<?xml version="1.0" encoding="UTF-8"?>
<item xmlns="http://omeka.org/schemas/omeka-xml/v5" itemId="8015" public="1" featured="0" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:schemaLocation="http://omeka.org/schemas/omeka-xml/v5 http://omeka.org/schemas/omeka-xml/v5/omeka-xml-5-0.xsd" uri="https://caspercollege.cvlcollections.org/exhibits/show/arts-and-humanities-ir/item/8015?output=omeka-xml" accessDate="2026-04-04T04:14:47+00:00">
  <fileContainer>
    <file fileId="8366">
      <src>https://caspercollege.cvlcollections.org/files/original/85e4028220254a9c7a1f2e8ab4e6d6fb.pdf</src>
      <authentication>03d9f6cb774be8cb310791ad66d0e26e</authentication>
      <elementSetContainer>
        <elementSet elementSetId="4">
          <name>PDF Text</name>
          <description/>
          <elementContainer>
            <element elementId="92">
              <name>Text</name>
              <description/>
              <elementTextContainer>
                <elementText elementTextId="85577">
                  <text>CASPER

XfAffCT CtLUBE
WYOMING

Chkllenee

�Challenge-In every academic discipline, to study, to
think, to express clearly one's knowledge and
understanding in suitable written forms.

I

�Challenge
i X
Published al Casper Community College
Caspe^. Wyxwning 82601
February 1996

Copyright by Casper Community College

2

�Challenge: 1996
Table of Contents
The Puzzle of Altruism

Douglas Milek

5

Antenuptial Agreement

Jo Hadley

11

Addicted to a Dollar

Interoffice Memorandium of Law

Bacterial Organisms

17

Collette Cox

Karen Moenkhaus

Hal H. Hutchinson

Interview with Zbignew Bzdak

28

31

Louie Kistler

Sexuality, Sensuality and Repression Among the Bourgoisie

The Culture of the Student

Age of the Universe

21

Tillie McGee

41

Shawn Houck

Susan Russell

46

Hypotheses on Infanticidal Behavior in Animals
Motion for Third Party Complaint

Symmetry and M.C. Escher

Jessica Clifford

Jo Hadley

Sara Lilley

Nursing Care: Opportunities and Trends

Computer Assisted Instruction

34

Beverly Czerniak

Tamiko Matney

Cover design executed by Eric Valdez
3

51
bl
60

63
66

�Introduction
Casper College is pleased to present the ninth issue of Challenge, a magazine to honor
excellence. As a display medium for academic endeavor. Challenge solicits superior
examples of student writing from all college disciplines; our purpose is 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 serves 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 1995 and fall 1995.

Arlene Larson, editor
Casper College
Casper, Wyoming
Spring, 1996

4

�The Puzzle of Altruism
By Douglas Milek
Course: Animal Behavior
Instructor: Dr. Will Robinson
Assignment: Students were assigned a term paper on any aspect of animal behavior. They
were encouraged to select an interesting behavior and discuss whether it was clearly adaptive or
advantageous to the animal, and to discuss its possible evolution. ( This is a university course, but
the student is a CC student.)

Every so often a large piece is brought out that
seems to describe the natural world quite well.
Natural selection. In its context in the theory of
evolution. Is such a piece. Darwin looked al the
diversity in the organic world, and questioned the
possible processes that could lead to such variation
among individuals. He proposed that in the struggle
to survive, each individual would succeed by the
viable variations it possessed. "Variations, however
slight and from whatever cause prtKeeding, if they be
in any degree profitable to the individuals of a
species, in their infinitely complex relations to other
organic beings and to their physical conditions of life,
will tend to the preservation of such individuals, and

So act that (he rule on which thou actesl would
admit of being adopted as a law by all rational
beings.
Immanuel Kant

Introduction
Science is an art of discovery and explanation, a
system of supposed objectivity and precision that
seeks to uncover the truth resting beneath the veils of
the mysterious. The more science discovers, the more
categories and labels are proposed, and the more
pigeon-holes created. But how else could it be done?
Understanding everything would be to see the puzzle
completed, and as more information becomes
available each piece will be placed where it best tits.
5

�The above definition of altruism appeared as the
introductory statement of Robert L. Trivers article,
“The Evolution of Reciprocal Altruism” (1971). This
definition looks at altruism in its truest sense, where
the behavior is directed toward individuals who are
not closely related. However, it seems that such
behavior may actually entail rewards to the altruist
that would not be expected by witnessing only the
apparent detriment. This aspect of altruistic behavior
is called reciprocal altruism. The major premise of
reciprocal altruism is "that under certain conditions
natural selection favors these altruistic behaviors
because in the long run they benefit the organism
performing them" (Trivers 1971).
Nowhere in the scope of altruistic behavior is
Immanuel Kant's statement concerning his
philosophy of categorical imperatives more
applicable. For reciprocal altruism to endure in a
population, all individuals must react altruistically
toward one another, and each recipient of ar. altruistic
act must 'return the favor'.
Those that do not reciprocate are 'cheaters'
(Trivers, 1971 ). One would initially assume that
these 'cheaters’ would benefit by not performing any
act detrimental to themselves, while still reaping the
rewards of having others act altruistically toward
them. However, we can observe the alarm calling in
the Belding ground squirrels and see that this is not
the case.
Each Belding ground squirrel assumes the role of
the alarmist if it sees a predator in the vicinity.
However, if one chooses not to alarm the others, it is
falling to reciprocate the behavior. The silent ground
squirrel may likely escape this incident, but certainly
other similar ones will follow where he may not be
the first to detect a predator. In such a case, if an alarm
is not given, he may suffer by not having ample lime
to escape the predator. It can be seen then that if each
individual 'expects' a net reproductive benefit, each
member must cooperate and reciprocate the behavior.
Trivers believes that under certain conditions this
'cheating' will eventually be selected against, and
prove unadaptive.
Why not cheat?...Selection will discriminate
against the cheater if cheating has later adverse
affects on his life which outweigh the benefit of

will generally be inherited by the offspring" (Darwin.
1859). Following Darwin's logic of natural selection,
most scientists view the behaviors and adaptations of
organisms in such a light; each individual struggling
for its own existence. In other words, natural selection
works on individuals.

The Puzzle of Altruism
There are behaviors, however, where it appears
that animals are sacrificing themselves, and thus their
role in this struggle, to benefit others. For example,
honeybees that sting intruders are sure to die because
of a barbed stinger that pulls out the poison saccontaining viscera when the barb hooks into the skin
of a vertebrate. Such behavior is called altruism. The
fundamental question that must be addressed when
exploring the nature of altruistic behavior is: Why, if
natural selection resides at the level of the individual,
would any organism sacrifice its own fitness to
benefit another?
"Altruistic behavior can be defined as behavior
that benefits another organism, not closely related,
while being apparently detrimental to the organism
performing the behavior, benefit and detriment being
defined in terms of contribution to Inclusive fitness"
(Trivers, 1971 ). Besides the honeybees, altruism can
be seen in alarm callers like the Belding ground
squirrel (Alcock, 1993), and in humans where
perhaps a man jumps Into a freezing river to rescue a
drowning child.
Although such examples may initially appear to be
altruistic, research has shown that such behavior may
not alway.s be so detrimental to the altruist. For
example, in a community of Belding ground
squirrels, an individual will let out an alarm call when
it sees a predatory hawk. The individual calls while it
is running for cover. The response of the other ground
squirrels to the call i.s to also run for cover. The hawk
is then confused by all of these running rodents, and
may be less able to single out one to attack. Therefore,
the alarm caller Is benefiting along with the rest of the
community, and is apparently not inflicting any sort
of detriment on itself. In contrast, squirrels that do not
call and attempt to escape are likely to make
themselves more obvious to the hawk by their
movement.

6

�two individuals who risk their lives to save each
other will be selected over those who face
drowning on their own (Tri vers, 1971).
Although it would be hard to imagine the entire
population drowning at one time or another and being
saved by each other, this instance of reciprocal
altruism and its implications conjures up some
interesting questions about society. The continuation
of a trait is often explored al a genetic level as Trivers'
work demonstrates, but I would like to briefly l(X)k at
the social influences toward the perpetuation of such
a behavior as altruism.
1 believe that in humans there is little conscious
recognition of personal genetic survival in relation to
altruistic deeds. As humans, we may award the hero
with a plaque, or a parade down Main Street if he has
survived his ordeal. We regard heroes with admiration
because they have done something extraordinary.
They have transcended the primary concerns for
themselves, and manifested through action their
allegiance to a higher purpose. We revere this because
it represents an action that originates on (he outer
limits of humanity's 'good' side. The potential is
recognized, but few of us go there.
In his book. The Power of Myth, Joseph Campbell
(1988) explains that "If you realize what the real
problem is—losing yourself, giving yourself to some
higher end, or to another-you realize that this itself is
the ultimate trial. When we quit thinking about
ourselves and our own self-preservation, we undergo
a truly heroic transformation of consciousness...The
moral objective is that of saving people, or saving a
person, or supporting an idea. The hero sacrifices
himself for somelhing-lhafs the morality of it". Truly
that is the morality of altruistic behavior in humansthat we have the intrinsic ability to go beyond the
sphere of our own existence, and sacrifice ourselves
to others, or to our ideals.
This idea of humankind's morality is where we see
a profound separation between our altruistic behavior
and that demonstrated by other members of the
animal kingdom. Because of our strong dependence
on a social network, heroes are going to be rewarded
for their attention to the good of society, or other
members of it, over themselves.
I believe that our struggle for existence is based on

not reciprocating. This may happen if the
altruist
responds to the cheating by
curtailing all future possible altruistic gestures
to this individual. Assuming that the benel'its of
these lost altruistic acts outweigh the costs
involved in reciprocating, the cheater will be
selected against relative to individuals who.
because neither cheats, exchange many
altruistic acts...In short, he can switch friends
(Trivers 1971 ).

Human Altruism
The scope of altruistic behavior is perhaps more
extensive in human beings than any other animal. As
E.O. Wilson states, "conscious altruism is a
transcendental quality that distinguishes human
beings from animals" (Wilson, 1978). Building on the
apparent distinguishing element of increased
consciousness, the vast scope of human altruism may
also be attributed ironically to the struggle between
our intrinsic social nature and our perennial attempts
to promote ourselves as individuals. Unlike the
eusocial insects that will be discussed later, humans
are typically unable to serve the 'greater good’ of
society without some tangible reward or recognition.
However, we are able to conform somewhat to a
social contract within our own cultures that enables a
degree of cooperation.
One common example of reciprocal altruism in
human.s is the rescue of a drowning man by another.
Certain assumptions must be made concerning the
fitness and survival of each individual relating to
whether the drowning man is helped or ncX:
(A)ssume that the energy costs involved in
rescuing are trivial compared to the survival
probabilities. Were this an isolated event, it is
clear that the rescuer should not bother to save
the drowning man. But if the drowning man
reciprocates at some future time, and if the
survival chances are then exactly reversed, it
will have been to the benefit of each participant
to have risked his life for the other. Each
participant will have traded a one-half chance
of dying for about a one-tenth chance. If we
assume that the entire population is sooner or
later exposed to the same risk of drowning, the

7

�the fear of losing consciousness. As a species we have
invented countless numbers of religions that assure us
of life after death. This is a strategy to comfort
ourselves with (he thought that consciousness will
never be extinguished. And while absolute faith
paints wonderful images of heaven and hell, death is
still the most frightening of human endeavors. A.s
expressed by Dylan Thomas to his dying father,
"Rage, rage against the dying of the light".
1 would recognize at least three influential factors
determining the nature and frequency of altruistic
behavior in humans which are adaptations to those
proposed by Trivers (i.e. when there are many
altruistic events in a lifetime, when an altruist
repeatedly interacts with a small group of people, and
that altruists are exposed to each other each benefiting
equally at some point in their lives). My factors are as
follows:
1. The nature of the relationship between the
altruist and the beneficiary. Most of our lives are
comprised of shared experiences with other people.
Consequently strong bonds are formed with certain
individuals. As a result, there is increased concern for
the well-being of that person because harm done to
them also affects those that are close to them.
Therefore, the likelihood of acting altruistically
toward another of close relation, whether a blood
relative or close friend, is increased with the intimacy
of the relationship. Extreme examples of this are
demonstrated in war where individuals literally
sacrifice themselves by covering grenades in order to
save their comrades (Wilson, 1978). I would make the
assertion that the frequency of such acts can be
attributed to the closeness of relationships formed on
the battlefield under such conditions of war. This
example leads to the second influencing factor of
altruistic behavior.
2. Previous experiences or exposure to forms of
altruism. This factor is concerned with whether
someone has acted altruistically toward you, or
whether you have witnessed altruistic behavior in
others (especially someone admired). People who
rescue others from fires, automobile accidents, or
drowning are all taking a potential risk of banning
themselves in an attempt to help someone else’s
chance of survival. Frequent and prevalent examples

of such behavior are more likely to produce similar
behavior. Conversely, if people are not exposed to
altruism and instead are surrounded by selfish
behavior, they will be less likely to act altruistically.
3. An increasing density of individuals in an area
leads to less frequent displays of altruism. As an
example of this. I turn to a psychological phrase —
"diffusion of responsibility". Diffusion of
responsibility is simply the decreased chance that an
individual will offer help as the number of people
present increases. For example, a stranded motorist
may be more likely to receive help from a passerby on
a nearly deserted dirt road than he or she would on a
crowded highway. It is assumed that this behavior
occurs because when only one person is present at the
scene of such a situation there is no confusion as to
who should act. On the other hand, with many people
present, the responsibility 'diffuses' into the crowd
(Dares, 1975). Three notable instances of diffusion of
responsibility appear below:
Kitty Genovese was raped, stabbed, and beaten to
death over the course of a half hour at 3 a.m. in Kew
Gardens in New York City. Her attack and death was
watched by 38 of her neighbors, looking from their
apartment windows. No one helped or even called the
police.
A I7-year-oId boy was slabbed in a Manhattan
subway in the presence of 11 other riders. The
attackers left unharmed, and the boy bled to death. No
one helped.
An Atlanta, Georgia, engineer was accosted by a
pickpocket while waiting for a bus in plain daylight,
in the presence of al least 10 other people. He grabbed
back his wallet, and the pickpocket stabbed him. No
one helped. The man finally got on a bus and went to
the hospital by himself (Davis, 1978).
Other researchers besides Trivers, such as William
D. Hamilton, have proposed models that attempt with
excruciating detail to explain the adaptive benefits
gained by acting altruistically. As 1 have mentioned,
the tendency to act altruistically toward close
relations is very prevalent. Hamilton (1964) proposed
a model to explain how altruism could spread through
a population. In his introductory paragraph, he wrote,
"If natural selection followed the classical models
exclusively, species would not show any behavior

8

�more positively social than the coming together of the
sexes and parental care." Hamilton knew, as his
passage implies, that animals demonstrate behaviors
that seem contradictory to the general premise that
natural selection operates at the level of the
individual. These behaviors apparently entail
lessening or destroying one's own fitness to benefit
another's.
Hamilton's (1964) primary question, then, was if
the altruist's genes are not passed on to the next
generation, how can the altruistic allele persist in a
population? To answer this question, he devised a
model that would measure an individual's "inclusive
fitness". He focused on an individual's tendency
toward kin selection, and how this preference to act
altruistically toward members of one's immediate
family enhanced that individual's indirect fitness.
Before proceeding further it is necessary to offer
brief explanations of kin selection and fitness. First,
kin selection refers to the "evolutionary effects of aid
given to both descendant kin (offspring) and
nondescendant kin (relatives other than offspring)"
(Alcock, 1993). Direct fitness is simply the genes that
are passed on to offspring by direct reproduction by
an individual. Indirect fitness, which Hamilton
championed, deals with the genes that are passed on
to nondescendent offspring as a result of helping a
relative reach reproduclivity.
The importance of indirect fitness and kin
selection is paramount in explaining the continuation
of the altruistic trait in a species. Hamilton (1964)
found that an organism acting altruistically toward
close relatives would not sacrifice its fitness because
of the genetic relatedness exhibited between the
altruist and its relatives. For example, the genetic
relatedness between two siblings is 0.5 because each
offspring shares on the average 50 percent of its
genotype with the other. Similarly, each parent of
these offspring will also have a 0.5 relatedness with
those offspring because they share half of their genes
with them. An aunt or uncle will have a genetic
relatedness of .25 with a niece or nephew (Alcock,
1993). As the relationships become more distant from
the immediate family, the level of relatedness drops.
Given that humans have lived in large extended
families for most of our evolution, kin selection might

be offered as an alternate explanation for altruism in
human cultures. By spending so much of our
evolution in cultures of cooperative existence, we are
likely to still act in ways that benellt the tribe, and
therefore ultimately ourselves. It is still In the interest
of the altruist that the tribe should not suffer, because
in the tribe, family members exist. And as seen in kin
selection, the altruist's genes may be passed on
through the reproduction of relatives.

Haplodiploidy
The final, and possibly most Interesting, example
of altruism is found In the eustx:ial (caste-containing)
insects (I.e., bees, termites, wasps, etc.). Various
authorities believe that altruism in eusocial insects
evolved a.s a consequence of haplodiploidy.
Haplodiploidy Is a sex-determination system
particular to hymenopierans —the ants, bees, and
wasps (Wilson, 1975). Males develop from
unfertilized eggs and remain haploid, while females
are fertilized and thus become diploid. This unique
system results in sisters that share 0.75 of their
genotype with one another. The sisters' genetic
relationship is higher than that shared with their
mother (0.5), and significantly higher than with their
brothers (0.25).
How would the high degree of relatednes.s
amongst sisters (0.75) affect tendencies toward
altruistic behavior? Because sisters are so closely
related, "A gene for altruism toward sisters will be
propagated faster than a gene for altruism towards
offspring. This will be true if the female's help
increases the number of new queens her mother
makes by at least two thirds the number of fertile
offspring the worker could have produced herself"
(Burk and Grief, 1984). Sisters' indirect fitness would
thus be greater by helping their sisters' with
reproductive and brooding responsibilities, than if
they were to disperse and attempt to establish their
own colonies.
Termites also exhibit strong sociality, but are not
hapkxliploid. Besides the Hymenoplera, the termites
are the only other arthropods to have true sociality
(Wilson, 1975). The termites are an example of social
behavior similar to that of the Hymenopierans
without being haplodiploid.
9

�humans. But even when looking at altruism in
humans, it is difficult to understand.
Organisms evolve for one great purpose—the
passing of genes to offspring. Behaviors are adapted
for efficiency. Altruism seems to be the opposite of
everything an Individual might do to ensure the
survival of its genes. Yet, when we look closer,
altruism is not so selfless. As seen in kin selection and
haplodiploidy, the individual is benefiting itself in the
long run even though its behavior appears to be
detrimental. The indirect propagation of genes can be
a.s effective as direct reproduction (as seen in the
Hymenopterans). Altruism may simply be an
advantageous behavior when organism.s ‘choose’ to
follow this path of indirect reproduction.

Haplodiploidy, then, is looked at as a clue to the
evolution of higher social evolution, but it is not
necessary for true altruistic behavior in the eusocial
insects.

Conclusion
Altruism is certainly a complex behavior, one that
leads the observer into making many assumptions. It
is difficult to dismiss the notion of implying group
selection as an explanation for altruism; it would be
the obvious and simple answer. However, natural
selection shows us that genes are passed on by the
individual and not the group. I suppose it is a
tendency of humans to anthropomorphisize this
behavior, and propose that other animals understand
their behavior and are acting on the same premise as

Works Cited
AlciKk. J. 199,3. The Ecology of Social Behavior. In.: Animal Bfhtn ior. Sinauer A&amp;sociates. Inc. Sunderland. Mass., p. 501-535.

Burk, T. and J.W. Grier. 1992. Behavior in Social Groups. In; Binhigy

Animat Behavior. Wm. C. Brown Publishers. Dubuque. Iowa. p. 449-

487.

Campbell, f. 1988. Ute Pnwernf Myth. Isled. Bantam Doubleday Dell Publishing Group, Inc.. New York. N.Y.. 293 p.
Darwin. C. 1859. The Origin of Spedex. Mentor. New York. N.Y., p. 495.

Daves, W.R 1975. Social Psychology. In.- 4 Texthimk of General PxytMagy. Thomas Y. Crowell Company. New York. N. Y.. p. 566-602.

Hamilton. W.D. 1964. The Ev/tluliim ofAltruiiiii Behavior American Naturalist 97; 357-356.
Mathews, R.W. and J.R. Mathews. 1978. Iiiiet i Behavior. 1st ed. John Wiley and Sons, New York. N.Y.. 507 p.

Trivers, R.L. 1971. The Eoluikxt of Reciprocal Altruism. Quarterly Review of Biology 46: 35-57.
Wilson, E.O. 1975. Sm inhialagy. 7th cd. Harvard University Press. Cambridge. Mass.. 697 p.
Wilson, EO. 1978. Oti Hiiiium Nature. 2nd cd. Harvard University Press. Cambridge. Mass.. 260 p.

10

�Antenuptial Agreement
By Jo Hadley
Course: Family Law
Instructor: H. Steven Brown
Assignment: Draft an antenuptial agreement between Jeff Brown and Patty Kent. Ms. Kent
has considerable real property assets and Mr. Brown is divorced with children from a prior
marriage for whom he is financially responsible.

provide to the other or for the benefit of the other are
fully compensated by this agreement.

Antenuptial Agreement

I. Recitals
This Antenuptial Agreement is made this___ day
of October. 1995 between Jeff Brown, residing at
4508 So. Canyon Drive, Casper, Natrona County,
Wyoming, and Patty Kent, residing at 1355 Laurel
Street, Casper, Natrona County, Wyoming in
contemplation of their proposed marriage. The
consideration for this Agreement consists of the
contemplated marriage of the parties and the
promises of each party to act as the companion and
homemaker to the other. Furthermore, the parties
agree that any services which either party may

II. Effective Date
This Agreement shall be effective a.s of the___
day of__ , 1995 and shall continue until either the
dissolution of the marriage of the parties or the death
of either party.

III. Intent of the Parties
Jeff Brown and Pally Kent have the intent and
desire to define and set forth the respective rights of
each in the property of the other after their marriage.
11

�The parties intend and desire that all property owned
respectively by each of them at the time of their
marriage and all property that may be acquired by
each of them from any source during their marriage
shall be respectively their separate property, except as
otherwise provided in this Agreement.

Kent by her grandmother. These accounts and
properties are the sole and separate properties of Patty
Kent.
It I.S understood and agreed by the parties that all
of the property and property rights that each of the
parties now has, or which each may hereafter acquire,
shall pass to the heirs at law, devisees or legatees of
the parties in precisely the same manner and with the
same effect as though a marriage was not
consummated between the parties.
Jeff Brown and Patty Kent shall make a will to
give, bequeath, devise, dispose or grant any or all of
the separate property each now holds or will acquire
hereafter. At the time of death of either party, his or
her properties, money or credits shall pass to his or
her heirs as designated in his or her will.
Jeff Brown shall not claim any part of the estate of
Patty Kent except that share granted by will in full, in
lieu of any marital property rights which Jeff Brown
might otherwise be entitled to. Patty Kent shall not
claim any part of the estate of Jeff Brown except that
share granted by will in full, in lieu of any marital
property rights which Patty Kent might otherwise be
entitled to.

IV. Disclosure
JetT Brown and Patty Kent have each made a full
disclosure to the other of all of his or her property and
assets. This Agreement is entered into with a full
knowledge on the part of Jeff Brown and Patty Kent
regarding the extent and value of the e.state of each
other, and of all the rights conferred by law on each in
the e.state of the other by virtue of such proposed
marriage.
Jeff Brown estimates his net worth to be
approximately $292,103.00 -- See Exhibit A,
Financial Disclosure Sheet, which is attached hereto
and incorporated by reference. Jeff Brown's gross
income from all sources in 1994 was $50,000,(X). He
anticipates that his net worth and gross income will
increa.se in future years. Patty Kent estimates her net
worth to be approximately $1,335,515.00 -- See
Exhibit B, Financial Di.sclosure Sheet, which is
attached hereto and incorporated by reference. Patty
Kent's gross income from all sources in 1994 wa.s
$40.000.(X). She anticipates her net worth and gross
income will increase In future years.

VI. Life Insurance
Jeff Brown currently maintains a life insurance
policy on his life in the amount of $125,000.00. His
children from a previous marriage are the
beneficiaries for this policy. Jeff Brown will obtain an
additional life insurance p&gt;olicy on his life for
$250.(XX).00. Patty Kent will be named the full
benePiciary of additional life insurance policy to
receive the full amount of the policy benefits. Patty
Kent accepts the benefits provided herein in full
satisfaction of any marital property rights.
Patty Kent currently maintains a life insurance
policy on her life in the amount of $125,000.00. Her
children from a previous marriage are the
beneficiaries for this policy. Patty Kent will obtain an
additional life Insurance policy on her life for
$250,(XX).00. Jeff Brown will be named the full
beneficiary of the additional life insurance policy to
receive the full amount of the policy benefits. Jeff

V. Waiver and Release of Marital
Property Rights
Each of the parties to this Antenuptial Agreement
agrees to waive all and every right that he or she
might have or acquire by law by the marriage in any
and all property of every kind and character, real,
personal or mixed, now owned or which may
hereafter be acquired by the other party.
Specifically Jeff Brown waives all and every right
he might have or acquire by law in marriage to the
Andrew Carrol trust account of which Patty Kent is
the sole beneficiary. Additionally. Jeff Brown waives
all and every right he might have or acquire by law in
marriage to the real property bequeathed to Patty

12

�Pfpwn ^ppph fhp benefiis provided herein in fnll
satisfaction of any marital property rights.

VIL Community Property
If at any time during the marital relationship the
parties become residents of a state under the laws of
which husband and wife acquire property interests
commonly known as community property, or any
other properly and interests different from the
property interests of husband and wife under the laws
of the Stale of Wyoming, their property interests shall
nevertheless remain the same as they would have
been under the terms of this agreement construed in
accordance with the laws of the. Stale of Wyoming.
The parties shall each, at any time during or after the
termination of the marital relationship, execute and
deliver any and all deeds and other instruments
desirable or necessary lo transfer any right, title, or
interest in any property or estate of the other which
they may acquire by virtue of any so-called
community property laws to the persons who would
otherwise be entitled thereto by virtue of this
agreement.

VIII. Joint and Common Expenses
While Jeff Brown and Patty Kent are living
together as husband and wife and while there is no
complaint for divorce or for legal separation on file
by either of them, all general living expenses and
ordinary needs for the maintenance of their household
shall be shared equally and paid from their separate
properly.
The parlies agree that Jeff Brown shall pay fifty
percent (50%) and Patty Kent shall pay fifty percent
(50%) of their living expenses while they are living
together. Jeff Brown shall deposit $ 1,500.00 monthly
and Patty Kent shall deposit $1,500 monthly into a
joint checking account on which either party may
draw. Any property purchased from such account and
any balance in this account shall be owned in the
same percentages as contributions to the account.
The parties contemplate that they will reside in the
home now owned by Pally Kent as her separate
property and specifically agree that payments on any

mortgage for such residence made from joint funds
while the parties reside in that home shall be in lieu ot
rent and shall not give rise to a joint interest in the
home or the land on which the home is located.

IX. Responsibility for Debts
Jeff Brown's spousal support obligations to Anita
Brown (his ex-wife) will be paid from his separate
property and will remain his separate obligation. Jeft
Brown's child support obligations to his children will
be paid from his separate properly and will remain his
separate obligation. Jeff Brown's obligation to
provide for the college education of his daughters
shall be paid from his separate property and will
remain his separate obligation.
Any debts, obligations, or mortgages owed by
either party at the date of their proposed marriage
shall remain the sole and separate debt, obligation or
mortgage of the party incurring the obligation.
Jeff Brown and Patty Kent agree lo hold each other
free and harmless and lo indemnify each other for any
obligation incurred prior to this Agreement in the
event either of them is forced to pay that obligation
and/or incur legal fees or costs in defending a lawsuit
on that obligation.

X. Tax Returns and Tax Refunds
Any lax refund arising out of joint federal and stale
declarations of estimated lax and lax returns that Jeff
Brown and Patty Kent file under this Agreement shall
after the reimbursement for tax return preparation
costs, be apportioned between them in the same ratio
as their contributions to the lax payments.
Jeff Brown and Patty Kent shall consult and
cooperate fully in taking all necessary steps to obtain
lax refunds to which they appear to be entitled. Jetf
Brown and Patty Kent shall share the reasonable
expenses of obtaining such refunds in the same ratio
as their respective contributions to the lax payments
under this Agreement.

XI. Limitation of Rights
The purpose of this Agreement is lo define and
limit the claims and demands which each of the

13

�of this agreement, each party consulted with an
attorney of his or her choice and the terms and legal
significance of this Agreement and the effect which it
ha,s upon any interest which each party might obtain
in the property of the other was fully explained to
each.
Each party acknowledges that he or she fully
understands the significance of this Agreement and its
legal effect and that he or she shall sign the same
freely and voluntarily and that neither has any reason
to believe that the other party did not understand fully
the terms and conditions of this Agreement nor that he
or she did not freely and voluntarily execute this
Agreement.
IN WITNESS WHEREOF, the parties have
executed this Antenuptial Agreement al Casper,
Natrona County, Wyoming at the day and year first
written above.

parties shall have against the estate of the other.
Should either party die during the pendency of this
Agreement, or should the Agreement be terminated
by legal prtKeedings. the claims stipulated herein and
defined shall be the limit which either party may have
against the other party or his or her estate.

XII. Severability of Provisions
If any of the provisions of this Agreement are
deemed to be invalid or unenforceable, such
provisions shall be deemed severable from the
remainder of this Agreement and shall not cause the
invalidity or unenforceability of the remainder of this
Agreement. If any provision shall be deemed invalid
due to its scope, this provision shall be deemed valid
to the extent of the scope permitted by law.

XIII. Entire Agreement and Binding
Effect

Patty Kent

Jeff Brown

This Agreement sets forth the entire agreement
between the parties with regard to the subject matter
hereof. All agreements, covenants, representations
and warranties either express and implied, oral or
written, of the parties with regard to their financial
relationship, either past, present or future,
commencing as of the dale of marriage and
terminating if and when they either separate or one
predeceases the other, are contained in this
Agreement.
This Agreement shall be binding upon and inure to
the benefit of both parties and their respective heirs,
administrators, personal repre.sentatives, successors
and assigns.

)
)ss.
COUNTY OF NATRONA)
STATE OF WYOMING

SUBSCRIBED in my presence and sworn to
before me by Jeff Brown this_ day of October,
1995.
Witness my hand and official seal.

Notary Public
My Commission Expires:

STATE OF WYOMING

)
)ss.
COUNTY OF NATRONA )

XIV. Escrow
Jeff Brown and Patty Kent agree that the original
of this Antenuptial Agreement shall be deposited in
escrow at Hilltop Bank. Escrow Department, 301
Country Club. Casper. Wyoming, to be held by this
institution until dissolution of the marriage or the
death of either of the parties to the marriage.

SUBSCRIBED in my presence and sworn to
before me by Patty Kent this_ day of October, 1995.
Witness my hand and official seal.

XV. Consultation with Attorney

Notary Public

The parties acknowledge that prior to the signing

My Commission Expires:

14

�Attorney’s Certification
I, Jane Smith, certify that I am a licensed attorney,
admitted to practice law in the State of Wyoming. I
further certify that I have consulted with Jeff Brown,
a party to the foregoing agreement, and have fully
advised him of his property rights and the legal
significance of the foregoing agreement. Jeff Brown
has acknowledged his full and complete
understanding of the legal consequences of the
foregoing agreement and has freely and voluntarily
executed the agreement In my presence.

Attorney’s Certification
I, John Doe, certify that 1 am a licensed attorney,
admitted to practice law in the State of Wyoming, I
further certify that 1 have consulted with Patty Kent,
a party to the foregoing agreement, and have fully
advised her of her property rights and the legal
significance of the foregoing agreement. Patty Kent
has acknowledged her fuJl-iand complete
understanding of the legal consequences of the
foregoing agreement and has freely and voluntarily
executed the agreement in my presence.

Jane Smith
Attorney al Law
1451 W. Yellowstone, St. 32
Casper, WY 82689
(307) 555-1234
(307) 555-3333 fax

John Doe
Attorney at Law
252 N. Teton Avenue
Casper. WY 82623
(307)555-1212
(307) 555-0000 fax

15

�Financial Disclosure Sheet for Jeff Brown
Value
Location
Description
Key Bank
Savings account
300 SO. Wolcott
$738
Casper, WY 82601

Financial Disclosure Sheet for Patty Kent
Value
Location
Description
$1,000,000
Andrew Carrol
Hilltop Bank
301 Country Club
Trust
Casper, WY 82609

40IK account

A'.C. Trust income
(compounded
quarterly)

Hilltop Bank
301 Country Club
Casper. WY 82609

$6,000

Summer cabin

16597 Casper Ml Rd.
Casper. WY 82614

$43,700

Hou.se

1355 Laurel
Casper, WY 82604

$78,000

Savings account

Hillt(4&gt; Bank
301 Country Club
Casper. WY 82609

$11,600

401K account

WMC
1223 E. I st Street
Casper, WY 82601

$54,592

Checking account

Hilltop Bank
301 Country Club
Casper, WY 82609

$989

1988 Chevrolet
4x4 Pickup Truck

1355 Laurel
Casper, WY 82609

$6,700

Household
furnishings

1355 Laurel
Casper. WY 82609

$8,934

Life Insurance Policy Hilltop Bank
(safedeposit box)
(children are
beneficiaries)
301 Country Club
Casper, WY 82609

$125,000

Checking account

1994 Buick Regal

C.R. Motis
337 N. Wolcott
Casper, WY 826ol

Key Bank
300 So. Wolcott
Casper. WY 82601
4508 S. Canyon Dr.
Casper. WY 82614

$23,720

$1,015

$15,980

Household
furnishings

4508 S. Canyon Dr.
Casper. WY 82614

Life Insurance Policy
(children are
beneficiaries)

Key Bank
(safe deposit box)
300 So. Wolcott
Casper, WY 82601

$250,000

total assets

$292,103

$650

Exhibit A

total assets

$1,335,515
Exhibit B

16

�c

Addicted to a Dollar
By Collette Cox
Course: United States and Wyoming Government
Instructor: Everett Akkam
Assignment: This essay was written as a speech to be delivered to a hypothetical audience.

The assignment was a take-home mid term exam.

Capitalism's Great Compromise". In a capitalist
economy, such as ours, "the majority of workers do
not work for themselves but are in the employ of
someone else". As Holsworth and Wray point out,
"there is an inherent conflict at the root of a
capitalist economy. Because the workers do not have
a compelling interest in the labor process itself, they
will likely desire to restrict output. Because the
capitalists have a keen interest in the labor process,
they are likely to attempt to push output to a
maximum". Frederick Winslow Taylor, "an earlytwentieth-cenlury psychologist of sorts" was
interested in "pushing output to this maximum". He
wanted to "eliminate excess activity of the worker
and undertook a .series of time-and-motion studies to
achieve this end". Since workers naturally wanted to

Good evening ladies and gentlemen. I have been
invited here to speak to you about an extremely
important issue that faces all of us today­
consumerism and politics.
In the book. American Politics and Everyday
Life, by Robert D. Holsworth and J. Harry Wray, the
two authors state that "few questions are more
important to us than those pertaining to our personal
identity. We need to know who we are." They add
that "as industrialization spread, it became
increasingly necessary to seek identity in a world
that constantly called identity into question."
Holsworth and Wray point out that there were
"many responses to this dilemmma, including a
number of positive ones." However, "one dominant
response carries a great political significance:

17

�restrict output, he used these studies to force them to the past", they continue to have great political
be as “efficient as the machines they tended”. In consequences today. Our self esteem and identity
forcing the workers to be “as efficient as these suffered a great blow because of the "compromise"
machines they tended”, this idea of "Taylorism” was and "Taylorism", and, in turn, as Holsworth and
useful as a means of control. Workers were forced to Wray comment, "...work in the modern United
give up their creativity and become “deskilled" in States is far less satisfying than it might realistically
the name of increased productivity. They also gave be, that it damages people as much as it contribute-s
up their pride in their work, individuality, control, to their self esteem..." As noted previously,
and thinking and put them all in the hands of the deskilling was a trait associated with the notion of
management. In return, workers received things like "Taylorism". Today, desRilling is useful in
shorter work days, better working conditions, and "streamlining operations, decreasing the value of
increased wages. This was “Capitalism's so-called labor, and thus increasing the profit potential".
great compromise." It “attempted to solve the root However, even though decreasing the value of labor
conflict between workers and owners by giving may decrease the prices of material goods, it also
laborers more free time and by granting them more has a negative effect on something that should be
buying power." According to Holsworth and Wray, considered of much greater importance. "If people
"...the workers gains played a conservative role and gain a significant portion of their self esteem and
helped to stabilize the economy. First, higher wages identity through work, then lowering the value of
were a much less oppressive mechanism of social work also lowers the value of people". So many
control than long working hours. Second, worker Americans work today, not because it gives then
buying power aided the expansion of the economy pride or meaning, but because they feel they have to
for laborers and provided a new market for in order to make enough money to obtain the things
increased productive capacity. Finally, the economic in life that they think they will he able to find
divisions helped to fragment the workforce, and this happiness and meaning in. Many people feel that
gave solace to those who had previously feared the they have no other options available to them...They
overthrow of the entire economic order". It is are"addicted to the dollar", as Doug Stone says in
evident that this compromise was a "bad bargain". the following song.
(Play Addicted to a Dollar, here-Firsl song side
Workers traded control over their work, which goes
one)
hand in hand with self esteem and identity, for the
As Doug Stone says in his song, "Addicted to a
ability to be controlled through consumption. What
Dollar",
all the money that we make is usually spent
a deal! The loss of identity and self esteem could
before
we
even get it. We "pick up our paychecks
never be replaced by material goods, but people
and
pass
them
on down the line". In our consumer
tried a.s they may...and still do today. "Capitalism's
society
we
are
transformed into"consumer beings".
great compromise ensured that many would respond
Not
only
does
our
work "control" us by making us
to this dilemma in material terms. Many people
feel
like
the
only
way
we can regain our identity is
today try to seek their identity in the things they
through
purchasing
goods, daily floods of
acquire". Sadly, this becomes a never-ending cycle
advertising
also
.serve
as
another political control
that devastates many. We strive to earn the
that
ensures
we
will
not
stray
from our consumer
"almighty dollar" and then try to find happiness in
life.
As
Holsworth
and
Wray
state.
"Instructions on
consuming, which usually ends in debt and the need
how
to
best
spend
our
spare
time
are
heaped on us
to work harder, to make more money, to buy more
daily.
These
instructions
overwhelmingly
encourage
things, and on and on.
us
to
purchase
goods
which
the
economy
produces".
Even though one may think that "Capitalism's
great compromise" and "Taylorism" are "things of Advertisements entrench in our minds the notion

18

�that there is no belter possible way to spend our time
than in "consumption" activities. Shopping is now a
"form of recreation", and malls have been turned
into "cultural events" centers. Everything from art
shows to bake sales and craft fairs are now held al
"the mall". Holsworth and Wray argue that "...the
very fact that shopping centers have become the
accepted locale for these activities indicates how
traditional U.S. culture has been entwined with the
consumer ethos. Furthermore, advertising not only
tries to control how we spend our time, but also
"how we evaluate our personalities". We are
unremittingly told that we need whatever is for sale.
"The consumer society encourages us to think of
ourselves as bundles of needs which must be
fulfilled." We are then further controlled by being
given message after message about how to go about
"fulfilling" these needs. We can satisfy "deep
psychic and spiritual needs" by purchasing the
"right" product. Moreover, we can achieve
"selfworth and status" with product purchases, and
"compassionship, affection, and love" can also be
bought. Because our consumer and capitalistic
society "generates" a "sense of loss" of the desires
for compassion, affection, love, and selfworth,
advertising can sell us an "image" of what we want
as a "substitute for reality".
Holsworth and Wray accurately point out that "It
is ironic that the source of so much anxiety professes
to be the cure". Perhaps the most frightening aspect
of advertising, however, is the fact that it controls us
by focusing our attention on what "Corporate
America" wants instead of focusing on the real
problem at hand. "Citizens are encouraged to think
about politics only insofar as it affects their level of
consumption." If society genuinely wants to change
consumer society and "Corporate America", then it
will have to show that our desires for dignity, human
relationships, rewarding work, and an integrated self
are not being met and cannot be met" by turning to
more consumption and neglecting the real problems.
As Holsworth and Wray state, "Those who wish to
alter consumer society" need to focus their energies
on "effective political action. And the first step to

effective political action is to perceive their
predicament clearly". Clearly, our predicament is a
sad one, and perhaps we need to look into our hearts
for what we need to find. The answer may be found
through "higher" thinking.
(Play song "Dream High" here--last song on side
two)
"If you’re gonna dream, dream high". Perhaps
this is what we need to do in order to find the
solution to our growing problem of consumerism.
Dream of things that are "higher" in importance than
wordly possessions. Instead of dreaming about how
much money we want to have or the new bt)at we
hope to have someday, we would be a lot better off
to "look into our hearts" and honestly think about
what is important in this life. The Biblical tradition
offers a much-needed alternative to our consumer
culture because as Holsworth and Wray slate, "it
moves people to think about traditional concerns of
human existence and to retied on matters of self
worth, caring, community, and justice. Religion can
be an effective antidote to the druglike propaganda
that insiduously but relentlessly covers our society".
Furthermore, the Biblical tradition is based on a
"communal" notion of human'life. This slates that
we should "see ourselves as members of a
commnunily; individuals morally bound to each
other". If stK'iety a,s a whole spent even a small
amount of lime being concerned with one another as
individuals and "equals", perhaps we would find
some sense of identity and selfworth. Instead, we are
so caught up in the notion of "self-inleresl" that we
lose sight of everything else in life. Holsworth and
Wray remark "Not only does the notion of self
interest slight the connection that all individuals
have to one another, it also narrows and restricts the
range of options for the individual. Il speaks about
the individual as if they only have needs for money
and power. There is very little...that refers to self­
development and self-enhancement, and even less
recognizes the contribution that community,
compassion, and committment make to constructing
a personality that is whole". Can we seriously
remain under the delusion that money and power are
19

�the most important things in our lives? What if we
obtain money and power? Does this mean we have
anything of real value? And, if we do have money and
power, how can we consciously feel good about
ourselves when their is inequality and sufl'ering
around us. I cannot believe that we can go on being so
vain and ignorant and continue in our thoughts that
each and every one of us, individually, is the most
important thing alive. We need to take heed of the
warning that almost all religions give: the damage to
one’s soul that acccompanies devotion to material
wealth". Nolsworth and Wray stale that in order to
change people’s ideas of self interest and materialism,
"would require a significant change in the operation
of major political and economic institutions". People

should perhaps be "skeptical of the claim made on
behalf of the consumer society because they so
frequently turn issues about one’s personal essence
into questions of consumer possessions".
When one realizes how conceited we are in our
thinking that we, individually, are so complex and
important, it seems very ironic that we could possibly
be convinced that our "personal essence" i.s merely a
"question of consumer possessions". We are blinded
by our "addiction" and we, as a society, are definitly
suffering from this "abnormal condition that has
resulted from an excess of consuming". Karl Marx
once noted that "religion was the opium of the
masses". Perhaps we need to examine our ways more
closely and change our "drug of choice".

20

�c

Interoffice Memorandum of
Law
By Karen Moenkhaus
Course: Legal Research and Writing II
Instructor: Mary Kubichek
Assignment: Students were to research a legal issue of their choice. The paper was to be in Blue Book form.

The student had to include eight cases.

Statement of the Assignment

Interoffice Memorandum of Law

You asked me to research cases to see how the
courts have defined "reasonable accommodation" and
how the courts have required employers to
accommodate a person with a disability under the
Americans With Disabilities Act (ADA). Because this
is a fairly recent Act, I researched cases in all federal
districts.

TO;
Mary Kubichek, Staff Attorney
FROM;
Karen Moenkhaus, Paralegal
DATE:
December 6. 1995
CASE NO. 95-0074
SUBJECT: Client. Ken Thompson, is filing a
discrimination suit under the Americans
With Disabilities Act against Holster &amp;
Bailey Law Firm because they
terminated him without accommodating
his mental disability.

Statement of the Legal Issue
Can Ken Thompson require Holster &amp; Bailey Law
Firm to accommodate his disability of depression,
which prevents him from billing sixty hours per
week, under the Americans With Disabilities Act?
21

�discrimination exists if an employer does not provide
reasonable accommodation to the known physical or
mental limitations of the otherwise qualified
individual unless the accommodation would impose
an undue hardship. Undue hardship constitutes
"significant difficulty or expense." 42 U.S.C.A. §
121II(IO)(I995).
In researching Mr. Thompson’s case, I examined
case law where the courts defined "reasonable
accommodation" and analyzed why the court.s found
if the employer did or did not satisfactorily
accommodate the employee's disability. The first
proposition Is whether an employer meets the ADA
requirement by providing some form of reasonable
accommodation. The first four cases support this
proposition in that the employers all provided some
form of reasonable accommodation or else the court
held that the accommodation created an undue
hardship on the employer. The second proposition
deals with violation of the ADA in that the employer
did not provide reasonable accommodation for the
disabled employee. The last four cases support this
second proposition.

Statement of the Facts
Mr. Ken Thompson was employed with Holster &amp;
Bailey Law Firm as an as.sociate attorney since 1993.
In this capacity, he wa.s required to bill sixty hours a
week. After eight months of working these long
stressful hours, he became severely depressed and
was unable to function normally in his everyday life.
He wa.s fatigued, suffered severe migraine headaches,
experienced gastro-intestinal disorders, and had
suicidal thoughts. He sought professional help and
was put on medication for psychosomatic depression.
After six months under a doctor's care, he was still
unable to fulfill his responsibilities at work. At that
point, the firm gave him an unpaid three-monlhs'
leave of absence to resolve his medical problems.
When he returned to work, he was expected to bill
sixty hours as before. He performed adequately
billing at a rate of forty hours per week. However,
billing sixty hours caused his depressive symptoms to
return. He advised the firm that he could not
physically or mentally handle sixty billing hours per
week; and, as a result, they terminated him.
Mr. Thompson desires to bring a civil action
against Holster and Bailey Law Firm for
discrimination under the ADA because the firm
violated this Act when it terminated him without
accommodating his disability. He is seeking
compensation for present and future medical
expenses, loss of income, compensation for consor­
tium and enjoyment of life, and legal fees.

ADA Not Violated Reasonable Accommodations Made
Under the ADA, an employer must reasonably
accommodate a disabled employee if the employee is
able to perform the essential functions of his original
job or to provide another position if that position is
vacant within a reasonable time. Haysman v.Food
Uon. Inc., 893 F. Supp. 1092 (S.D. Ga. 1995).
Haysman filed suit against Food Lion for
discrimination under ADA on the basis of his
disability. Haysman injured his back and knee on the
job. He also suffered from a pre-existing emotional
disorder which wa.s aggravated by the accident. He
was diagnosed with post traumatic stress disorder and
depression, and he was impaired with regard to
certain psychological functions including thinking,
perception, judgment, affect and behavior. After
approximately eighteen months, Haysman's doctor
declared him totally disabled and unable to work at
Food Lion because of his deteriorating mental and
emotional state. Haysman argued that Food LioH
failed to reasbHdbly accomnioddte Ulltl wheri they (B

Discussion
"Reasonable accommodation" under the ADA is
defined as;
(A) Making existing facilities used by employees
readily accessible to and usable by individuals with
disabilities; and
(B) job restructuring, part-time or modified work
schedules, reassignment to a vacant position,
acquisition or nuxlification of equipment or devices,
appropriate adjustment or modifications of
examinations, training materials or policies, the
provision of qualified readers or interpreters, and
other similar accommodations for individuals with
disabilities.
42 U.S.C.A. § 12111(9) (199.5).
Oridef 42 U.S.C.A. § I2i i2(b)l:5)(l^95).
22

�refused to return him to his former position as
assistant manager, (2) refused to transfer him to
another full-time position which he could have
performed, and (3) failed to reasonably accommodate
him in a light-duty job. The court granted the
defendant's motion for summary judgment. The court
found that Food Lion did not violate the ADA by
refusing to return Haysman to the assistant manager
position or by refusing to transfer him to another fulltime permanent position. No permanent positions
were available that Haysman could perform. The
ADA does not require that an employer assign an
individual to an already occupied position or create a
new position. Haysman at 1105. Haysman missed a
lot of work and frequently arrived late or left early.
His current and former positions both required regular
attendance and he could not perform that essential
function. The court subsequently held that the
employer could not "reasonably accommodate"
Haysman’s disability.
As in Haysman, Thompson also suffered from a
mental illness. Thompson's mental condition
prevented him from performing his job in regard to
the requirement of billing sixty hours per week. The
law firm never looked at the possibility of transferring
Thompson to another position before terminating
him. They never even tried to accommodate his
disability by requiring fewer billing hours. Unlike
Haysman, Thompson was otherwise able to perform
his job if he did not have to put in more than forty
billing hours. Based upon Haysman, our court might
rule that forty billing hours would be a reasonable
accommodation.
A qualified employee must be able to perform all
essential functions of a job, either with or without
reasonable accommodation. Hogarth v. Thornburgh,
833 F. Supp. 1077 (S.D.N.Y. 1993). Hogarth was a
communications operator for the FBI who was
terminated for misconduct attributable to his mental
illness. His physician documented that he suffered
from a bipolar disorder causing him to experience
manic moods which resulted in careles.s and reckless
judgment and behavior. He was placed on half-days
but his condition worsened. After being on proper
medication for several months, his doctor believed he
could perform the responsibility of his job with

continued treatment. Another medical expert testified
that it was likely that Mr. Hogarth would suffer
relapses, and he did. Hogarth contended that there
were two reasonable accommodations available that
would have permitted him to perform the essential
functions of his job satisfactorily. First, the FBI could
have made arrangements for monitoring of his
condition in compliance with medication; and.
secondly, the FBI could have limited his access to
confidential information. This would have reduced
the risk of serious consequences if he would have had
a relapse. Hogarth at 1087. The court held that the
government carried its burden of showing that there
were no feasible accommodations that would have
allowed Mr. Hogarth to perform the dutie.s of his
position with the FBI. Based on evidence presented,
even if the FBI carefully monitored his condition, he
was still going to have recurrences of careless and
reckless behavior. Access to confidential information
was also a critical part of his job. Therefore, the
plaintiff could not prevail under the ADA. The United
States District Court held that although the employee
was discharged solely because of his handicap, he
was not otherwise qualified for his position and the
complaint was dismissed.
Thompson can be distinguished from Hogarth in
that Thompson could perform ail essential functions
of his job except for the requirement of billing sixty
hours. Hogarth's mental deficiencies were much more
serious. He was not capable of performing his job
duties at all, with or without accommodation. In
Thompson's case, we could argue that if the law firm
would reduce Thompson's billing hours requirement,
Thompson would be able to perform his job. Because
Thompson is otherwise qualified for his position, this
reduction would constitute a reasonable
accommodation
A .reasonable accommodation consists of
reassigning the handicapped employee or making
changes in job requirements that do not create undue
hardship for the employer. In Guice-Mills v.
Derwinski,
F.2d 794 (2d Cir. 1992), the plaintiff
was a former nurse who brought a suit to recover for
discrimination because of her disability of a
depressive illness. Her medication regime interfered
with her ability to arrive at work on time. The court

23

�ruled that she was not discriminated against by the
Department of Veterans Administration Hospital
because her medical condition rendered her not
"otherwise qualified" to satisfy the justified
requirements for a head nurse position. She could not
make it to work on time. The hospital offered to
reassign her to a staff nursing position that would be
compatible with her medical condition and at no
decrease in grade, salary, or benefits. The court ruled
this offer was a reasonable accommodation. The
plaintiff quit because she thought the other position
wa.s a demotion, even though her salary, benefits, and
grade did not change. The court dismissed the
handicap discrimination claim holding that the offer
of the staff nursing position was a reasonable
accommodation.
In our case. Mr. Thompson was not offered
another position or modifications to meet his
disability. In Guice-Mills, the employee was offered
another suitable position. We could argue that no
"reasonable accommodations" were made on the part
of the employer. We may have to show that his billing
forty hours instead of the sixty hours would not create
an undue hardship on the employer.

Voluntary relinquishment constitutes another
reasonable accommodation under the ADA. Emrick v.
Lihhey-Oweiis-Ford Co., 875 E Supp. 393 (E.D. Tex.
1995). Emrick, an employee with Libbey-Owens,
was diagno.sed with multiple sclerosis but told the
company he was able to continue in his present job.
Later Libbey-Owens had to reduce their workforce,
and they attempted to reassign Emrick. Emrick
refused the offered position and informed the
company at that lime of new medical restrictions on
his physical activity. Because of these new
restrictions. Libbey-Owens was unable to
accommodate Emrick at the facility where he was
presently liKated. Next they attempted to locale him
in another position at one of their other facilities but
none were available. Emrick then filed a
discrimination suit under the ADA on the basis that
Libbey-Owens failed to accommodate his disability.
The defendant filed a motion for summary judgment
and another motion for partial summary judgment.
The motion for summary judgment was denied on the

grounds that several employees volunteered to be
reassigned so Emrick could have one of their
positions. The court found that voluntary
relinquishment was a reasonable accommodation.
However, the employer did not have any positions
available to reassign those employees who had
volunteered to be reassigned. On the other hand, the
court granted the defendant's partial summary
judgment, ruling that the employer did not have to
modify its operations to benefit only Emrick. The
court held that the ADA wa.s "not intended to give
persons with disabilities preferential treatment, but
rather [wasj intended to provide them with the same
opportunities as their nondisabled counterparts."
Emrick at 397. In other words, the disabled person
was not to receive special treatment, but equal
treatment with nondisabled employees. The court
found that Libbey-Owens was not required to offer
Emrick a transfer to another facility as an attempt to
rea.sonably accommodate his disability because this
was not Libbey-Owen's regular practice.
Although Emrick's disability was physical and
Thompson's disability is mental, both constitute
disabilities under the ADA and thus require
reasonable accommodation. Based on Emrick, we
could argue that if the law firm cannot modify
Thompson’s job to accommodate his disability, the
firm might have to look at offering him another
position if there is one vacant that he is qualified to do
and if it does not create an undue hardship. Of course
if there is not another position available, the firm
would not be required to create a position for
Thompson.

In analyzing the four ca.ses above, the employers
all met the requirement of providing reasonable
accommodations to meet the employee’s disability.
The courts held that reasonable accommodation
constituted the option of restructuring the job duties
in order for the qualified individual to perform his
job. If modifications were not possible, the employer
had to reassign the disabled person to another position
if there was a vacancy. However, the employer did not
have to create a new position or replace another
person for the benefit of accommodating the disabled
employee. If any of these accommodations created an

24

�undue hardship on the employer, the courts held that
the employer was not obligated to comply with the
accommodation.

ADA Violated Reasonable Accommodations Were Not Made
Transferring the disabled employee to another
available position would constitute a reasonable
accommodation if the accommodation did not
impose an undue hardship on the employer. In
Stradley v. Lafourche Communications. Inc., 869 E
Supp. 442 (E.D. La. 1994), the issue was whether
the defendant violated the ADA in terminating the
plaintiff. The defendant filed a motion for summary
judgment. The court denied this motion because
Stradley did qualify as disabled under the ADA. He
suffered from depression and acute anxiety caused
by stress from his supervisory position.
Consequently, Stradley missed lots of work. Regular
attendance was an essential function of his job.
Without accommodation Stradley was unable to
perform this essential function of his job. Stradley
argued that Lafourche should have accommodated
his condition or transferred him to a less stressful
position he was capable of performing. Lafourche
contended that to accommodate Stradley would
have imposed an undue hardship on them due to
extended leave expenses. The court found that other
positions were available al the time Stradley was
terminated in which he was capable of performing.
The court held that transferring Stradley to one of
those available positions would have been
reasonable and would not have imposed an undue
hardship on Lafourche.
Stradley is analogous with our case in that
Thompson was also terminated for not being able to
perform
his
job
requirements
without
accommodation. If Thomp.son's current position
cannot be accommodated by reducing his hours
because this would cause an undue hardship on the
law firm, the employer would need to reassign him
to another available position that Thompson could
perform as another means of reasonable
accommodation. The law firm would have to show
that the accommodation would create an undue
hardship on them.

Under the ADA, reasonable modifications in
policies or procedures must be made to avoid
discrimination
unless
these
modifications
"fundamentally" change the nature of the employer's
service or activity, and the modifications cannot
create an undue financial or administrative burden for
the employer. Dees v. Austin Travis County Menial
Health &amp; Mental Retardation, 860 F. Supp. 1186
(W.D. Tex. 1994). Dees was a mental patient and also
an advocate for the rights of the mentally ill. She
participated in many community activities for the
mentally ill and liked to attend the board meetings of
the Austin Travis County Mental Heath and Mental
Retardation Center. She brought action against the
board of trustees alleging that the trustees held
meetings at times inaccessible to individuals suffering
from certain types of mental illnesses. Dees was on a
prescribed psychotropic medication that had a
sedative side effect. Because of this sedative side
effect, she was unable to function in the morning
hours before 10:00 a.m. The court ruled that the board
of trustees violated the ADA by holding meetings ttx)
early in the morning which prevented the attendance
of patients who suffered drowsiness from effects of
medication for mental illness. Dees al 1186. The
board failed to prove that changing the time of its
meetings would have fundamentally altered the board
and the services that it provided or created an undue
administrative or financial burden. The court held that
moving the meeting times to later in the morning
constituted reasonable accommodation under the
ADA to avoid discrimination against individuals with
mental disabilities.
Both public and private entities are covered under
the ADA. 42 U.S.C.A. § 12111(2) (1995). Public
entities are defined under 42 U.S.C.A. §
12131 (I(B)(1995) as "any department, agency, .. of
a Slate or States or local government." Although Dees
dealt with a public entity, we can apply Dees to our
case in lhe fact that both appellants needed
accommodation. Thompson needed his billing hours
changed in order for him to function in his job as well
a,s his life. Dees also needed an accommodation that
would allow her to attend the meetings. To meet the
ADA requirements of accommodation, lhe firm
should accommtxlate Thompson by letting him bill
25

�only forty hours per week instead of the required sixty
because they know that he can perform his job with
less billing hours. We would have to show that letting
Thompson bill fewer hours would not create an undue
financial or administrative burden for the law firm.

The ADA requires employers to consider, as a
reasonable accommtxlation, reassignment of the
disabled employee to a job which that individual can
perform or restructure hi.s present position. Pedigo v.
P.A.M. Truiisporls. Inc., 891 F. Supp. 482 (W.D. Ark.
1994). Pedigo was an over the road truck driver for
P.A.M. Transport. He held this position for eleven
years until he sutTered a heart attack. He was on
medical leave until his termination. The lower court
awarded damages to Pedigo based on the finding that
the employer violated the ADA in failing to consider
reassignment to a vacant position in which the
employee was able to perform. P.A.M. Transport
moved for judgment as a matter of law. The appellant
court denied the motion.
The court recognized that one reasonable
accommodation under the ADA was to require an
employer to reassign an employee to a vacant position
for which he was qualified if other forms of
accommodation had failed. The Act did not intend for
the employer to create a new job for the disabled
employee. "'Bumping' another employee out of a
position to create a vacancy (was) not required."
Pedigo al 487. In Pedigo, the employer did not
attempt to accommodate Pedigo in any manner.
Pedigo is similar to Thompson's case in that the
law firm did not offer any accommodations to
Thompson. They let him have three months off to get
"his life in order." and then expected him to meet the
sixty hour billing requirement when he relumed to
work. We could argue that the law firm did
discriminate against Thompson's disability by not
olTering any accommodations.

"Reasonable" must be both practical and
proportional to costs in the analysis of claims to
accommodate disabilities. In Vande Zoitde v. Stale of
Wisconsin Department ofAdministration, 44 E3d 538
(7th Cir. 1995). the plaintiff was paralyzed from the
waist down. Because of her paralysis, she developed

26

pressure ulcers which required her to stay at home for
several weeks periodically. Zande wanted to work al
home during these periods and requested a desk-lop
computer for home, even though she already had a
laptop. Her supervisor refused. The employer argued
that they did not have to reasonably accommodate her
pressure ulcers because the ulcers did not fit the
statutory definition of a disability. The court,
however, "held that Zande's pressure ulcers (werel a
part of her disability, and therefore a part of what the
State of Wisconsin had a duty to accommodatereasonably." Zande al 544. The jury, nevertheless,
concluded that the plaintiffs request stretched the
concept of "reasonable accommodation." The court
held that an employer was not required to
accommodate a disability by allowing the disabled
worker to work al home without supervision. The jury
determined that the request wa.s an "unreasonable”
accommodation and that the employer had already
made a significant number of reasonable
accommodations for this individual. The plaintiff had
also requested that the employer lower sinks and
counter tops on all floors from 36" to 34" to
accommodate persons in wheelchairs.
The employer lowered the counter on the floor
where the plaintiff was located and said she could use
the bathroom sink which was already 34". The court
agreed that to comply with her full request would be
an undue hardship on the employer because of the
cost. "The duty to reasonably accommodate is
satisfied when the employer does what is necessary to
enable the disabled worker to work in reasonable
comfort." Zande at 546. In Zande, the employee
wanted preferential treatment instead of equal
treatment. The court held that Zande’,s requests to
work at home and lower all the sinks and counters
were unreasonable accommodations.
In Thompson’s case the jury will have to consider
"reasonableness" on his request for a reduction in
billing hours a.s in the Zande case. According to the
definition of "reasonable" held in Zande, we could
argue that Thompson's request would be a reasonable
accommodation and not an undue hardship because
the law finn would not lo.se that much money in
reducing Thompson's hours. We would have to
determine an approximate figure. However, this

�definition is subjective and the court has great
discretion in applying their definition of
“reasonableness.”
In summary under the above analysis, Thompson
would have a strong case against the law firm. All the
employers in the above four cases violated the ADA
because they did not make reasonable
accommodations for their employee's disability.
Thompson was capable of performing his duties as
an associate attorney except for the requirement of
billing sixty hours. Before terminating Thompson, the
firm did not attempt to accommodate him under any
of the method.s that the courts held to be “reasonable
accommodations.” The courts held that “reasonable
accommodations” included:
1. Restructuring or modifying the job to meet the
employee's disability, or
2. reassignment to a vacant position that the
disabled person can perform, and
3. these accommodations cannot cause undue
hardship on the employer.

APPENDIX

1. Dees V. Austin Travis County Mental Health &amp;
Mental Retardation, 860 F. Supp. 1186 (W.D.
Tex. 1994).
2. Emrick v. Lihhev-Owens-Ford Co.. 875 F. Supp.
393 (E.D. Tex. 1995).
3. Guice-Mills v, Derwinski, 967 F.2d 794 (2d Cir.
1992).
4. Havsman v. Food Lion, Inc., 893 F. Supp. 1092
(S.D. Ga.l995).
5. Hogarth v. Thornburgh. 833 F. Supp. 1077
(S.D.N.Y. 1993).
6. Pedigo V. P.A.M. Transport, Inc., 891 F. Supp.
482 (W.D. Ark. 1994).
7. Stradley v. Lafourche Communications. Inc..
869 F. Supp. 442 (E.D. La. 1994),

Recommendations
1. Obtain a copy of Holster &amp; Bailey's employee
handbook if they have one.
2. Investigate the reasons for Mr. Thompson's
termination.
3. Obtain copies of Mr. Thompson's performance
evaluations.
4. Check Mr. Thompson's past employment
record.
5. Obtain copies of his medical history.
6. Establish what the firm earns at forty billing
hours versus sixty billing hours. Calculate what
the firm would monetarily lose in reducing
Thompson's billing hours from sixty to forty
based on his billing rate, collected billings, the
firm's overhead, and the firm's profit margin.
7. Determine what the difference in the firm’s
profit would be if they changed Thompson’s
• billing method from actual billing hours to value
billing (or fixed rates).

8. Vande 2ande v. State of Wisconsin Department
of Administration, 44 F.3d 538 (7th Cir. 1995).

27

�Bacterial Organisms
By Hal H Hutchinson
Course: Microbiology
Instructor: Mary K. Katherman
Assignment: The student was to write an essay to introduce a microorganism to a general audience.

He

could choose the microorganism.

environments known. Bacterial life inhabit bleak
ocean depths surrounding subterranean sea floor
vents emanating scalding water from deep within
the earth’s crust. They inhabit the far ends of the
planet, from icy polar region to the steamy tropics.
Bacteria also inhabit the most local addresses, such
as on food in our refrigerators, in municipal
wastewater treatment systems, and even in our
bodies themselves. Actually there are numerous
bacteria in the human body that sustain and enhance
bodily functions.
The bacterial life form has evolved over billions
of years, and, although so tiny that they have to be
magnified many times for us to observe them, the
evidence of their presence is often quite obvious.

Complete
Title:
Bacterial
Organisms:
Opportunistic and Creative Means of Sustaining
Life
The wide and varied species of bacterial life
(Kingdom: Procaryotae) present a most interesting
topic for study. Contrasting this most basic life form
with the lifestyles of ’’higher" organisms, including
human life, may lead one to question which life
form indeed is the more complex and adaptable in
an environment of constant change. The
adaptability of bacterial life is nothing less than
incredible.
Bacteria are known to inhabit practically every
corner of the earth, including the most inhospitable
28

�Perhaps most incredible to the neophyte student of humans can reap from a more complete
bacterial physiology is that these tiny objects are understanding of these "primitive" life forms.
indeed live, viable organisms. Any doubt of this is Applications of this information are now being
quickly dispelled upon initial inspection under a sought to advance health care, industry, agriculture,
microscope. Certain bacterial species • exhibit and other endeavors so beneficial to society.
A major emphasis in developing beneficial uses
vigorous motility, thus providing convincing
evidence the organisms are indeed alive and viable. of bacteria is the field of genetic recombinant
In today's society terms such as "downsizing" technology, otherwise known as genetic
and "survival of the fittest" are used to define an engineering. Recombinant technology involves
environment where the work force is expected to isolating desired bacterial genetic characteristics. In
meet the challenges of shrinking resources and an the form of chromosomal genes contained in the
ever growing population. Bacteria have been deoxyribonucleic acid (DNA) of the bacterial cells,
struggling, and thriving, under these very and introducing those desired characteristics into
conditions for time immemorial. Bacteria are the the bacterial species desired. The bacterial life form
is known to possess a myriad of genes for unique
master opportunists. Their efficiency is uncanny.
enzymes,
or metabolic catalysts, that allow tor the
An interesting example of bacterial adaptability
bacteria
to
be so successful and adaptable in a wide
highlights the development of resistance to anti­
range
of
habitats.
Recombinant technology seeks to
bacterial drugs. Whereas in the not too distant past
isolate
these
genes
responsible for these desirable
medical science considered absolute control of
characteristics,
and
to
duplicate
those
bacterial pathogens possible, that option is now
characteristics
for
the
benefit
of
mankind.
known to be practically unachievable.
Much of the past emphasis In genetic
Although the species of pathogenic bacteria is
engineering
has been in the health care field.
quite small in relation to the aggregate bacterial
However,
the
growing trend is toward applied
species, pathogenic bacterial species do exist and
technology
and
goods for the marketplace.
cause a great many problems. Antibacterial drugs
Entrepreneurs
now
realize
fine profits can be reaped
are developed to control the bacteria causing these
from
bacterial
applications.
Accordingly,
problems. The current observation is that bacteria
significant
funding
is
being
appropriated
to develop
develop resistance to antibacterial drugs almost as
genetically
engineered
applications.
For
example,
quickly as the antibacterials are introduced. The
applications
are
being
developed
lor
enhancing
opportunistic bacteria develop this resistance by
virtue of their amazing abilities to evolve rapidly. In gold mining methods. Bacteria with an affinity for
fact, most bacterial species reproduce over one gold are used to "mine" gold deposits. Likewise,
hundred times faster than other life forms. This rale applications are being developed to hasten cleanup
of proliferation provides for the rapid development and lessen the effects of oil spills in critical marine
of bacteria with resistant strains to antibacterials. environments. Bacterial species with an affinity for
Thus a continual effort is necessary to develop the crude oil hydrocarbons are used to lessen the
effective antibacterial drugs that can stay one step harmful ecological damage and associated
monetary liabilities most often associated with oil
ahead of the bacterial resistance.
Volumes of information has been learned about spills. Currently numerous other beneficial
bacteria species in the past 200 or so years, since applications of bacteria are being developed in
the invention of reliable microscopy. However, only laboratories around the world.
Obviously bacteria are truly an amazing life
in the last 50 or so years have we come to recognize
the intricacy of this life form. We now are form. Current study reveals a multitude of
beginning to understand the enormous benefits we applications for taking advantage of the many
29

�desirable characterislics of these organisms. We
admire the versatility of bacteria, and the efficient
and opportunistic means of their sustaining life. We
now realize the special niche bacteria reserve in the
realm of life. It is ironic that until recently the
bacteria have been considered primitive life forms.

We now understand the bacteria are quite complex,
and through their evolution perhaps more intricate
than the commonly accepted higher organisms,
even human life. Further investigation is necessary
to unlock the many benefits bacterial life- can
provide.

30

�c

Interview with 21&gt;i^ew Bzdak
By Louie Kistler
Course: Cultural Anthropology
Instructor: Dr. Barbara Mueller
Assignment: Using an assigned outline, the student was to interview a person from another
country and make comparisons with the United States culture.

Zbignew Bzdak is forty years old and is from
Radamsko, Poland, a city about the size of Casper. He
left Poland in 1979 on an adventure expedition to
South America with a group of Polish kayakers from
the University. The government in Poland at the time
was Pre-Solidarity and Zbignew's group had departed
one week before the Pope visited Poland, which
Zbignew indicated was the catalyst for the Solidarity
Movement. This was unprecedented travel for
common Poles, but they were able to put the trip
together through the Universily'.s contacts in the
government. Zbignew traveled for two years,
extending his trip several times since he knew that
once he returned to Poland he would not have been
able to leave again.

December 13, 1981, Poland's government
declared martial law; I could tell by the emphasis in
his voice over the phone that this date held particular
importance to Zbignew. I don't believe it was because
it marked the beginning of his self-exile from Poland
and eventual American citizenship, but rather a Polish
national pride as a marker for the beginning of their
independence and the dismantling of the Soviet
Union. Zbignew was to have returned to Poland on
December 20, 1981; however, with martial law
instituted, the news and information blackout from
Poland left him with no means to discover what was
happening in his country. With only a week to make
his decision whether to return to Poland or remain in
Lima, Peru, Zbignew and his companions turned to a

31

�television station in Peru and did interviews about
their concern of the lack of information coming out of
Poland. The Polish government, through the Polish
embassy in Lima, advised their group that the
government in Poland was very displeased with their
interviews. They learned that "the Polish government
was waiting for them to return and would like to
interview them for an extended peritxi of time.’’ The
adventurers' response was more organized protests in
Lima against the communist Polish government. He
then entered the United States requesting and
obtaining political asylum. He now holds United
States citizenship and lives in Chicago.
The language of Poland is Polish, which is a Slavic
language. He said it is similar to Czechoslovakian,
Yugoslavian, Bulgarian, and Ukrainian. I inquired if
Russian was also a Slavic language, and he said that
Russian had very few similarities with the Polish
language. The tone of his voice revealed a reluctance
to be ass(x.'iatcd with Russia in any way. I asked if
there were other nationalities that the Polish people
made fun of or joked about, and he told me only the
Germans, the Austrian-Hungrians, and the Russians.
Interestingly, it is these three peoples who have
historically subjugated the Polish people.
Potatoes are Poland's staple food. Zbignew said
that Poles eat a great deal of bread and pork, but very
little beef, as the cows are primarily used for milk. A
classic dish is pirogi which is like ravioli only bigger
and is stulTed with cheese and potato. On special
occasions, the piroge would be stuffed with meal,
cabbage or blue berries. A typical daily set of meals
would be:
Breakfast: lea, thin sliced rye bread and ham about
7:00 A.M.
2nd Breakfast; coffee, tea, thin sliced rye bread
and ham, or a kaiser roll called bulka about 11:00
AM.
Dinner: potato soup, potatoes and pork, cabbage,
salad, and tea about 2:00 P.M. Io 3:00 P.M.
Supper; light meal of ham or sausage and bread
with tea about 7:00 P.M.
Housing in Radomsko and other cities was a
planned community of apartment complexes called
blocks. Each block of apartment complexes had
different architecture so there was variety In the

landscape of the city. Where people worked, shopped,
and sent their children to school was all within
walking distance of about a mile from where people
lived. Apartments were owned by the government
and there was a waiting list of eight to fifteen years
for an apartment. In the rural areas, private ownership
of land was the rule and people lived on their land.
Clothing for the Polish people was very similar to
our own and the utensils for eating were like those
used in Western Europe with simitar rules of
etiquette. He said the rules of etiquette were very
organized and there was an unified accepted manner
for using the utensils. These rules were followed by
everyone and the method for punishment if one
stepped outside these rules of etiquette was public
humiliation or social ostracism.
Weapons were very similar to those used in
Western Europe. However private ownership of guns
was illegal.
As for arts, he said that the music wa.s like Western
European music with everything from rock-n-roll to
classical. Musical instruments were similar to ours
with the most common instrument being the
accordion. There was a cultural emphasis on plays,
and poetry was the venue for the people to express
their feelings without being censored by the
government. By the use of the metaphorical language
of poetry, the people had a pathway for self­
expression and for sharing their opinions. Plays and
poetry were also a UkiI for the Polish language to
survive when they were ruled by other cultures.
Zbignew told me that dance was very important to
the Poles; in fact, one of the things he misses most in
this country are the dances. The polonez is a
traditional dance for which Chopin composed a great
deal of music. This is a patriarchal form of dance
where the wedding party would enter the church
dancing for the marriage. The games and sports the
Polish people play were similar to ours with an
emphasis on soccer. The social significance of the
outcome of the games and the social status involved
wa.s like ours.
The family was an extended family of up to three
generations living in the same apartment with the
father as the head of the family. However, there was
equality of the sexes in the workplace. Within the
32

�family, the roles of father and mother followed ours tn
this country. There was daycare for the children so
both parents could work and the government
provided family services within walking distance of
the apartment complexes.
Divorce was more accepted in the society than I
imagined. Zbignew said this was because the Catholic
church had no real competition, and the Church did
not enforce the Church doctrines in a black, and white
manner. The reasons for divorce were like those in the
United States, with no social stigma. His own sister
was divorced and she was a professional in the field
of environmental engineering. Sexual mores were
like those of other Western European countries.
If there was a death of a young spouse, a non­
working woman might go back to her birth family
and live with them. However, this would de^nd upon
the size of the birth family’s apartment, the size of the
extended family living there, and whether or not she
had her own apartment. Since the waiting period for
an apartment was so long, if she had acquired an
apartment she would most likely stay in the apartment
rather than move in with her birth family. As
mentioned earlier, land ownership in the rural areas
was private and land was owned by the father and
passed to his sons as in other European countries.
Land ownership in the cities was by the
government, a.s were.the apartment complexes. Social
control outside the family was controlled by the
Communist government and the Catholic Church,
with the government controlling where people lived
and worked.
Poland's religious views were those of the Roman
Catholic Church.
Zbignew said the greatest difference he noticed
between the United States and Poland wa.s in the
"ton.s of excess” of the United States. He said that
money didn’t hold any significance for him in Poland,
unlike money here in the United States. This was due
to the extreme inflation in Poland where the value of
the money wasn't stable and fluctuated daily, which
resulted in the saving of money a.s pointless. The
Polish economy was stabilized by the communist
government, but there was not enough material goods
for the consumption desired. Material goods
distribution was controlled by the government, which
was in turn controlled by money and influence. So in

some places the material goixJs matched the desired
consumption, but only for the powerful.
Due to the housing shortages, the extended family
in Poland was necessary. wherea.s here, with plenty of
housing, the nuclear family prevails. His knowledge
of the world was obtained by "learning how to read
between the lines."
He told me that the "wealth of America is
overwhelming." In Poland the government offered
economic security, but the price was an oppressive
political climate. This oppressive political
atmosphere helped adhere the people to each other,
and with each other, they found ways to express their
anger and disappointment and their joy and
achievements of their lives. Expression among
friends becante an important part of Polish life; where
here in the United States. Zbignew says we have the
freedom of public expression and don't treasure the
closeness that can occur among friends.
Zbignew loved South America, as its people seem
to him most like the Polish people. The South
American people "like to talk a lot. are open and
cordial, and make friends quick." He pointed out to
me that Americans don't openly express their
emotions like "joy and sadness"; and that if he goes k)
an American home, there is "no singing and dancing"
unlike what he experienced in Poland and South
America. He said in America "you play the game" to
succeed and fit into society. 1 asked him what he
meant and he told me that we have a country of strict
conduct governed by rules and laws, and if you
follow the rules and laws, it is easy to fit in here.
Every action or anything one wants to do in this
country has a rule or law to say how you are supposed
to do it.
I had never thought that we had rules and laws for
everything, but we do. His pointed reference to the
lack of Americans expressing their emotions of the
moment I think is a difference in cultural values. I
think individuality, which is a major part of what our
culture is based upon, has come to be seen as a need
to close one's self off from others to protect the
individuality. It is as if one's individuality would be
contaminated by the sharing of one’s emotional life
through conversation, laughter, tears, dances, songs,
and close physical contact.
33

�Sexuality, Sensuality and
Repression Among the
Bourgoisie
By Tillie McGee
Course: Western Civilization II
Instructor: Dr. James O’Neill
Assignment: Students were asked to write a research paper on a topic of their choosing,
emphasizing secondary sources and synthezing a sizeable body of material. The student could

choose any topic related to the subject matter of the course and approved by the instructor.
(EJd. note: This paper was originally much longer than it appears here.

We have cut many

excellent examples so that we might print it in our limited space. These cuts also account for
discrepancies in the footnoting.)

Eighteenth and nineteenth-century European
sexuality consisted of a variety of attitudes among the
bourgeoisie toward eroticism and sexual repression.
The strictest religious doctrine held that sexual
intercourse should be viewed as necessary only for
procreational purposes, and that sexual‘pleasure was

34

sinful. Other religious groups believed that marital
sex was most ideal if it was moderately pleasurable,
avoiding excess. Pleasure and attraction were thought
to provide incentive for procreation and to prevent a
woman from seeking sexual gratiTication through
adultery. The most popular view of the medical

�profession was that too much sex was unhealthy
while a few doctors preached that too little sex would
result in various physical maladies. Another widely
accepted notion of medical experts was feminine
frigidity. Very few in the eighteenth and nineteenth
centuries accepted the possibility that women
possessed the physical capacity for experiencing
arousal or sexual pleasure. The common stereotype of
Victorian sexuality holds that most people believed
sexuality to be vulgar and obscene and the act of
procreation to be an embarrassing necessity of
marriage.
Evidence found in documentation and personal
correspondences among the bourgeoisie of the
eighteenth and nineteenth centuries, us well as
popular art and literature, suggests drastic differences
between common theory and common practice of
sexuality in British society.
Literature
In eighteenth-century Britain, altitudes among the
middle-classes toward sexual behavior were
expressed in many forms of literature, including
newspapers, pornography, and novels. Politicians
were insulted in newspapers with sexual commentary
such as the referral to Pitt the Younger a.s "The
Bottomless Pitt...stiff to everyone but a lady."
Newspapers commonly included advertisements for
male prostitutes, abortion pills, remedies for sexually
transmitted diseases and various aphrodisiacs.
According to Lawrence Stone, author of The Family,
Sex and Marriage in England, 15(X)-1800, "the three
most common subjects in the advertisement columns
of eighteenth-century periodicals were cures for
venereal disease, cosmetics and books—in that order."
Some of Slone's examples from 1785 are The
Morning Chronicle and The Whitehall Evening Post,
which advertised "Leake's Genuine Pills," "The
Specific." "Lisbon Diet Drink," "Dr. Solander's
Vegetable Juice." and "Dr. Keyser's Pills." all cures
for venereal disease.
Pornography also emerged in the 1770s, with The
Covenl Garden Magazine or Amorous Repository,
which included sex stories and advertisements for
brothels and prostitutes. In Education of the Senses,

Peter Gay remarks on the extensive availability of
pornographic "prints and books to satisfy the most
avid demand." The tremendous supply and demand
for obscene materials existed in blatant disregard for
government censorship against '"indecent materials,"
despite the belief of legislators that their efforts to rid
bookstores of pornography were highly successful.
According to Gay, banned materials would either be
moved to new shops or the owners of the old shops
would find belter methods of hiding them.'
Paul Gabriel-Bouce's anthology. Sexuality in
Eighteenth-Century Britain, includes a piece by Peter
Wagner involving a form of pornography in
eighteenth-century divorce court. Trial reports
concerning rape, adultery, incest, and sexual crimes
committed by priests were published and made
available to the general public. Divorce trials were
among these reports and included explicit details of
sexual exploits in marriages.
Also in Gabriel-Bouce, John Valdimir Price writes
on "Patterns of Sexual Behaviour in some EighteenthCentury Novels." He cites Clarissa as the first novel
in English fiction to present a heroine who perceives
sex "as involving reciprocal pleasure, and she endows
sex with values and emotional associations that her
fictional predecessors did not." Clanssa is placed in a
position of either marrying and having sex with a man
she does not love or running away with a well-known
promiscuous bachelor’ Price mentions Joseph
Andrews as a novel that dispels the myth that a man is
always ready to have sex. and will never turn down
any offers.

. Art
Nudity in art was generally perceived as an
acceptable expression of eroticism, provided sexual
connotations were left to the viewer’s imagination.
According to Gay. nudes were probably the most
popular art form in the nineteenth century. Sculptures
were on display inside and outside public buildings.
Paintings adorned roofs and ceilings." Some other
examples of nude sculptures that Gay offers in The
Tender Passion include Death of Able. 1877,
Antonin-Jean-Paul Caries, depicting Abel lying in a
prone position; The Bicycle, ca. 1895-1900, Felix
35

�activity, the simple rule still remains that eroticism is
only acceptable as long as it is directed toward
procreation in marriage. Stone says that in "general
theology...intercourse was forbidden during period.s
when there could be no conception, which at that time
were believed to be limited to the nine months of
pregnancy.”''" One critic of Catholic sexual ideology
was John Cotton, a Puritan who appreciated the
"joys" of marriage and "ridiculed the Catholic cult of
virginity." Oskar Pfister, in a letter to Sigmund Freud,
wrote, "the Reformation is fundamentally nothing
other than an analysis of Catholic sexual
repression.””

Chaipentier, a girl on a bicycle: Magnetism, ca. 1884,
Per Hasselberg, a man reaching for a women across a
framed, nude painting in the center.
In The Dark Angel, Fraser Hardson furnishes some
prints of Philip Wilson Steer and Frederic Leighton.
Steer, who began painting in the late nineteenth­
century. portrayed feminine sexuality in his most
popular artworks. A Summers Evening illustrates
three adolescent girls, naked on a beach, dressing in
preparation to return home as dusk sets in.'- In Steer's
Sleep, a naked woman lies sleeping on a sofa, one leg
draped over the edge, fondling her breast.
Leighton's paintings are portrayals of Venus and
Psyche. In Venus Disrobing for the Bath, 1867,
Venus, looking down at her feet, is holding such an
unnatural pose that is cleady meant to serve as erotic.
The Bath of Psyche, 1890. is a view of Psyche
disrobing before entering a pool.

Philosophes and Romantics
In England, the Philosophes began to think of
sexuality as being a necessary component of nature in
providing happiness, and something to be examined
more closely.-'" Enlightened groups attacked the
Christian faiths for their practice of sexual repression
and denial.-' Taking a very liberal stand on "free sex,"
Hume said that he doubted that a monogamous
marriage was the correct remedy for "individual
desires with social needs."’’ Outside the religious
sphere, clearly eighteenth-century sexuality no longer
carried taboos for public discussion.
Foreshadowing Freudian theory, philosophical
humanists believed that sensuality was the underlying
catalyst of all human motivation. Diderot said that
while sexual arousal could be dangerous to one's
ability to reason rationally, "There is a bit of testicle
at the bottom of our most sublime sentiments and
most refined tenderness."-' Researchers also began to
form opinions on the power of the human sex drive.
Toward the end of the nineteenth century. Dr.
Benjamin Ball, University of Paris medical professor,
agreed that sexual instinct probably played the largest
role in influencing behavior among individuals.-*
Although romantics tended to form a general
consensus with philosophers on the subject of erotic
adventure, advocates of Romanticism criticized
Philosophes for treating sensuality as a purely
physical act, dismissing the emotions of love and
affection. Romance novels combined love with
eroticism, and fanned the flames with extensive

Theological Repression
Religious views of sexuality were no more relaxed
in the eighteenth and nineteenth centuries than they
are in the twentieth century. Peter Gay, in The Tender
Passion, suggests that a classic example of Catholic
denial of human sexuality was Pope Pius'
pronunciation of the Immaculate Conception in 1854.
If Christ was bom without sin, and sex has been
accepted a.s a shameful, sinful act, then Mary could
not have had sex. Devout Catholics accepted this
unnatural possibility from Pius, while secular
Catholics felt somewhat embarrassed by his bold
creativity. Gay offers many examples of the Catholic
notoriety for preaching sexual repression and
teaching sexual guilt. St. Augustine convinced many
Christians that, before the Fall, sex was without sin.
Lust became a creation of consequence resulting from
Eve's fateful mistake. St. Jerome i.s famous for his
assertion that "all ardent love for one's own wife is
adultery," eliminating the legitimacy of a man's
sexual attraction for his own wife. The conflicting
secular view of Capellanus held that one had to be
"capable of doing the work of Venus" to be able to
love.''
While Christian doctrine may have been
unsuccessful in completely obliterating sexual

36

�imagination and fantasy. Romantics spent less time
talking specifically about criticisms of sexual
repression, or their thoughts on sexual freedom, and
more time just practicing their beliefs.* They showed
a tendency to view sex as having a causal relationship
with love.
Medical Views
Masturbation became an explosive topic in the
eighteenth-century beginning with the 1710
publication of Ononia or the heinous sin of Self­
pollution, and all its frightful Consequences in both
Sexes considered, written by an anonymous
clergyman. The fact that the book sold so many
copies, (38,000 in nineteen editions by 1760), reveals
an apparent social ‘anxiety’ about the act and its
consequences. According to Dr. Tissot, a famous
Swiss physician, those consequences were "lassitude,
epilepsy, convulsions, boils, disorders of the
digestive, respiratory or nervous systems, and even
death." He offered suggestions for remedying the ill
effects of masturbation, but believed the habit itself to
be “incurable."* Dr. Henry Maudsley, an avid
believer that masturbation caused insanity, originally
suggested that it was possibly an inherited disease
that might disappear once one was removed from
one's family. Maudsley changed his theory on
masturbation many times, finally concluding that
there was no possible cure.*
The closest Stone could come to finding medically
distributed sex manuals in eighteenth-century Europe
was a pamphlet that offered advice on sexual
positions, written in 1716. The author, French Dr.
Venette of La Rochelle, agreed with clergy that any
positions that involved sitting or standing, or giving
the woman the dominant lop position should be
avoided. He did, however, feel that since sex from the
rear wis a normal occurrence among animals, it could
therefore be seen as an acceptable position for
humans, who are a part of the natural environment.
Venette said this position would likely increase the
probability of conception, and that it was safer during
pregnancy.”
In the nineteenth century. Dr. Anton Nystrom, a
Swedish physician, belonged to the minority of those
experts who recognized the difference between a

woman's biological nature and her societal restraints.
Nystrom wrote
In woman, as well as in man. it is
undoubtedly the sexual instinct, and not the
problemmical desire of propagation, which
attracts the one to the opposite sex. The sexual
instinct belongs to the female organization just
a-s much as to that of the male, even if ascetic
principles and social conditions to a great
extent suppress them.
Many have proclaimed that the sexual
instinct plays no important role whatever in
woman, and if it is strong in some individuals it
is a sign of moral degeneration or improper
voluptuousness.
Nystrom blamed sexual repression on Christianity,
claiming that religion "has forced woman to suppress
her sexual instinct." In his study of the effects of
sexual abstinence, Dr. Nystrom interviewed several
women who spoke openly about their sexuality,
revealing little-known facts about the female libido.
Nystrom was also among those who believed that
irregularity in intercourse or masturbation would lead
to "insomnia, headaches and hallucinations."”
Dr. Frederich Siebert, a skin specialist and
sexologist in Munich was another physician who
acknowledged sexual desire and the potential for
women to feel erotic pleasure. Siebert suggested that
probable reasoning behind the notion that women did
not enjoy sex as enthusiastically as men could be that
most men were “clumsy" during sex. gratifying their
needs kx) quickly for women to be satisfied.*' Dr.
Auguste Debay, a retired army surgeon embellished
on Siebert's reasoning, advising men to lake
intercourse more slowly, giving women more lime to
experience sexual pleasure through mild genital
contact.*’ Dr. James Foster Scott admitted woman's
“erotic desire,” but passed it off as Insignificant,
merely a servant to her ultimate destiny for maternal
obligation."
In contrast to Nyslrom's theory, those medical
advisors who accepted moderation as a healthy
alternative adopted Aristotle's concept of semenal
conservation. Dr. Venette claimed /hat "sexual excess
shortens life," as Aristotle regarded semen to be

37

�"essential to good mental and physical health,"
leading to the assumption that semen should therefore
be preserved for longer life expectancy. Dr. Tissot
claimed that one ounce of semen wa,s equal to forty
ounces of blood, therefore one ejaculation would be
more life-threatening than forty blood-lettings. A
second reason for moderation was the popular belief
that the “consititutional characteristics” of a child
reflected the physical condition of its parents at the
time of conception. Fathers who spent loo much
sexual energy and mothers who were sexually
mistreated would conceive sickly children with a
small chance of survival.'"
Marriage and Adultery
Marital happiness was extremely dependent upon
sexual compatibility and mutual attraction between
husband and wife. People had affairs when their
desire for their partner began to disappear. People
expected marriage to be "sexually satisfying," and if
it was not, they often looked for sexual satisfaction
elsewhere, and women were not excluded from this
practice.
Physical qualities as criteria for choosing a
marriage partner is something quite new in the
eighteenth century. In the previous century,
economics had the most control over marital union.
Stone offers a more cynical view of Christian
marriage as a "double standard" among the upper
classes "for most of the early modem period (15001800)." Marriage in the church granted a man “full
monopoly rights over the sexual services of his wife.”
A wife's virginity was expected to be preserved for
her wedding night, while "on the other hand, the man
was expected to have gained some sexual experience
before marriage, and any infidelities after marriage
were treated as venial sins which the sensible wife
was advised to overlook." He suggests that adultery
and fornication were acceptable in men’s behavior
and punishable for women of upper class ranks."*
There seems to be overwhelming evidence of these
differences in moral expectations for men and
women.
There are some remarkable differences between
marriages of the eighteenth century and Victorian
38

marriages. First, in the Victorian era. marriages were
less often arranged then in the earlier century. Women
and man began to marry for love. As a result, they
began to feel more genuine affection and physical
attraction for each other. In the eighteenth century,
there is more reference to men insisting on their
“conjugal right.” In the nineteenth century, more
women seem to be documented for having extra­
marital affairs. In the eighteenth century, women were
having more babies to make up for the children they
were likely to lose in childbirth or from disea.se.
Victorian women were seeking methods of birth
control to limit the number of children in their
families.
Contraception
Although condoms were introduced in the
seventeenth century, they were not widely used until
the early eighteenth century. The primary intention
for condom use was to prevent the spread of venereal
disease, which made them scarcely available as a
contraceptive. A London merchant referred to
condoms as “implements of safely which secure the
health of my customers.” In 1825 Richard Carlisle
suggested that the aristocracy had used the vaginal
sponge and condoms in the eighteenth century as
forms of birth control, but Slone concludes that "there
is no positive evidence that these methods were
indeed in common use among upper-class married
couples in the eighteenth century." However, in the
nineteenth century, one doctor admitted that he wa.s
distributing condoms strictly for the purpose of
marital contraception, but insisted that this practice
wa.s not a condonation of extra-marital sex."’
Annie Besanfs experience inspired her to seek
public awareness for the need of pre-marital sexual
education of young women, including information
about birth control. In 1878, with the help of Charles
Bradlaugh, Besanl was successful in campaigning for
new legislation concerning the distribution of
contraceptive information. "They delivered
innumerable lectures, issued a monthly journal, and
distributed and sold huge quantities of books and
pamphlets.” Although Besant's birth control
information was primarily directed toward the

�working class, middle-class women were the first to
utilize contraceptives. Hamson states that between
1871 and 1900, the average size of bourgeoisie
families dropped from “seven or eight to two or three
children?'*
Conclusion
A question one might ask is how do all of these
accounts of Bourgeois attitudes toward sexuality
merge to form one specific societal distinction?
Cleady they do not lend themselves to conformity
under one singular standard. As noted earlier, the
religious factors do not offer any unanticipated details
of practiced repression. Nor do there seem to be any
radical universal changes in contemporary Christian
doctrine concerning sexual practices in the twentieth
century. Sexual activity continues to be restricted to
marriage, for the purpose of fulfilling the procreative
obligation. Indeed, St. Jerome still has influence over
the beliefs of some Christians today in that "All
ardent love for one's own wife is adultery." The
Catholic Church ha.s not been pressured by the
modern practices of the majority of . its lay
community: Contraception has not officially been an
accepted practice, masturbation is still a venial sin,
fornication and infidelity are mortal sins, and the
Immaculate Conception is still held as legitimate even
though papal infallibility is not.
The information presented from a medical point of
view is somewhat astonishing in that it provides some
insight into the ignorance of the biological basis for
sexual activity in the eighteenth century and most of
the nineteenth century. Medical practice embodied
more of a primitive religious ideology rather than
scientific reasoning. Although many reputable
physicians did exist, a surprising number of published
"experts" were self pronounced doctors who
proclaimed their wisdom concerning sexual matters
under the umbrella of their particular theological
associations. Many theories such as physical maladies
resulting from either excessive or insufficient sexual
activity could not have been the products of careful
scientific observation. A possible explanation for
some irresponsible theorizing could be the increased
tension and animosity between theology and science
during this period.

Where religion and medicine fail to contradict the
Victorian myth, literature, art, and the private
practices of the bourgeoisie (within and outside
marriage) succeed in breaking down the stereotype.
While eroticism is not an unknown art form, common
knowledge of the origins of pornography is probably
not widely held today.
Another astonishing reality is the lenient
censorship placed on newspapers: advertisements for
brothels, male prostitutes, abortion pills, aphrodisiacs,
and cures and preventative concoctions for venereal
disease; lewd sexual insults directed toward
politicians; the media race to be the first to publish the
details of court testimony on cases of rape, incest and
adultery. The newspapers of two hundred years ago
were very liberal in printing what might be
considered today as offensive material.
The ease with which Mabel Loomis and David
Todd reported their erotic encounters with each other
and their lovers was certainly not representative of
Victorian virtue. Also unexpected was Mabel's ability
to hold her standing among the bourgeois community
after Austin Dickinson's death. Her intense mourning
for him betrayed their relationship to her circle of
acquaintances. Of equal interest was the preference of
Stone's Bourgeois Gentlemen of receiving sexual
gratification from several different mistresse.s and
prostitutes. Given the risks taken by Byrd and
Boswell against sexually transmitted disease, it would
seem more logical that they would choose to practice
their infidelities with a tighter circle of women within
their own class.
It is evident that cultural views of sexuality in the
past share unexpected similarities as well as
unexpected differences with contemporary western
society. Apparently, it would be incorrect to assume
what those differences and similarities might be
without examining the evidence. It would be equally
incorrect to assume that the whole of eighteenth­
century and Victorian society fell under one specific
school of thought regarding norms for sexual
behavior.

39.

�Endnotes
2.

Ray Poner "Mixed Feelings’ The Enlightenment and Sexuality in Eighteenth-Century Britain." Sexuality iit Eighteenth-

Century Britain, ed. Paul Gabriel-Bouce (New Jersey: Barnes and Noble Books. 1982) 8.

3.

Lawrence Stone. The Fainilv. Sex and Marriage in Englund. I5(X)-18OO (New Yori: and London: Harper and Row, 1977)

600.

4. Poner, "Enlightenment and Sexuality.' page 8.
5. Peter Gay, The Bourgeois Experience. Victaria Freud: Educatitni of the Sen.xex, vol. I (New York: Oxford University. 1984)
358-59.
7. John Valdimir Price. "Patterns of Sexual Behaviour in Some Eighteenth Century Novels,' Gabriel-Bouce, page 164.
9. Peter Gay. Education of the Sen.xe.x. page 380.
12. Fraser Harrison, The Dark Angel: As/tecis ofViciiorian Sexuality (New York:Universe Books. 1977) Pages 136-37, 144-45.
15. Peter Gay. The Bourgeois Experience, Victoria Io Freud.: The Tender Passion, vol 2 (New York: Oxford University Press,
1986) page 49.
16. Stone. Family, Sex, and Marriage, pages 499-500.
17. Gay. The Tender Passion, page 50.
20. Porter. "Enlightenment and Sexuality," page 8.
21. Gay, Passion, page 51.
22. Ibid., page 53.
23. Ibid., page 62.
24. Ibid., page 258.
26. Porter, "Enlightenment and Sexuality," page 20.
28. Stone. Family. Sex and Marriage, pages 514-15.
29. Gay. Senses, pages 298-99.
33. Ibid, page 494.
34. Gay, Senses, page 152.
35. Ibid., page 146.
36. Ibid., pages 150-51.
37. Ibid., page 146.
38. Stone. Family, Sex. and Marriage, page 495.
46. Stone, Familv, Sex. and Marriage . page 501,
47. Ibid., pages 422-23.
47. Harrison, The Dark Angel, page 67.

Bibliography
&lt;
Anderson, Bonnie S. and Judith P. Zinsser. A History of their Own: Women in Europe from Prehistory to the Pre.senl. Vol 2. New York:
Harper and Row, 1988.
Boswell, James. BoswelT.s London Journal: 1762-1763. Frederick A, Pottie, ed. New York, Toronto. London: McGraw-Hill, 1950.
Boswell. James. Bitswell on the Grand Tour: Germany and Switzerland. /764.Frederick A. Pottle, ed. New York, Toronto, London:
McGraw-Hill. 1928.
Boxer. Marilyn J. And Jean H. (Juataerl. Connecting Spheres: Women in the Western World. 1500 to the Present. New York: Oxford
University Press, 1987,
Gabriel-Bouce, Paul. Sexuality in Eighteenth Century Britain. New Jersey:Bames and Noble Books, 1982.
Gay, Peter. The Bourgeoi.s Experience. Victoria to Freud: Education of the Senses. Vol. I. New York: Oxford University Press, 1984.
Gay, Peter. The Bourgeois Experience. Victoria to Freud: The Tender Passion.VoX. 2- New York: Oxford University Press, 1986.
Gillis. John R. For Better. For Worse: British Marriages. 1600 to the Present.fievj York: Oxford University Press, 1985.
Harrison, Fraser. The Dark Angel: Aspects of Victorian Sexuality. New York: Universe Books. 1977.

Lerner, Gerda, Women and History: The Creation of Feminist Consciousness.Vo\. 2. New York: Oxford University Press, 1993.
MacFarlane, Alan. Marriage and Love in England. 1300-1840. New York: Oxford University Press, 1986.

Stone, Lawrence. The Family, Sex, and Marriage in England 1500-1800.. New York and London: Harper and Row, 1977.

40

�The Culture of the Student
as Reflected in Student Publications

By Shawn Houck
Course: Educational Psychology
Instructor: Dr. Ruth Doyle
Assignment; The class project is applied research based on one of the seven designs taught in
educational psychology. The following is a descriptive research design.

Abstract
The culture of (he sluJenl ix in conslani flux. Nowhere is this nxire visible than in student publicalions. which are produced by and for the

student body. It is intportani for pntspeciive insirxtctors to understand the ever-changing aspects of student culture in order to bcconK clfective
teachers. In the following study, the researcher evaluated thirty years' of a high school student newspaper. The study shows (hat although (he
bask focus of the student newspaper does not eonsistantly favtx sports, features or activities, the issues that cotKcni students change with the

times. Much can be learned about (he development of student culture al a high school by evaluating (he articles, adveniseinenis and attitudes
which appear in back issues of the student newspaper.

the.se changing student attitudes. By evaluating student
publications from the last thirty years, it is possible to
gauge any changes that have occurred in the culture of
the student. Many teachers may be unaware of these
changes and may believe that students' culture has and
will always remain the same. Teachers who lag behind
in their understanding of student culture often fail to
connect with their students and are ineffective teachers.

Introduction
The culture of the student is constantly changing.
Television, movies, books, media and activities can
change the face of student culture almost overnight.
These changes can be observed in students'
appearance, language and attitudes. The student
newspaper, produced by and for the student
population, provides a comprehensive reflection of
41

�A. Statement of Problem:
The problem of the research was for teachers to
understand the differences and changes in student
culture from generation to generation as depicted in a
scl.ool newspaper.
B. Rationale:
When instructors understand and appreciate the
rapidly changing culture of the student, they may
adjust their leaching methods in order to more
effectively reach students. Since most cultures build
upon their predecessors, it is also important for
teachers to have some knowledge of past cultural
influences on the present student cultural landscape.

C. Null Hypothesis;
Student culture, as reflected in student
publications, has not changed significantly in the last
thirty years in a given high school newspaper.
D. Limitations:
1. Instrumentation - The student newspaper may
not provide a comprehensive view of student culture.
In addition, the newspaper used in this study is from
one particular high school in one single city.
Therefore, the study will not reflect the universal
culture of the student. Also, the stories and
advertisement.s contained in student newspapers are
often subject to approval and editing by faculty and
administration. This may mean that the stories do not
represent the most accurate view of everyday life.
2. Selection bias-. Due to time restraints, not every
issue of the student newspaper from the last thirty
years can be meticulously evaluated. Important data
may be overlooked in issue.s that are not carefully
evaluated for this study.
3. Value criteria- Observations concerning
"proper" and "politically correct" attitudes are ba.sed
on the researcher's own interpretations of "proper"
and "politically correct."
4. History- Acceptable standards of "right" and
"wron^" change from time to lime (and place to
place).

E. Operational Definitions:
Activities- Designation for articles that pertain to
42

clubs, community organizations and non-alhletic
activities and events which appear in the newspaper.
Criteria- Particular characteristics used to gauge
and evaluate the culture of the student.
Features- Designation for articles that pertain to
people, places, awards, news, current events or issues
which appear in the newspaper.
The Newspaper-The student newspaper at
produced by and for the student population since
1965.
Politically correct- A system of values or beliefs
which stresses identification of individuals, issues
and groups in positive terms. In part the PC
movement has been influenced by religious, minority
and women's groups who seek positive public
identification of their ideals and themselves.
Sports- Designation for articles that pertain to
sporting events, athletes or scoreboards which appear
in the newspaper.
Student culture- Diversity created by variety;
defined and shaped by the beliefs, guidelines,
behavior, appearance and activities of students at a
high school between 1965 and 1994.
Review of Relevant Literature
The literature used in this study includes issues of
a high school newspaper from the years 1965-1995.
Each issue is evaluated according to specific criteria
and provides the necessary information for
determining the content of the typical student’s
cultural landscape throughout the last thirty years.
Considering the nature of the objective, the
newspaper is the most relevant literature available for
this study.
Methods and Procedures
A. Subjects:
Basically, subjects include all students, faculty,
coaches and administration who influenced student
culture at the highs school in the past thirty years.
Since the study deals with student culture, though, the
subjects are primarily the students and student
journalists who are represented in hundreds of back
issues of the high school newspaper.
B. Instrumentation:
A basic set of criteria is the instrument used in this

�1967
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
Average:

study. The researcher evaluated back issues
comparing coverage of sports, activities and features.
This instrument also allowed the researcher to note
changes in the kinds of sports, activities, features,
advertisements and issues which were typically
present in each edition.

C. Treatment:
For each year, from 1965 to 1994, the October or
November issue was reviewed. The researcher
calculated the average amount of coverage given to
three main categories: sports, activities and features.
The purpose of this was to see if the focus of the
students shifted in any one direction from year to
year. The remainder of each year’s papers was
evaluated for general content. The researcher kept
track of prevalent issues which were recurring and
reflected the social atmosphere and cultural content of
the time. The researcher also examined each issue for
articles and advertisements which would be
considered controversial or in poor taste (politically
incorrect) if published today.
D. Design:
Thi.s study shows evidence of trends in social
problems and issues in student culture. The project,
therefore, falls under two different design
designations. The project is primarily historical,
because it studies behavior over a long period of time.
But the study might also be considered casual
comparative, because it evaluates and compares
pertinent social problems from the student's point of
view over the last thirty years. Perhaps a combination
of the two designations -- historical-casual
comparative - would best describe this study.

25%
39%
29%
42%
31%
28% '
20%
35%
46%
38%
34%
50%
49%
25%
48%
38%
30%
25%
56%
38%
46%
42%
25%
31%
35%
23%
36%
31%
35%

29%
30%
42%
33%
38%
44%
53%
5%
16%
43%
34%
28%
25%
55%
21%
35%
52%
57%
39%
38%
29%
30%
48%
41%
60%
50%
39%
58%
38%

46%
31%
29%
25%
31%
28%
27%
60%
38%
19%
32%
22%
26%
20%
31%
27%
18%
18%
5%
24%
25%
28%
27%
28%
5%
22%
25%
11%
27%

The average figures would seem to indicate that
little change occurred in student culture over the last
thirty years. However, fiuctuations are present and do
indicate that the focus of students changed
sporadically over the years. For instance, in 1979,
about half of the newspaper was devoted to sports.
But the following year, only one quarter of the paper
consisted of sports coverage.
Other findings further support a gradual change in
student culture from year to year. The content of each
issue reflected the attitude.s and beliefs of each
particular generation. For instance, in the 6O's. feature
stories typically dealt with new teachers, college
plans, architectural changes, student council
decisions and student awards. In the 7O’s. articles
focussing on gender issues, drugs, mainstreaming.

Results
The researcher found that a definite focus on either
sports, features or activities does not occur over the
thirty year span. Though the numbers seem to
fluctuate, the main focus in the late 7O’s and most of
the 8O's is sports, while feature stories play a strong
role throughout:
Year
Sports
Features Activitie
(coverage devoted to each)
1965
24%
35%
41%
1966
38%
24%
38%

43

�Iplpvisjjpn
sthopl spirit were prevalent- In the 8O's
gnd poqtinuing into the 9O's, student reporters tackled
issues such as crime, apathy, gender equality, sexual
altitudes, pregnancy, child abuse, capital punishment,
eating disorders, homosexuality, AIDS, outcomes
based education, the gulf war and parenting. Also,
there was a marked change in the types of advertising
and the products advertised over the course of the
thirty years which would provide further insight into
ever-changing culture of the student.
The researcher also discovered many items in past
issues of the newspaper, which, if printed today,
would be considered "in poor taste." Most of these
items were printed in the 6O's and 7O's and dealt with
gender issues. For example, the rese;u’cher discovered
three fairly lengthy articles profiling women in shop
classes. The headline of one article boldly proclaims
"SHOP CLASS OFFERED TO GIRLS," The article
discusses the items that girls will make in shop
classes -- jewelry, ashtrays, rings and bracelets. The
topic of another article is a boy who won a cooking
award. He responded to the award by saying, "I'm not
sure it's an honor, cause anyone with any sense could
run a home. Homemakers need no intelligence. My
winning has proved that." Still another example of
political incorrectness comes in an article from the
May 12th, 1977. issue of the newspaper The article
discusses the popularity of the television mini-series
R(X)ts. According to the article, students were so
affected by the show that they chanted "Kunta Kinte,
Kunta Kinte" every time a black basketball player
touched a ball.

Conclusions
The researcher rejected the null hypothesis. The
culture of the student most definitely changes from
year to year, and this is particularly evident in student
publications from the last thirty years, Though the
focus on sports, features and activities is fairly
consistent throughout the years, topics and issues that
concern students change each year. These issues grow
more and more liberal as lime goes on. It is unlikely
that one would find an article about child abuse in this
196O's student newspaper. But in the l990’s. social
ills are frequent topics of numerous feature stories.
The content of student publications usually reflects
44

the change and progress in the culture of the student.
By evaluating student publications from the last
thirty years, It is possible to determine very specific
information concerning student culture. For Instance,
in the l970's, the newspaper documented an increase
In drug use among students. Drugs were apparently a
very big part of the culture, with a large portion of
each issue devoted to articles about drugs. The
newspapers also demonstrate that students are
becoming increa.singly aware and concerned about
the world around them, as students tackle issues such
as AIDS, deforestation and capital punishment. In
addition, it is interesting to watch the progression of
gender Issues over the last thirty years. Students'
opinions of the opposite sex are well documented
from year to year. As the 199O's gel underway. It is
apparent that students are more sensitive to the world
around them. Perhaps a better way to put it would be
to say that students have become more "politically
correct.” Today, one would not find an article about
women in shop class or crowds chanting "Kunta
Kinte, Kunta Kinte."
Even advertising in the student newspaper
indicates many things about the student culture of the
time. Advertising consistently reflects changes in
fashion, interests and behavior of each era's students.
In the 196O's, students saw advertisements for
businesses such a.s banks, restaurants, clothing stores
and portrait studios. Later, these ads continued to
appear in the newspaper, but were joined by ads that
promoted record stores, bead shops, fast food
establishments, car dealerships, comic book stores,
crystal shops and tanning salons. One of the most
striking differences in advertising reveals how
quickly student culture can change. In April of 1981,
a large ad for Catholic Social Service,s of Wyoming
olTered adoption services and counseling for single
parents and unplanned pregnancies. In the l990's,
however, the Catholic Social Services advertisements
disappeared, and were replaced by Planned
Parenthood ads. These ads offered students of the 9O's
"Confidential. Affordable Health Care," and "Birth
Control Services &amp; Supplies." In the span of ten
years, advertising indicates that students' attitudes
toward sex and pregnancy changed drastically.
Studying advertisements, articles and issues

�should demonstrate conclusively that the culture of
the student changes frequently. The results of this
study imply that the culture of the student will be
forever changing. Should this study be reproduced in
the future, the researcher recommends that another
school newspaper also be evaluated in order to
document the difference between students at different
high schools. Perhaps one rea.son for the results
concerning ratios of sports, feature and activity
coverage is the fact that the same teacher has taught

journalism al this high school for several years. By
including one or more different schools and
instructors, the researcher could measure the effect
each teacher has on the representation of student
culture in student publications. The study could also
be improved with a more rigid and definite set of
criteria which could be used to evaluate each
newspaper. Simply pul, more diversity could make
this project an even more comprehensive study of the
changing culture of the student.

45

�Age of the Universe
By Susan Russell
Course: Introduction to Astronomy
Instructor: Paul Marquard
Assignment: An extra credit report on any topic in astronomy.

Hawking, when lecturing at a conference in the
Vatican, was told that it was permissible to study the
changes in the universe after the Big Bang, but not the
Big Bang itself, as that was the moment of Crealion.’
However, with the advent of a slightly more
enlightened intellectual community and better
instruments, we now spend a great deal of time and
effort trying to figure out just how old the universe
and our earth really is. Astronomers build on theories
that have been formulated by fellow scientists, and
then accepted according to what we know about the
universe. Whether or not the particular scientist is
working on the age of the universe, their theories and
work help another to progress on their own theories.
Physicists, while not working strictly on
cosmological theories, seem to have a great deal of

For most of recorded history, speculating about the
age of the universe was not encouraged at all. The
Church, which was all-powerful, said that the
universe and everything in it was 6000+ years old,
which the Bible supported. Arguing with this theory
was not profitable. A French scholar, Bernard Pallisy,
was burned al the stake in 1589 for postulating that
the Earth was somewhat older than accepted age.' He
refused to accept the idea that ail the changes were
caused by a large flood. Copernicus waited until he
was on his deathbed before publishing his thoughts
that the entire universe might not revolve around the
Earth, and that, by extension, mankind was not the
center of the universe. An intellectual climate of this
order discouraged speculation about generally
accepted dogma. Even in this century, Stephen

46

�influence on lhe theories used for space. Advances in
chemistry would contribute a great deal to the
analysts of spectral lines.
Albert Einstein, in forming the general theory of
relativity, thought that space was static, and that the
universe could not change in size.' He added a
"cosmological constant", a kind of antigravity force,
more or less a fudge factor to force the universe to
conform to the general theory of relativity. He later
rejected this idea, calling it one of the largest blunders
of his life. Einstein thought that space-time had a
tendency to expand, but that lhe attraction of lhe
matter tn the universe would balance lhe expansion.
He also thought that there would be gravity waves in
lhe universe, but they would be so weak as to be
undetectable. He felt that a universal antigravity force
would make the the universe look younger than it
really is. At this point, some scientists are studying the
theory again to find out if Einstein was really right the
first time around, for reasons that he did not consider
al the lime. In 1922, Alexander Friedman, a Russian
physicist, predicted that the universe was nonstatic,
and that in fact there would be other galaxies. In 1927
the Belgian astronomer Georges Edouard Lemaitre
suggested the theory of an original massive unit, and
the violent explosion. George Gamow. the RussianAmerican astronomer, is the first person to call this
lhe "Big Bang." Some astronomers go on to theorize
that the universe, at some point having expanded to
maximum size, will then collapse in a "Big Crunch."
It was not until 1924 that any astronomer was able
to demonstrate that ours was not the only galaxy.
Edwin Hubble, who before becoming an astronomer
was a teacher, a Rhodes scholar, and a graduate of law
school, proved that there were many other galaxies,
with space between them, making the universe a great
deal larger than first believed. At the lime, the spiral
objects seen were thought to be nebulae. Hubble
discovered a Cepheid variable in Andromeda, and
with the distance he measured, proved that it was
another galaxy. He made lhe astonishing discovery
that the additional galaxies he saw seemed to be
moving away from our solar system. Hubble
combined the measurements of the distances and the
WbUbH bf lhe galaxies lb flHll thdt ihls gdldxlfc,^ die
HbVIHg div ay flbH US: dilti ihdl lhe hlHher away from

us they are. the faster away they are moving.
However, lhe earth, our solar system, or even our
galaxy is not expanding; it is the other galaxies that
are moving away from us.
Edwin Hubble figured out lhe distances to other
galaxies by measuring the stars of a certain type in
our galaxy, and arguing that if a distant galaxy had the
same type of star, it would also have the same
luminosity. This method can be used to calculate lhe
distance to that galaxy, if done for several stars in that
distant galaxy. Edwin Hubble worked out the distance
to nine different galaxies. Now we know that there are
some hundred thousand million galaxies that can be
seen using modem telescopes. The calculations for
this are not simple, as we are by no means sure that
the universe ha.s been expanding at the same rale all
the time, and it is difficult to know just how far we are
from any particular galaxy. Hubble hrst felt that the
Big Bang was around two billion years ago. but met
with resistance from both biologists and geologists,
who felt the Earth was a great deal older than that.
The Big Bang theory starts with the idea that at a
point in time the universe was a very dense solid
mass, and that a huge explosion blew it apart, forming
the galaxies that we now have. The theory reaches
back to ideas developed between 1927 and 1933. but
was not that widely accepted until 1964, when two
American radio astronomers detected very taint
afterglow radiation. This afterglow is known a.s
cosmic background radiation.'* According to Edwin
Hubble, the universe is still expanding. The main
question for those who accept the Big Bang theory is
the rale of the expansion. After all, it we know lhe
current size of the universe, and can find lhe rate ot
expansion, it would be fairly simple to calculate the
age of lhe universe, or at least the time back to the Big
Bang. The rate of expansion is referred to as the
Hubble Constant. This calculatidn is arrived at by
dividing lhe velocity of a galaxy (determined by lhe
spectra of light from that galaxy) by its distance from
earth.' Teams of researchers have spent lhe last forty
years, if not longer, in attempting to assign a value to
this number, and to prove lhe age of lhe universe. 11 is
also possible that another way may be found to
HiedsUh: the dgfe of the universe U-ilhritll Usirig the
Hubble CbHsklHl.* Currently there is HO etltUpletely

�changed that to a 67, when adjusting for the
brightness variation." All of the measurements and
estimates have a variance factor that would horrify a
statistician. Most other estimates are done using
measurements of Cepheids. Dr. Freedman's
calculations show the Hubble Constant to be around
80, which is a significant difference. Researchers,
including Dr. Freedman herself, point out that the
precise location of the MlOO star used for the
calculations is unknown. Finding a distance, even if
not totally precise, to the Virgo cluster is certainly a
milestone in astronomy. The team plans to use other
stars over the next three years to pinpoint their
findings. The additional calculations may well change
the value found by the team for the constant. The
other factor for the constant is that the universe seems
to contain much less matter than originally thought,
though cosmologists are not sure how our universe
could have evolved from a low mass Big Bang.'* Even
once the various teams agree on a value for the
Hubble Constant, and by extension, the age of the
universe, the groups all agree that a large percentage-somewhere in the neighborhood of 99%-of the
matter that should make up the universe is
unaccounted for.
Dr. Sandage feels that there was some bias in the
selection of the targets for the distance measurements.
In 1995, Dr. Sandage and his associates were to use
the HST to observe two supernovas to check his
work. He certainly isn't conceding that he is wrong
about the rate of expansion and the age of the
universe. In fact, his current work still points toward
an older universe. " There have been eight different
methods used that all come up with the older
universe, and Dr. Sandage feels that Dr. Freedman is
not taking these into account with her findings.
The problem is going to be to gel everyone to
agree at some point in time on the value for the
Hubble Constant, and to have a generally accepted
view of the age of the universe, and what has been
happening since the Big Bang. As views of a single
part of a theory change, views of other interlocking
pieces also have to change to make the pieces fit with
the newly accepted ideas. Right now there are several
camps of researchers who are finding different values
for different ages, and theorizing as to how the pieces

reliable way of measuring distances to the objects
used in determining the constant. A small discrepancy
in the distance would end up making a great deal of
difference in the answer.
Dr. Robert Kirshner and a team at the HarvardSmithsonian Center for Astrophysics in Cambridge,
MA. have developed a method of measuring the age
of the universe by estimating the light emitted by the
supernova 1987A when it exploded. By using the
color of the gas, the temperature can be estimated. By
measuring the amount of energy received at the earth,
the distance to the supernova can be measured. After
using this method on a "nearby" supernova, where the
distance is otherwise known, the method can then by
extension be used to arrive at the distance to further
supernovas. When combined with the red shift of the
galaxies in which the supernova exploded, Dr.
Kirshner arrived at an estimate of the age of the
universe of 12 to 16 billion years.’
A great many teams are working to try and
discover the rate of expansion. Dr. Allen Sandage of
the Carnegie Observatories in Santa Barbara, CA,
learned astronomy from Edwin Hubble, and has spent
his career trying to find the Hubble Constant. He has
consistently come up with a low number, meaning
that the universe would be from ten to twenty billion
years old. However, in 1994, Dr. Wendy Freedman,
using the Hubble Space Telescope, came up with a
much lower figure, and came to the conclusion that
the universe was eight to twelve billion years old,
which makes it younger than some of its stars. Dr.
Freedman's team used the galaxy MlOO in Virgo for
these findings. She does caution that other
measurements to many more galaxies will need to be
made before the puzzle of the Hubble Constant can be
considered solved, and the measurements to these
other distant bodies may well give yet another value.
Another group of astronomers, led by Dr. Michael J.
Pierce of Indiana, have come up with an age of seven
to eleven billion years, using the distance to the Virgo
cluster of galaxies. Dr. Robert Kirshner of Harvard
has judged the universe to be nine to fourteen billion
years old, using the Cerro Tololo Inter-American
Observatory in Chile to measure the atmospheres of
some large exploding supernovas. Dr. Kirshner came
up with a value of 55 for the Hubble Constant, but

48

�fit together. However, it's an interesting time, as
brilliant minds search around for ways to explain how
the pieces might fit into someone clse's theory, should
it prove to be correct.
The actual age of the universe is going to be very
difficult to pinpoint. After all, since none of us was
here, it's an educated guess using the resources we
have at any given time to make that guess. The
guesses and resources build upon what scientists have
discovered in prior years, and may hinge upon
concepts not yet proved or even thought about. We do
not have proof that the universe i.s expanding at a
constant rate, or that it has always been the same rate.
We do not have any idea how much matter was in the
original mass, which would make a difference in the
calculations of the movement. There is also the
possibility, raised by George Smoot, that there are
"wrinkles in time", i.e., in space, that change the
fabric of space. Cosmologists feel that the universe
cannot be younger than the oldest stars, but some day
we may find a reason for older matter-perhaps an
earlier "Big Bang." There are dozens of theorists who
try to dream up what happened, either using data
already available, or trying to predict what new
observation,s will show. There are a great many
questions still to be answered, or theories to be
formulated to fit with new and different data. The
National Aeronautics and Space Administration
launched a satellite three years ago, called COBE
(Cosmic Background Explorer Satellite) to measure
the cosmic background radiation. The results being
returned from this satellite may change some ideas of
the early universe.'The advances of technology will be a huge factor
in the mapping of the age and the size of the universe.
After the repair work on the Hubble Space Telescope,
it has transmitted an incredible amount of information
and pictures never before seen back to the earth. We
may find even more advanced uses for the telescope.

and more detailed ways in which to interpret the data
that is being received. When more advanced
instruments are built and used, there may be a great
many changes in the way we perceive the universe.
The universe may be shown to be older, or even a
great deal younger than we now think. After all. it's
not been all that long ago that it was an accepted
theory that the universe was a "steady state", that it
did not move al all. The ancients based their theories
on what was "perfect" or most elegant, such as the
sphere, without taking into account that there are a
great many limes that nature is neither perfect nor
very elegant.
The Hubble Constant may not be the entire answer
to the age of the universe. Some of the other
questions, such as what happened to the rest of the
matter from the Big Bang, since the galaxies do not
seem to account for what is thought to be the entire
amount, may shed some light on the age ol the
universe. Though right now the various groups of
astronomers measuring the constant are getting a
great deal of publicity, the final answer to the question
of the age of the universe may well hinge on other
findings. As answers are found and possibly
discarded to the various questions, our knowledge of
the size, age, and composition of our universe is
going to change dramatically. Though the current
investigation into the Hubble Constant will expand
our knowledge of the universe, it may also raise other
questions about the origin, age. and fate of the
universe. Though new theories are formulated for the
answers to these questions, the theories need to jibe
with the other known facts about the universe. If the
answer to the age of the universe seems to be around
12 billion years, current astrophysicists could adjust
current theory and retain the foundations of their
theories. But If the answer turns out to be one of the
lower figures, such a.s S billion years, it may force
science to give up the Big Bang theory. ”

49

�Footnotes
1.

2.

Isaat Asimov. GLIDETO EARTH AND SPACE. (Fawceil, 1991), p.27
Siephen W. Hawking. A BRIEF HISTORY OF TIME. (New York. Bantam, 1988), p.ll6

3.

Siephen W. Hawking, p, 40

4.

George Siixxil and Keay Davidson. WRINKLES IN TIME, (New York, William Morrow and Company. 1993) p. 9

5.

Ron Cowen. Searching for Cosmology's Holy Grail. Science Newt. October 8. 1994

6.

John Noble Witford. Big Bang's Defenders Weigh Fudge Factor. A Blunder of Einstein's, as Fix for New Crisis The New Tart Timex,
November I. 1994

7.

Roben Kirshner. The Earth's Elements (Supernova I987A and the Age of the Universe). Scienlific American. October, 1994

8.
9.

Wilford, John Noble. Astronomers Debate Conflicting Answers for the Age of the Universe. The New Yitris Timex, December 27. 1994
Michael D. Lemonick, Oops...Wrong Answer, Time. November 7, 1994 p. 69

10.

Kathy Sawyer, Universal Truths, Kix/iifix/ofi Piixi Naiiimal Weekly Eiliiioa. &lt;Wa.shington, DC)

IL
12.

Kathy Sawyer, Universal Truths. W'o.vJitti.t'Zon Piixi Naiiimal Weekly Edition. (Washington, DC) September 11-17. 1995 p. 7
Antonio Regalado, COBE seeks Universe’s First Blush, Scr'erne, (May 19, 1995) pg. 975

1.3.

Michael D. Lemonick. Oops..Wrong Answer, Time, November 7, 1994 p. 69

Bibliography
Books
Asimov, Isaac Guide to Earth and Space. New York Fawcett Crest, 1991
Goldsmith. Donald The Axinmtmerx. New York, St. Marlin's Press, 1991
Hawking. Stephen W. A Brief History of Time; From the Big Bang lo Blwn Holes New York, Bantam Books. 1988
Mitore, Patrick Fireside Astronomy. New York, John Wiley &amp; Sons, 1992

Moore, Patrick Teach Yourself Astronomy. Chicago, NTC Publishing Group. 1995
Smooi. George and Davidson, Keay Wrinkles in Time, New York, William Morrow &amp; Company. 1993

Periodicals
Begley. Sharon; The Cosmic Dating Game, Newsweek, (November 7. 1994)

Cowen. Ron: Searching for Cosmology's Holy Grail, Science News. (October 8. 1994) pg. 232
Cowen, Ron: The Little Bang. Science News. (June 24, 1995), pg. 392

Editorial Page: Editorial Page; Universal Care. The New Yorker, {November 14. 1994), pg. 45
Editorial Page;Age-Old Quesiions, Maclean's (November 7, 1994) pg. 41
Kirshner. Robert P.: The Earth's Elements. Scienlific American (October 1994), pg 59-65
Lemonick. Michael D: Oops...Wrong Answer, Time, (November 7, 1994), pg. 69
Lemonick, Michael D.: Cosmic Close-Ups, Time. (November 2(1. 1995) pg. 90-99

Regalado. Antonio: COBE Seeks Universes First Blush, Science. (May 19. 1995) pg. 975-6
Sawyer, Kathy: Universal Truths, The Washington Post National Weekly Edition. (September 11-17, 1995) pages 6-7

Wilford, John Noble: Astronomers Debate Conflicting Answers for the Age of the Universe, The New York Times, (December 24, 1994)
Wilford. John Nitble: Big Bang's Defenders Weigh Fudge Factor, a Blunder of Einstein's, a.s Fix For New Crisis. The New York Times,

(November I. 1994)

Wilford, John Noble: Finding on Universe's Age Poses New Cosmic Puzzle. The New York Times, (October 27, 1994)
Wilford, John Noble: New Puzzle Arises on Universe's Age, The New York Times. (October 4, 1994)
Wilford, John Noble: New Data: Stars Still Seem Too Old, The New York Times. (September 12, 1995)
Wilford, John Noble; New Measurements on Age of Universe. The New York Times, (January 10, 1995)

50

�Hypotheses on Infanticidal
Behavior in Animals
By Jessica Clifford
Course: Animal Behavior
Instructor: Dr. Will Robinson
Assignment:

Students were assigned a term paper on any aspect of animal behavior. They

were encouraged to select an interesting behavior and discuss whether it was clearly adaptive or
advantageous to the animal, and discuss its possible evolution. (This is a university course, but
the student is a Casper College student.)

example of scientific controversy. While there seems
to be little doubt concerning infanticidal behavior's
adaptive value, the issues surrounding its ultimate and
proximate causes continue to arouse a multitude of
varying explanations.
Sexual Selection Hypothesis
The most popular and best documented proposal
attempting to explain infanticide is known as the
Sexual Selection hypothesis. This hypothesis
supposes .that adult males engage in infanticide to
gain increased access to breeding opportunities.

Introduction
For centuries, scientists have explored new ideas,
postulated new predictions, and tested new
hypotheses. Scientists are infamous for their habitual
distrust of each others interpretations. It is for this
reason that with each forthcoming scientific theory,
progress evolves from resulting investigations and
explanations. Infanticide, a behavior appalling by
most human standards, involves the direct and
intentional termination of an infant belonging to the
same species as the perpetrator. It is one such

51

�Stemming from the sexual selection hypothesis are
several expected observations. Among these is the
prediction that not only should the infanticidal male
not kill his own offspring or those suspected of being
so, but he should also expect to gain sexual access to
the mother sooner than if he had left the infant alive.
These predictions have been systematically put to the
test in a variety of studies.
Evidence From Lions
Evidence in support of the sexual selection
hypothesis has come from, among others, the 19661973 observations of the African lion (Panthera leo),
in the Serengeti and Ngorangora Crater. Tanzania
(Packer and Pusey 1984). African lions are
carnivores, characteristically found living and
hunting in prides. Female lions and their cubs
generally remain in a stable area of residence, while
males migrate from one pride to the next in search of
females receptive to mating. When a new coalition of
males takes over a pride, however, there are often
serious consequences; infanticide occurs nearly
every time.
A female lion that has given birth normally
remains anestrus until her cubs are approximately one
and a half years old, unless, however, her cubs are
killed. If the female's cubs are killed by an
infanticidal male, she will resume mating activity
within just a few days or weeks after the loss of her
cubs (Packer and Pusey 1984). Since lions are not
seasonal breeders, environmental cues are not
involved in determining the pattern of the female's
estrous cycle. Consequently, much of the female
lion's reproductive cycle is determinate on the
developmental stage of her current offspring.
Therefore, a likely explanation for infanticide during
male coalition takeovers may be that the male is
attempting to speed up the female's return to mating
receptivity.
According to the study, if males do not speed up
the mating process of females in the new pride, they
may not obtain the chance to sire any offspring, given
that the male lion's average tenure is only two years.
There is further support for this proposal. First, the
average postpartum amenorrhea (absence of

menstruation) for females whose cubs survive their
infancy has been shown to span approximately 530
days, with the female conceiving once again on the
average of one month later. Females that lose their
cubs through infanticide, however, conceive on the
average of 134 days after their loss. This gives the
infanticidal males the opportunity to sire cubs
approximately eight months sooner than if they had
not committed the infanticide.
Females,
coincidentally, will often end up mating with
infanticidal males after the death of their cubs
because they are usually the only males remaining in
the tribe after the takeover (Packer and Pusey 1984).
There exists other convincing evidence to support
the sexual selection hypothesis of infanticide, it is
possible that not only do male lions kill infants of
their own species to enhance their chances of finding
a receptive mate, but also to monopolize the gene
pool. For instance, the only observed incident where
a small cub survived a takeover by a male coalition
was when the cub happened to be a sibling of all three
invading males. If the invading coalition had no
relation to the female or her cubs, infanticide
occurred. Therefore by removing the cubs of the
previous males, incoming male lions enhanced the
survival of their own cubs and genes (Packer and
Pusey 1984).
Evidence from Red E&gt;eer
Infanticide as a successful reproductive strategy,
according to the sexual selection hypothesis, depends
greatly on the targeted female's pattern of
reproductive receptivity. Whether or not a male's
infanticidal efforts are worthwhile may depend
greatly on whether his species Is a seasonal or
unseasonal breeder. Although infanticide has been
traditionally viewed by researchers as a male
reproductive strategy that does not apply to seasonal
breeders, it is possible that occasionally females of
seasonal breeders that have lost their litter in one
season may have an increased level of fertility during
the subsequent season, as well as larger and healthier
litters (Bartos 1994).
Based on this information, a study was performed
on a seasonally breeding species, the red deer (Cervus
52

�elaphus) in the Zehusice Deer Park. Czech Republic.
According to the sexual selection hypothesis, if
infanticide in red deer existed, not only should the
calf mortality be highest in seasons following a
change in alpha position within the group of stags, but
the reproduction of hinds (female deer) should also
increase in seasons following a change in stag
hierarchy (Bartos 1994).
To test these predictions, the red deer were divided
into two groups, one consisting of an alpha stag who
was present at the time of calving and during the end
of the previous rutting season, and the other
consisting of an alpha stag who was present at the
time of calving, but not during the end of the previous
rutting season. During the study. 265 calve.s were
bom. 56 of which died due to various reasons. Three
of the deaths resulted from infanticide due to injuries
inflicted by antlers. In each case the only antlered
male present wa.s the alpha stag not present during the
previous rutting season. In concordance with these
findings, the reproductive receptivity of hinds in the
following season tended to be higher in the group
where infanticidal stags were reported (Bartos 1994).
Social Bonding Hypothesis
In some species, infanticidal aggression appears to
be a means for the male to establish rapid social
bond.s with the mothers of the dead infants, resulting
in the male's rapid integration into the group (Leland
et al. 1984).
This explanation for infanticidal
behavior is known as the Social Bonding hypothesis.
Specific evidence supporting it comes from a study
performed on red coIobus monkeys, (CoIobus badius
tephrosceles) in the Kanyawara Forest, Uganda. The
observed group consisted of, prior to the infanticides.
33 individuals: 3 adult males, 1 subadult male, and
14 adult females and their offspring. The infanticidal
individual wa.s the subadult male. "Whitey." Whitey
had not been seen copulating before his infanticidal
behavior. Infanticide occurred during the period of
his rapid physical and sexual maturation (Leland et al.
1984). Whitey's infanticidal behavior not only
brought him extremely rapid integration into the
group as a whole, but particularly into the
reproductive sector.

Whitey gained reproductive acceptance with the
mothers of the infants that he killed, as well as with
other reproductively receptive females. Whitey's
infanticidal behavior earned him a 50 percent increase
in his proportion of total group copulations. Within
the subsequent 6-month period, he copulated with 9
out of 10 receptive females, more than any other male
in the group. Females also frequently initiated the
copulation with Whitey, approximately 60 percent
more often than with the other males in the group.
These findings arouse a number of nagging
questions. Why would an adult female belonging to
a highly intelligent and emotional species allow her
infant to me mercilessly murdered, and why would
she feel compelled to follow her infant's death by
mating with its killer? These profound questions
have yet to bg answered, but they certainly reinforce
the mysterious aspects of infanticide. They also
remind scientists that there remains much progress to
be made in determining its causes and consequences.
Despite the questions raised by the red coIobus
females’ attraction to Whitey, the data are undeniable.
It is the consensus among scientists that social
bonding plays a subordinate role to reproductive
advantage in species where it has been witnessed
(Leland et al. 1984).
Competition For Resources Hypothesis
The Competition for Resources hypothesis has
also raised considerable interest among students of
infanticide. This hypothesis predicts that "the death
of an infant will, on average, result in increased
access to resources for the killer and his descendants
(Leland et al. 1984)." As straightforward as this
prediction may initially seem, it is accompanied by
several stipulations that make its documentation quite
difficult. First, it must be determined that a resource
is actually limited. Secondly, it must be shown that
infanticide increases the infanticidal individual's
access to the resource (Hausfater and Hrdy 1984).
Evidence From House Sparrows
Competition for resources may explain infanticide
by adult female.s in the house sparrow (Passer
domesticus). According to JelT Hecht (1990). female
house sparrows may kill other adult females' nestlings

53

�bees, undersized and malnourished males are a
nutritional and social burden on the colony (Fisher
1990). Although how queen bees recognize the sex of
larvae is unknown, they clearly are making decisions
on larval infanticide based on gender.
Parental Manipulation of Offspring
to Increase Their Own Fitness
Another possible explanation for infanticidal
behavior is that it is a consequence of parents’
manipulation of their offspring to increa.se their own
fitness. Evidence for this proposal comes from the
observation of female lions and grizzly bears, which
have a reputation for abandoning small litters of
seemingly healthy cubs and investing in only larger
litters (Packey and Pusey 1984). Given that the
average litter size for lions and bears is two to three
cubs, it might be an unnecessary exhaustion of both
the mother's energy and time to invest in a single cub
when she could instead prove more efficient and
reproductively successful with several.
Evidence From Brown Hyenas
Brown hyenas (Hyena brunnea) also illustrate how
mothers in particular use infanticide to further their
own fitness. Hyenas generally live in clans with more
than one breeding female, but births within a given
group are conventionally spaced so that only one
female gives birth to cubs at any given time. If, by
extraordinary coincidence, two females in the same
group happen to give birth at approximately the same
time, the dominant of the two females will
occasionally commit infanticide by badgering the
other until she ceases caring for her own young. In
cases where this behavior was observed, the
subordinate female ended up helping the infanticidal
female raise her cubs. This behavioral pattern may
represent an adaptive strategy by the infanticidal
female (Packer and Pusey 1984). She not only
maintains her solitary breeding status among the
pack, but also deceives the subordinate female into
devoting her own energies and resources into caring
for her young.
Cannibalism
Often seen as a secondary repercussion of sexually
selected infanticide by adult males is cannibalism, in

because they are in fierce competition for parental
help in rearing their young. Evidently, the females
that kill the nestlings of other females sparrows are
often the "second wives" of bigamous males. Male
house sparrows prefer to help in the rearing of their
primary mate's young. However, when a secondary
female kills his primary mate’s nestlings, the male
then provides parental care for her infants.
Evidence From Bumble Bees
Another study supporting this hypothesis deals
with infanticide in the form of larval ejection form the
brood of bumble bees (Bombus terresiris). Several
possible explanations for this behavior have been
postulated. Larval ejection is most likely associated
with the production of both male and queen bees, and
possibly serves in preventing the production of
undersized sexuals and individuals (males) that
consume food but do not gather it. This may be
especially true in colonies limited in food resources
and parental care (Fisher 1990).
In an effort to test the effect of larval sex on the
tendency of queen bees to commit infanticide, the
response of bumble bee queens to foreign larvae was
tested. Male larvae were placed in 7 recipient nests
and female larvae into 16 recipient nests. In 6 out of
the 7 nests that received male larvae, the resident
queens responded by ejecting the male larvae, and
destroying the egg cells along with their contents
which were present at the time of larval transfer. The
queens, however, did not eject larvae, nor destroy egg
cells with near this frequency in the nests that
received female (worker) larvae (Fisher 1990).
Fisher concluded from this evidence that queen bees
do indeed respond specifically to the presence of male
larvae, often resolving the situation through
infanticide.
Infanticide by queen bumble bees involves several
potentially adaptive strategies. By destroying male
larvae, she is not only increasing food availability and
adult size attained by the survivors, but also
preventing a wasted long term investment in the
developing males, who due to restricted resources
would be destined to lose in later competition for
access to mating queens. Unlike undersized worker

54

�which case the infanticidal individual both kills and
consumes the infant. But in Ihirteen-lined ground
squirrels, males do not kill to bring females into estrus
as the sexual selection hypothesis predicts. Rather,
they take advantage of the mothers' absence to gain a
high-protein meal (Vestal 1991). Cannibalistic
infanticide has also been observed in numerous
species of forest primates and is likewise presumed to
serve a.s a high-protein food source during times of
increased breeding activity (Leland et al. 1984).
Population Regulation Hypothesis
It has been suggested that infanticide in many
species of non-human primates and rodents may be
an attempt to control population density. The
Population Regulation hypothesis of infanticide is
controversial. The controversy surrounding this
theory stems from its discarding of the relatively
concrete sexual selection hypothesis, and its proposal
that infanticide plays an important role in population
dynamics. However, there have been several isolated
incidents where infanticide seems to have played a
population-limiting role. For instance, Svare and
Mann (cited by Brooks 1984) have implicated
infanticide in the population control of rodents, and
Koshkina and Korotkov (Brooks 1984) concluded
that young olTspring were killed by adults in a species
of red vole (Clelhrinomy,s ratilus) as a means of
population management.
Although the population regulation
hypothesis may have some valid points, it is limited
by several conditions. First, it fails to explain the
frequent occurrence of infanticide in populations of
extremely low density, e.g. the blue monkey
(Cercopitherus milis stuhlmanni). Secondly, it relies
heavily on the concept of group selection which is not
supported by convincing data (Leland et al. 1984).
Social Pathology Hypothesis
All the above hypotheses have had one central
idea in common: the conceptualization of infanticide
as a mechanism that increa.ses the overall fitness of an
individual, or, as in the case of the population density
theory, the fitness of the species a.s a whole. The
Social Pathology hypothesis, however, suggests
infanticide is an individually maladaptive behavior.

Infanticide, according to this explanation, decreases
the fitness of the infanticidal individual.
Evidence for this theory comes form the
infanticidal behavior exhibited by males of common
langur monkeys (Presbytis enntellus). Mainly due to
the research and findings of Sarah Hardy, male
infanticidal behavior in langurs has traditionally been
perceived as a result of sexual selection. Evidence
supporting sexual selection as the cause includes the
following observations: infant loss by female langurs
causes an early return to estrus; male langurs avoid
killing their own offspring or close relatives (Boggess
1984). Infanticide in langurs has also been observed
to occur just after male-band attacks.
It has also been hypothesized, however, that male
langurs kill infants immediately following entrance
into a new band because they are reacting with
generalized aggression to a seemingly intense contlict
situation (Boggess 1984). This would imply that the
male langurs are not really killing the infants
purposefully, but unintentionally as a casualty of
their generalized aggression.
The hypothesis that infanticide occurs as a side
effect of male generalized aggression is a plausible
one. However, faced with Hrdy's relatively concrete
documentation supporting sexual selection, it remains
rather weak. If it were true, infants should be killed
only during limes of male coalition takeovers, when
tension among adult males is at its peak. Evidence
suggests, however, that this conclusion remains
suspect. For instance, sludie.s on langurs in Dharwar
have reported the death of several infants after
stabilization of adult male membership within the
group. This stabilization prior to the infanticide
negates the possibility of infant death as a result of
generalized aggression (Boggess 1984).
Conclusion
Obviously, there is controversy over the causes of
infanticide. While the African lions and Red deer
lend strong support for the sexual selection
hypothesis, some species of forest primates like he
red coIobus monkey provide evidence for social
bonding as an incentive for infanticide. The
competition for resources and cannibalism

55

�Iiyppthejips, wel} the suggesiipn
inffUlhJ-IrfP
pccpf§ 19
p«pHla|iop ^‘^psify wppin q specjes.
all provide alternate explanations for infanticidal
behavior.
In past years it has been thought, mainly due to
lack of documentation, that infanticide occurred in
only a few, isolated species. In many cases, reasons
for its occurrence were unknown. Now, infanticidal
behavior is thought of less and less as an aberrant.

hfh^iYiPF’ ‘iPFl wiifi
frpflHPPpy
pHrppsef'Hl. (pt|iyidHi||ly adaptive s|fi|fpgy.
Although it seems as though infanticide occurs for
different reasons in different species, from insects to
primates, it can be logically concluded that while
these animals have innumerable characteristics and
evolutionary strategies that are different, many find
common ground with each other through the adaptive
value of infanticide.

Works Cited
Bartos. L. and J. Madlafousek. 1994. tnfanlicide in a seasonal breeder ihe case for lhe red deer. Animal Behaviour 47: 217-

219.

Boggess. J. 1984. Infant killing and male reproductive strategies in langurs {Presbyiis eniellus). tn Infanticide: cimparative
and evaliirianary perspectives. G. Hausfater and S.B. Hrdy (eds.). Aldine Publishing Company, Hawthorne, N.Y.. p. 283310.

Brooks, R.J.

1984. Causes and consequences of infanticide in populations of rodents, in Infanticide: campfirative and

evolutumary perspectives. G. Hausfater and S.B. Hrdy (eds.). Aldine Publishing Company, Hawthorne, N.Y., p. 331-

348.
Fisher, R.M. 1990. Sex discrimination and infanticide by queens of lhe bumble bee Bambus lermsiris. Animal Behaviour 39:
801-802.

Hecht, J. 1984. Killer sparrows. Ne Scientist 126:31.
Hausfater. G. and S.B. Hrdy. 1984. Infanticide: comparative and evolutionary perspectives. Aldine Publishing Company.
Hawthorne. N.Y.p. 598.

Leland, L. and T.T. Struhsaker and T.M. Butynski. 1984. Infanticide by adult males in three primate species of the Kibale
Forest, Uganda: a test of hypotheses. In Infanticide: comparative and evoliitionaiy perspectives. G. Hausfater and S.B.
Hrdy (eds.). Aldine Publishing Coi.ipany, Hawthorne, N.Y., P. 151-172.

Packer, C. and A.E. Pusey. 1984. Infanticide in carnivores. In Infanticide: comparative and evolutionary perspectives. G.
Hausfater and S. B. Hrdy (eds.). Aldine Publishing Company, Hawthorne, N.Y, p. 31 -42.

Vestal. B.M. 1991. Infanticide and cannibalism by male ihirteen-lined ground squirrels. Animal Behaviour4l: 1103-1104.

56

�c

Motion for
Third Party Complaint
By Jo Hadley
Course: Civil Procedure
Instructor: Mary Kubichek
Assignment: The assignment required drafting a motion to join an additional party to an
already existing lawsuit. An integral part of the assignment required the inclusion of supporting
documents to the motion.

MIRANDA DOMINGUEZ
Plaintiff,
V.
SCOTTS FOOD STORES, INC
Defendant

State of Wyoming
County of Natrona
Seventh Judicial District Court

Civil Action No. 71-4683

57

�State of Wyoming
County of Natrona
Seventh Judicial District Court

MOTION i OR THIRD PARTY COMPLAINT
Pursuant to Rule 19 of the Wyoming Rules of
Civil Procedure, Scott's Food Stores, Inc. by and
through its attorney, Robert L. Livingston, moves
the court to:
1. Authorize Defendant to file a Third Party
Complaint in this action on the ground it is
necessary for Defendant to state a cause of
action against Ralph Johnson and to join him
as Third Party Defendant herein to ensure
complete relief will be accorded among those
already parties to this action.
2. This motion is based on the pleadings and
records filed to date with the court together
with the attached affidavit in support of the
motion filed herewith.

Civil Action No. 71-4683
MIRANDA DOMINGUEZ
Plaintiff,
V.
SCOTT S FOOD STORES. INC.,
Defendant
AFFIDAVIT OF TOM BALL IN SUPPORT OF
MOTION FOR THIRD PARTY COMPLAINT

I, Tom Ball, being first duly sworn, depose and
say:
1. 1 am the registered agent and general manager
for Scott's Food Stores, Inc., the defendant in
this action, and am acquainted with the facts
in this case, and have personal knowledge of
the matter set forth in this affidavit.
2. 1 make this affidavit in support of the Motion
for Third Party Complaint.
3. I held the position of registered agent general
manager at all times mentioned in the
complaint filed in this action.
4. On or about May 7, 1995, Ralph Johnson was
employed as store manager for Scott’s Food
Stores, Inc. at its Store No. 14, located at 1100
Quitman, Casper, Wyoming.
5. Mr. Johnson, in his capacity as store manager,
has the duty to provide a safe and conducive
environment to the business invitees of Scott’s
Food Store No. 14.
6. Mr. Johnson had been informed by the
assistant store manager. Erath Pittston, of the
condition of the grocery carts at the Scott
Food Store No. 14 on April 9, 1995, April 24,
1995 and May 5, 1995. Mr. Johnson had been
notified in writing by store work-order
#00712, on April 24, 1995 that the carts were
in a bad state of repair and difficult to remove
from the cart storage rack.
7. Mr. Johnson did not remove grocery carts

DATED this___ day of October, 1995.
Scott's Food Stores, Inc.

Robert L. Livingston
Attorney for Defendant
First City National Bank Bldg.
Casper, WY 82676
(307) 555-7878
(307) 555-8787 fax
CERTIFICATE OF SERVICE

I hereby certify that on the__ day of October,
1995, a true and correct copy of the above and
foregoing Motion for Third-Party Complaint has
been forwarded by U.S. Postal Service, postage
prepaid and addressed to:

Mr. Steven T. Elder
Attorney at Law
Suite 412 First Savings Building
Casper, WY 82601
Robert L. Livingston

58

�Scott's Food Stores, Inc.

from customer service in response to the
assistant manager's notification of condition.
8. Mr. Johnson had the authority and the
responsibility to provide for the care and
maintenance of grocery carts at Scott’s Food
Store No. 14. Mr. Johnson failed to remove
grocery carts in a poor state of repair from
customer service, and he failed to make
necessary repairs to the cart storage rack to
facilitate cart removal by customers.
9. Mr. Johnson breached the standard duty of
care to business invitees of Scott's Food
Stores by not storing grocery carts in a
manner which would allow them to be pulled
away from the cart rack without difficulty in
violation of Scott’s Food Stores, Inc.
corporate policies.
10. Mr. Johnson failed to follow corporate
policy governing cart storage and repair
protocols.
11. On May 9, 1995 Mr. Johnson's
employment with Scott’s Food Stores, Inc.
was terminated for cause based on the above
referenced factors.

Robert L. Livingston
Attorney for DeTendant
First City National Bank Bldg.
Casper. WY 82676
(307) 555-7878
(307) 555-8787 fax

CERTIFICATE OF SERVICE

I hereby certify that on the__ day of October.
1995. a true and correct copy of the above and
foregoing Motion for Third-Party Complaint has
been forwarded by U.S. Postal Service, postage
prepaid and addressed to:

Mr. Steven T. Elder
Attorney at Law
Suite 412 First Savings Building
Casper, WY 82601

Robert L. Livingston

FURTHER, your Affiant sayeth naught.

Dominguez v. Scott's Foods
Affidavit

Tom Ball

STATE OF WYOMING

)
)ss.
COUNTY OF NATRONA )

SUBSCRIBED in my presence and sworn to
before me by Tom Ball this __ day of October,
1995.
Witness my hand and official seal.
Notary Public

My commission Expires:
DATED this_ day of October, 1995.

59

�Nursing Care:
Opportunities and Trends
By Sara Lilley
Course: Issues in Nursing Practice
Instructor: Judith Turner
Assignment:
Write a short research paper on a topic covered in this course. Include
bibliography or reference list to support the data.

The nursing profession is a dynamic career,
constantly growing and changing. Health care reform,
emphasis on preventive medicine and technological
advances contribute to its growth and change. The
nursing profession is being reinvented and challenged
while continuing to incorporate the traditional roles of
caregiver, teacher and advocate. This change is
rellected in the numerou.s opportunities available for
nurses now and in the future.
This paper will describe prospects of various
nursing positions and qualifications needed for these
positions. Future trends and non-traditional
opportunitie.s will also be addressed.

In discussing employment opportunities in
"Nursing Today: Transitions and Trends," Zerwekh
and Claborn state. "The largest employers are
hospitals and acute care facilities" (339). Included in
this group are nurse anesthetists, who administer
"more than 1/2 of all anesthesia in the U.S." (Balkie
2). This specialty is the oldest nursing specialty and
was begun in the 1800s. It requires two to three years
of study in addition Io a BSN. current RN license and
one year's experience in acute care nursing and a
national certification examination. CRNAs may work
autonomously or be associated with a physician
anesthesiologist or health care facility in the operating
60

�room or outpatient surgery clinic (2).
Other hospital positions include staff nurse,
charge nurse, infection control nurse, director or vice
president of nursing and house supervisor. The staff
nurse, who may need a BSN, has extensive technical
skills and directs and plans patient care (Zerwekh
and Clabom 341). A charge nurse position may also
require a BSN. The infection control nurse
establishes policies and identifies trends and sources
for infection control throughout the institution.
The director of nursing or vice president of
nursing has more responsibility in the overall
management of the facility. Budget planning, goal­
setting, hiring and firing of management personnel
and input on the philosophical mission of the
institution come under the director of nursing's
jurisdiction. A Master's degree or even a Doctoral
degree is the usual qualification, along with previous
management experience (342).
Financial and budget matters in some cases are
assigned to a Director of Nursing Finance (DNF).
"This position... plans, directs and organizes the
capital and operating budgets for the nursing
division" (Jacoby, et al 49). In addition, the DNF
may handle all of the department's financial matters,
such as preparing cost analyzes, coordinating special
projects, giving educational and inservice programs,
and budgeting capital equipment expenditures (51).
A Master's degree and a background in finance,
nursing or accounting is required in most facilities.
An article in Nursing AHminictmrinn^Qiia^rly
(Hartsen et al 23) describes the role of unit nurse”
manager in an acute care medical center.
Responsibilities include structuring systems for
patient care to increase productivity and reduce
costs, dealing with complex technology and a diverse
work force. Leadership style involves "extroversion,
initiative, ability to act, emotional balance, self­
confidence" (24) and sociability.
Home health care services are an emerging form
of treatment delivery requiring an increasingly larger
number of nursing professionals. Nurses provide
care in an alternative setting which is usually
preferred to institutionalization for the chronically

61

debilitated clients or those recovering from acute
illness. Home health nurses can help a family plan
for quality of life for the patient and adjust as the
client's care needs change. "Nurses in home
care...have a focus on the family as well as the
individual..." (Keating 89). A holistic approach to the
assessment of the primary caregiver and the client
insures the quality of life.
Close relationships are formed between the home
health care nurse and the family which usually create
a "more independent, creative and satisfying model of
nursing" (Jacoby 24). Entry level requirement to a
home health position is usually at least one year or
more experience in an acute care setting for the RN.
The current trend of discharging patients from
acute care hospitals quicker and sicker has created a
need for hospital-based skilled nursing facilities
(SNF) for care. In this setting, nurses are an integral
part of a multidisciplinary team that assists patient
and family to provide rehabilitation and a "level of
independence that would otherwise be unlikely"
(Michota 64). Nurses at a SNF plan goals, coordinate
nursing and other disciplines for the patient and
"practice the kind of nursing they were taught" (65).
Nursing services also include assessment and
observation, development management and
evaluation of a care plan, as well as rehabilitative
nursing procedures. No educational or previous
experience requirements were listed for this type of
position.
ases a
A clinical nurse soecialis
caseload of clients with complex needs" in the
Integrated Health Care Delivery System (Jacoby 37).
The CNS functions as case manager, educator,
consultant and researcher. The position also includes
coordinating agency services and working to improve
patient and family outcomes in conjunction with the
health care team. As a case manager, the CNS reviews
the care the client receives, assesses alternatives and
helps integrate the patient back into the community
setting. A CNS title requires a Master's degree in
nursing and a certification exam in her/his specialty.
Changing trends in health care lead to various
innovative nursing positions. Emergency room nurses

�who are caught in staff restructuring are encouraged
to seek employment in telephone triage systems. In
telephone triage, nurses provide symptom
management and health information, as well as
reassurance to the patients. HMOs promote this type
of health care as it reduces costs by keeping patients
out of the emergency room unless absolutely
necessary. Five years of clinical experience in
hands-on physical assessment and triage skills
qualify a nurse for this position. Excellent
communication abilities, knowledge of resource
information and caring and compassion are needed
by the telephone-triage nurse. Some facilities also
require computer literacy and typing skills.
Nurses may also consider the position of legal
nurse consultant or even study to become nurse
attorneys. To do medical-legal consultations, law
firms and other agencies do not require a law degree
or paralegal training but knowledge of civil
litigation is necessary. Nurse attorneys need to earn
a juris doctor or JD degree (Horsley 55).

A RN from Arlington, Massachusetts,
recommends an innovative alternative career in
paramedical esthetics. After being involved in a
restructuring move, she took a six month training
course and is qualified to prepare clients for plastic
surgery and other medical treatments such as
chemical peels and dermabrasion (Kaper 9).
Managed care, hospital restructuring, recruitment
of unlicensed assistive personnel and an abundance
of recently graduated "new" nurses predict vast
changes in the nursing workforce. The wide variety
of possibilities described above reflect the creativity
and growth of the nursing profession. These
possibilities also point to critical needs of the nurse
today-education and experience. The individual
nurse who wants to continue in the profession must
regroup and develop a broad outlook for new
opportunities. A desire and commitment to learn
new tasks and to obtain higher education will assist
the professional nurse to keep up with the dynamic
changes and trends of the future.

Works Cited
Balkie, F.W., RN, MBA. "Career Spotlight on Nurse Anesthesia." The American Nursing Student Fall, 1995:2.
Editors. "Job Security: Clearing Away the Myths." Nursing 95 25:6 (1995):46-47.

Fiesta. Janine. "Home Care Liability-Part I." Nursing Management 26:11 (I995):24, 26.
Hansen, Helen E., PhD, RN, CNAA, et al. "Nurse Manager Personal Traits and Leadership Characteristics."
Nursing Administration Quarterly 19:4 (1995):23-28.
Hoi^TevTfacIfT-JD "Ontions for Nurses Who Are Bitten by
R'lg "PMS«-h (I995):55.

Jacoby, Allison G., et al. "A CNS Integrated Health Care Delivery System Model." Nursing Management
26:11 (1995):37-38,40.
Janowski, Mary Jane, RN, MA. "Is Telephone Triage Calling You?" AJN 95-.9 (1995);59-60,62.

Kaper, Maureen, RN. "Looking for a New Career Path?" RN 58:7 (1995);9.
Keating. Sarah B. "Quality-of-Life Issues in Home Care." Geriatric Nursing 16:2 (1995):89-91.
Michota, Sharon, RN-C, BA. "A Hospital-based Skilled Nursing Facility: A Special Place to Care for the
Elderly." Geriatric Nursing 16:2 (l995):64-66.

Zachry, Benny R.. Gilbert, Richard L. and Gragg, Meg. "Director of Nursing Finance: Controlling Health Care
Costs." Nursing Management 26:11 (I995):49-51.53.

Zerwekh, JoAnn and Clabom, Jo Carol. Nursing Today: Transition and Trends. Philadelphia: Saunders, 1994.

62

�Computer Assisted Instruction
By Beverly Czerniak
Course: Computers in Health Care
Instructor: Janice Traylor
Assignment: The student was to write about an issue related to Health Care Computing.

active form of learning well suited to teaching nursing
students. Linear video is the more traditional
technology of videotaped programs shown in
sequence without intenuplion.
Yoder (1994) divided students by style of learning
based on two dimensions: the concrete-abstract
continuum and the active experimenting-reflective
continuum. By placing these two continua on
dissecting axes, the learners were divided into four
groups. The deciding factor for preferred learning
styles proved to be the experimenting "hands-on"
approach a.s opposed to the reflective observer,
regardless of their abstract/concrete learning styles.
The best testing results were with active­
experimenters learning with CAIVI.

With the market for Computer Assisted Instruction
(CAI) exploding into healthcare fields the assumption
Is often that technology aids in increased learning
across the board. There also is a misconception that
anything produced for computer instruction is
innately good. This paper is a superficial examination
of research conducted to determine the value of CAI
and more specifically Computer Assisted Interactive
Video Instruction (CAIVI) in nursing programs.
A limited initial study (Yoder, 1994) of preferred
learning styles and the use of educational technology
examined the results of CAIVI vs. linear video
instruction on student learning. CAIVI proponents
suggest a combination of interaction and video
improves cognitive and psychomotor learning - an

63

�The next best results were reflective observers
learning from linear videos, followed by active
experimenters with linear video and the poorest
results being reflective observers using CAIVI
(Yoder, 1994).
Yixler (1994) concludes that not all students learn
best with CAIVI and that learning style interacts with
the method of instruction to affect learning. In this
study the majority of the students were active
experimenters and with nursing being a "hands-on"
field there is obvious value in CAIVI.
Walker and Ross (1995) proposed that CAIVI is a
more effective way to practice Therapeutic
Communication than role playing or audiotaped
interviews. In using actors, the result was a more
realistic use of verbal and nonverbal cues in
numerous settings. For example, the nurse sounds
involved but is too busy to give the patient her full
attention. The student viewing this interaction can see
the disappointed look on the patient's face. This use of
active observational skills stimulates critical thinking
in assessing problems in relationships. Other
choreographed interactions included nurse/doctor,
nurse/staff, and nurse/family situations.
In research involving disadvantaged nursing
students (Andris and Sykes, 1995) educators
capitalized on the interactive component of CAIVI by
designing software to be as interactive as possible.
Each question had a tutorial button that, when
clicked, took the student back to the exact place in the
text where the answer could be found, then returned
to the question for another chance.
In a study to determine the effect of software
design on CAI use, Thede (1994) listed several
suggestions to enhance learning: include immediate
feedback on questions, telling why an answer was
wrong, and the rationale for the correct answer. Any
simulated interactions need to connect with real life.
Content need.s to be truly interactive and allow for
selective review of material. The final suggestion was
to keep the information concise - stick to the basics.

Thede (1994) also polled students for their
concerns about using CAI. The primary concern was
the need to know if using the CAI was an efficient use
of their study time, was the information valuable, and
would they be tested on the material covered. Another
request was for hardcopy of the material for review
purposes at a later date. Their final concerns were for
variety in approach and for help in overcoming
computer fear in the form of a computer lab assistant
to answer questions.
Thede's (1994) conclusion was that, to promote
CAI use, there had to be easy access to the computers,
adequate help scheduled for assisting computer
neophytes and faculty promotion of the value of CAI.
In implementing these suggestions at Rutger's
University, the voluntary use of CAI rose from 10%
to virtually 100% by basing test questions cm CAI
material.
Based on the information from these studies, I am
convinced of the value of Computer Assisted
Instruction, especially when there is opportunity for
learner interaction, appropriate feedback to reinforce
correct answers and to displace incorrect responses,
and the ability to review material easily whether on
screen or hardcopy. This style of teaching is
especially valuable for nursing, which is a "hands on"
occupation. Using as much sensory input as possible,
e.g. visual, auditory and kinesthetic, can only enhance
retention of important information and skills. The
obvious concern with CAI is the availability of high
quality software that fulfills the needs of both student
and course objectives. Currently, there is a limited
amount of research data available to influence
software designers and an equally limited number of
software designers with a strong background in
nursing. There are also problems in having computer
illiterate nursing educators buying software from a
catalog. I agree with the information in these studies.
Computer Assisted Interactive Video Instruction is
valuable because it offers an advantage over more
traditional approaches of technical instruction.

64

�References

Andris, J. E, &amp; Sykes, R. K. (1995). Faculty authoring of course-specific software for
disadvantaged nursing students using Linkway: A case study. Computers in Nursing 3(2), 71-79.

Thede, L. ()., et al. (1994). Computer assisted instruction: A learner's viewpointJournal of Nursing
Education. 33(7). 299-305.
Walker, D., &amp; Ross, J. M. (1995). Therapeutic Computing; Teaching therapeutic communication
utilizing a video disk. Computers in Nursing. 4(3), 103-108.

Yoder, M. E. (1994). Preferred learning style and educational technology. Nursing and Health
Care. 15(3), 128-32.

65

�Symmetry and M. C. Escher
By Tamiko Matney
Course: Problem Solving
Instructor: Susan Nelson
Assignment: Students were asked to write a one or two page report of a math topic from the

Problem Solving class. It could be a topic of their choice, but math related.

The great mathematician Hermann Weyl once said
that "symmetry... is one idea by which man through
the ages has tried to comprehend and create order,
beauty, and perfection." Traditional symmetry can be
infonnally defined as a characteristic of an object that
looks exactly the same when seen from two or more
different perspectives. Symmetry is an abstract
concept that has intrigued mathematicians,
naturalists, musicians, writers, physicists, and artists
for decades. Perhaps the most popular symmetrical
artist of modem times is M. C. Escher. This Dutch
artist proved through the popularity of his work that
symmetry can intrigue interest in the general public.
Maurits Cornelius Escher was bom on June 17,
1898, in Leeuwarden, Netherlands. This shy young
man was a poor student who had to repeal several

grades. The bright spot in Escher's life was his knack
for art. However. Escher's engineer father desired that
his son would receive sound scientific training.
In 1919, a distraught young Escher entered the
School of Architecture and Decorative Arts in
Haarlem. Shortly after arriving to study architecture,
Escher met S. Jessarun de Mesquila, a graphic artist.
Mesquita soon encouraged Escher to change course
from architecture to the decorative arts. Mesquita
became a close friend and a great influence on
Escher's development as a graphic artist.
Escher quickly developed a passion for woodcut.
Although a keen student, Escher was certainly not a
"true" artist. An official college report read that "he
(Escher) is too tight, too literary-philosophical, a
young man too lacking in feeling." So in 1922, Escher
66

�left art school and spent several weeks traveling
through southern Italy with friends. He then look a
position as a "nursemaid" to the children ot a family
traveling to Spain. During these travels. Escher
developed an admiration for the structure and design
of buildings in these areas. He also began drawing
many landscapes.
Escher eventually returned to Italy where he met
Jetta Umiker and married her in 1924. Two years
later, their first son, George, was bom and the family
moved into a larger dwelling that included a fourth
floor studio. Escher would often say that the studio
was the first place where he could work in peace.
During this lime in Escher’s life, the undiscovered
artist took to wandering in search of intriguing
landscapes to draw. On one of these trips, Escher wa.s
arrested and falsely accused of murdering the king of
Italy. Later on. Escher would again be wrongly
arrested, this lime for spying on Spain. Maybe it was
Escher's odd mannerisms that made this eccentric
artist prone to such suspicion.
Escher remained financially dependent on his
parents for a large part of his adult life. It was not until
1951 that Escher received any monetary income from
his prints.
In 1935, Escher and his family left the political
strife of Mussolini's Italy and moved to Switzerland.
However, this move was short-lived due to the
"horrible white misery of snow." Escher made a deal
with a cargo shipping company to exchange his prints
for passageway aboard their ships. Finally in 1937,
Escher's family set up permanent residence in
Belgium. At this point, Escher's style of art began to
dramatically evolve from realistic pictorial
landscapes to the mathematical realm of symmetry
and structure.
Lastly, Escher and his wife moved to Holland in
1941. Escher died on March 27, 1972, in a home for
elderly artists. Throughout these thirty years, Escher
never cea.sed to produce prints on a regular basis.

A women once rang me up and said, "Mr.
Escher, I am absolutely crazy about your work.
In your print Reptiles you have given such a
striking illustration of reincarnation." I replied,
"Madam, if that's the way you see it, so be it."
As is common with great artists, admirers often
made arbitrary interpretations of Escher's work. In
response, the cynical artist replied, "I have never
attempted to depict anything mystic; what some
people claim to be mysterious is nothing more than a
conscious or unconscious deceit! I have played a lot
of tricks, and I have had a fine old time expressing
concepts in visual terms, with no other aim than to
find out way,s of putting them on to paper. All I am
doing in my prints is to offer a report of my
discoveries." However, despite Escher's disclaimer, it
would be nearly imfK)ssible for one to deny a strange
and intriguing aura about his work.
Escher’s unusual use of spatial structure and flat
surface structure has brought criticism from the art
community. On the other hand, mathematicians and
physicists worldwide have applauded Escher as a
mathematical genius. In response to this unexpected
flattery. Escher replied, "I never got a pass mark in
math. The funny thing is I seem to latch on to
mathematical theories without realizing what is
happening... Fancy me consorting with all these
learned folk, a.s though I were their long-lost brother.
I guess they are quite unaware of the fact that I'm
ignorant about the whole thing."
One of Escher’s most famous prints is a drawing of
a hand that appears to be drawing another hand.
Escher took pride in using his drawings to deceive his
viewers. In this case - making a two dimensional
piece of paper appear to be three dimensional!
Another example of this deception is the drawing ol
three "apparent" spheres that are really flat circles.
Escher was truly a mathematician, visionary and
artist who has given mankind a closer look into
another world - the world of symmetry.

67

�Works Cited
Emsl, Bruno. The Magic Mirror of M. C. E.tcher. New York: Bulluntine Books. 1976.

Escher. M. C.. The Graphic Work ofM.C. Escher. New York: Hawthorne Books. 1961 Tannenbaum. Peter and Arnold. RtAert. Excuixionx in Modem Maiheinaticx (2nd edition). Englewood Clih's, N J: Prentice Hall, Inc., 1995.

68

�Spring 1996

�</text>
                </elementText>
              </elementTextContainer>
            </element>
          </elementContainer>
        </elementSet>
      </elementSetContainer>
    </file>
  </fileContainer>
  <collection collectionId="212">
    <elementSetContainer>
      <elementSet elementSetId="1">
        <name>Dublin Core</name>
        <description>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/.</description>
        <elementContainer>
          <element elementId="50">
            <name>Title</name>
            <description>A name given to the resource</description>
            <elementTextContainer>
              <elementText elementTextId="85473">
                <text>Casper College Challenge </text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="47">
            <name>Rights</name>
            <description>Information about rights held in and over the resource</description>
            <elementTextContainer>
              <elementText elementTextId="85474">
                <text>&lt;a href="http://rightsstatements.org/vocab/InC/1.0/"&gt;http://rightsstatements.org/vocab/InC/1.0/&lt;/a&gt;</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="41">
            <name>Description</name>
            <description>An account of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="85475">
                <text>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.</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="51">
            <name>Type</name>
            <description>The nature or genre of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="85476">
                <text>Text</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="39">
            <name>Creator</name>
            <description>An entity primarily responsible for making the resource</description>
            <elementTextContainer>
              <elementText elementTextId="85477">
                <text>Casper College</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="44">
            <name>Language</name>
            <description>A language of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="85478">
                <text>ENG</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="43">
            <name>Identifier</name>
            <description>An unambiguous reference to the resource within a given context</description>
            <elementTextContainer>
              <elementText elementTextId="85479">
                <text>CCA 04.ii.1996.01_Challenge</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="42">
            <name>Format</name>
            <description>The file format, physical medium, or dimensions of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="85480">
                <text>PDF</text>
              </elementText>
            </elementTextContainer>
          </element>
        </elementContainer>
      </elementSet>
    </elementSetContainer>
  </collection>
  <itemType itemTypeId="1">
    <name>Text</name>
    <description>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.</description>
    <elementContainer>
      <element elementId="7">
        <name>Original Format</name>
        <description>The type of object, such as painting, sculpture, paper, photo, and additional data</description>
        <elementTextContainer>
          <elementText elementTextId="85588">
            <text>Print publication</text>
          </elementText>
        </elementTextContainer>
      </element>
    </elementContainer>
  </itemType>
  <elementSetContainer>
    <elementSet elementSetId="1">
      <name>Dublin Core</name>
      <description>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/.</description>
      <elementContainer>
        <element elementId="50">
          <name>Title</name>
          <description>A name given to the resource</description>
          <elementTextContainer>
            <elementText elementTextId="85578">
              <text>1996 Challenge</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="47">
          <name>Rights</name>
          <description>Information about rights held in and over the resource</description>
          <elementTextContainer>
            <elementText elementTextId="85579">
              <text>&lt;a href="http://rightsstatements.org/vocab/InC/1.0/"&gt;http://rightsstatements.org/vocab/InC/1.0/&lt;/a&gt;</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="56">
          <name>Date Created</name>
          <description>Date of creation of the resource.</description>
          <elementTextContainer>
            <elementText elementTextId="85580">
              <text>1996</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="41">
          <name>Description</name>
          <description>An account of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="85581">
              <text>1996 issue of Challenge, a publication of Casper College student writing from across the curriculum but outside of writing-specific courses.</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="51">
          <name>Type</name>
          <description>The nature or genre of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="85582">
              <text>Text</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="39">
          <name>Creator</name>
          <description>An entity primarily responsible for making the resource</description>
          <elementTextContainer>
            <elementText elementTextId="85583">
              <text>Casper College</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="44">
          <name>Language</name>
          <description>A language of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="85584">
              <text>ENG</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="70">
          <name>Is Part Of</name>
          <description>A related resource in which the described resource is physically or logically included.</description>
          <elementTextContainer>
            <elementText elementTextId="85585">
              <text>Casper College Challenge, CCA 04.ii.1996.01 WyCaC US. Casper College Archives and Special Collections.</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="43">
          <name>Identifier</name>
          <description>An unambiguous reference to the resource within a given context</description>
          <elementTextContainer>
            <elementText elementTextId="85586">
              <text>CCA 04.ii.1996.01_Challenge_1996</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="42">
          <name>Format</name>
          <description>The file format, physical medium, or dimensions of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="85587">
              <text>PDF</text>
            </elementText>
          </elementTextContainer>
        </element>
      </elementContainer>
    </elementSet>
  </elementSetContainer>
</item>
