https://caspercollege.cvlcollections.org/files/original/ec5b3729e7b8166a16de292b519cad0f.pdf b930c44f9e7220eedabe643ac4a8232d PDF Text Text CASPER \CASPER COLLi^ WYOMING Chklunbe �Challenge-In every academic discipline, to study, to think, to express clearly one's knowledge and understanding in suitable written forms. �Challenge I viii Published at Casper Community College Casper. Wyoming 82601 March 1994 Copyright by Casper Community College �Challenge: 1994 Table of Contents The Ninth Amendment Dale E. Sprague Jr. 5 Maternal Deprivation Bonita Morisette 13 Interoffice Memorandum of Law Melanie Walford 17 Life in El Refugio Dale E. Sprague Jr. 25 Shelly Carpenter . When to Leam a Second Language Humans and the Great Apes Ward Widger Faith, Religion and Spirituality in Children's Literature Separation Agreement Research Design 30 34 Karla Pellatz Jenni Watson Maureen P. Heim Confidentiality: A Client's Right R. Allison Hunter Oriental Rugs AnneMarie Shriver Journal Entry Ben Brooks Cover design executed by Eric Valdez 38 45 51 58 61 64 �Introduction Casper College is pleased to present the eighth 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 i.s to 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. The college Writing Across the Curriculum Committee served as a jury to select articles to be published. This issue represents work submitted in response to the call for papers for two semesters, spring 1993 and fall 1993. Arlene Larson, editor Casper College . Casper, Wyoming Spring, 1994 �c -t ' ■•••‘W'. The Ninth Amendment By Dale E, Sprague Jr. Course: American and Wyoming Government Instructor: Dr. Dave Cherry Assignment: Students were to write a short term paper on any aspect of state or national government. Students were to independently research their topics. Clear and balanced writing, together with careful documentation of sources, was to be emphasized. ink and paper has been devoted to the proper meaning and interpretation of the Ninth Amendment than Justice Goldberg committed to the writing of his decision. Numerous essays have been written by legal scholars with the goal of deriving answers to the Ninth Amendment's meaning and proper place in the judicial review process. The history of the Ninth Amendment began during the ratification process of the Constitution. During debate over its ratification in the state of Virginia, Patrick Henry expressed concerns over the potential power of the new Federal government, especially to pass laws necessary and The Ninth Amendment to the Constitution of the United States of America reads, “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” This amendment has been called the Great Paradox of the Constitution (Lieberman, 1992, p. 345). From 1791 to 1965, “only seven Supreme Court cases dealt in any fashion with the ninth amendment" (Massey, 1989, p. 291). In Griswold v. Connecticut, Justice Goldberg fashioned a judicial argument which protected an unenumerated right and relied greatly on the Ninth Amendment for its justiUcation of that right. Since that decision was published, more 5 �the constitution, made in favor of particular rights, shall not be construed as to diminish the just importance of other rights retained by the people, or as to enlarge the powers delegated by the constitution; but either as actual limitations of such powers, or as inserted merely for great caution (Barnett, p. 55). This clause became the Ninth Amendment and it seems clear that its purpose was to make sure that an unenumerated right would not go unprotected by the new government. The Ninth Amendment seems to be the final safeguard to justify enumerated rights in the Constitution while still protecting any rights not enumerated. The amendments proposed by Madison, though altered, were not reduced in force and were ratified in 1791 by the states (Brant, p. 236). When discussing the Constitution and its amendments, the Supreme Court surfaces as the center piece of any discussion. Using the concept of judicial review, the Supreme Court over time became responsible for "defining the scope and powers exercised by Congress, the president, and the federal bureaucracy under the Constitution" and assumed the power "to determine whether an act of government is a constitutional exercise of authority and to declare the act void if it is adjudged to be unconstitutional" (Stephens & Scheb, 1988, p. 19-20). When civil rights and liberties of United States citizens came into conflict with increasing federal power, the Supreme Court often heard cases which resulted in the declaring of a law unconstitutional or the confinning of a conviction on the grounds that the individual's enumerated rights were or were not violated. As judicial review developed, however, the Ninth Amendment was ignored. According to Bennett Patterson, it became "covered with the dust of antique time" (Patterson, p. 113). It was never used in a Supreme Court decision as the basis for an opinion. Though referred to in six or seven cases heard by the Court, "it was lumped with the tenth, as an innocuous rule of proper, "without any federal Bill of Rights to furnish a safeguard" (Brant, 1970, p. 215). At the time, Madison "regarded a declaration of rights unnecessary, because the general government had no powers except what were given them." He also opposed it "because an incomplete enumeration would be unsafe." He was not however opposed to "any amendment that would give satisfaction and was not dangerous" (Brant, p. 218). With the purpose of getting the Constitution ratified unconditionally in Virginia, Madison and the Federalists pledged to support such amendments once the new government was in power. Though seeing dangers inherent in a bill of rights. Madison kept gwxl on his promises to his Virginia constituents. On June 8, 1789, he entered the House of the First Congress of the United States and made a speech in which he proposed twelve amendments to the Constitution and stated his reasons why he thought it proper to do so. He also answered the common objections against a bill of rights. What became the Ninth Amendment was his answer to the objection of enumeration which he himself had raised in the Virginia ratification convention. From Madison’s speech; It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow, by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard urged against the admission of a bill of rights into this system; but I conceive, that it may be guarded against. 1 have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution (Barnett, p.6O). The last clause of the fourth resolution reads; The exceptions here or elsewhere In 6 �counsel another in the use of such devices. In 1961, the Court refused to hear the case of Poe v. Ullman on the grounds that the plaintiff lacked standing to sue. Planned Parenthood announced on the same day of the Poe decision that they would be opening a clinic in New Huven. Estelle Griswold, the director of the clinic. wa.s arrested three days after the clinic opened. A short trial resulted in Mrs. Griswold's conviction and a fine of $100. In her petition of certiorari, Griswold'.s attorneys "argued that the Connecticut law infringed a right of privacy implicit in the Bill of Rights” and "lacked a reasonable relationship to a legitimate legislative purpose.” The state relied on the broad police powers of the state and an argument that the law "was a rational means of promoting the welfare of Connecticut's people.” The state however failed to express the legislative purpose behind the law (Stephens & Scheb, 702-703). The Court struck down the law by a vote of 72. Justice Douglas who had dissented in the Poe v, Ullman case wrote the court's opinion. He felt the Connecticut law violated the appellant's Fourteenth Amendment right to due process and incorporated the Bill of Rights as applying to the Fourteenth. "Douglas reasoned that the explicit language of the Bill of Rights... when considered along with their emanations and penumbras as defined by previous decisions of the Court, add up to a general, independent right of privacy" (Stephens & Scheb, p. 703) which was infringed by the state of Connecticut. In his opinion Justice Douglas referred to some of the rights I have already mentioned as being recognized by the court in previous decisions to substantiate his claim. By Pierce v. Society of Sisters, the right to educate one's children as one chooses is made applicable to the States by the force of the First and Fourteenth Amendments. By Meyer v. Nebraska, the same dignity is given the right to study the German language construction limiting the federal government to its delegated powers" (Loan, p. 149-150). This interpretation, according to Barnett, derived from the Federalist's argument that no Bill of Rights would be necessary because the Federal government would only have powers enumerated in the Constitution. Since the government could only do what was delegated, any rights enumerated would be outside the scope of the government. It was also argued that rights began at precisely where powers ended; thus there can never be an abridgement of a right not enumerated by a power not delegated (Barnett, p.4-8). Before 1965, Constitutional scholars had only written a small handful of articles devoted to the Ninth or given brief discussions on it in treatises on the Constitution or the Bill of Rights (Loan, p. 149-150). This was not to say that unenumerated rights had not been recognized by the Supreme Court. Barnett, in his introductory essay, lists (in a footnote) 13 unenumerated rights already recognized by the Court over the last 200 years. These rights include the right to vote, the right to a presumption of innocence and to demand proof beyond a reasonable doubt, the right to associate with others, the right to travel in the United States, and the right to attend and report on criminal trials (Barnett, p. 37-38). None of these basic freedoms are explicitly mentioned in the Constitution. The right to vote was expanded through additional amendments, while freedom of association for political purposes was considered an implicit right of the First Amendment. These unenumerated rights are now well accepted but none of them were validated by the Ninth Amendment. In 1965, Justice Douglas changed Ninth Amendment constitutional history in the case of Griswold v. Conneciieiit. From Stephens and Schebs, American Constitutional Law, we can find the following description of the events leading up to the case. The state of Connecticut hud an 1879 law on the books which made it a misdemeanor to sell or possess a birth control device or to assist, abet, or 7 �within the zone of privacy created by several fundamental constitutional guarantees" (Stephens & Scheb, p. 723). While seven justices concurred that the Connecticut law should be overturned, their reasons for overturning the law were different. Justice Harlan argued that the law "violates basic values implicit in the concept of ordered liberty" and thus infringes the Due Process Clause of the Fourteenth Amendment. He also did not feel that a reliance on one or more provisions of the Bill of Rights was necessary. He felt the due process clause stood on its own. Justice White stated that the "law as applied to married couples deprives them of liberty without due process of law, as that concept is used in the Fourteenth Amendment" (Stephens & Scheb, p. 726-727), Though both justices agreed in overturning the law, they relied more on a strict construction of the Constitution and felt that the law could be overturned with a simple use of the Fourteenth Amendment Due Process Clause. They also were not departing from previous jurisprudential decisions. Justice Goldberg also wrote a concurring opinion joined by Chief Justice Warren and Justice Brennan. He based his opinion however on the Ninth Amendment and a relationship with the Fifth and Fourteenth Amendments. He did not believe that the due process of the Fourteenth Amendment incorporated the Bill of Rights but he did believe "that the concept of liberty protects those personal rights that are fundamental, and is not confined to the specific terms of the Bill of Rights. My conclusion that the concept of liberty is not so restricted and that it embraces the right of marital privacy though that right is not mentioned explicitly in the Constitution is supported both by numerous decisions of this Court, referred to in the Court’s opinion, and by the language and history of the Ninth Amendment" (Stephens & Scheb, p. 724). Goldberg felt, as others have, that Madison wrote the Ninth Amendment to allay the fears that a bill of rights once enumerated would be interpreted as denying those not enumerated. He in a private school. In other words, the Slate may not, consistently with the spirit of the First Amendment, contract the spectrum of available knowledge. The right of freedom of speech and press includes not only the right to utter or to print, but the right to distribute, the right to receive, the right to read ... and freedom of inquiry, freedom of thought, and freedom to teach... indeed the freedom of the entire university community .... Without those peripheral rights the specific rights would be less secure. And so we reaffirm the principle of the Pierce and the Meyer cases. In NAACP V. Aiahania,... we protected the "freedom to associate and privacy in one’s associations.," noting that freedom of association was a peripheral First Amendment right. Disclosure of membership lists of a constitutionally valid association, we held, was invalid "as entailing the likelihood of a substantial restraint upon the exercise by petitioner's members of their right to freedom of association." In other words, the First has a penumbra where privacy is protected from governmental intrusion. In like context, we have protected forms of "association" that are not political in the customary sense but pertain to the social, legal, and economic benefit of the members (Stephens & Scheb, p. 723). He goes on to discuss that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees which create zones of privacy. He specifically mentions the Third. Fourth, and Fifth Amendments in the next few paragraphs. While he mentions the Ninth Amendmend he does not elaborate on how it fits into his argument. He continues by slating that the Griswold case "concerns a relationship lying 8 �The Court's next responsibility according to Goldberg was to determine which rights are fundamental. He then stated his criteria for determining whether a right is fundamental and thus deserving of protection under the Fifth or Fourteenth Amendment with justification for its protection provided by the Ninth. In determining which rights are fundamental,judges are not left at large to decide cases in light of their personal and private notions. Rather, they must look to the traditions and conscience of our people to determine whether a principle is so rooted as to be ranked as fundamental. The inquiry is whether a right involved is of such a character that it cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions. (Stephens & Scheb, p. 725.) He then explained why he felt the right to privacy as presented in the Griswold case fell under the category of a fundamental right and why it should be protected, in the event that the state could not show a compelling reason for the statute or that it was necessary to accomplish a permissible state policy, the law could be upheld. In the Griswold case the state failed to do this and he finished his opinion with this final statement. In sum, I believe that the right of privacy in the marital relation is fundamental and basic - a personal right retained by the people within the meaning of the Ninth Amendment. Connecticut cannot constitutionally abridge this fundamental right, which is protected by the Fourteenth Amendment from infringement by the States. I agree with the Court that petitioners’ convictions must therefore be reversed (Stephens & Scheb, p. 726). The argument that there are certain rights then stated that the Ninth Amendment *‘since 1791 has been a basic part of the Constitution which we are sworn to uphold” (Stephens & Scheb, p. 724). He then outlines its relevance to the Griswold case. To hold that a right so basic and fundamental and so deep-rooted in our society as the right of privacy in marriage may be infringed because that right is not guaranteed in so many words by the first eight amendments to the Constitution is to ignore the Ninth Amendment and to give it no effect whatsoever. Moreover, a judicial construction that this fundamental right is not protected by the Constitution because it is not mentioned in explicit tenns by one of the first eight amendments or elsewhere in the Constitution would violate the Ninth Amendment (Stephens & Scheb, p. 724). In answer to the dissenters that his interpretation of the Ninth Amendment would broaden the powers of the Court, Goldberg discussed his interpretation of the Fifth and Fourteenth Amendments' due process clause and offered a definition of fundamental rights. (The Fifth Amendment states that “No person... shall be deprived of life, liberty, or property without due process of law” [U.S. Constitution, Amendment V] while the Fourteenth Amendment reads ”... nor shall any State deprive any person of life, liberty, or property, without due process of law.” (U.S. Constitution, Amendment XIV],) Goldberg argued that the Court has held that these amendments protect “certain fundamental liberties from abridgement by the Federal Government or the States. The Ninth Amendment simply shows the intent of the Constitution's authors that other fundamental personal rights should not be denied such protection or disparaged in any other way simply because they are not specifically listed in the first eight constitutional amendments” (Stephens & Scheb, p. 724). 9 �the Ninth Amendment, he stated that to say it has anything to do with the case "is to turn somersaults with history." He aligned himself with the interpretation of the Ninth Amendment which held that it was framed and adopted to "make clear that the adoption of the Bill of Rights did not alter the plan that the Federal government was to be a government of express and limited powers, and that all rights and powers not delegated to it were retained by the people." This philosophy, as mentioned earlier, lumps the Ninth with the Tenth Amendment. Finally, he could not find any right of privacy listed in the Constitution nor justify the Court overturning the statute based on the argument that it did not conform to community standards (Stephens & Scheb, p. 728). This case, while it laid a precedent for the use of the Ninth Amendment in judicial review, also illustrated theoretical problem,s with the process and the difficulty in overturning a law which all the justices felt was not right. Douglas's opinion applied the Fourteenth Amendment and incorporated the Bill of Rights as applicable to the states’, affirming rights not explicit in the Constitution. This process of incorporation while having a precedent ha.s its dissenters. Harlan and White simply felt the Fourteenth Amendment alone protected the appellants' liberties but still advocated a loose inleq?relation since there was no specific guarantee in the Bill of Rights to a right of privacy. Stewart and Black adhered faithfully to a strict and conservative interpretation and recognized no Federal guarantee of a right of privacy because it was not explicitly protected. While they felt the law was wrong, they believed it was the legislature's responsibility to change it. Goldberg's opinion while it may be considered liberal and activist wa.s constructed in such a way that it could be considered a strict interpretation. The Fifth and Fourteenth Amendments do provide for due process before a liberty can be deprived. If which can not be abridged by the Federal government or the States, that those rights not enumerated are allowed for by the use of the Ninth Amendment, that the judge's duty is to determine whether an appealed to right is deeply rooted in the traditions and conscience of the people, and that the abridging of those rights is not necessary to accomplish a permissible state policy, would appear to be sufficient criteria to serve as a precedent for overturning law in future cases which appeal to an unenumerated right. Justice Black and Justice Stewart, however, wrote dissenting opinions in the Griswold case. Both justices felt the law was offensive. Justice Stewart referred to it as “an uncommonly silly law" (Stephens & Scheb, p. 727). They did not feel that this was grounds to overturn the law however. Justice Black's views on a right of privacy are summarized in a sentence in his dissenting opinion. “I like my privacy as well as the next one, but I am nevertheless compelled to admit that government has a right to invade it unless prohibited by some specific constitutional provision.” He also did not feel it was the Courts' place to correct the situation but that Congress could and should pass amendments to the Constitution to correct situations such as this. With a very conservative, strict constructionist attitude, he commented, “That method of change was good enough for our Fathers, and being somewhat old-fashioned I must add it is good enough for me" (Stephens & Scheb. p. 727). Justice Stewart in his argument did not agree with Justices Harlan and White that the Fourteenth Amendment should have been a guide in this case as Griswold was not denied any procedural due process at the trial. He again followed a strict construction of the Constitution and states that the First, Third. Fourth, and Fifth were not violated by the Connecticut statute as no right mentioned in those amendments had been abridged. Concerning I. Incorporation refers to the Supreme Court's application of the U.S. Constitution's Bill of Rights to the States using the Fourteenth Amendment's due process clause. Those who feel we should interpret the Constitution strictly and explicitly disagree with incorporation. The fact is. however, that all of the Bill of Rights have now been applied to the Stales through this process. 10 �Some feel that Marshall gave us that opportunity long ago in Marbury v. Madison when he wrote *it cannot be presumed that any clause in the constitution is intended to be without effect; and therefore, such a construction is inadmissible, unless the words require it” (Stephens & Scheb, p. 42). This statement could well be the argument necessary to invalidate the traditional interpretation of the Ninth Amendment. In fact. Justice Goldberg refers to that line from Marbury V. Madison in his Griswold opinion and goes on to state that in interpreting the Constitution, "real effect should be given to all the words it uses" (Barnett, p.391). Justice Goldberg in the Griswold case opened the door to a new interpretation of the Ninth Amendment but it is a door through which it is often difficult to pass. Whether it is due to the philosophical controversy of judicial review and constitutional interpretation or due to the fact that the Griswold case and others which invoked a right to privacy dealt with very personal and moral issues is uncertain. Even Justice Jackson confessed that "the Ninth Amendment rights which are not to be disturbed by the Federal Government are still a mystery to me" (Caplan, p. 243). Since the Ninth Amendment protects those rights “retained by the people,’’ I feel that we the people are solely responsible for determining what those rights are. Hence, we must do our part to insure that laws are not passed which would infringe those rights. When they are, however, we must see that those laws are invalidated by demanding the due process guaranteed us. We must not allow the Courts to deny us rights not enumerated in the Constitution by appealing to Justice Goldberg's argument in Griswold that the Ninth Amendment protects those rights retained by the people. we define those liberties as those rights enumerated in the Constitution, the Bill of Rights, and in the case of the Fourteenth Amendment, State Bills of Rights, we can say that these liberties can not be deprived without due process. If we then use the Ninth Amendment to define a liberty as not only those rights already enumerated but also those unenumerated and retained by the people, then we can include unenumerated liberties in those protected by the Fifth and Fourteenth Amendments and still be following a strict interpretation of the Constitution. This argument relies on a new approach to interpreting the Ninth Amendment derived by Goldberg which goes against the traditional interpretation of the Ninth discussed previously. The fact that the traditional interpretation had its roots in a Federalist argument which surfaced during the Constitutional Convention and the ratification conventions, an argument conceded when Madison proposed a Bill of Rights to the House in 1789, would seem to deny the traditional approach much weight in this matter. This lack of weight, however, may not be enough to carry the argument for a broader interpretation of the Ninth Amendment. Madison conceived the Bill of Rights to protect the governed from the government. Both Federalist and Anti-Federalist were concerned about a strong central government abridging the rights of the individual. Patrick Henry’s concerns about a Congress empowered to pass all laws necessary and proper were probably shared by many. The first eight amendments of the Bill of Rights were that check against the delegated powers of Congress but they were not a guarantee against whatever laws might be passed under the necessary and proper clause. The Ninth Amendment, if given as broad an interpretation as the necessary and proper clause was given by Chief Justice Marshall, could very well be that check against Congressional power. 11 �Bibliography Burnett. Randy. “James Madison's Ninth Amendment.” The Highly Heiiiiiied By The People. The History and Meaninf; of the Ninth Amendment. Ed. Randy Bametl. Fairfax. Va.: George Mason University Pres.s. I9S9. Bixlenheimer. Eklgar. Jurisprudence, the Phitosoi>hy and Meiluid of the Ixtw. Cambridge. Ma.. Harvard University Press, 1974. Brant. Irving. The Foiinh President. 4 Life of James Madisitn. New York: The Bobbs-Merrill Company. Inc.. 1970. Caplan, Russell L. “The History and Meaning of the Ninth Amendment." The Rights Retained By The People, The History and Meaning of the Ninth Amendment. Ed. Randy Barnett. Faiffax. Va.: George Mason University Press, 1989. Lieberman. Jethro K. The Es-olving Ctmstitulion. Random House, 1992. Madison. James. “Speech to the House Explaining His Pn>pose<l Amendments and His Noles for the Amendment Speech." The Rights Retained By The Peofde, The History and Meaning of the Ninth Ameiulmeni. Ed. Randy Barnett. Fairfax. Va.: George Ma.son University Pres,s, 1989. Mavsey. Calvin R. “Federalism and Fundamental Rights; The Ninth Amendment." The Rights Retained By The People, The History and Meaning of the Ninth Amendment. Ed. Randy Bametl. Fairfax. Va.; George Mason University Pres.s. 1989. Patterson. Bennett B. "The Forgotten Ninth Amendment." The Rights Retained By The People. The History and Meaning tf the Ninth Amendment. Ed. Randy Barnett. Fairfax. Va.: George Mason University Press. 1989. Stephens Jr.. Olis H. artd Schd> 11. John M. American CoiLstiiufional Law. Essays and Cases. New York: Harcourt, Brace, Jovanovkh, 1988. Van Loan III. Eugerte M. “Natural Rights and the Ninth Amendment." The Rights Retained By The Pec^e, The History and Meaning of the Ninth Amendment. Ed. Randy Bametl. Fairfax, Va.: George Ma.son University Press, 1989. 12 �Maternal Deprivation in Three Works of Literature By Bonita Morisette Course: Modern Women Writers Instructor: Dr. Helon Raines Assignment: Trace a theme that you find present in the works of several diffe/ent authors or in several works by the same author. Evaluate the significance of this theme in the authors’ works, in literature in general, in society, in our lives, in other words in one specific context. The audience for this paper are readers of a literary journal that is refereed. Maternal Deprivation is a term which refers to an insufficiency of interaction between a child and the nurturing person. In current society, that nurturing person is most often the mother. From early days of scientific studies, people have been aware of the importance of “mother" in the development of healthy individuals. In fact, the role of the mother has been so important that women have been blamed for almost everything (hat has gone wrong with children, from violence to incest to schizophrenia. Although it is argued (hat a good substitute curegiver can take the place of the “mother,” many studies have found that the loss of the central “mother” figure early in life has profound effects on children.' However, it is not necessary to limit oneself to the reading of social science papers and textbooks to learn about the impact of maternal deprivation. Often, a clear picture of the importance of a strong mother figure can be found in literature as well. Kay Boyle gives us a startling reminder of the importance of the mother in her short story, “Winter Night.” In 13 �Fussed over, and fed well, he was able to focus his energies on his studies and succeeded not only in attending college but in being accepted to Oxford as well. As his knowledge increased, he was able to apply the caring he had learned from Helen, the older woman, to himself and his studies. Later, a.s he became more aware of his own emotional needs, he found that material possessions were not the most important things in life. We see him as continuing to be self-centered when he speaks of his wife. “Carrie has learned to cook and she scrubs around. I can't stand dirt” (1710). Although he is never able to love completely, the time he has spent with his substitute mother, Helen, has improved his ability to love. This ability, limited as it may be, is revealed in a conversation he had years later with her companion. “You once lold me you didn't understand about like or dislike.” He said, “I loved Helen.” “Too bad you never told her so. Too late now.” “I lold it to her,” he said, “the night I looked up your word, ‘penlimento’ (1710) In this story, Helen clearly depicts a mother substitute. She may nol have been a perfect replacement but was certainly an influential one. The most poignant example of the result of maternal deprivation is seen in the story, “The Bluest Eye,” by Toni Morrison. Here we follow the lives of a poor black family. The father, Cholly, raised by a loving aunt after his mother abandoned him, is a prime example of the effects of maternal deprivation. On the surface, he is a free man, but underneath he is devoid of the ability to establish the healthy relationships he needs. But the aspect of married life that dumbfounded him and rendered him totally dysfunctional was the appearance of children. Having no idea of how to raise children, and having never watched any parent raise himself, he could not even comprehend what such a relationship should be.(2158) “Penlimento,” Lillian Hellman reveals the influence of a mother figure on a young man, and Toni Morrison shows the effects of maternal deprivation on three generations of a family in her story, “The Bluest Eye.’’ In “Winter Night,” the author introduces Felicia; she is a young girl who is deprived of her mother for many hours of the day because the mother must work. Kay Boyle is able to present to the reader the feelings of insecurity the child feels everyday, when her father is at war, and her mother is at work. In accomplishing this, she describes the room the child is waiting in. “There is a lime of apprehension which begins with the beginning of darkness. It may begin around five o’clock on a winter afternoon when the light outside is dying in the windows... the apartment in which Felicia lived was filled with shadows...” (1695). For this child, and for the reader, the savior is the babysitter who comes and provides comfort and security for the child. While doing so, she reminds the readers of all the children in the concentration camps who were not comforted and who suffered the permanent loss of their mothers. As the story progresses, we see the caregiver providing the physical comforts the child needs: “I will wash the glass... I will wash the glass for her and clean off the table... when she is finished” (1698).More importantly, she provides the emotional comforts Felicia needs as well. The mother becomes aware of this comforting when “...she saw the woman lying sleeping on the divan, and Felicia, in her school dress still, asleep within the woman's arms” (1703). “Winter Night” is an example of a mother substitute providing the comforting and caring a child needs in order to prevent the lasting effects of maternal deprivation. Often, maternal deprivation lakes place, not through death or divorce but through indifference. In “Penlimento,” we meet Jimsie, a young man who was exposed to a mother's love late in life. His mother is alive and in his words, “is a pretty, nice lady, but a slob” (1710). As a young man, Jimsie met and was cared for by an older, nurturing woman and her intellectual companion. 14 �not only of mothers, but of women in general. It i.s imperative for lhe survival of lhe human species that we find ways for women to be all that they desire without giving up lhe nurturing, maternal role. This inability to establish a healthy relationship led his wife. Pauline, to doubt her own worth. She began to see value only in those things she perceived as “pretty.” Pretty people had fair skin and straight, blond hair. Even her own babies did not qualify as pretty. They were loo dark and iheir hair loo kinky. The inability to view herself or her family as beautiful led her to abandon her own children while actually continuing to be physically present in the house. In a very real sense, Pauline was not there for her children. In her role as housekeeper for a wealthy white couple, she was a flawless substitute mother for the pretty, pale­ skinned child she cared for. Unfortunately, she was unable to be an authentic “mother” to her own daughter, Pecola. Pecola is left to languish without a maternal role model. Deprived of both maternal and paternal love, she asks “How do you do that? 1 mean, how do you gel somebody to love you?” (2084). In her child's mind, that is the secret to life. How do you get somebody to love you? She is haunted by Shirley Temple dolls with their yellow ringlets and big blue eyes. Believing these blue eyes to symbolize lhe beauty her mother so desires, she turns to magic to get them. Trusting that those around her will notice and love her again, she finds, unfortunately, that her blue eyes are not good enough either. She still is not loved. Rejected by her mother, violated by her father, she spends her days in madness. The third generation of this saga, lhe baby bom of incest between Cholly and his daughter, Pecola, is delivered too early. It is also a victim of the maternal deprivation handed down from Cholly's mother to Cholly, to Pecola. Unfortunately, this child does not even get to experience an incomplete life. It dies. Like violence, the effects of maternal deprivation are handed from one generation to another. These examples, taken from literature, show us lhe grave consequences of maternal deprivation: insecurity, inability to love, and inability to survive. Perhaps these writers will enable future generation.s to recognize lhe worth Endnotes ' With lhe exception of one study done during Hitler's regime (Ernst, Cecile), the effects of maternal deprivation on later life are quite clear. All authors agree that some degree of dysfunction exists. The availability and quality of lhe “mother substitute” may diminish these effects but do not eliminate them altogether. Jill Hodges, in her work on adopted children, found a strong correlation between the aspects of the relationship to self and to objects to be apparent in children who had suffered early maternal deprivation. John Klauber, in his work as a therapist, found that women who had suffered from early maternal deprivation often suffered from psychological bondage to others, suffering great anxiety when dealing with even the termination of analysis when the need for treatment was obviously over. -When asked to define “Penlimento,” Lillian Helman gave the following response. Old paint on canvas, as it ages, sometimes becomes transparent. When that happens it is possible, in some pictures, to see lhe original lines: a tree will show through a woman's dress, a child makes way for a dog, a large boat is no longer on an open sea. That is called penlimento because the painter “repented,” changed his mind. Perhaps it would be as well to say that the old conception, replaced by a later choice, is a way of seeing and then seeing again. That is all I mean about the people in thi.s b(X)k. The paint has aged now and I wanted to see what was there for me once, what is there for me now.” (1705) 15 �Works Cited Boyle, Kay. “Winter Night." Thf Noriim Anlluflugy Utenuure By Women. Eds. Sandra M. Gilbert wd Susan Gubar. New York: W.W. Norton and Company, 1985. 1695-1703. Emu. Cecile. "Are Early Chiklhnixl Experiences Overrated? A Reassessment of Maternal Deprivation." European Archivai Psychiatric Neuroloqicai Scient e. {1988). 237: 80-90. Hellman. Lillian. “Penlimenin." T/te Norton Anthology of Literature ByWomen. Eds. Sandra M. Gilbert ar»d Susan Gubar. New York: W.W. Norton and Company, 1985. 1705-1710. Hrxlges. Jill. "The Relalirxiship to Self aixl Objects in Early Maternal Deprivation and Adoption." JtHimal of Child Psvchotherapy. 1990, Vol. 16. No. I. (53-73). Klauber. John. "Analyses That CaniKil Be Terminated.” International Journal Psycho-Analysis. Vol. 58.(473-4T7). Morrison. Toni. "The Bluest Eye." TTie Nitrton Anthology irfLiteraiure By Women. Eds. Sandra M. Gilbert and Susan Gubar. New York: W.W. Norton and Company. 1985. 2068-2184. �c Interoffice Memorandum of Law By Melanie Walford Course: Legal Research I Instructor: Mary Kubichek Assignment: Students were to draft an interoffice memorandum of law. They were to research and draft arguments on two sides of an issue. TO; Mary Kubichek FROM: Melanie Walford DATE: November 30, 1993 CASE; Hardy v. Natrona County Services RE: Wrongful Adoption Hardys have a cause of action against Natrona County Adoption Services for intentional or negligent misrepresentation. Issue Is an adoption agency liable for intentional or negligent misrepresentation when they fail to act in good faith and not provide full disclosure regarding the health of a child? Assignment You have asked me to research cases and draft an interoffice memorandum to determine if the 17 �the adoption agency was liable for intentional or negligent misrepresentation to the adoptive parents. No Wyoming Supreme Court cases will be discussed because no cases could be found in Wyoming as of December 1, 1993. Facts On September 21, 1983, Marilyn and Tom Hardy adopted Samuel when he was two years old from the Natrona County Adoption Services (NCAS). The Hardys inquired about his background and the families’ medical history. NCAS assured the Hardys that Samuel was in good physical and mental health. Samuel began to have severe mental problems which led to violent rages by the time he was six. He would go into temper tantrums and throw himself violently against the wall or upon the floor, often injuring himself. Once while playing on the playground at school, Samuel became so enraged he pushed a child out of a swing, causing severe head trauma to the child. Al the age of ten, Samuel was placed in a private mental institution. A court order was obtained in 1989 to have sealed records opened to reveal Samuel's background. The records revealed that Samuel's mother was sixteen when he was born, unwed, and had been institutionalized for mental illness by the time she was eighteen. The father is unknown. Had the Hardys known of Samuel's prior history, they would not have adopted him. The Hardys are seeking damages for medical expenses, loss of consortium, and emotional distress. Natrona County Adoption Services Is Liable For Intentional and Negligent Misrepresentation Prior to the adoption of a child, it is the duty of the adoption agency to fully disclose information about the child and not conceal or misrepresent the facts. This was the ruling in Burr v. Board of County Commissioners of Stark County, 491 N.E.2d 1101 (Ohio 1986). Intentional misrepresentation is established by proving the elements of fraud. The elements of fraud are (a) a representation or, where there is a duty to disclose, concealment of a fact, (b) which is material to the transaction at hand, (c) made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred, (d) with the intent of misleading another into relying upon it, (e) justifiable reliance upon the representation or concealment, and (f) a resulting injury proximately caused by the reliance. Burr at 1105. The Burrs adopted Patrick at 17 months of age. They were told Patrick's mother was unwed, 18 years old, living with her parents, working fulltime and that the grandparents were mean to the boy. The mother was moving to Texas and gave Patrick up for adoption. The Burrs were told the boy was nice, big and in healthy condition. Burr at 1103. Discussion Intentional misrepresentation and negligent misrepresentation of material facts have been hard issues for the courts to distinguish between when hearing wrongful adoptions cases. M.H. v. Caritas Family Services, 475 N.W.2d 94 (Minn. Ct. App. 1991). Intentional misrepresentation exists when the elements of fraud are proven. Negligent misrepresentation exists when an assumption of duly to inform is proven. M.H. at 98, 99. Four state cases will be discussed where the adoption agencies were liable for intentional and negligent misrepresentation. Three state cases will then be discussed where 18 �The County knew, or with the exercise of reasonable care, should have known this was a manifestation of Sturge-Weber Syndrome, a congenital degenerative nerve disorder. Michael J. at 505. Mary inquired about the stain but the County concealed its significance from her. Prior to the adoption, Michael was examined by a doctor who refused to make a diagnosis. Later, a board certified neurologist examined Michael who claimed the first doctor should have diagnosed Sturge-Weber Syndrome with prognosis for epilepsy. This syndrome is congenital and is present at birth. Michael J. at 506 The Superior Court of Los Angeles granted motion for summary judgment for the County. TTie Court of Appeals reversed and remanded the case. The court held By recognizing an action for intentional misrepresentation or fraudulent concealment, we are not imposing on the agency a duty to predict the future health of a prospective adoptee. However, there must be a good faith full disclosure of material facts concerning existing or past conditions of the child's health.Michael 7. at 513. The County did not act in good faith by not fully disclosing material facts concerning Michael's past health conditions. The adoption agency did not disclose the doctor's refusal to make a diagnosis. If it is shown that NCAS, like the County of Los Angeles did not fully disclose material facts concerning existing or past conditions of the child's health, then they may be liable for intentional misrepresentation. An agency assumes a duty to inform the adoptive parents of a child's health or natural parent's health and nondisclosure constitutes intentional misrepresentation. This was held in M.H v. Caritas Family Services, 475 N.W.2d 94, (Minn. Ct. App. 1991). The District Court grunted summary judgment on the intentional misrepresentation claim and denied summary judgment on the negligent misrepresentation Patrick suffered from twitching, speech impediments, poor motor skills, learning disabilities, and hallucinations. A court order opened the sealed records and revealed his mother was 31 years old, a mental patient and that Patrick was born in the state mental hospital. The unknown father was presumed to be a mental patient also. Patrick was at risk for having Huntington's Disease which he was later diagnosed as having. The Burrs sued for intentional misrepresentation and the Board of the County Commissioners of Stark County appealed. The Supreme Court of Ohio affirmed the trial court's decision. The opening of the sealed records proved the adoption agency intentionally misrepresented Patrick’s background. They relied on the information given to them, adopted Patrick and suffered damages. The facts of this ca.se are analogous to ours and may be helpful. The Hardys, like the Burrs, relied on incorrect and incomplete information which was not fully disclosed. The agency's sealed records were opened by court order which revealed information concerning the child's background. This information was intentionally misrepresented to the Hardys, and the Burrs, by the adoption agencies. If it is shown that NCAS did not fully disclose information to the Hardys prior to the adoption, and the Hardys prove the elements of fraud, then NCAS may be liable for intentional misrepresentation. Prior to an adoption, there must be a good faith full disclosure to the adoptive parents of material facts concerning existing or past conditions of a child's health. This was the ruling in Michael J.v. County of Los Angeles, Department of Adoptions, 247 Cal. Rptr. 504 (1988) Michael J. was adopted by Mary Stout in 1970. At the time of the adoption, Michael was diagnosed as being in good health and suitable for adoption, despite an extensive port-wine stain, claimed to be a birthmark, over most of his body. 19 �claim. The Court of Appeals reversed the summary judgment for intentional misrepresentation and affirmed the trial court's decision on negligent misrepresentation, allowing trial on both issues. M.H. adopted C.M.H. in 1970. They were told there was a possibility of incest in the family. It did not occur to the adopting parents that C.M.H. wa.s conceived by incest. No other inquiries were made and the adoption agency offered no further information. Written information indicated the father was in good health and was of normal intelligence. There was no written indication of incest. M.H. at 97. C.M.H. quickly became nerv()us. jumpy, violent and had set fire to furniture in the home. The child was diagnosed as suffering from attention deficit hyperactivity disorder and was on Ritalin, plus received counseling. M.H. at 97. Caritas Family Services knew C.M.H. was the offspring of two siblings and failed to disclose this material fact. M.H. later learned of the incest and that the birth father was borderline hyperactive, of low intelligence and received mental counseling at age 11. The Court of Appeals held the plaintiffs must show the following for intentional misrepresentation: (1) There was a representation. (2) That representation was false. (3) The representation had to do with a past or present fact. (4) That fact was material. (5) That fact was susceptible of knowledge. (6) The represented knew the represented fact to be false or, in the alternative, asserted it as his own knowledge without knowing whether it was true or false. (7) The represented intended to have the other person induced to act or justified in acting upon it. (8) That person was so induced to act or so justified in acting. That person's action was in reliance upon the representation. (10) That person suffered damage. (11) That damage was attributable to the misrepresentation. M.H. at 99. The court held in the negligence misrepresentation claim .... the agency assumes a duty to inform prospective parents about the child's health or the health of the natural parents. M.H, at 98. These two issues may assist our client if it is shown there was a representation, the representation was false, and the Hardys relied on this representation which caused damages; then NCAS may be liable for intentional misrepresentation. If it is shown NCAS assumed a duty to fully disclose information about the child or the parents and did not disclose these facts, NCAS may be liable for negligent misrepresentation. NCAS, like Caritas Family Services, knew of the mother's mental illness and did not fully disclose this information. An agency may not make a false statement of a material fact if the agency knows it to be or believes it to be false. This wa.s the ruling in Roe v. Catholic Charities, 588 N.E.2d 354 (Ill.App. Ct. 1992). Three families adopted three children from Catholic Charities. The children would be adopted on the condition they were physically and mentally healthy and needed lots of love. The adoption agency stated that they were normal, that no unusual or extraordinary medical expenses would be incurred, and that no other information was available on their backgrounds. The children had all suffered from abnormal behavior and mental health problems in the past. The first child placed had a violent and uncontrollable temper and was intellectually, mentally and emotionally retarded. The second child had severe abnormal behavior such as smearing feces on the interior walls of past foster (9) 20 �homes. The third child was so destructive he stomped a foster family's dog to death. The patterns continued. One child cut the whiskers off the family’s cat; another exposed himself after painting the neighbor's house; and the other had a violent behavior requiring counseling. A court order opened sealed records revealing that the agency's statements were false. The adoptive parents sued for fraud, breach of contract and negligence. The Circuit Court dismissed the complaint and the Appellate Court affirmed in part, reversed and remanded in part. The court held there was a cause of action for fraud based on the agency's intentional and negligent misrepresentation. Adoption agencies are bound by both statutes and common law and may be sued for common law torts like corporations. Roe at 359. The opening of the sealed records proved the agency knew of the children’s background and failed to disclose this material fact. The agency had a duty to be honest in fulfilling the adoptive parents' request and breached that duty by withholding information which resulted in damages sustained by the adoptive parents. The burden of duty to disclose information is placed on adoption agencies as they are the only ones who have information regarding infants' backgrounds. The burden can be placed on no other party. Roe at 365. The facts of this case may be applied to our case to show that adoption agencies have a duty to disclose information regarding the child's background. This information is needed so adoptive parents can make good decisions in the best interest of the child. If the Hardys, like the Roes, had known of each child's background, different decisions may have been made for the best interest of the child. If nondisclosure is proven, NCAS may be liable for intentional and negligent misrepresentation. Four cases have been discussed where the courts have held adoption agencies were liable for intentional and negligent misrepresentation. The adoptive parents proved the agencies knew of information concerning the backgrounds of the children being adopted and the agencies did not act in go(xi faith in disclosing these material facts. Three cases will now be discussed where the courts have found the adoption agencies were not liable for intentional or negligent misrepresentation. Natrona County Adoption Services Is Not Liable For Negligent or Intentional Misrepresentation To impose on an adoption agency the liability to guarantee an infant's future good health would be entirely unreasonable. This was the ruling in Richard P.v. Vista Del Mar Child Care Service. 165 Cal, Rptr. 370 (1980). Richard P. adopted Gregory in 1970. Vista informed the parents that Gregory was premature, had large earlobes, but was a healthy child at the time of the adoption. The adoptive parents had their own pediatrician examine Gregory who found him to be in good health. Three years later, Gregory suffered from severe neurological damage. Richard P. sued for intentional and negligent misrepresentation. The Superior Court of Los Angeles County dismissed the case based on a demurrer and the Court of Appeals affirmed the Superior Court's decision. The court held “predictions as to future events are deemed expressions of opinion, and thus not actionable.” Richard P. at 373. Vista Del Mar Child Care Service fully disclosed the information they had as to Gregory's condition. The adoptive parents even had another physician examine him who diagnosed the same result. At the lime of the adoption, Gregory was in good health. An adoption agency should not be liable for a child's future health. This makes them a guarantor of the child's health and this is unreasonable. Natural parents do not have this guarantee. 21 �The fads of this case are distinguishable from our case because the Natrona County Adoption Services knew of Samuel's mental problems at the time of the adoption. If the agency had, in good faith, fully disclosed the information concerning Samuel's background, and the Hardys adopted him anyway, this case could be applied to our situation. An adoption agency is not a medical provider and does not have a duty to test children for medical purposes. This wa.s the ruling in Foster v. Bass, 575 So,2d 967 (Miss. 1990), The facts of this case involved Foster adopting Geoffery from Catholic Charities. Hewas later diagnosed as having PKU. PKU is a metabolic disease which is inherited and causes retardation if not diagnosed early and treated properly. PKU, however, has no symptoms or indication that the disease exist,s and children with PKU are born healthy. Approximately 1/10,000 births are PKU in European populations; or 1/50 members of the population carry PKU gene. Foster at 969. In 1972, when Geoffery was adopted, PKU testing was not mandatory. Catholic Charities provided a medical information sheet for parent.s to take to their physicians and have it completed. An indepth investigation is provided by Catholic Charities before placing a child into an adoptive home. This does not include, however, performing medical tests on children. They have no doctor on staff and that is the purpose for the medical information sheet. Mr. Foster obtained the sheet and found a blank by the PKU test and the form was given to his physician. The physician thought the blank was because the test results had not returned. He did not inquire whether a test had been done or not. in 1976. Geoffery was diagnosed as having PKU and the damage was irreversible. Mr. Foster sued Catholic Charities for negligence. The Circuit Court granted summary judgment for the agency. The Supreme Court affinned. The court held that Catholic Charities informed the Fosters of all the information they had. They conducted painstakingly and thorough studies. They were involved in no misrepresentation or fraud. Foster al 981. The policy of Catholic Charities is to fully disclose the health and medical conditions of a child before adoption. There were no doctors on staff who were trained to evaluate medical records. The medical information form is simply used to provide spaces for the doctors to insert the results of their examination. This case may not assist our client because the facts are somewhat different. NCAS, unlike Catholic Services, did not have a policy to fully disclose information available to them. NCAS also refused to disclose the information they did have. Catholic Services, on the other hand, disclosed information obtained through the indepth investigation. Because NCAS concealed information, intentional and negligent misrepresentation may exist. Adoption agencies are not violating adoptive parents' due process or equal protection rights by failing to release information regarding the children's backgrounds or by failing to provide adequate services to the children. The Appellate Court held this in Grijfith v. Johnston, 899 F.2d 1427 (Sth Cir. 1990). The Griffiths adopted five hard-to-place children from the Texas Department of Humane Services (TDHS). Hard-to-place children are those who are hard to place because of age, race, religion, physical, mental or emotional handicap. Based on stale statute, TDHS informs adoptive parenLs about their availability, assists with the adoption process, provides financial support, and discloses compiled information concerning health, social, educational and any physical, sexual, or emotional abuse to the prospective parents. The adoptive parents have the right to examine all records and information relating the history of the child. The Griffiths claim that TDHS intentionally failed to hire more competent psychologists with better (raining for the children with special needs. After the adoption, the children had attacked the 22 �ours but may assist our client. The Supreme Court held TDHS did not violate the Griffith's constitutional rights because there was a g(X)d faith full disclosure of the children's backgrounds. If it is shown NCAS did not act in gtxxl faith and did not fully disclose information, they may be liable for intentional misrepresentation. parents and other siblings with lethal weapons and committed criminal acts against the community. The parents contended that TDHS coerced them into adopting the five children without disclosing information about their background; therefore this was governmental interference and violated their right to make informed decisions in reference to their family. The Supreme Court held that once the slate approved them as adoptive parents, it could not interfere with their decision by providing incomplete or misleading information about the children. Griffith al 1427. “While information and training provided by the stale may aid parents in caring for their adopted special-needs children, the slate and not the courts should determine whether and in what forms to provide that aid.” Griffith at 1438. The Griffiths also claimed that TDHS deprived them of properly interests to include services provided by TDHS and money which was spent to care for the special-needs children. The services provided to adoptive families after adoption are at the discretion of the social worker and whether the family qualifies for the benefits. TDHS did deprive the Griffiths of any monetary resources. Parents electing to adopt hard-to-place children should expect to spend more money than on normal children. The Supreme Court held: While the state may not interfere with a parent’s right to make treatment decision on behalf of a child, the state need not. a.s a matter of constitutional duty, help the parents diagnose the problem and locale the cheapest treatment alternative, Griffith at 1440. The Equal Protection Clause mandates that similarly situated persons be treated similarly. The Griffiths claim TDHS violated this right by providing greater services to children in the state's custody than to children already adopted. The Supreme Court held Adopted children who rely upon their adoptive parents for support and children under slate conservatoires are in no way similarly situated with regard to the medical and psychological services provided by the slate. Griffith al 1441. The facts of this case are distinguishable from Summary Seven cases have been discussed on intentional and negligent misrepresentation in wrongful adoptions. In the first four cases discussed, the courts held adoption agencies were liable for intentional and negligent misrepresentation. The cases revealed the following; 1. NCAS may be liable for intentional and negligent misrepresentation if it can be shown they had a duty to fully disclose information about the child without concealment or misrepresentation of facts. 2. NCAS may be liable for negligent misrepresentation if it can be shown they assumed a duty to inform the adoptive parents about the child's or natural parent's health. 3. NCAS may be liable for intentional and negligent misrepresentation if it can be shown they made statemeni.s of material facts known to be or believed to be false. The last three cases discussed, the courts held adoption agencies were not liable for intentional and negligent misrepresentation. The cases revealed the following: 1. NCAS is not liable for intentional or negligent misrepresentation if it can be shown that it is unreasonable to impose a liability on them to guarantee the future health of children. 2. NCAS is not liable for intentional or negligent misrepresentation if it can be shown they are not a medical provider and do not have a duty to test children for medical purposes. 3. NCAS is not liable for violating the Hardys' due pHKCSs or equal protection rights if it can be shown that NCAS fully disclosed background information and provided adequate services for the chid. 23 �Recommendations More information is needed on the statute of limitations; when can adoptive parents bring a cause of action for wrongful adoption? 4. Contact adoption agencies in Wyoming to see what medical information forms, if any. are used, or if a physician examines the children prior to adoption. 3. Research current Wyoming Statutes and common law regarding confidentiality of adoption records to see if it violates public policy. 2. Interview adoption agencies to see if they have been sued or in the process of being sued for wrongful adoption. 1. Appendix Burrv. Board of County Commissioners of Start County, 491 N.E. 2d 1101 (Ohio 1986). Foster v. Bass, 575 So. 2d 967 (Miss. 1990). Griffith v. Johnston, 899 F.2d 1427 (5th Cir. 1990). M.H. V. Caritas Family Services, 475 N W.2d 94 (Minn. Ct. App. 1991). Michael J. v. County of Los Angeles, Department of Adoptions, 247 Cal. Rptr. 504 (1988). Richard P. v. Vista Del Mar Child Care Services, 165 Cal. Rptr. 370 (1980). Roe V. Catholic Charities, 588 N.E,2d 354 (111. Ct. App. 1992). 24 �Life in El Refugio By Dale E. Sprague Jr. Course: Cultural Anthropology Instructor: Dr. Barbara Mueller Assignment: Students were to interview a native of another country, using an assigned ethnographic format. On a paved road connecting Guadalajara and Puerto Vallarta, lies a small village of 200 people called El Refugio. This Mexican village, like many villages in all parts of the world, has a Catholic church as its most prominent building. My informant, Jesse, says the church and the town have been there forever. Jesse's mother, Margarita, was bom and raised there and visits her sister Rosa quite often. Jesse, bom in Juarez, has accompanied her mother on these visits to see Aunt Rosa, which have lasted from one to three months and occur about every year. Spanish is the language spoken in El Refiigio just as it is in all of Mexico. Materially, Aunt Rosa and her family are probably better off than some Mexican citizens. but are not by any means wealthy. Aunt Rosa, her husband Quadalupe, and their live children live in a three bedroom house. There is a living room and a kitchen inside with an outhouse in the back. The walls are constructed of mud bricks with cement plastered on both the inside and outside. The floors are cement with the only covering being a rug which everyone has beside their bed. This is to protect their feet from the cold of the cement floor early in the morning. Wall to wall carpeting is only found in the homes of the well to do. No one in El Refugio has wall to wall carpeting. The clothes that Aunt Rosa and her children wear are very similar to American clothes. On visits to El Refugio, Margarita and Jesse have 25 �anything resembling a grocery store in El Refugio. Aunt Rosa has to go to several different shops in El Refugio, many of which are simply people's homes, to get her beef or pork, milk and cheese, medicines and jello, and finally fresh vegetables and avocados. Every Tuesday and Thursday is market day and several trucks come into town. They park near the church and sell their goods from their truck. A vegetable and fruit truck arrives with everything from the types of vegetables grown locally to mangoes, bananas, tomatoes, lettuce, carrots, green beans, and watermelons, While some in El Refugio may grow some of these things, many do not grow enough to subsist on all year long, and few have big enough gardens to grow all of these things. The produce is also much less expensive when purchased at the market. A Coke truck also comes to town and sells Coke in bottles. To buy Coke from the driver you must bring him the same number of empty bottles you wish to buy from him. This insures an adequate supply of bottles for the bt>ltling process. Occasionally a furniture truck will also come on market days and sell his wares from his truck or help you place an order through a catalog. There is also a truck which has all kinds of clothing and linens on it. Finally, there is the motorcycle man, a modern peddler, who comes to town on a motorcycle with catalogs. From him you can purchase furniture, appliances, clothes, jewelry, watches, rugs, etc. Except when Margarita and Jesse are visiting, this is what is available to Aunt Rosa. When they have the convenience of Margarita's car, however, they might make one or two trips a week to Tala, a bigger town fifteen miles away on the road to Guadalajara. In Tala they can shop at Com-ASuper. a supermarket just slightly smaller than one in Casper. Without Margarita's car, she would have to take a bus to Tala which means she does not go there often. The week in El Refugio culminates with dances on Friday and Saturday nights, a major social event. At the disco, the local band. Banda El broughi gifts of clothing which Aunt Rosa and her daughter Josephine have been able to make patterns of and repnxluce. It costs them far less to buy the material and reproduce the clothes than it cost Jesse and her mom to purchase. Jesse also informed me that there were small family run businesses in Guadalajara which also copied American clothes, reproduced them and sold them throughout the region. When going into Aunt Rosa's kitchen, you would think you were entering an American kitchen. She has a gas stove, a very expensive electric refrigerator, a microwave, a toaster, an electric can opener, dishes, stainless steelware, an electric skillet, as well as pots and pans. Due to Margarita's generousity. Aunt Rosa has more than her husband Guadalupe could ever provide and probably more than she needs in her kitchen. Jesse made it clear that the microwave only gets used when her mom and she visit. Another prominent feature in the kitchen is several big waler jugs. Aunt Rosa is not wealthy enough to afford water all day long. So from 6 a.m. to 10 a.m., baths must be taken, the garden watered, clothes washed, and all the water jugs filled. The other 20 hours of the day, there is no running water in Aunt Rosa's house. This also explains the common habit of having to take a pitcher of water with you when you go to the outhouse. When you are finished, you must pour the pitcher of waler down the toilet so that everything will be washed into the cess pool. Jesse assure.s me that there is no odor. Their diet consists of refried beans and tortillas at every meal. At breakfast, they always have refried beans, tortillas, and eggs. At lunch they will have potatoes and rice or a pasta dish with refried beans and tortillas. Finally at supper, they will have beef, pork, or chicken along with potatoes and rice, a pasta dish, or noodles with refried beans and tortillas. Their diet is supplemented by fresh vegetables grown in their own garden or purchased elsewhere.While the diet may be boring, what I found interesting was the shopping process. There is not a grtKcry store or 26 �Refugio, plays dancing music most of the night. Sixteen local men play their guitars, drums, electric pianos, clarinets, trumpets, and flutes. The local men come to the dance in their best boots, jeans, and shirts, while the women adorn themselves in brightly colored dresses. The preparation that the women go through before these dances is, according to Jesse, like getting ready for prom. There is food and drink at the dances and everyone from the village is there as well as local farmers and occasionally some young men from another village. Children also run about playing games or dancing. In many households the men have come home from working elsewhere, which increases the importance of these events. Social unity is also centered around the local soccer team. El Refugio has its own football stadium and every year the men of the village try out for the local team. Everybody votes on who will be on the team so there is little chance of making the team unless you are a good player. They play all year round as the weather in El Refugio is fairly mild. They do not play for trophies however. If they win, the village people will donate money and supplies for a big party. A pig will be roasted and the dance that night will be extra special. Drama can be found at Aunt Rosa's house in the form of movies which Margarita has copied in the United States and sent to her. They play these movies on a VCR and TV which Margarita has also purchased and brought to Mexico. Aunt Rosa can also pick up four TV channels from Guadalajara. There are also theatres in the bigger city which play American movies with subtitles. Poetry and music can also be found on the buses which take Aunt Rosa to Tala. Seven to 10 year old boys take their guitars onto the buses and play Corridas or folk songs to the passengers in exchange for coin from appreciative listeners. In Guadalajara, those who are interested can also see American bands in concert as well as Mexican bands. On Jesse's last visit this summer. Bon Jovi and Michael Jackson were both in concert in Guadalajara. The social relationships in El Refugio center around the nuclear family. While Aunt Rosa has a brother Manuel who lives in El Refugio, Manuel lives in a separate house with his family. Within his family, Guadalupe is the master. He owns the one acre of land that their house sits on and if he were to die, ownership would pass to his 13 year old son Gustavo. Though Aunt Rosa might retain control of the household and the house in trust, since Gustavo works be is old enough to own property. Gustavo would also become the man of the house if Guadalupe were to die and he would have all the rights that Guadalupe had within the walls of the family house. Guadalupe's mastery can best be illustrated by a situation which currently exists in their household. Norma, his sixteen year old daughter, is pregnant. The father of the child refuses to marry her. Guadalupe does not know this yet, but when he finds out, Norma will be forced to leave the house. This type of behavior is unacceptable and disrespectful to her parents. In El Refugio, it is not proper for a young girl to have sexual relations and get pregnant, even though it is okay for a young man to do so. If she dt)es get pregnant there must be a wedding soon. Even after marriage, it is socially acceptable for a man to have relations with someone besides his wife. This double standard applies to divorce also. A marriage in Mexico can be ended simply by going to a lawyer and having the papers drawn up and signed by the one seeking the divorce. There doesn't have to be a reason. The consequences for the man are minimal. Since the man builds or buys the house for his wife, though, the woman is left with the house. The consequences for the woman, however, include ostracism, inability to find someone willing to marry her, and social disgrace. The common belief is that the woman who is divorced by her husband is not a good wife or mother, is a poor housekeeper or cook, or has been sleeping with someone besides her husband. The women, once they have children, are confined to the house and the care of the infant 27 �child. From birth to one year, the main nourishment for the baby is breast milk. After that the baby is fed table fixxl which has been cut up or mashed to make it more edible as well as milk in a bottle. This is supplemented with banana water or lemonade. There is no formula for babies and while there is Gerber baby food in Tala, Jesse informs me that it is usually covered with dust. Cloth diapers are used instead of disposable one.s even though the supermarket in Tala has disposables. The disposables are too expensive and are only used on long trips. Outside the family, social control centers around the policia. Jesse says that El Refugio is very peaceful however. Guadalupe when not working in the fields is an assistant policia but does not need a gun. Urinating in public is the most common offense and gets the offender a fine of a I(X) pesos or a night in jail. The policia is probably most busy during the weekend dances. There is only one elected official in El Refugio and that is the Presidente de la Junta, similar to a repre.sentative. This person represents the village when dealing with the federal government, attempting to get funding for local projects. Electric and water bills are paid in Tala and the post office is in Tala also. In Mexico, you must pay not only to send mail but to recieve it a.s well. Religion and superstition are very important in El Refugio. The Catholic church Is slightly smaller than St. Anthony's in Casper and unlike the homes of the village is of brick construction. It is very plain with drapes along the walls, no adornments except for plates of the Ten Commandments along the walls and the crucifix, and no stained glass windows. The bell tower serves as the town clock with the bell being rung every 15 minutes during the daylight hours. Mass is held every Sunday at 6:00 a.m. and everyone in town, with the exception of the few Jehovah Witness who live in the village, is there. The religious calender is filled with Saints' days and individuals with a Saint as a namesake celebrate their birthday on the date of their birth as well a.s on the Saint's day. Besides weddings, the Quineenera is a major celebration which also lakes place in the church. This fifteenth birthday mass is by invitation only and is the coming of age for young boys and girls. The boy coming of age has 12 friends accompanying him with each adorned in tuxedos. Thirteen girls dressed in white, mostly friends and relative, are also part of the ceremony. If it i.s a ceremony for a girl, there are still 13 girls and 13 young boys participating. They participate in mass for the first time as adults and then afterwards hold a celebration feast paid for by the young adult's parents and Godparents. The main course for this celebration is again a roasted pig. In El Refugio, the family works collectively. Guadalupe works in the cane fields cutting cane in December and in the com fields of a local farmer (possibly corporate or national) in the summer. He plants com using a dibble stick and harvests it by hand. These two jobs both pay about 200 pesos a week. This is about the most any laborer makes in El Refugio. Gustavo works at a leather factory in Guadalajara, making about 30 peso.s a week. Part of this money goes to the family. The other children help around the house and in the garden. Only Josephine and Jorge are in school. Jorge is in a free public grade school and Josephine is in secotuJaria school which is not free. Their knowledge of the outside world is limited. What they do know they learn from the evening news and their impression of the United Slates is probably influenced by the movies on video they watch. When Margarita and Jesse visit, they do not have to answer many questions about the United States. Jesse is usually the one filled with questions about the different things that she sees. They seem to live very much in the present. Life insurance is unheard of and they do not have savings accounts. They are thankful they have jobs and a good garden. They work collectively to raise their standard of living but are not concerned with what they don't have. They seem to emphasize “being” as compared to “becoming.” With the exception of Josephine, who is continuing her education and would maybe like to design clothes. 28 �none of lhem have any plans for the future. In El Refugio, the nuclear family is the most important building block of daily life and the village is the second. The family works collectively and, if their standard of living goes up, it is through their collective efforts. They seem to enjoy life and find many reasons to celebrate. Whether it is a birthday (almost everybody has two), a victory on the soccer field, a wedding, or Quincenera, a roasted pig and celebration is the result. The.se celebrations come about by everyone contributing money or food to the event. Every weekend, the men come home and a celebration ensues with food, drink, and dance. Their is both family unity and village unity. El Refugio is truly a refuge of peace in a world which seems filled with turmoil. 29 �When to Leam a Second Language By Shelly Carpenter Course: Foundations of Education Instructor: Charlene Davis Assignment: Do a research paper on an educational topic of your choice. advantage of children over adults in second language acquisition. Methods used by children to learn a second language are numerous and depend on such things as learning style, age, and desire (Ovando and Collier 59). It is commonly accepted that there is a natural language acquisition process that all children go through when learning a language, whether it is their mother longue or not (Ovando and Collier 59. Hatch 952. Robinett and Schachter 316). Children tend to focus on the message, rather than the fomi. when using a new language. This is to be expected, and thus accepted by the There is evidence to indicate that developing proficiency in a second language may be dependant upon the age of the learner. This poses an interesting question for parents who may wish to expose their children to another language during early childhood. Should parents encourage their children to participate in second language courses throughout childhood and adolescence or is it to the benefit of the student to leam a second language as an adult? In this paper I will compare child learners with adult learners of second languages and contrast their methods, abilities, and difficulties, in order to determine if there is an 30 �“blue cat.” The second student then holds up another block and says “red cat.” The first student may then use the color red to name another block. He will make a mental leap and then hold up a block with a dog on it and say “red dog.” This is scaffolding. The ability of a child to learn a second language can be linked to their cognitive level of achievement. The child's rate of acquisition will normally reflect their rate of cognitive growth (Hatch 119-120). For instance, if a child can not understand the definition of “democracy” then they probably won't add that word to their vocabulary. This explains why school age children may learn a second language quicker than preschool age children (Hatch 196). It may appear that children become more proficient in their second language than do adults (Robinett and Schachter 322). Perhaps this is because of their miniature conversations and interactions with adults and their smaller simplified vocabulary with respect to cognitive development (Hatch 192). Children usually master the pronunciation of a new language quite easily (Ovando and Collier 65). Unfortunately, there is the likelihood that unless children are constantly exposed to both their first and second language, balance will not be achieved and in many cases the less dominant language is lost or replaced (Hatch 191). Difficulties can be assessed using error analysis. Errors in speech or comprehension may be the result of cognitive and conceptual development, or the lack thereof. Errors made by children learning a second language are similar to those made in first language acquisition. Additional learning strategies account for some slight differences. This means that most errors are the result of developmental growth and not first language interference (Robinett and Schachter 316-317). However, the results of various studies show that the first language of the student can make a difference in the amount and type of errors made while acquiring a second language (Hatch 103). This implies that some languages are harder to learn than others. Error analysis studies have teacher as part of the natural acquisition process used by children. Correction of the student follows in a discrete manner (Ovando and Collier 60). For instance, a child may say “i eated bananas this morning” to which the adult may respond “You ate bananas this morning? Did you like the bananas?” Terrell's Natural Approach (1981) is the most prominent method to be defined in detail as an approach for use with children This approach is based on a child's natural acquisition process: “As basic interpersonal communicative skills (Cummins' BICS) are developed, cognitiveacademic language proficiency (CALP) is increasingly taught” (Ovando and Collier 77). This type of natural exposure in early childhood, if continued, may lead to a higher proficiency in the language superior to what most can achieve when beginning in adulthood (Hatch 196). Other methods that children use in second language acquisition may include fast mapping, code-switching, and scaffolding. Fast mapping is one way a child may rapidly acquire vocabulary, after one or two exposures, by using information already known to fit the context (Flavelt, Miller, and Miller 301). For example, if there are two books on a table and the child is told “bring me the turquoise book, not the red one, the turquoise one” then the child may infer that since red is a color, and he recognizes the red book, that the other book must be of the color called turquoise. Code-switching, or rule-governed language alternation, may be used by students when they are speaking about different situations simultaneously or to two, or more, people in different contexts (Ovando and Collier 87, Genishi and Dyson 125). When a child asks her mother for help with homework in English, but then next speaks to her father about the evening meal in Spanish, she is using code switching. Scaffolding, building on the vocabulary already learned by using objects that can be talked out with a partner or teacher, is another method commonly used by students (Genishi and Dyson 125). Two students may be playing with blocks. The first student holds up a block with a blue cat on it and says 31 �and Collier 60). Actually adults may move through the initial stages of second language learning faster than children but at some point the child will catch up and surpass the adult in their rate of acquisition (Hatch 196). Adults frequently produce and keep an accent, and normally have moderate problems with pronunciation as a result (Ovando and Collier 65). Adults do not replace their first language with their second, even when the second language becomes the one most often used (Hatch 191). For instance, when an immigrant family from China moves to America, the young children will frequently forget the Chinese language if it is not spoken in the home. However, adults do not forget their first language when they learn a second. Difficulties, represented by error analysis, are not affected by cognitive and conceptual development due to the cognitive maturity of the adult (Robinett and Schachter 316). Errors made by adults while acquiring a second language do not follow the same path as a first language learner's errors but, instead, are similar to errors made by children during second language acquisition (Robinett and Schachter 317). This is because second language learning requires some additional strategies. However, interference from the first language of the adult accounts for as much as 8 to 23 percent of the grammatical errors made in the second language (Ovando and Collier 65). Avoidance behavior, on the part of the adult learner, to reduce the amount of errors has been the subject of research by Howard H. Kleinmann. He names various ways in which the speaker may avoid or simplify certain topics in an attempt to compensate for a lack of vocabulary knowledge or hesitancy in assuming the correct form of a message (Robinett and Schachter 363). By comparing the methods, abilities, and difficulties experienced by children and adults during second language acquisition the advantages and disadvantages of learners can be viewed with regard to age. When the methods of children and adults are contrasted it becomes apparent that the adult is limited by the more rigid instructional shown that 4 to 12 percent of grammatical errors made by children can be traced to their first language (Ovando and Collier 65). The methods that most adults employ in acquiring a second language are dependant on such things as income, need, and resources. It seems apparent that there is a natural order of acquisition for second language learning used by adults, also (Robinett and Schachter 316). Adult learners tend to focus on form and may depend heavily on formal instruction (Ovando and Collier 60). Adults will mentally construct a sentence into proper form before they speak. Many times, if they can’t remember the correct form, they just won't say anything at all. Formal instruction will usually take the syllabus form of structural/ grammatical, situational, or a combination of both, notional-functional (Ovando and Collier 78). Recycling or spiraling, found in the notional functional syllabus, is one way students may return to lower levels of a course to reuse their new information, building increasingly complex conceptions in language (Ovando and Collier 80). For instance, when past or future tenses are added to the vocabulary an instructor may have the students use this new information to rework a previous assignment. Informal language acquisition by adults may be through complete immersion, or by newspaper, television, radio, tapes, and videos. Adult abilities do not reflect cognitive growth since it is assumed that adults have attained cognitive maturity. Adults may easily add the word "democracy” to their vocabulary because the abstract concepts of the definition are understood by the adult. In this context it is then apparent that the rate of acquisition is linked to the linguistic strategies of the learner (Hatch 220). It is usually assumed that adults are not as proficient In their second language when compared to children (Robinett and Schachter 322). Adults may appear less successful in becoming fluent because of the wide range of interactions that they are involved in and the more advanced vwabulary that adults use when speaking to each other (Hatch 192, Ovando 32 �errors made by adults. In addition, adults are hampered by their constant striving for perfection that leads to suppression of language use, and therefore learning. It seems reasonable to conclude from these evaluations that children clearly have an advantage over adults when it comes to second language acquisition. Learning a second language may be more difficult for some than for others. The age of the learner seems to be the main determining factor. I believe that second language courses should be viewed by parents in the same way as music lessons, dance lessons, or sports practices are. A second language is an important asset in today's society and, with respect to the future, a more practical investmemt of time and a talent that all children possess. Looking at it from an adult's perspective. I would rather have learned a second language as a child than to have fumbled through it as I have in adulthood. requirements that stress form over content and their own expectations for perfection. The child may be free of inhibitions and be given more patience by the instructor with regard to form. When the abilities of children and adults are paralleled it seems obvious that children may be hindered by their lower level of cognitive achievement. Adults may actually accumulate vocabulary at a faster rate. Yet children who begin acquisition by way of a natural ongoing process of exposure will achieve long term proficiency surpassing those who begin as adults. It is also apparent that children have fewer problems with the pronunciation of the vocabulary in their new language, whereas adults will frequently develop an accent. After the difficulties are assessed, it is again seen that children are detained by their lack of cognitive maturity. However, grammatical errors by children caused through interference from the first language are noticeably less than the Works Cited Flavell. John H.. Patricia H. Miller, and ScoU A. Miller. Cognitive Development. New Jersey: Simon & Schuster, 1993. GenisJii, Celia, and Aime Haas Dyson, htnguage Asseument in lite Early Yearx. New Jersey: Albeit Publishing Corporation, 1984. Hatch. Evelyn Marcussen. Pxycholiniiuisiics ■ A Second Language Perspective. Massachasetts: Newbury House Publishers, 1983. Ovando. Carlos J., and Virginia P. Collier. Bilingual and ESL Classrooms • Teaching in Mubieullural Contests. New York: McGraw-Hill, Inc., I98S. Robinett, Betty Wallace, and Jacquelyn Schachter, Editors. Second Language Learning ■ Contrastire Analysis, Error Analysis, and Belated Contests. 1983. Michigitn:The University of Michigan, 33 �c < •-:;''.-ibi..i;X5;.-s-s?'>’■.■ ■i. ’ H' r.'S-i • Humans and the Great Apes By Ward Widger Course: Physical Anthropology Instructor: Dr. Barbara Mueller Assignment: Choose a controversial issue in physical anthropology or archaeology and discuss the various theories regarding this topic. very closely related genetically to the two species of African apes and that all three belong in one family (Gibbons/376). No one really contests the fact that humans, chimps and gorillas split from orangutans as long ago as 35 million years; rather the debate is whether chimps and humans split from gorillas first, or whether humans split from chimps and gorillas. The question I have attempted to answer is “Are humans more closely related to chimps or gorillas?” This question must be approached from two areas of inquiry: behavioral and physiological. Do humans behave more like chimps or gorillas, or is human behavior distinct and equidistant from both? Is the human organism more like the Thai apes and humans share a common ancestry is pretty much a given in our present understanding of the evolution of superfamily Hominoidea. What is not so universally agreed upon is the order in which the species of the family Pongidae, the great apes, separated from the family Hominidae, humans of the present and the past. There is a debate going on which began in the early l960'.s about the validity of the conventional taxonomic classification system that puts humans in one family, and chimps, gorillas, and orangutans into a second family. Research begun by Morris Goodman of Wayne State University based on cross reactions between immunologic blood proteins suggested humans are 34 �organism of the gorilla or the chimp, or is it too different from either to make a theoretical comparison? Finally, do the behavioral and genetic approaches agree? As Eugene Linden stales in the National Geographic article, “A Curious Kinship: Apes and Humans,” “Perhaps the first place to look for apes is within ourselves. Little wonder that we feel this sense of recognition. In anatomy and behavior they are our closest relatives (Linden/10). First, then, what are the behavioral similarities and differences between the great apes and humans? Most of the data which provides our store of knowledge concerning the behavior of the great apes comes from the pioneering efforts of three women: Jane Goodall, Dian Fossey, and Birute Galdikas. They were the first to study in detail and document the behavior of chimpanzees, mountain gorillas, and orangutans, respectively. From these studies we know that the orangutan, found only on the islands of Sumatra and Borneo, lives a largely solitary existence, spending most of his lime feeding high In the trees, while both chimps and gorillas live a more social life in small to moderately large groups. The size of the groups is largely limited by the amount of available foods. Humans also live a social life, but due to the increased size of the human brain, which is 2 to 3 times as large as the brain of any of the great apes and more complex, giving us a greater ability to reason and communicate (Linden/27), the size of our groups are not limited so much by the availability of foods. One difference between the chimps and the other great apes is that chimpanzees have been observed using tools, such as termite sticks, and pieces of wood and rocks to crack nuts. Chimps use the termite sticks by poking them into the termite's nest, causing the termites to attack the small slicks in defense of their nests (Goodall/536). This provides the chimps with a tasty snack, and a source of protein. In addition to using termite sticks and nulcracking implements, chimps have been observed in the process of leaching these techniques to their young. In contrast to this, the lowland gorilla, when he wants a snack of termites, has been observed to kick the top off termite rounds. Another difference between the chimpanzee and the other great apes is that chimps hunt together. “The Tai forest chimps also hunt cooperatively. A dominant male often leads a group of males to surround and kill red coIobus monkeys, the hunters then share the meat with the larger group.” (Linden/23). Humans also work cooperatively to obtain food, both by hunting and in agricultural endeavors. In contrast, gorillas, although they live and search for food together, do not seem to cooperate in acquiring their food. Contrary to myth and legend of the gorilla as a fearsome, aggressive beast, the research of the mountain gorillas by Dian Fossey indicates that gorillas are docile creatures, who will vacate a territory rather than fight to defend it. The chimp, however, has been documented to defend territory from encroachment by a neighboring group. Humans, likewise, have a well documented history of territoriality. Although there are many similarities between the behaviors of humans, chimps, and gorillas, from caring for the children of each group for an extended period compared to other species of animals, to a hierarchy of authority in each society, it appears that behaviorally chimps are closer to humans than to apes. This seems especially apparent in the case of the bonobo, or pygmy chimpanzee. This chimp, which has been regarded as a separate species since the 193O’s, has been observed to use sexuality as a means of socialization and reduction of group tensions (Ingmanson/32). This indicates sex serving a more than biological function, which is certainly the case with humans. The second area of inquiry into the similarities and differences between gorillas, chimps, and humans deals with the physiology of the three species. Research has been conducted in several areas to determine whether chimpanzees are more 35 �to bond again. By measuring the readiness with which separated strands from one species attempt to bond with strands from another species, an estimate of the similarity between the two species can be made. Additionally, the affinity between strands can be measured by the amount of heat necessary to break them apart again once they have bonded. The results of DNA hybridization agree with results of other genetic tests. The difference between Old World monkeys and humans is expressed as a difference of 9 units; between orangutans and humans as 4.5; between gorillas and humans as 2.5; and between chimps and humans as 2.4 (Feder/175). In 1984 Charles Sibley and Jon Ahlquist, both then of Yale, published DNA hybridization data which demonstrated that not only are humans closely related to the apes, but additionally that chimps actually have more in common with humans than with gorillas (Gibbons/376). Yet another method of genetic comparison uses mitochondrial DNA: DNA found in organelles outside the nuclei of cells. The mitochondrian is the cytoplasmic organelle that processes energy for the cell, and its DNA includes genes for ribosomes, transfer RNAs, and energy-processing enzymes (Gibbons/376). The mitochondrial DNA is especially suited for research of this type because it accumulates mutations at five to ten times the rate of nuclear DNA, and this rate of mutation is fairly constant. Also the mitochondrial DNA is passed directly from mother to offspring without change. Although both sperm and eggs contain mitochondria, only the egg passes on the mitochondrian (Feder/296). Data from independent research teams in the United States and Japan is consistent with a growing body of results based on nuclear DNA sequences. The data from mitochondrial DNA studies indicates that chimpmnzees have more in conmon with humans than they do with gorillas (Gibbons/376). The evidence is by no means all gathered together at this time. The debate continues about our ancestry and our relationship to the great apes. However, the preponderance of evidence does closely related to humans or to gorillas. These studies in such areas as comparisons of blood proteins, DNA hybridization, and analysis of mitochondrial DNA have generated some interesting data. All of these studies fall under the general heading of “molecular systemnatics,” which is based on the idea that two organisms with similar genes must be closely related evolutionarily (Feder/173). Vincent Sarich and Allan Wilson of the University of California at Berkeley conducted research in the 1960s in which they compared blood proteins of several organisms for the purpose of noting similarities and differences. Blood proteins are large, making them easy to work with, and are composed of amino acids, which are direct products of genetic loci. The degree of similarity between various blood proteins was indicated by an index number, with a protein being compared with itself indicated by a figure of 1 unit, since they are identical. Human blood protein compared with blood protein of a cow yields an index number of 20; with an Old World monkey, an index of 2.38; and with a chimpanzee, 1.17 units (Feder/174). This indicates that humans and chimpanzees are closely related genetically, which likely means that we share a common ancestor, and also that the split between the two species is not too far in the past, evolutionarily speaking. In another study using blood proteins, Morris Goodman of Wayne State University cast a shadow upon the conventional taxonomic classification system which puts humans in one family and chimps and gorillas in a second family. His work, which was based on cross-reactions between immunologic blood proteins, indicated that humans are very closely related to both gorillas and chimpanzees, and that all three belong in one family (Begun/1929). Another method of comparing genetic similarity is DNA hybridization. In this method the strands of the DNA double helix are broken apart by heating. Because the loci of the DNA molecule are paired, the separated strands will try 36 �that humans will evolve in their thinking and attitudes, to the “dignity, equanimity, and aloofness” of the gorillas, to quote John Aspinall, who maintains Howletts, a private zoo outside of Canterbury, England. seem to indicate that, at least physiologically, humans seem to be closer to the chimpanzees than to the gorillas. Behaviorally, humans seem to be closer to chimpanzees than to gorillas, at least in (heir social aspects such as territoriality, and aggression towards outsiders. One can only hope Bibliography Begun, D.R. (1992. Sep(ember 25). Miocene fossil hominidsand the chimp-human clade. Science Vol. 2S7, No. 5078. pp. 1929-33. Feder. K.L., Park, M.A. (1993). Human antiquiiy-An introduclitm to physical anthropology and archaeology. (Second Edition. ) Mountain View: Mayfield Publishing Company. Gibbons, A. (1990. October 19). Our chimp cousins get that much closer. Science Vol. 250, No. 4979. p. 376. Goodall. J. (1986). The chimpanzees of Combe: Patterns of behavior. Cambridge: The Belkamp Press of Harvard University Press. Ingmanson, EJ. & Kano. T. (1993, Nov.-Dec.). Waging peace. International Wildlife, pp. 30-37. Linden, E. (1992, March). A curious kinship; Apes and humans. National Geographic Vol. 181, No. 3. pp. 2-45. Morris, D. The naked ape: A zoologist's study of the human animal. New York: McGraw-Hill Book Company. 37 �Faith, Religion and Spirituality in Children’s Literature By Karla Pellatz Course: Child Psychology Instructor: Dr. Ruth Doyle Assignment: The major assignment for the course is applied research based on one of the seven research designs discussed in class. ABSTRACT Literature written for children over a twenty year period was surveyed for reference to faith, religion, and spirituality. The books surveyed were works of contemporary realistic fiction that received Ncwbery Awards or Honors from 1974 to 1993. The researcher read each book and completed a questionnaire for it, noting its references to and attitudes toward faith, religion, and spirituality. Also noted was the race of the characters involved. This information was compiled and analyzed. Results include the following; a higher percentage of the books written between 1973 and 1982 contained references to religion than books written between 1983 and 1992. Of all the books surveyed, 88% contained some reference to religion, while only 41% contained reference to faith, and 27% contained reference to spirituality. References to religion were .significantly more likely to be negative than were references to faith or spirituality. The researcher also noted possible racial bias in the quantity and quality of references. 38 �literature over a twenty year time period. Introduction Limitations 1. Subjectivity - Determination of attitudes is based on the researcher’s subjective evaluation. 2. Availability of Literature - One book that should have been included in the study was not obtainable within the lime frame of the study. 3. Selection Bias - For purposes of manageability, the study was limited to books that had been awarded Newbery Medals or Honors between 1974 and 1993, and that fell into the classification of contemporary realistic fiction. This intact group is not a random sampling of children's literature published over that time period, nor is it a random sampling of contemporary realistic fiction published over that time period. 4. Mistakes in Classification. The divisions between the genre of contemporary realistic fiction and other genres, such as historical fiction and fantasy, are sometimes vague. Because of this, it is possible that some books were included that should have been excluded or were excluded that should have been included. Literature written for children over a twenty year period was surveyed for reference to faith, religion, and spirituality. The books surveyed were works of contemporary realistic fiction published between 1973 and 1992 that received Newbery Awards or Honors from 1974 to 1993. The researcher read each book and completed a questionnaire for it, noting its references to and attitudes toward faith, religion, and spirituality. Also noted was the race of the characters involved. Statement of the Problem The problem of the research was to study the attitudes toward faith, religion, and spirituality found in children's literature over a twenty year period. Rationale A primary value of children’s literature is that it helps children understand and cope with events occurring in their own lives. Contemporary realistic fiction, as a genre, is especially useful for this because in it the gap between fiction and reality is the narrowest. When children read about characters who experience emotions similar to what they themselves are experiencing, their emotions are validated and become more comprehensible. Children who can identify with characters in books feel less alone in their struggles and reactions. If one accepts the premise that faith, religion, and spirituality are valid resources that children can and do use to help them cope with their problems, then the content of children's literature in this area is significant, as it will either strengthen or weaken, validate or invalidate, a child's use of these resources. Operational Definitions Religion; An organized body of thought expressing belief in and reverence for a supernatural power or powers. Faith: A pattern of personal trust in and loyalty to a religion or other center of value. Spirituality; A sense of belonging to or being a part of something greater than yourself. Children's literature: Literature written for an audience that is 18 years of age or younger. Contemporary Realistic Fiction: Children's literature in which plot, characters, and setting are consistent with the contemporary world. For purposes of this study, the books must be set within the time frame of the last 40 years. Christianity: The religion based on Jesus and his teachings. Incidental Reference to Faith, Religion, or Spirituality: Faith, religion, or spirituality is referred to in the book, but ha.s little or no impact Null Hypothesis There is nothing of significance about attitudes toward faith, religion, and spirituality in children's 39 �on plot or theme. Significant Reference to Faith, Religion, or Spirituality: Faith, religion, or spirituality plays a significant role in the book's plot or theme. The results of the study reject the null hypothesis of the study. Several items of significance were found regarding the attitudes toward faith, religion and spirituality in the sample of current children's literature surveyed. As shown in Table 1, 100% of the surveyed books published between 1973 and 1977 contained some kind of reference to religion, as did the books published between 1978 and 1982. 67% of the books published between 1983 and 1987, and 80% of books published between 1988 and 1992 contained references to religion. Table I also shows that throughout the time period studied, significantly more books contained references to religion than to either faith or spirituality. As shown in Table 2, incidental reference to religion is the most common type of reference, while incidental references to faith and spirituality were found relatively infrequently. Significant references to faith, religion, and spirituality were virtually equal in number. Table 2 also shows that while none of the books depicts a main character's personal faith or spirituality as being a negative force in his or her life, 33% of the books that include significant reference to religion depict the main character's personal religious beliefs as negative or unhelpful. Of that same group of books, 33% also include religious supporting characters who have a negative impact on the main character. Table 3 shows what percentages of the books surveyed deal with While Americans, Black Americans, Native Americans, and people of other races. It also shows how each race is represented in regards to faith, religion, and spirituality. Because some books include people of more than one race, percentages in each column do not necessarily add up to 100%. Table 3 is set up so that comparisons can be made across each row. To the extent that a race is depicted without bias in regard to religion, faith, and spirituality, the percentages should remain consistent across each row. Methods/Procedures Subject The purpose of this study was to gain an overview of the attitudes toward faith, religion, and spirituality portrayed in recent children's literature. For this study, the researcher compiled a list of all books given the Newbery Award or Honor in the years between 1974 and 1993, that fit into the genre “contemporary realistic fiction.” Of the list of thirty qualifying books, the researcher was able to include twenty nine in the study. One book was unobtainable. Instrumentation Appendix A includes a sample of the research instrument used to evaluate each book, as well as the actual raw data gathered. Design The design of the research is primarily descriptive, in that it describes the current attitudes toward faith, religion, and spirituality in the books studied. It is also historical, in that these attitudes are compared over a twenty year time period. Procedure To conduct the research, the researcher read all available books from the study group. One book that should have been included was not available and so was not included. The books were read in a quasi-random order. After each book was read, the researcher filled out the information requested on the research instrument. Once this was completed, the information from the 29 copies of the instrument was compiled and analyzed. Results 40 �Table 4 deals with the types of religious behaviors people of different races are depicted as engaging in. Each "P" indicates an instance of the specific behavior that is perceived in a positive or neutral light by the book’s main character. Each "N" indicates that the behavior was perceived as 5-year period negative by the book's main character. Few behaviors are recorded for Native Americans or other races because the books surveyed only included one about Native Americans and one about Arabs. Incidence of Faith, Religion or Spirituality over Time Table 1 # of books of # of books with # of books with contemporary reference reference realistic fiction ot faith to religion 1973-1977 5 1978-1982 5 1983-1987 9 1988-1992 10 # of books with reference to spirituality 2 (40%) 1 (20%) 4 (44%) 1 (10%) 5 (100%) 5 (100%) 6 (67%) 8 (80%) 1 (20%) 2 (40%) 5 (56%) 4 (40%) Impact of Faith, Religion, and Spirituality Table 2 Incidental Faith Significant Faith Incidental Religion Significant Religion Incidental Spirituality Significant Spirituality Total books (29) 5 (17%) 7 (24%) 18 (67%) 6 (21%) 1 (3%) 7 (24%) Faith, religion, or spiritualty of the main character is a positive or helpful force 1 (20%) 4 (57%) 1 (6%) 2 (33%) 0 6 (86%) Faith, religion, spirituality of the main character is a negative or unhelpful force 0 0 0 2 (33%) 0 0 Supporting character who has faith, religion, or spirituality has a positve impact on main character 2 (40%) 3 (49%) 4 (22%) 3 (50%) 1 (100%) 5 (71%) 0 1 (14%) 1 (6%) 2 (33%) 0 0 Supporting character who has faith, religion, or spirituality has a negative impact on main character 41 �Correlation Between Race and Incidence of Faith, Religion, and Spirituality Table 3 Total books 29 #of books dealing with White Americans Books without Books with Books without reference reference reference Books with reference to Books without reference to faith to faith to religion to religion spirituality spirituality 12 17 24 S 8 21 refererx» to 21 9 12 16 5 6 15 (72%) (75%) (71%) (67%) (100%) (75%) (71%) 0 # of books dealing with Black Americans Books with 9 3 6 9 (31%) (25%) (35%) (38%) 0 # of books dealing with Native Americans « of books dealing with other races 1 1 (3%) (8%) 1 0 1 0 (4%) (3%) 1 1 (6%) (4%) 1 8 (13%) (38%) 1 0 (13%) 0 0 1 (5%) Correlation of Race and Religious Behaviors Table 4 Race of People Engaging in Religious Behavior Type of Behavior Behavior based on religious beliefs Belief in heaven Church Attendance White American Black American PP P N N Native American Other P PPP PPP PPPPPP NNNNNN Feelinq a lack of religion P Feeling angry with God PP P Gospel Music P PP People of religious stature PP PP N Prayer - requests PPPP PP P N Prayer • thanksgiving P P N Reading the Bible PPP ____ NN_____________ — Visiting a holy place P “P‘ indicates the main character has a neutral or postive perception of the behavior or person *N* indicates the main character had a negative perception of the behavior or person 42 P �Other results not included in the tables are the following: Of the 18 books that refer to religion, 16 (88%) refer to Christianity, one (6%) refers to Islam, and one (6%) is unclear as to specific religion. Of the 12 books that refer to faith, faith is placed in Christianity three times (25%) and in self three times (25%). Faith is placed once (8%) in each of the following centers of value: the goodness of humanity: responsibility to care for a weaker person: responsibility to protect an animal from abuse; non-racism; traditional culture; and the ultimate triumph of good over evil. Eight books refer to spirituality. In these, spirituality is depicted in regards to some aspect of nature three times (38%); twice (25%) to the immortality of human beings; and once (13%) to each of the following: God, a make-believe kingdom, and goodness as opposed to evil. evidenced on Tables 2 and 4. 5. Some racial bias, in regard to faith, religion, and spirituality, is evident among the books surveyed. As shown on Table 4, only one third of references to white churches or white Americans attending church are positive, while all references to black churches or Black Americans attending church were positive. In general, religious behaviors of White Americans were more likely to be negatively portrayed than those of Black Americans. Table 5 seems to indicate that White Americans are the most likely of any race to have no religion in their lives. Black Americans are portrayed as having somewhat more religion, but less faith or spirituality than would be statistically expected. These findings could be verified by surveying a statistically valid random sampling of contemporary realistic fiction published during the time period studied. In the researcher’s opinion, the need for such further study is indicated by the result of this research. If such studies were to be Initiated, the researcher also recommends that the research instrument be revised to provide for easier compilation and analysis of the information gathered. Summary and Conclusion The findings of this study are of limited significance because the books surveyed were an intact group. Furthermore, the 29 books surveyed represent the works of only 20 authors. Within these limitations, however, the following conclusions can be drawn: 1. The books surveyed show a slight trend toward more books with no reference to religion. 2. While references to religion are common in the children's books surveyed, religion tends to be treated a.s incidental, having little or no impact on a book's plot or theme. In contrast, references to faith or spirituality are relatively infrequent, but are significant and influential aspects of the books that include them. 3. Christianity is the religion depicted in virtually all the books surveyed. The one book that depicts Islam is set in the Middle East. 4. Faith and spirituality are almost always represented as forces for good in people's lives. Attitudes toward religion, or more specifically Christianity, are far more ambivalent, as Appendix A Title: Research Instrument Author; Year: Religion 1. __ This book contains no reference or only incidental reference to religion. (List any incidental references) 2. __ Thi.s book contains significant reference to religion. (Briefly explain) 3. What religion, if any, is portrayed? Check any that apply: 4. __ The main character has a personal religious belief. 5. __ The main character's religion is a positive/ helpful force. 43 �Spirituality 6. __ The main character's religious belief is a negative/unhelpful force. 7. __ A supporting character who has a personal religious belief has a positive impact on the main character. 8. __ A supporting character who has a personal religious belief has a negative impact on the main character. 17. __ This book contains no reference or only incidental reference to spirituality. (List any incidental references) 18. __ This book contains significant reference to spirituality. (Briefly explain.) 19. __ Describe the "something greater" with which the character connects spiritually. Faith Check any that apply: 20. __ The main character has a personal spirituality. 21. __ The main character’s spirituality is a positive/helpful force. 22. __ The main character's spirituality is a negative/unhelpful force. 23. __ A supporting character who has a personal spirituality has a positive impact on the main character. 24. __ A supporting character who has a personal spirituality has a negative impact on the main character. 9. __ This book contains no reference or only incidental reference to faith. (List any incidental references) 10. __ This book contains significant reference to faith. (Briefly explain.) 11. __ What religion or center of value is this faith based on? Check any that apply: 12. __ The main character has a personal faith. 13. __ The main character's faith is a positive/ helpful force. 14. __ The main character's faith is a negative/ unhelpful force. 15. __ A supporting character who has a personal faith has a positive impact on the main character. 16. __ A supporting character who has a personal faith has a negative impact on the main character. Additional Comments 44 �Separation Agreement By Jenni Watson Course: Family Law Instructor: Mary Kuhichek Assignment: Students were to draft a separation agreement for the law firm's client Wendy Crane. This project would be drafted under the supervision of an attorney. 1. 2. 3. 4. Introduction. Agreement between Wendy Crane residing at 458 West 43rd Street, Casper, and Henry Crane residing at 446 Apt. #4, Casper, dated December 1, 1993, made in Natrona County, State of Wyoming. Date of Marriage. Wendy Crane and Henry Crane were married in the City of Casper, State of Wyoming, on June 6, 1977. Children. There are two (2) children of the marriage; Jennifer Crane, born on February 12, 1986, and Jake Crane bom on November 16, 1989. They are the only issuance of the marriage. Reason for Separation Agreement. The parties 5. 45 are now living apart and because of irreconcilable differences between them intend to continue living apart. It is the Parties’ intention to enter into and abide by this Agreement which determines the financial, property, child custody and visitation rights and obligations, and other rights and obligations, which arise out of their relationship. Parties Represented by Attorneys. Each of the parties has retained counsel. Wendy is represented by Robert Wright, Esq. with offices at 628 E. 2nd, and Henry is represented by Michael Jones, Esq. with i �offices at I9()() S. Jefferson, Casper, WY. The piirlies have been advised of their legal rights and obligations as well as the terms and legal effect of this Agreement by their own counsel. Both parties agree this Agreement is fair, equitable, just, and reasonable and fully accept its terms and conditions. 6. Parties May Live and Work as if They Were Single. The parties shall live separate and apart. Each shall be free from the other’s interferences and control a,s if he or she were single and unmarried. Each may reside where he or she desires. Each may engage in any business, profession, or employment that he or she chooses. 7. Ownership of Real and Personal Property. Each party owns the real and personal property that is now in his or her possession or is in his or her name, regardless of when acquired, free of any claim of the other with the exception of the 1986 Chevrolet which Wendy requests. Any personal belongings or clothing of either party that is in the other’s possession shall be returned as quickly as possible. 8. Payment of and Liability for Debts. Wendy’s debts are listed in schedule “A”. Wendy Crane shall pay these debts. Debts incurred by either of the parties after the date of this Agreement shall not be the other party's responsibility so long as such party complies with the terms and conditions of this Agreement. 9. Mutual Release of Claims Against Each Other. The parties mutually release and discharge each other and each other's heirs, executors, administrators and assigns from any and all causes of action and claims that either now has against the other, by reason of their relationship as husband and wife, or, for any other reason, except for any cause of action or claim arising out of this Agreement or for an absolute divorce. 10. Release of Rights in Each Other’s Estates. Neither party has any right to share in the estate of the other or to be appointed Executor or Administrator of the other’s estate. Thi.s is a mutual waiver of each party's rights to elect to receive his or her statutory share of the other’s estate. 11. Execution of Additional Documents, Each party will sign and deliver to the other any additional writing or document that is necessary to enforce or carry out the purposes of this Agreement. 12. Custody of the Children. Wendy Crane shall have sole custody of Jennifer and Jake Crane during their minority, except as provided elsewhere in this Agreement. 13. Right to Visit Children. Henry may visit Jennifer and Jake subject to the following conditions: a. Visitation will take place at Wendy's residence until January I. 1995. After which date, Henry may take children to his home. Over night visits will not resume until January 1, 1996, or until Jennifer and Jake show considerable interest in staying with Henry overnight. b. Pick Up and Return Children—Regular Meals During Visitation. Upon January 1, 1995, Henry will pick up the children al Wendy’s residence and will provide Jennifer and Jake with regular meals during the visitation. Henry will return the children to wife’s residence upon the completion of visitation. c. Limitation of Visitation. Visitation is limited to days at Wendy’s home until January 1. 1995. Thereafter, visitation will be limited to days at Henry's home. Upon January 1, 1996 visitation will be extended to weekends commencing at 5 p.m. on Friday night and terminating at 5 p.m. on Sunday. d. Each Child to Be Visited at the Same Time. All rights of visitation, including vacation visitation rights, will be exercised with both children at the same time unless unusual circumstances, such as one child’s 46 �illness or absence, intervene. e. Summer and Vacation Visitation Rights. In addition to the other visitation rights. Henry has the right to visit with the children for 4 consecutive weeks during the children's summer vacation beginning after January 1, 1996, provided Henry is also on vacation and provide.s continuous personal supervision of the children. Husband is not to exercise this right unless he gives Wendy reasonable notice and provided it does not interfere with the children’s other activities during this period. f. Non-Interference With Children’s Education and Religious Activities. No visitation is permitted if it will interfere with the children’s education or religious activities or adversely affect the children’s health or general welfare. g. Notification of Illness or Accident. Each party will promptly notify the other of any illness, accident, or other incident affecting one or both of the children. h. Notice of Intent Not to Visit. Henry will notify Wendy If he does not intend to exercise visitation rights or will be late. The purpose of advance notification is to prevent disappointing the children. i. Nothing to Estrange Children. Neither party will do anything to estrange the children from the other party. j. Names of Children. The children are to continue to be known by their present given and family names. k. Right to Visit Confined Child or Children. If a child is confined because of serious illness or injury, the party with whom the child is confined shall allow the other to visit the child at reasonable times. l. Neither Child to Be Removed From the State. Neither child will be taken outside of the State of Wyoming by either party without the other party’s prior written consent. 14. Support and Maintenance of Spouse—Fixed Sum. Henry will pay Wendy for her support and maintenance the sum of $1083.00 each month, starting January 1, 1994, and continuing on the 5th day of each month, thereafter. 15. Limitation of Spouse’s Support and Maintenance Payments. Payments for Wendy Crane's support and maintenance has been set at $12,996.00 for three (3) years, as restitution for staying home with Jake until he enters school full-time and Wendy’s ability to continue her .schooling. 16. Termination of Support and Maintenance Payments. Payments for Wendy Crane’s support and maintenance shall terminate upon the occurrence of any of the following events: a. Death. The death of either Henry or Wendy Crane; b. Remarriage. Wendy Crane's remarriage even if such marriage is annulled or terminated; c. End of Obligation. Third year of obligation is completed, January I. 1998. 17. Child Support. Henry Crane will pay to Wendy Crane in addition to the payments provided for her support and maintenance the sum of $525.00 monthly per child for the support and maintenance of Jennifer and Jake Crane, the issue of this marriage. The payments are to be made the 5th day of each month starting January 5, 1994. Wendy agrees that so long as Henry Crane makes the foregoing payments on a timely basis, he shall be entitled to the income tax exemption for Jennifer and Jake Crane. 18. Children’s Medical and Dental Expenses. The payments by Henry Crane to Wendy Crane for Jennifer and Jake Cranes’ support and maintenance do not include the cost of their medical and dental care. These are Henry’s obligations and Wendy will cause all bills from physicians, dentists and other health care professionals and facilities to be sent to Henry Crane. Henry Crane shall carry any insurance 47 �in only during school vacations or summer recesses. If the full-time employment terminates before Jennifer or Jake Crane reach the age of nineteen (19) years, child support payments resume. 21. Method of Payment of Support and Maintenance. All payment of support and maintenance for Wendy, Jennifer and Jake Crane shall be by cash, money order, bank check, or certified check. When payment is made by mail it shall be posted at least three (3) days prior to the date on which the payment is due, addressed to Wendy Crane, 458 West 43rd, Casper 82609, or such other address as she may advise Henry Crane of, in writing, from time to time. 22. Adequacy of Support and Maintenance Payments. Wendy Crane acknowledges that the support and maintenance payments provided here and those provided for Jennifer and Jake Crane are adequate and in keeping with the living standards maintained by the parties immediately prior to the date of this Agreement. 23. Transfer of Marital Residence to Wife. The parties presently own, in its entirety, the real properly known as 458 West 43rd, town of Casper, stale of Wyoming. Henry will convey his interest to Wendy by quit claim deed simultaneously with the execution of this Agreement. In addition Henry Crane will transfer to Wendy Crane the fixtures, furnishings, and personal property listed on Exhibit “B”, attached to this Agreement and as referred to in Item No. 7 of this Agreement. 24. Maintenance of Life Insurance. Henry Crane will maintain in full force and effect the policies of life insurance insuring his life. Henry Crane will maintain Wendy as beneficiary of these policies so long as he is obligated to make support and maintenance payments to her. Jennifer and Jake will be maintained as contingent beneficiary, or prime beneficiary if Wendy Crane is removed as prime beneficiary, of the policies with necessary to meet these obligations as per Wyoming Statute 20-6-401. Wendy will notify and consult with Henry before Jennifer or Jake Crane enter into elective medical or dental treatment, such as plastic surgery or orthodonture. 19. Costs of Children's Education. The payments by Henry Crane to Wendy Crane for Jennifer and Jake’s support do not include tuition payments to private schools or colleges, universities, professional schools, or trade schools. Tuition payments of this nature shall be made by Henry Crane, provided Wendy Crane consults with Henry Crane before Jennifer or Jake Crane enroll in a school and the parties mutually agree upon the advisability of Jennifer and Jake’s attendance at such schools. 20. Termination of Child Support. Payments for the support of Jennifer and Jake shall terminate upon the occurrence of any of the following events; a. Reaching Majority. Jennifer or Jake reach the age of nineteen (19) years, provided they are not in full-time attendance in a college, graduate school, or professional or trade school; b. Completion of Education. Jennifer and Jake complete their college education including graduate or professional school or complete their trade school course; c. Marriage. Jennifer or Jake marries, even though the marriage is later annulled or terminated; d. Permanent Residence. Jennifer or Jake establishes a permanent residence away from Wendy Crane’s residence, provided the residence was not established to attend school or because of active military service; e. Death. In the event of the death of either Jennifer or Jake Crane or Henry Crane; or f. Full-time Employment. When Jennifer or Jake Crane obtain full-time employment, provided such employment is not engaged 48 �continue in full force and effect. 29. Law Governing Agreement. This Agreement shall be governed and interpreted in accordance with the laws of the State of Wyoming. Wyoming statutes 1977. 30. Entire Understanding. This Agreement constitutes the parties’ entire understanding. They acknowledge that there have been and are no representations, wananties, covenants, or understandings other than those expressly provided in this Agreement. This Agreement is binding upon the parties’ heirs, assigns, executors, and administrators. 31. Filing of Agreement with Public Official. This Agreement or Memorandum of the Agreement may be filed by either party with the Clerk of Court, County of Natrona, State of Wyoming. equal interests so long as Henry Crane is obligated to make payments for her support. Henry Crane will have possession of the policies and will deliver to Wendy Crane proof of timely payment of all premiums when made. Henry Crane represents that he ha.s not pledged, hypothecated, or encumbered any of the policie.s and will do nothing to impair their full value. 25. Income Tax Returns. The parties will sign and file joint federal, state and local income tax returns for the year 1993. Any tax due shall be paid proportionally and any refund shall be divided proportionally. Wendy Crane agrees to hold Henry Crane’s portion of any such refund for him and release it to him upon receipt. Wendy agrees to hold Henry Crane harmless from any losses suffered as a result of additional assessments of tax, fines, or penalties arising out of audits of any income tax return signed jointly by both parties at any time prior to the dale of this Agreement. 26. Right to Sue for Divorce—Incorporation of Separation Agreement in Divorce Decree. Neither party shall be precluded from obtaining a divorce. If a divorce action is brought by either party this Agreement may be offered into evidence and may be incorporated in any decree or judgment. 27. Modification of Agreement—Effective Waiver. This Agreement or any part of it cannot be amended or modified except by an Agreement in writing executed with the same formality as this Agreement. Any waiver by either party of a breach of any provision of this Agreement will not prevent that party from enforcing the provision thereafter. The failure of either party to insist upon the strict performance by the other party will not be construed as a future waiver or relinquishment of any such term or provision. 28. Illegality or Invalidity of Part of Agreement. If any provisions of this Agreement is held to be illegal or invalid, such holding shall not affect the other provisions, all of which shall IN WITNESS WHEREOF, the parties have set their hands and seals this day of , 19_. Wife Husband (Acknowledgment) 49 �Schedule A — Debts Exhibit W.C.D.A. Home Mortgage for 458 West 43rd Street Casper, WY 82601 Amount Due: $70,000 Incurred By: Both Parties To Be Paid By: Wendy Crane I. Real Property Private residence located: 458 West 43rd Street Casper, WY 82601 Mortgage Balance: $70,000 II. Personal Property Upon moving out of the family residence, Henry left the following property for Wendy and the children. The following items shall be considered the personal property of Wendy Crane: Furniture etc.; Discover Card Miscellaneous Merchandise Amount Due: $3,500 Incurred By: Wendy Crane To Be Paid By: Wendy Crane Mr. & Mrs. Johnson Loan from Wendy’s Parents Amount Due: $5,000 Incurred By: Wendy Crane To Be Paid By: Wendy Crane Living Room/Family Room - sofa & (2) chairs, coffee table, (I) end table, (1) free-standing lamp, (1) table lamp, 19” television set, VCR, stereo & speakers, and audio and video tapes. Dining Room - dining room table. (4) chairs, cookware & tableware, and all appliances. ♦♦Wendy’s name shall be taken off any other deeds, titles, credit cards, etc. Bedroom - bed & mattress, (1) chest of drawers, (1) table lamp, clock/radio, jewelry, and throw rug. Children’s Bedroom - (2) twin size beds, (2) chest of drawers, (1) play table, and (1) toy box. Laundry Room - Washer and Dryer. 50 �Research Design By Maureen P. Heim Course: Educational Psychology Instructor: Dr. Ruth Doyle Assignment: This class project is applied research based on one of the seven designs taught in educational psychology. ABSTRACT The researcher observed cartoons airing Saturday mornings and weekday afternoons, and the commercials during those cartoons. While viewing the cartoons and commercials, the researcher documented the violent acts and the values shown in the programs. The researcher found the cartoons to be extremely violent and with minimal values being expressed. However, a few cartoons and most commercials relayed a message of non-violence and morality. A. 1. Introduction This project documents the Saturday morning and weekday afternoon cartoons and the commercials during this time period. The segments of cartoons were timed and each act of violence was documented. The values of each show, if any, were also recorded. Statement of the Problem The problem of the research was to describe the amount of violence and interpret the quality of values found in Saturday morning and weekday afternoon cartoons and in the commercials during their air time. 51 �B. E. Operational Definitions Violent Acts - hitting, kicking, blowing up, shooting, running over, pushing, throwing someone, and degradation (name-calling, yelling at because of failure) Rationale The purpose of this study was to enable the researcher to become more aware of the television cartoons that children are watching. The researcher believes that in order to associate with children one needs to know about their interests (e.g., cartoons). This was an empirical study or a study based on fact. C. Segment - length of cartoon show Values - that which is considered important and worthwhile to an individual or society; if rated "high" in value, it is of great worth and vice versa. Null Hypothesis There is nothing of significance regarding the amount of violence and quality of values in cartoons, or the commercials airing during the showing of cartoons. D. IL Methods & Procedures The researcher recorded Saturday morning and weekday afternoon cartoons and the commercials aired during this time. The networks recorded were FOX, USA, FAM TV, ABC, CBS, and Nickelodeon. The researcher then watched and timed the segments of cartoons. The violent acts were then recorded and described. The values being relayed, if any, were also described. This project was a quantitative naturalistic study. Limitations Observational Bias - The researcher could have different criteria for violence and values than society may have; researcher may be hypersensitive in labeling "violent" scenes. Selection Bias - Since the researcher was only able to view the cartoons which Casper offers, a random sample of shows could not be viewed. III. Results Violence/Values in Cartoons Channel Name of Cartoon length # of acts FOX Mr. Skullhead 3 min ■* Dog bites off head of Mr. Skullhead; dog drags Mr. Skullhead through house; Mr. Skullhead's head falls off; dog buries Mr. Skullhead FOX Batman 30 min 8 Explosion of building; gun/knife fight; thieves throw cement blocks onto Batman; chemical testing on animals; persuasion by scaring people (2); strong, big people are dumb, have a fight to get what they want (2) Violent Activity 52 1 Moral Activity Bad guys get caught (3); college student wants to win game to help parents and put sister through college; being scared is okay as long as you examine why and try to deal with it. �ABC Bugs Bunny & 48 min Tweety Show Bugs Bunny (cont.) 57 Yosemite (Y) shoots a bear rug, inside the house; Y yells at Bugs (B); kicks B; Y tries to kill B by pounding him in his sleep; B pounds Y; Y tries to poison B - “drink that juice before I blow the fur off your hide.”; poison explodes inside Y; dynamite explodes in house Coyote (C) hit in face with flying briefcase; C induced by sleeping gas; C walks off cliff; time bomb explodes next to C; boulder lands on C; machine gun shot at C; car lands on C; car runs over C; cannon ball lands on C; missile hits C Father's head lands on teeter-totter (2); man’s face gets smashed into cement; Sylvester (S) yells at his child; son hits S; S does not believe in son's ability; kangaroo kicks S into wall and throws him into bricks; S flies into bam; dogs attack S Elmer (E) aimlessly shooting (3); okay to be violent if wearing hunting or army hat; Bugs (B) calls E “dogface”; B falls off cliff; both cross road without looking for cars; B gets run over, Tweety (T) and Sylvester (S) break rules and get away with it; S gets pounded into ceiling; deceiving people to get what you want; S goes off ledge of building and comes back on; T and S and dog fight; animal pack runs over man Rooster gets hit by cannon; “Not about to let a woman do a man's job.” Dog pushed down Bugs (B); manners only from “slow” animal; dog gets hit by train; dogs go off cliff and come back to land; dogs fall off cliff; dog cuts Bug's tail off Bulldog hits and kicks cat; no safety used on construction sight; bulldog gets hit by beam; cal gets hit by beam (4) cat gets smashed into magnet 53 Son takes his own initiative to do something when father is loo lazy and apathetic 1 kindness instigates kindness from those who are mean �FAM Popeye 41 min 23 Bluto (B) flies off tractor tossed into bull and help uncle save farm; tree; Popeye (P) throws pumpkins on B's head; kids delegate chores B covers P with soil; explosion tosses B into and do it themselves; air; bull rams B into wall; B cuts P's wagon kids take initiative in wheels; bull rams P into wall; bull throws B helping; spinach into water trough; bails of hay land on B; P makes you strong; gets thrown into gate; P & B fall from roof and cheating does not let tree; P falls down manhole; B falls from you win airplane; B degrades P; P and Olive Oil fall off cliff; Olive beats up B; Popeye flies into locker and wall of books; B gets hit by globe; P flies into basketball hoop and wall; B tosses Olive around; P hits B USA Sonic the Hedgehog 21 min 17 “fool”, “bird legs”, “stupid person”; “juice cm* bad guys do not win and reduce em‘”; violence gets you friends and a girlfriend; failing means death; ‘*ugly sleep”; “where are you? Under a rock shedding your skin?”’ lasers shot at all characters; “pathetic little rodent”; “too stupid, even for you.”; doing acts that benefit self; lasers blast hedgehog (3); electrocution of man; laser rifles shot at characters USA Teenage Mutant Ninja Turtles 47 min 5 security guards shoot at aliens; “fight with honor”; aliens knock over Turtles; laser makes Turtles fly through glass; shock waves knock over group of people 19 min 15 slam.phone on another's hand; lightning gun children can motivate used to destroy town; hit on head with parents to do good telescope for failure; pushing people out of the way; plane using machine guns; car wreck; stray bullets; using blow torch, electrocution, machine guns; character falls from airplane; plane crashes through building; plane crashes into water NICK Talespin educational - Roman artifacts and famous artists and people discussed; “We don't want to hurt anyone.”; reasoning before violence; wishes come true; tricking bad guys into doing go<xi without hurting or using violence, only mind J �9 min II bad table manners; head blows up; slams TV; bed and house falls on character; “I hate my life.”; safe falls on head of character; car falls on character; character gets hit by train and car; characters fall through roof; trails behind fire truck hanging on to hose or ladder; rocket explodes with character on it NICK Goof Troop 16 min 7 Married life - unappreciated wife who is the maid and cook, husband does nothing; plane crash; spider bites character; husband doesn't want to save wife from savages until he remembers she won't be there to cook and clean for him; yelling at each other; attached by swarm of bugs FOX Screwball Squirrel 7 min 5 hitting (2); “screwy”; zapped character with gun; over-exaggeration gets you attention FOX Drooy& Drippie 7 min 7 people have to be beautiful; run over character helmets on bicycles (2); “loaf'; have to change yourself to be liked; mixture of chemicals; explosions FOX Bobby's World 21 min 4 CBS Storybreak 47 min FOX The Terrible 10 min 'Riunderlizards 7 bomb explodes on lizards; man gets smashed into ground (3); “lowlife”; bomb dropped on lizards; volcano explodes with lizards in it FOX Eek 10 min 3 Eek gets hit by bus; sent to hell or “hot spot” by mistake; “bonehead” 9 Bonkers intruding into room; “what a dork”; temper tantrum; selfishness animal protection; you get caught when you lie “sharing is caring and doing for others if a reward"; imagination is good; learned to apologize Don't have to change yourself for people to like you; captioning 55 “never hurts to help”; make a game out of chores; mistakes can be fixed �FOX Tiny Toons 22 min 8 beat up duck; smash duck; hit duck; kickduck; sit on duck; hit duck with frying pan; stretch duck; kid tosses woman overboard FOX Tazmania 21 min 11 FOX X-MEN 21 min duck slammed into wall; instrument falls on vitamins are good for duck; wall falls on duck; blow torch bums you duck; roof blows off house with ducks and Taz boulder falls on allegator; Taz pounds allegaior; Taz gets mouse trap on his tongue;club allegator; allegator hangs upside­ down in tree from rope;allegator hits Taz; Taz clubs allegator seat belts worn; “a fool “kick some butt”; bus crashes into building; and his money are building explodes; jump on character; throw soon parted” character; character slammed into wall; jail break; men slammed into wall; part of wall thrown into people;cannons shot; laser guns shot; character destroys car; several cars thrown at each other; “worthless brother”; character thrown to the ground; character throws boulder on another Vioknce/Values in Commercials Violent Activity Channel During which Cartoon Moral Activity FOX Mr Skullhead Tetris 2 - explosion twists teenager's head around, leaves group naked and burnt, makes two teenagers fly out of house, kills bird, and throws girl into brick wall “And this lime, there’s bombs in iL” FOX Batman same ABC Bugs Bunny commercial with children saying that bus rules are cool ABC Bugs Bunny comercial with children saying that drugs are uncool 56 �FAM Popeye after every portion of this and before commercials. Popeye is telling children:don't smoke, be safe on bicycles, obey rules, have good team sportsmanship and how to make friends character sings all of countries in catchy tune FOX After Bobby’s World After Eek FOX After X-MEN “Be Art Smart” FOX step-siblings can get along The null hypothesis was rejected because differing levels of violence do exist in cartoons on television. Some cartoons are more violent and degrading than others. Some relay essentially no values and no morality in their shows. A few cartoons and the commercials that air during their showing portray non-violence and higher values. IV. Conclusions, Summary & Recommendations While viewing the cartoons and the commercials aired during them, this researcher found that cartoons have many violent scenes in which their characters are never permanently harmed, except the “bad guys” in the newer cartoons. On the other hand, there are a few cartoons which are not as violent and do try to portray a non-violent atmosphere, thus teaching values during their shows. Commercials are portraying positive values by having kids in the commercials advocating non-violence, anti-drug, and following the rules. 57 �Confidentiality: A Client’s Right By R. Allison Hunter Course: Computers in Health Care Instructor: Janice Traylor Assignment: A three to five page library research paper. The focus of the paper is an issue concerning the utilization of computers in health care. The student is required to cite at least three references for the paper. ABSTRACT The ihreat of computers to breach the relationship between health care professionals and their clients is considered. The legal and ethical rights of client confidentiality are discussed.Specitic problems of computer data banks are described, and ways in which these can be overcome are explored. Computers are accepted as an essential part of mixlem health care, but the intimate link between the client and the health care professional must be mainuined by providing adequate protection for confidential data. 58 �greater when computers are used." (Stem & Stem 1983, p.313). Data banks frequently contain information that is maintained for the public good. At limes these data banks may impair the individual’s right to privacy, if not legally then certainly on ethical grounds. Individuals having venereal diseases may have their names and addresses listed in public health department data banks. Confidential records on testing for the HIV virus may be maintained by health clinics and even by insurance carriers." (Anderson 1992, p.l49) Although computers have an increasingly important role in health care it must be borne in mind that "any person who knows an access code can view confidential client information." (Kozier etal. 1989, p,71) How can this vital information remain confidential, yet at the same lime be available for the appropriate staff members involved in caring for the client? "How well these types of records are protected from access and from simple visibility is a reflection on the ability of the health professions to maintain the integrity of the doctor­ patient relationship (Anderson 1992, p. 149). "The methods used to protect [computer] hardware are essentially ... security guards, fire alarms, flood warning systems, and other detection devices." (Stem & Stem 1983, p.393). In addition random inventory audits act as a deterrent to theft. Protection of the software and data presents many complex problems. There are three main areas of concern: the use of a terminal by an unauthorized user, penetration of the main computer center and corruption of the operating system, and misuse of files by an authorized user. Some of the precautions utilized to prevent unauthorized access via a terminal include the use of authorization codes, limitations placed on codes e.g. "read only" capabilities to avoid data corruption, an automatic "log off’ system if an incorrect entry procedure is attempted, and scrambling techniques for transmitted data. (Stem & Stem 1983. p.394) Prevention of unauthorized entry to a computer center involves sign in logs. The establishment of a "therapeutic relationship of freedom, mutual understanding, and mutual responsibility with the client" is essential in the development of trust between the client and health provider (Kozier et al., 1989, p.44). If, however, the client cannot be certain that information he or she reveals will remain confidential then the trusting relationship will fail to evolve and valuable details will not be divulged. Computer data systems threaten to destroy this delicate relationship by causing a breakdown of confidentiality and an invasion of personal privacy. Rittman (1992, p.l4) states that "privacy, which is protected in the United States Constitution as an inalienable right of the individual, is highly valued as essential in preserving human dignity." In order to safeguard privacy, maintain dignity, and avoid embarrassment it is essential that strict confidentiality is observed. According to Kozier et al.(I989, p.7I) "Confidentiality means that information disclosed to a person, e.g. a nurse, will not be disclosed to anyone not directly involved in the client's care. Disclosure of such information is a breach of confidentiality and could lead to legal action." Legislative attempts to safeguard individual privacy and confidentiality include the Privacy Act of 1974 which states that "information stored must have a reasonable purpose and that information collected for one purpose may not be used for any other purpose without the individual's express consent." In addition "The Electronic Communications Privacy Act of 1986 has been set up to prevent illegal interception of data communications. Other laws have also been enacted that protect individuals from third party access to information in data banks without the individual's knowledge." (Anderson 1992, p,148). Both legally and ethically health care woriters are obligated to protect information stored in all data bases from possible infiltration by unauthorized people, but because of the ease of accessibility the risk of illegal access "is far 59 �official badges, terminal keys, guards, alarms, and biometric security such as finger-print and voice identification. (Stem & Stem 1983, p.395) Unauthorized modification of software is a major concern. A computer-wise user may gain access with a legitimate code but then manipulate the operating system to obtain classified material. Unauthorized file access can be prevented by building protection features into the operating system. These devices keep record.s on which users access which files, users who have accessed a file for a time period considered to be excessive, and record and print all invalid attempts to access a file. (Stem & Stem 1983, p.396-7). In addition shredding machines should be used to destroy unneeded printout, and there should be a backup system stored safely and continuously updated to prevent data loss. Medical records contain a vast amount of personal information. The ease of access to this data is frightening and clients need to know that all measures are being implemented to protect their privacy. There can be no return to the chaotic paper mountains; computer data systems are an essential part of the modern health industry. However, safeguarding the client’s rights should take priority, security systems have to be integrated from the initial design stage of the computer system onwards, and the highest legal and ethical standards must be adhered to. Only then can a trusting relationship develop and the client feel able to confide the deeply personal details of physical, emotional, and mental states, which are so vital to the health professional when planning holistic care and treatment. References Anderson. Sandra. (1992). Computer Liuracy for Health Care Pnifessinnala. Albany, NY: Delmar Publishers Inc. Kozier. Barbara. Glenora Erb attd Patricia McKay Bufalino. (1989). Introdui iion to Nurxing. Redwood City. CA: Addison Wesley. Rinntan. Maude R. (1992 Jan/Feb.) Compulerized Databases: Privacy Issues in the Development of the Nursing Minimum Data Set. Computers in Nursing. 10: p. 14-17. Stem, Nartcy and Ruben A. Stem. (1985). Computers in Society. Englewood ClifTs. NJ; Prentice Hall inc. 60 �Oriental Rugs By AnneMarie Shriver Course: Textiles Instructor: June B. Winkel Assignment: Write a research paper on a topic of interest to you discovered during your study of textiles. wanting to have in his palace a reflection of a garden in bloom all the year through (Milhofer I). A good Oriental rug is appreciated today because it is handmade, uses natural materials, and possesses the naive and charming characteristics passed down through the local history and folklore. According to Milhofer the qualities of a rug’s "race" are designated by the following traits: Imagine, if you will, a space filled with flower beds, a pond, luxurious foliage and shrubbery, an occasional Arabian stallion or an elk and a canal surrounding it all. Some would think it an elaborate courtyard of a medieval castle. To a certain degree this is true; but imagine this wondrous garden filling the tent of a sheik or a sultan in the middle of the Gobi desert. Impossible? Not if it is spread out on a grand rug, fulfilling a desire to envision a "beautiful garden in flower in the middle of winter" (Milhofer I) or, as the case may be, in the middle of ihe desert. This is thought to be one of the original purposes for which Ihe "court rug" was created - the monarch 1. Clarity of design. 2. Softened, yet brilliant colors in the motifs. 3. Shimmering, durable, wool. 4. Regular knots. 5. The structure of the fabric. 61 �The most important and enduring factor is the color, which gives the piece added character throughout time, and a certain patina that only comes with age and use. Clues as Io the origin of the piece are noted by the colors and craftsmanship rather than the designs and patterns (Milhofer 5). Until the end of the 19lh century, each region was limited to the vegetable dyestuff available, and to the expertise of an independent artisan, whose work was that of coloring the threads to be used in the rugs. The variations per dye-lot in the rugs could be subtle, and perhaps thought to be defects at first. The actual term for theses color discrepancies is called abrash (Hawley 38). Offering proof positive that the carpet was made with collector demanded vegetable colorants, the diversities only enhanced the work, and in the future would actually increase the value of the piece and help verify its age. The richness of the hues are judged not in the quantity, but in the quality and the composition. The contrast being limited from four to eight colors (Milhofer 26), but enabling the artist to achieve the beauty of nature's palette within the confines of the kilim (woven rug). The actual dyeing process is both a delicate and complicated one. The wool is first treated with a mordant (alum bath), and than submerged in a vat of boiling dye for a time span of a few hours to several days (Summers 24). Upon achievementof the desired color, the threads are put out in the sun to dry. There have been three types of dyes used in making Oriental rugs; natural, mostly vegetable dyes as previously mentioned; aniline, and chrome. The latter two are synthetic. Before the introduction of aniline in 1856, which did not reach the carpet producing areas until the late l880's, only vegetable dyes were used, such as yellow obtained from the pomegranate peel, brown from walnut shells, orange from henna leaves, and purple from hollyhocks, to name a few (Summers Herbert 25). The exception to vegetable sources was the red obtained from the cochineal bug, an insect prevalent in India (Formenton 52). Red was also procured from the root of the madder plant which grows wild in many parts of what was formerly Persia. The fabric is composed of three parts: the warp, the pile, and the weft (Formenton 47). The warp is the combination of threads, usually cotton, that are arranged vertically in parallel lines between the two ends of the loom. The pile is the plush, visible surface of the carpet, made up of short wool threads knotted to the warp. The knots are placed across the width of the carpet in rows. Lastly, the weft consists of one or more cotton threads woven between one row of knots and the next. All of this work is done on looms by hand, creating an extremely time consuming process. The types of looms used may be divided into four categories: horizontal, fixed vertical. Tabriz type vertical (named for the town in Iran in which it was invented), and vertical with roller beam. The actual construction is dependent upon these looms, the patience of the craftsman and a few rudimentary tools (Formenton 47). The fixed vertical loom i,s also called a village or nomadic loom (Denny 14). This consists of a large, rectangular, wooden frame that can be laid flat or propped up with a few stones or by adding a base can be converted into a vertical roller beam loom. The actual weaving is accomplished by two simple devices, the shed stick and the heddle (Denny 15). The shed slick is inserted through the warps, separating them as to alternate warp threads. The fringes of the carpet are the ends of the warp threads (Formenton 57). The weft is meant to hold the knots in parallel lines and to strengthen the fabric of the kilim. The tools used in carpet making consist of a knife, a beater, and shears. The knife is used to cut the threads of the knot. The beater is an implement formed to resemble a set of teeth, used to tighten the threads of the weft against a line of knots. The wide-bladed fiat shears are used to clip the pile of the carpet (Formenton 54, Hawley 48). The actual hand-knotting is the essential characteristic of all Oriental carpels (Forenton 57). There are two different kinds of knots, frequently 62 �central field that i.s divided into twenty-four squares {Formenton 15). The outer band is decorated with a line of horsemen, seven per edge, some riding while others walk beside their mounts. The inside border has a line of six elks on each side. A repeating motif is of a cross similar to that of St. Andrew, which has been found in other more recent Oriental designs. The original colors are hard to detect due to the inevitable fading. Being surrounded by ice in the wooden burial chambers, an incredible fluke of archaeological preservation, is the reason for the outstanding condition of the rug. This artifact was undoubtedly able to fulfill its purpose of providing a sense of beauty and satisfaction to its owner 2400 years ago. Just as rugs done in a similar Oriental style are able to give a tastefully furnished room a feeling of unity that has been passed down through the ages of Hellenism, the Renaissance and baroque periods (Milhofer 2) through today and beyond where it is thought that a great room starts from the ground up! No doubt that an incredible Oriental rug will be the personality of many wonderful rooms, for many generations to come. known as the Turkish and the Persian. In making the Turkish knot, it is brought an)und two adjoining warp threads the ends being drawn out between the two threads, and two ends are brought out on top of the knot. In the Persian knot the wool thread forms a single turn around the warp thread, one comes out at the top and the other from the side. The knotting process is always done at the lower edge with the selvage. The price of a carpet depends upon the time it takes to make, and on the number of knots it contains (Forenton 58). In 1949, on a second excursion into ancient Scythian tombs near Outer Mongolia, Soviet archaeologists found a number of textile specimens. Located in the secondary chamber, along with the remains of horses, they found an extraordinary hand-knotted rug buried with the Scythian kings of the Fourth and Fifth centuries B.C. It is known as the Pazyryk carpet, for the territory in which it was found (Formenton 13, Milhofer 3). The pile was tight and dense, 270 knots per square inch, sheared to less than a quarter inch, and it measured 6'7" X 6‘. It has two principle border bands Hanked by "guards," and a Works Cited Denny, Walter B. Oriental Rugs: The Smilhsitnian llluxiraied Library Aniiciues. United Slates: Smithonsian Institution. 1979. Formenton. Fabio. Oriental Rugs and Carpels. London: The Hamlyn Publishing Group Limited, 1972. Hawley. Walter A. Oriental Rugs: Antique arid Modem. New York: Tudor Publishing Company. 1937. Milhofer, Stefan A. The Colour Treasury ofOriental Rugs.Trms. D.D. Paige. New York: Thomas Y Crowell Company, Inc. 1976. Summers Herbert, Janice. Affordable Oriental Rugs. New York: Macmiltian Publishing. 1980. 63 �c C r<>i. _?<■- -^i^' ■■- >. ' Vsy A" Jij'i.i'.! •■ f i'ta ;*. Trf',. .-? At4«r K€i-. - Ry'.-.-.i; j'idv ••■ .A ■■.■ - • ■■■ '■ •* -• '. Journal Entry By Ben Brooks Course: Ethics Instructor: Dr. Robert Carlson Assignment: This paper is in response to an examination question. The student chose to construct the paper as a mock journal entry. The examination question asks the student to read a narration concerning Oliverotto of Fermo; to assume he meets Oliverotto five hundred years later; then to write an essay to convince Oliverotto that justice is the habit of giving someone his due, that he ought to practice justice willingly, and that justice will lead to happiness. In the essay the student must use certain specified readings and terms. battle of wits seemed the only appropriate means of venting the anger I fell for this man. We agreed upon the terms of this debate and he began. His justification for his actions was simple, “Justice is simply the interest of the stronger. I was stronger and it was in my interest to do what I did; therefore, I acted justly.” His speech was straight forward; however, ethics class prepared me well for my battle of wits. I knew that I must prove to Oliverotto that justice is the habit of giving someone his due, that justice ought to be practiced willingly, and that justice will lead to his Ethics class dampened my spirits today as we learned about Oliverotto of Fermo and about his dastardly deeds. My mind has been continually distracted all day by this man’s deeds. As I thought about this matter, I developed a headache so intense that I had to lie down. Quickly I fell into a deep sleep, whereupon, I raced through lime and space to Fermo over 500 years ago. I was sealed in a liny room across a table from Oliverotto. The instinct of anger seized my body, but I knew well that I needed prudence, temperance, and courage in dealing with this man. In these circumstances, a 64 �because he feels more powerful. The cycle is countinuous and the fight for power will remain forever. To avoid these problems with Oliverotto's definition, I proposed a second definition which is more precise. I proposed that justice is the habit of giving someone his due. In order for Oliverolto to come to terms with me I must explain my terms. I regard habit as a moral virtue in this case. I further regard due as an objective right. A right or due given a person can be either natural or civil. Rights derived from human nature are natural rights and are the objective right or due I spoke of earlier. Rights derived from the government are civil rights. Because natural rights derive from human nature, these rights are objective, universal and absolute, and the government cannot justly deny people these rights. The civil rights are subjective according to culture, but they cannot be denied or implemented justly if a civil right violates a natural right. Thus this definition of justice is universal, objective, and absolute. The definition and what is due are universal in that they apply to all because of human nature, are objective in that they are public because they are evident or demonstrable, and are absolute in that they do not depend on the rulers because they are independent of interpretation. Following this demonstration is that war and evil decrease because the struggle for power decreases. Further evidence of this definition's truth lies in the proof that we ought to be objectively just. Since the statement “we ought to be just” is a prescriptive statement, it Is imperative that I demonstrate Its truth through logic. The first premise supporting this statement is “we ought to desire that which is really good for us." It is appropriate to start understanding this proposition with the term “really good for us.” The first type of goods are real goods or needs. Real gtxxls are goods which perfect or help to perfect some aspect of our nature. Investigation of real goods reveals three categories: secondary, primary and happiness. Secondary go(xls are goods which are happiness. The task before me was neither a simple nor light matter. The object of my first point was to prove that justice is the habit of giving someone his due. In order to do this I first needed to demonstrate that Oliverotto's definition fails, and then prove the objective definition. To demonstrate that Oliverotto's definition Is incorrect I argued from Plato's The Republic. Socrates defeated this definition well in that dialogue. Socrates orders his first argument against Oliverotto’s definition to the “Law of Contradiction.” Socrates makes the point that leaders are not always conect in assessing their own interest; consequently, leaders will thus invariably oppose their own interest at some point in their career as ruler. As Socrates states it: “In that case...is there any escape from the conclusion that the weaker are commanded to do, not what is for their interest, but what is for the injury of the stronger'.^” A second point which Socrates makes is ordered to the term ruler. He points out that the interest of the ruler is the citizen's overall good, just as the d<x:lor's interest is the patient's overall health. Socrates refutes Thrasymachus elegantly, “There is not one in any rule who, in so far as he is a ruler, considers or enjoins what is for his own interest, but always what is for the interest of his subject or suitable to his art.” The final point against Oliverolto deals with characteristics of the definition. From this definition justice is subjective, relative, and particular. Justice would be relative in that it is dependent for Its existence on the ruler, would be particular in that justice's application applies differently to certain groups, and would be subjective in that it is private to that group and is detennined by a vote or culture. If this is true, then the object of justice is to overcome the stronger. The only alternative is to become the most powerful, and inevitably conflicts will ensue. This is exactly what happened in Fermo. Since Oliverotto was unjust in seizing the throne of Fermo, someone will feel it just to seize the throne 65 �good because they are a means to some end. An example is wealth or an operation. The second category is primary goods which are goods that are good because they are ends and they are means to an end. Examples are knowledge and health. Finally, happiness is merely an end for its own sake. The second type of good is apparent goods or wants. These goods are good because as humans we desire them. Apparent goods may be innocuous and not interfere with the acquisition of real goods, or apparent goods may be noxious and interfere with real goods. What i.s really good for us are the real goods and the innocuous apparent goods. This point also sheds light on what it is we ought to desire. The next logical term in the proposition “we ought to desire that which is really good for us” is “to desire.” Desire divides into right and wrong desires. Right desires are desires for real goods or innocuous apparent goods, and wrong desires are desires for noxious apparent goods or real goods placed in the wrong category of real goods. Oliverotto has placed justice in the wrong category because he views justice as merely a means to another end. Oliverotto desires justice because of desire for fame and independence. As the story goes, “His time had chielly been spent in endeavoring to acquire reputation,” but he also wanted power as when he was sent “to learn the art of war and qualify himself for high rank.” The end here is power, which is not in line with the proper definition of justice. This understanding of the proposition “we ought to desire that which is really good for us” proves that the proposition is self-evident. It is impossible to think its opposite “we ought to desire that which is really bad for us.” This statement is therefore false. The next proposition in the argument is that justice is a real good. S(x:rates placed it among the primary real goods because he viewed it as an ends and a means. When Glaucon asked Socrates “I want to know in which of the three classes you would place justice?” Socrates replied, “In the highest class...among those goods which he who would be happy desires both for their own sake and for the sake of their results.” Justice is a means for various reasons. Examples would include liberty and friendship. Neither I nor society could possess liberty or friends without being just. Thus it can be seen that justice is a means, but justice is also an end. Justice is an end becau.se it perfects human nature, either the will or the intellect. Recalling the definition, justice is the habit or moral virtue. This moral virtue is involved In choice by the will; consequently, when humans practice justice, they perfect the soul, which is an end in itself. Thus Oliverotto ought to practice justice willingly because it will perfect his soul and it will be a means to other primary goods. Mortimer Adler argues this point when he slates, “We cannot be temperate without being also courageous and just, courageous without also being just and temperate, or just without also being temperate and courageous.” Unless one is just, one cannot possess the other moral and intellectual virtues. To obtain these virtues Oliverotto ought to practice justice willingly. These virtues are also Important for his happiness. Since justice is a primary real good, justice is important in happiness. This leads to the third point of argument: Justice will lead to happiness. The definition of happiness is possessing ail of the real goods and innocuous apparent goods in their proper order and proportions. The important term in this definition is real good. Since justice is a real good, one will need to be just in order to be happy. Since it is not dependent on any variables. Oliverotto cannot be happy with his unjust deeds, he cannot rely on a subjective definition. More importantly, since he has replaced justice as merely a means to a wrong end, he has taken away any chance at true happiness. His happiness now depends on whether or not he attains power, fame,and Independence, which are not true happiness in and of themselves according to this definition. Happines,s is distinctively different from the common notion of contentment. 66 �Happiness is not a slate of being, rather it is a process. As Mortimer Adler slates it. “Happiness names something desired for its own sake and not for the sake of anything else. It is impossible for anyone to complete the sentence, ‘I want happiness because...” Oliverotto has become a “pathological deviant” by completing that sentence with power and fame. My defense of justice was completed. The points made were simple yet profound. I proved that justice is the habit of giving someone their due. that justice ought to be practiced willingly, and that justice will lead to his happiness. As 1 began my inquiry of Oliverotto's thoughts, my body raced from time and space back to my living room couch. My dog sat next to me gleefully licking my hand. As I thought about the effectiveness of my case, I realized that no matter how effective my speech was Oliverotto would never have listened. The simple reasoning behind my argument was that he was a beast. Unfortunately, beasts often fail to rectify their will much less their intellect. I shrugged my shoulders and went on my merry way, for I knew that more forbearing beasts were ravaging my country side here at home. My value judgement for the day is, “I ought to be taming the beasts here first.” Thus begins my this tedious task on myself. 67 �125 College Drive Casper. Wyoming 62601 Spring 1994 � 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 1994 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. 1994 Description An account of the resource 1994 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_1994 Format The file format, physical medium, or dimensions of the resource PDF