 BAUD rate x # of bit times 1__ 1200 X 10 divided by 8 micr.s= $0411 Address 2032 = 11 2035=01 loop 2033 = 04 This gives the UART time to transfer the data from the Shift Reg. out to serial out line, to be printed on the screen of the peripheral device. Increment the HL Reg. pair by one. This pair will point to the next ASC II character in the message. Decrement Reg. B by one. This is the count of how many characters there are in the message. When this is 00 the JMP will start the message over again. Jump if not zero to address 5011. �This is the move from memory ihc ASC II character into the accumulator. When zero it will fall through to next instruction. JMP 500C Jump to address 500C where the pointer is reset to point at the beginning address and the message starts over. To change BAUD rates was easy. OUT 25 This much of the program sets up the Timer Reg. which sets up the BAUD rate. This system runs on 300 BAUD; to calculate this, we start with the rate we want 300x16=4800Hz at T out. The system is using a divide by 16 clock, so to get the imput frequency for the UART we multiply the BAUD rate by 16. Then the clock of the 8155 ia at 3.072 MHz.; we divide that by 4.8kHz (BAUD rale x 16) and convert that number (base 10) to Hex = 80. This is sent out to the low byte of the Timer Reg. (24). To set up the high byte of the Timer, the clock function described on Pg 2-32 Fig. 5 of the handout for the 8155 is the one we wanl--01 (this code causes the 8155 Timer to produce a square wave output). This code is sent to the high byte of the Timer al address $23. The remainder of the Reg. can be used if the siruclure word is more that 8 bits. MVI A,$CD Move immediately the data (CD) to the accumulator; this is the word to structure the Commmand Reg. Out 20 Sends the word CD to the Command Reg. D7 D6 D5 D4 D3 D2 DI DO 1 10 0 110 l=CDout=l Timer Mode PorlC PortB Port A in=0 CALL04D0 Sub-routine that picks up data from accumulator that was pul there from the keyboard. OUT 21 21 is the code for Port A. Writing the bit in accumulator to Port A which is connected to the data bit imput lines on the UART. MVI A,$18 Move into the accumulator the Word 18. This word will be put on Port C in Binary code. OUT 23 23 is the code for Port C. Write the Word 18 to Port C. UART Data Strobe is connected to pin Poti C4 high. This must go low to BAUD rate 300 Change the first two MVI to the new BAUD. 300x 16 = 4800 3.072MHz 4800 = 640 = $0280 1 0 6 5 4 3 2 Low bit = 80 7 1 0 0 0 0 0 0 0 High Bit = 42 7 0 6 1 5 0 4 0 3 0 2 0 1 1 0 0 Delay: 1 X 10 divided by 8 micro.sec. = $1046 300 This wasn’t slow enough so changed the lower bit to FF Turns out to 10.444 bit times BAUD 9600 9600 X 16 = 153.6k 3.072M = 153.6 20=$14 7 6 5 4 3 1 0 0 0 0 7 6 5 4 3 1 0 0 0 0 Delay: 2 1 2 0 1 0 1 0 0 0 0 0 10 8 micro sec = $0082 Program: 2 MVI A, $80 OUT 24 MVI A,$42 into the accumulator to structure the Timer Reg. Write the low bit 10 the 8155. Moving the low bit of the word into the accumulator to structure the Timer Reg. Write the low bit to the 8155. Moving the high bit of the word 39 �load data into Holding Reg. At the same time not changing line 3 of PortC. Tx shift elk This is the Shift Reg. It shifts the data out low byte and then high byte, one bit at a Ume. 2. Explain the function of the DS strobe: How does it woric? What does it do? The data must first be sent to the parallel output port. A changing level on the control port (PC4) must then strobe the DS line of the UART. This process is repeated until all the data is transmitted. Pulsed low to load data bits into the transmitter Data Holding Register. The Data Holding Reg. is loading during the rising edge of the DS pulse. To make it strobe, we used bit masking. This was done by ANDing and Oring in the accumulator. If we want the line high we put a word in Port C that has that bit high. EX.S18 = 00()l 1000 1110 nil 0000 1000 = this is the result we need. An AND gate only allows a high when all inputs are high so we figure out what word will develop the wanted result In this case a $EF. To change it back we can OR. EX. 0000 1000 00010000 (XX)1 KXX) this is the result needed. The OR gate only allows a high when the lines are either or low but not both the same. Data strobe went high and then low then high again. 3. Explain how the circuit on the proloboard converts the TTL level serial data to the voltage level required for the RS-232 cable. Al the second terminal, how is the RS-232 voltage level convened back to the required TTL volatage level? On each end of the RS-232 cable there are two drivers. One is the 1488 that drives the voltage to +12V and -12V for series output and a 1489 to return +12V and -12V back to 5 volts for series input This is the interface circuits needed to meet the RS-232 standard. My proto-board is at one end of the cable and PORTC ANIEF OUT 23 ORI $10 OUT 23 JMP51(XZ; 7 6 5 4 3 2 1 0 0 0 0 1 1 0 0 0 1 8 This ANDs the Word EF to the accumulator in Binary Code. Bit masking. 0001 1000 niioiiin 0000 1000 The word EF sent to Port C. Port C has this Binary Code on it 1110 1111 which allows the code of the first ASC II character in message to go onto the Holding Reg. of the UART. OR the Word 10 in Binary to the accumulator. At this point the accumulatcM* has 0000 1000 in it; by ORing $ 10 (0001 0000) to the acculator the contents is 0001 1000* again. Sending the binary code to Port C. Port C reads 0001 1000 and the DS line is high again and won't go low again until the loop is repeated. Jump to address 510C where the CALL 04D0 is and this starts the keyboard over again. Questions: 1. How does the UART covert parrallel data to serial data? The UART has 8 RD lines for imput port. When data is on these lines, there is 0-5V to determine high and low. Each line is connected to the Holding Register. Port A is connected to RD lines 7 6 5 4 3 2 1 0 This is the Holding Reg. 7 6 5 4 3 2 1 0 40 �iniercsiing to manipulate the BAUD rale. Al first il was hard to understand the way the transmitting terminal could be at one BAUD rate and ihc receiver at another BAUD rale. If I have il right, the transmitting terminal is connected in serial to Ihc CPU and is separate from the circuit that drives the UART. This separation allows the CPU to operate at one BAUD rate, while the UART’s BAUD rale is controlled by the Timer of the 8155 S/0 chip. ihc icrininal was al other end of the cable. The lerniinal must have these circuits on board. Conclusion: This lab was interesting in that I experienced checking the DART after we had handled it without grounding. The Oscilloscope was used and the pins were checked to see if data wits being iransiniiicd, and if the ckx'k was being received from the CPU. My UART was unharmed. Il was 41 �Dornia Karan By Lorinda Welch Course: Dress for Success Instructor: June Winkel Assignment: Select a fashion designer and clear the choice with the instructor. Research the designer, using the local libraries. Write a paper including the education of the designer, her/his experience and talents, and distinguishing features of her/his designs. Present the information to the class, using illustrations of designs if possible. She’s been in the fashion business for years but until about five years ago, her name wasn't heard very much, or al least by the general public. Who is this woman and how does she play a pari in the fashion industry? The woman is Donna Karan and she filled a void with her new designs. Her maiden name was Donna Faske. Both of her parents were in the fashion industry. Her mother was Helen Faske. She was a model on Seventh Avenue and later was a showroom saleswoman. Her father was Gabby Faske. He ran a custom tailoring shop on West 38ih Street. Ms. Karan remembers hearing he made "suits for gangsters and Broadway show business types. He died when Donna was just three" (Donovan, 33). Donna and her mother lived in Woodmere, Long Island. Donna attended Parson's School of Design in Manhattan. She quit Parsons to go to work for Anne Klein. Miss Klein was her idol. At this time she married Mark Karan and in a short time she became Anne Klein's main assistant. In May 1974, Miss Klein died. "The company was unprepared for it, and so was Donna Karan. Two days before Miss Klein's death, Donna had given birth to a daughter, Gabrielle" (Donovan, 33). 42 �A man by lhe name of Toinio Taki was half owner of Anne Klein and company and he would prove lo be Donna Karan's mosl powerful supporter. Mr. Taki and the other two owners had a big dispute after Miss Klein'.s death. The two other owners had other designers that they wanted lo lake Miss Klein's place. Mr. Taki wanted Donna Karan and, since he owned half of the company, he got her. At this lime Donna Karan was only iwcnty-six years old. She teamed up with a classmate she had al Parsons name Louis DcU'Olio, bul she was the dominant member. In 1983, Miss Karan helped launch a less-expensive spin-off collection called Anne Klein !I, similar in design bul made with diflercnt fabrics, mostly in the Far East. Anne Klein II retailed for about half the price of the Anne Klein line. (Donovan, 90) While all of this was happening, she divorced Mark Karan. In the fall of 1983 she married Stephen Weiss. Things hadn’t been going very well between Miss Karan and lhe Anne Klein company. She wanted lo slay with lhe Anne Klein company bul wanted her own line. The reason she wanted her own line was that the clothes she'd designed there were becoming common, because of the Anne Klein II collection. Everyone was wearing them. She wanted her own identity, something exclusive. As badly as she wanted to leave Anne Klein and Company, she was frightened because il was lhe only job she'd had. The company didn't need two designers and Mr. Taki was willing lo set her up in her own business. Finally lhe president of the company, Frank Mori, settled lhe whole mailer. He fired her. “Donna Karan's company is financed by a partnership consisting of Takihyo Inc., Tornio Taki himself, Frank Mori and Donna Karan and Stephen Weiss” (Donovan, 90). Donna Karan pul up only a little money for her company bul she owns half of it. She also is lhe chief executive officer and a paid consultant lo Takihyo Inc. She also owns lhe rights to her own name. Her company first started al home in what had been her husband's workroom. "The new company soon acquired a president, Julius Stern" (Donovan, 90) Then a studio was acquired on West 40ih Street. The public saw Miss Karan's designs for the first lime al a showing ai the Bergdorf Gootlman store in New York, June 18, 1985. Her designs were a totally new concept. Many of the big stores were slow lo respond because they thought her designs were loo special. Bul after a few showings her staff could hardly keep up with all of the appointments for businesses that wanted her dollies. When Miss Karan couldn't really come up with anything new, she was introduced lo baby llama fabric. The first garmcl lo come from the llama was "a cape-collared jacket with a Hare below the bell" (Donovan, 90). In 1986 these retailed for as high as S2,20(). Some of her most popular garments arc her bodysuits. They are made “of Italian-made jersey or knit. Il has long sieves, pulls on over the head, fits snugly and fastens with snaps at the crotch. This serves lo replace a conventional sweater or blouse” (Donovan, 32). Miss Karan has designed more than a dozen versions. Most of these have padded shoulders. These rcuiil from SI80. The key to Donna Karan's latest fashions arc lhe Unilards. They're heavier than leotards bul trimmer than jumpsuits. In lhe spring of 1989, Donna Karan pul out a new sportswear line called DKNY (Donna Karan New York). This line is comfortable and versatile and about half the price of her designer collection. “Il looks professional and feminine" (People's, 105). One of her mosl popular items of the DKNY line is a khaki trench coal. It look.s as If II was four years old and well worn. 43 �protrusions" (Donovan 33). Her designs are well suited for women on the go who don’t have time to worry about their clothes. Donna Karan says "fashion for the nineties woman will be determined by two necessities: lots of options and case of dressing" (Ladics.42) As the years go on, Donna Karan's designs just keep getting belter and each year she makes a larger impact on the fashion industry. Just a few years ago she wasn't even heard of. Now Donna Karan's designs are in great demand. Donna Karan designs clothes that she'd wear, something that is feminine yet makes her look like a professional, or, when she's not working, something relaxed and comfortable. The DKNY line is not a cheaper version of her more expensive line but a whole different kind of design. Donna Karan's designs "have a way of emphasizing the curves of the waist and the hips without stringently outlining them. The shawls and jackets are camouflage for bumps and Works Cited Donovan, C. "How a Fashion Star is Bom." New York Times Magazine 4 May 1986: 24-30+. "Donna Karan." People's Weekly 25 Dee 1989-1 Jan 1990: 104-5 "Forecast." Ladies Home Journal November 1989: 42. 44 �Interoffice Memorandum of Law By Anita Schroeder Course: Legal Research 11 Instructor: Mary Kubichek Assignment: To research issues and case law relevant to a case and to write an interoffice memorandum of law for an attorney. 45 �INTEROFFICE MEMORANDUM OF LAW TO: Mary Kubichck FROM: Anita Schroeder DATE: October 9,1990 OUR CLIENT: Charles Schracklc OPPONENT: Jeffrey Poller OFFICE FILE NO: 90-S-12 DOCKET NO: C.A. No. 120398 RE: Whether Charles Schrackle was negligent in the accident causing the death of Katherine Poller that he was driving in a careless, negligent and reckless manner; That he failed to give proper warning of his sudden approach, and that Mr. Shrackic's negligence caused the suffering and death of Mrs. Poller. Statement of Assignment You asked me to do preliminary research into the case of our client Charles Shrackic. A cause of action for negligence has been filed against him by Jeffrey Potter as a result of the death of his wife, Katherine. I will research the standard of care and whether Mr. Shrackle breached his duly thus causing the death of Mrs. Poller. I will also research the possible contributory negligence of Mrs. Potter. Discussion It is our responsibility lo show that Mr. Shrackle was not negligent. Negligence is defined by the Nita Courts as, the failure lo use the degree of care that an ordinary careful and prudent person would use under the same or similar circumstance. Legal Issues 1. Did Charles Shrackle breach his duly of care in the accident involving the death of Katherine Poller? 2. Was Katherine Potter contribulorily negligent in causing her own death? Brown v. Jones, 52 P.2d 101 (NITA 1989). The elements of negligence are set fourth as duty, breach of duly, proximate cause and damages. We are concerned with duly, breach of duly and proximate cause. Since damages will be decided by the court, based on Finding of fact, I will not discuss damages. I will analyze proximate cause in the light of contributory negligence. Facte On November 30, 1989, at about 3:00 PM , Charles Shrackle was driving a pick-up truck to a work site. He passed through the inlcrseciion of Mathes and Kirby Streets making a left turn on to Kirby. The truck he was driving struck Katherine Poller, causing her injuries which ultimately resulted in death. Mr. Shrackic said that he did not sec Mrs. Poller al any lime before the accident. Jeffrey Poller, husband of the deceased, has filed a complaint against Mr. Shrackic claiming Analysis of Duty and Breach of Duty Duty The duly that Mr. Shrackle had in operating a motor vehicle is set fourth in the Nita Statutes. 46 �The driver of a moior vehicle shall yield ihc right of way, by slowing down or slopping if necessary, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon that half of the roadway in which the vehicle is traveling, or when cither the vehicle or the pedestrian is approaching that half of the roadway so closely that the pedestrian is in danger. In Johnson v. Brown, lhe driver of the vehicle stnick a child that ran into the street. The evidence affirmatively showed, in this case, that the driver did nol sec lhe child al any lime prior to lhe accident, and no evidence was presented lo show dial the driver had reason to believe that children would be playing in the vicinity of the place where the accident occurred. The facts in our case arc similar lo those in Johnson in that Mr. Shrackle claims nol lo have seen Mrs. Poller before lhe accident. Mr. Shrackic could nol be expected to anticipate that a pedestrian would be crossing anywhere but in the crosswalk. Case law has established that negligence cannot be assumed by the fact that injury has occurred. An inference of negligence cannot be drawn from the bare fact that an injury has occurred. Nita Stat. §89-12(4) (a). Mr. Shrackic had a duly to slow down or slop if necessary for a pedestrian crossing in lhe roadway and to exercise ordinary care to avoid a collision. Breach of Duty Mr. Scrackle did not breach his duly Mr. Schracklc told us that he slowed at lhe intersection, observed school children on the sidewalk, and proceeded, because there were no pedestrians in the crosswalk. He staled that he did not see Mrs. Potter at any lime before the accident. According to Mr. Shrackic, Mrs. Poller was not crossing in the crosswalk. The courts have held that a driver is not required lo anticipate that a pedestrian would be crossing a roadway al any point other than the crosswalk. It is nol required of the of a vehicle lo anticipate that a pedestrian would be crossing a boulevard in the middle of a block al any point other than within a marked crosswalk, any more that a driver should anticipate that a vehicle approaching from the opposite direction would suddenly cross over into his lane of traffic. A driver cannot be charged with failure to exercise due care toward a person so crossing lhe boulevard, unless such person is observed in lime for the driver lo avoid colliding with him. Johnson v. Brown, supra., quoting Lesage v. Lar^ey Lumber Co., 99 Mont. 372, 43 P.2d 896 (no date). In the Johnson case the plaintiffs argued that even through the record was silent as to any direct evidence of negligence on lhe pan of the defendant, his negligence could be inferred from lhe fact that lhe child was injured. The court stated that an inference of negligence cannot be drawn from lhe mere fact that an injury has happened. In our case as well as in Johnson, the fad that Mrs. Poller was injured is nol an inference of Mr. Schrackle’s negligence. We can argue that Mr. Schracklc did nol breach his duty because a driver is not required to anticipate that a pedestrian will be crossing at a place other than lhe crosswalk, or that he failed lo exercise due care because he didn't sec Mrs. Potter in lime lo avoid a collision. Furthermore, an inference of negligence cannot be drawn from lhe mere fact that he was involved in the accident which caused Mrs. Poller's injuries. Johnson v. Brown, 77 Nev. 61, 359 P.2d 80 (1961). Mr. Shrackle did breach his duly 47 �comes in contact with a pedestrian, to the injury of the latter, raises no presumption of negligence on the part of ihc driver of the vehicle. Jeffrey Poller has claimed lhal Mr. Schrackic breached his duly lo exercise due care, by driving in a careless, negligent and reckless manner. Mr. Poller has argued dial Mr. Shracklc failed to keep a proper lookout or give proper warning by sounding his horn or giving some other signal. The sialules state that even the individual having the right of way must exercise care to avoid collisions. This right of way, however, is not absolute, but rather creates a duly upon ihe parly having the right of way to exercise ordinary care lo avoid collisions. Johnson v. Brown, supra., quoting, Johnson v, Herring, 89 Mont. 420, 425, 300 P. 535, 536 (no date). The courts have upheld that the driver must keep a lookout. the rule is well established...that a driver must keep a lookout so that he can see what is plainly visible in front of him, and failure lo do so is negligence as a matter of law. The facLs in the Johnson case, as stated earlier, showed lhal even though a child was struck by the vehicle, the mere fact that the injury took place was not an inference of negligence. In our case the fact lhal Mr. Shrackle struck Mrs. Potter with his truck is not of itself proof of negligence. Mr. Potter has also claimed that Mr. Shrackle was negligent in not sounding his horn to warn Mrs. Poller of his sudden approach. Bui, according to the courts, failure to sound your horn is not necessarily negligence. lhal the failure of the driver of appellee's truck to sound the horn was not negligence. State V. Mattan, 207 Neb, 679, 300 N.W.2d 810 (1981). Stalder v. Bowen, 373 S.W.2d 824 (Tex. Civ. App. 1963). In State v. Mattan, the facts showed lhal the driver of the vehicle was negligent in not keeping a proper watch; these same facts arc being asserted by Mr. Poller against Mr. Shrackle. In order to prove his claim of negligence against Mr. Schrackle, Mr. Potter will have lo prove lhal Mr. Shrackle failed lo exercise ordinary care by not keeping a proper watch. If Mr. Poller is able lo show that Mr. Shrackle did indeed breach his duty, he will have statutory and case law backing. However, it remains an issue at fact if Mr. Schrackle did all he could have done lo maintain a proper watch and fulfill the standard of care. Just because the accident happened is no proof of negligence. The mere fact that a motor driver vehicle In Stalder v. Bowen, the woman was injured when she entered the street from behind a bus and driver of the truck who struck her had no lime to react. The driver was not negligent because he didn't see her in time to sound his horn. The jury found lhal the truck driver was not driving too fast, nor was he negligent in failing to blow his horn. Il also held that the truck driver had no lime to avoid the accident and that he did not fail to keep a proper lookout. These facts are similar to our case in that Mr. Schrackle claims not lo have seen Mrs. Potter before his truck struck her. He had no lime in which lo blow his horn or give any other warning. Jeff Potter has claimed lhal Mr. Shrackle breached his duly to exercise due care by failure lo keep a proper lookout or give warning by Nila Slat. § 89-12 (4) (c). 48 �sounding his hom. However, we should be able lo show that that Mr. Shrackic did not breach his duly and therefore was not ncgligeni in the accident that resulted in Mrs. Potter’s death. We have the burden of proving that Mrs. Poller was coniributorily negligent, and that her negligence proximately caused her death. It will have to be shown that by nol taking care to yield the right of way to all vehicles upon the roadway Mrs. Potter was negligent and the proximate cause of her own death. The duty of the pedestrian to yield to vehicles on the roadway is plain in the Nita Statutes. A pedestrian crossing a roadway al any point other than within a marked crosswalk shall yield ihc right of way lo all vehicles upon the roadway. Analysis of Proximate Cause Proximate cause is the element of negligence that determines the awarding of damages. Proximate cause is set forth as That cause which, in a natural and continuous sequence, produces the injury, and without which the injury would not have occurred. Nila Stat § 89-12 (4) (b). Brown v. Jones, supra, al 102. Besides the statutory duly of a pedestrian to yield the right of way when crossing the roadway outside the crosswalk, the pedestrian also has the duty to look in the direction or directions of anticipated danger. ...look in the direction or directions of anticipated danger, and lo continue lo be alcri to safeguard against injury. Proximate cause is the natural and foreseeable result of a person's negligent actions. Mr. Sfirackle as proximate cause Mr. Potter has the burden of proving that Mr. Shrackic was negligent, and that his negligence proximately caused Mrs. Potter’s death. In order to prove that Mr. Shrackle's actions were the proximate cause of Mrs. Poller's death, it is going to have to be shown that he breached hi.s duly. But for the breach of duly there i,s no negligence. The right to recover damages for the injury inlliclcd on the pedestrian depends upon pr(x)f of the allegation, necessary in the complaint, that the driver of the vehicle was guilty of negligence proximately causing injury. Gibb V. Cleave, 12 Cal. App.2d 517, 55 P.2d 938 (1963), quoting, Lavin v. Pereria, 52 P.2d 518 (Cal. App. no dale). The pedestrian in the Gibb case entered the roadway without looking for approaching vehicles; he was struck by the driver of a vehicle who could not see him because he was wearing dark clothing and it was a dark and rainy evening. The pedestrian was found lo be coniributorily negligent in causing the accident. In a similar case Fennel v. Miller, the pedestrian was not crossing in the crosswalk and ihercfore was the negligent party in the accident. The court found that the accident would not have occurred if the pedestrian would have exercised reasonable caution. Fennel v. Miller, 94 Nev. 528, 583 P.2d 445 (1976). The courts have also stated that a pedestrian who leaves a place of safely (lhe curb) lo enter a Johnson v. Brown, supra, al 83. I have previously discussed Mr. Shrackle’s duly and whether or not he breached that duly. In relation lo proximate cause, if ihal duly was not breached, there was no negligence and Mr. Shrackle's actions would nol have been the proximate cause of Mrs. Poller's death. Mrs. Poller's contributory negligence as it effects proximate cause 49 �busy street would have constructive knowledge of the danger. The trial judge defined ''negligence” and ''proximate cause" in the usual fashion which included the element of foreseeability on the part of Mrs. Slaldcr. Certainly Mrs. Slaldcr had constructive knowledge of the danger which would be involved in moving suddenly from her place of safely...out onto a busy street. Franco was coniributorily negligent because she attempted to cross die street at a point other than in the crosswalk. The court held that the act of crossing outside of the crosswalk docs not of itself determine contributory negligence. In Mr. Shrackic’s case we will need lo show that Mrs. Poller was not only crossing unlawfully but that in crossing outside of the crosswalk she was not taking ordinary care. In order to prove that Mrs. Poller's contributory negligence was the proximate cause of her death, we will have lo establish the following: that Mrs. Potter was crossing the the street unlawfully or dial in crossing she was not exercising due care lo keep a reasonable watch; and that Mrs. Potter being a prudent person would have had constructive knowledge and thereby foreseeability of the danger. One of the problems in this case i.s that Mrs. Potter is not alive lo testify on her behalf and therefore the burden of proof on the plaintiff, Mr. Poller, is not as great as it would be if she were alive. It is well established dial in a death action a plaintiff is not held lo as high a degree of proof of the cause of action as when a injured plaintiff can himself or herself describe the occurrence upon which the action is based. Sialder V. Bowen, supra, at 825. The judge in the Slaldcr case staled that but for Mrs. Slaldcr'.s negligence of entering the street the accident would not have occurred. In Gibb v. Cleave, Fennell v. Miller, and Stalder v. Bowen, the courts held that the pedestrian in each case was coniributorily negligent, causing the accident which brought about their injuries. If we are able to show by the facts that Mrs. Potter was not keeping a proper watch for vehicles or that she was crossing outside of the crosswalk at the lime of the accident, we will be able to show that she was coniributorily negligent, as were the pedestrians in the above cited cases. Mr. Poller has slated in the complaint dial his wife was crossing die street lawfully at the lime of the accident and, therefore, was not coniributorily negligent. Even if she was crossing the street outside of the crosswalk, that fact of itself docs not constitute negligence. Il is well recognized that the act of a pedestrian in crossing a street al a point other than an intersection does not, of itself, constitute contributory negligence as a matter of law. Franco v. ZingarelH, supra., quoting. Noseworthy v,CityofNewYork,'V)^ N.Y. 76 (nodate). Mr. Potter docs not have as great a burden of proof lo show that Mr. Shrackle was negligent as we do in showing that Mrs. Poller was coniributorily negligent. Another problem lo be overcome in Mr. Shrackle’s case is that contributory negligence does not bar recovery of damages. In all actions hereafter brought for personal injuries, or where such injuries have resulted in death, or for injury to properly, the fact that the person injured. Franco v. ZingarelH, 424 N.Y.S.2d 185 (1980). In the case of Franco v. ZingarelH, the defendant, who struck Mrs. Franco as she stepped off the curb into the street, tried to assert that Mrs. 50 �having facts and law in their favor. Other factors that will determine the ultimate outcome of this case include the burden of proof issue and lhe facts of the case. Mr. Poller’s burden of pr(X)f is not as great as ours and the facts of the case have yet to be fully investigated and analyzed. or the owner of the properly, or the person having control over the properly may have been guilty of conlribulory negligence shall not bar a recovery, bul damages shall be diminished by the jury in proportion to ihc amount of negligence atlribulablc lo ihe person injured, or lhe owner of the properly, or lhe person having control over the pro|X?riy. Recoiuinendation Proximate cause is going to be determined by the evidence presented in this case. We need to thoroughly investigate the accident, interviewing all lhe witnesses including the paramedic.s and police who worked the accident. We should also determine the condition of Mr. Shrackic'.s truck al the lime of lhe accident, were his brdkc.s working properly’.' etc. We will need to interview Mr. Shrackic more thoroughly to determine his condition al the time, including his health, state of mind, vision and driving ability. We should also examine Mr. Shrackle’s past driving record. We need lo be prepared for a scillcmcni in case we arc unable to prove fully that Mr. Shrackic did not breach his duly. In preparation, we should find out whal Mr. Potter’s expenses were for the medical treatment and burial of hi.s wife. We should contact a financial expert and dclcrminc what Mrs. Poller's expected earning power would have been. Nila Slat. § 140-3. Even if it is concluded thai Mrs. Poller was contribulorily negligent, the jury may award Mr. Poller damages proportionate lo the amount of negligence attributed to Mr. Shrackic. Conclusion Mr. Shrackic has grounds lo deny negligence and lo show that Mrs. Poller was contribulorily negligent in causing her death. Mr. Potter has claimed that Mr. Schrackle was negligent and therefore the proximate cause of Mrs. Poller's death. Both sides have statutes and case law to establish their claims; each side will show facts lo favor iheir position. The damages, if awarded, will be based on the faces establishing proximalc cause. There is a balance in this case with each side 51 �Sign By Pat Lockhart Course: Beginning and Intermediate WordPerfect Instructor: Lois Davis Assignment: Be creative. Student did these designs with banner mania. 52 �53 �Letters By Kerry Myers Victoria Savage Course: Business Communications Instructor: Frances Schroder Assignment: In response to fictional situations specified by the instructor, students composed appropriate memos and letters. TO: Nordstrom Store Managers FROM: Kerry Myers DATE: October 1,1990 SUBJECT: Taking Initiatives in Customer Service I am pleased to see that our emphasis on customer service is paying off. We must continue to encourage our clerks to take initiative in serving our customers. Our company is growing more rapidly than most department store chains, and our sales per square foot are twice the industry average. Morale among our employees is high and to maintain this I am giving you authorization to use Nordstrom gift certificates, within your budget, as rewards to employees who best exemplify the company’s philosophy. As an added bonus, the store with the most sales this quarter will receive a trip for two to the Bahamas! Thank you for your continued effort. Keep up the good work and gotxl luck! kjm 54 �September 27, 1990 Mr. Robert Gian Information Processing Manager Novell systems 1234 Archway Road Tucson, AZ 67834 Dear Mr. Gian: I have been informed that Kerry Myers has applied for an information processing position with your company. Kerry has been one of my advisees since she was admitted to Casper College as a freshman. She has had a continual GPA of 3.45. Kerry is a very hard working student, and she has always been punctual and well prepared for her classes. She has shown great interest in learning and has proven she can excel in the computer-oriented world. Kerry is very eager and willing to learn anything you set before her. I highly recommend her and believe she will be an asset to your company. Sincerely, Joseph Scott 55 �October 10, 1990 Mrs. Jane Rich 123 Wealthy Lane Moneyvilic, AZ 86033 Dear Mrs. Rich Children are our most precious resource. They are the future of our community, our nation, and our world. They need our protection, our provision, and especially our love. Most children have these needs met by their parents. Not all children, however, arc fortunate enough to have families. In our community alone, there are over one hundred orphans who desperately need your help. Daybreak Orphanage, located on the outskirts of Moneyville, provides food, clothing, and schooling as well as shelter and love for 125 girls and boys between the ages of 6 and 16. The staff is committed to providing the best care possible for these children in a friendly, wann environment. The expenses incurred, however, are loo great for the orphanage to handle. This is where your help becomes vital. The cost of feeding, clothing, schooling, and various miscellaneous expenses such as medicinal care comes to just $5 each day per each child. Your donation of $150 will support a child completely for one month. You will receive a monthly newsletter from the orphiinage and letters from the orphans, plus the personal satisfaction of knowing you’ve helped a boy or girl to grow and live a happier life. Please, invest in our future by donating to Daybreak Orphanage today. You will receive a receipt of your tax deductible contribution for your records within a month. Send your contributions to: Daybreak Orphanage 11 Newhome Road Moneyville, AZ 86033 Sincerely Mrs. Victoria M. Savage vms 56 �Spring 1991 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Casper College Challenge Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">http://rightsstatements.org/vocab/InC/1.0/</a> Description An account of the resource This digital collection contains issues of Challenge, a publication of Casper College student writing from across the curriculum but outside of writing-specific courses. Issues of the publication date from 1987 to 1991 and 1993 to 1996. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource Casper College Language A language of the resource ENG Identifier An unambiguous reference to the resource within a given context CCA 04.ii.1996.01_Challenge Format The file format, physical medium, or dimensions of the resource PDF Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Print publication Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 1991 Challenge Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">http://rightsstatements.org/vocab/InC/1.0/</a> Date Created Date of creation of the resource. 1991 Description An account of the resource 1991 issue of Challenge, a publication of Casper College student writing from across the curriculum but outside of writing-specific courses. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource Casper College Language A language of the resource ENG Is Part Of A related resource in which the described resource is physically or logically included. Casper College Challenge, CCA 04.ii.1996.01 WyCaC US. Casper College Archives and Special Collections. Identifier An unambiguous reference to the resource within a given context CCA 04.ii.1996.01_Challenge_1991 Format The file format, physical medium, or dimensions of the resource PDF