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                    <text>CASPER
\CASPIK CtUEBi

WYOMING^

Chulenbi

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

�Challenge
liv
Published at Casper Community College
Casper, Wyoming 82601
February 1 ‘»90
Copyright by Casper Community College

�Challenge: 1990
Table of Contents

Historical Adventures with Dr. Wolzgang
Centers and Civilizations

Michael Weiss

13

Teri M. Hutchinson...................................................................................................

16

.........................................

19

.....................................................

23

..........................................

24

................................................

25

Mary Carrick...............................

26

.....................

30

..................................................................................

33

Brian Murphy

Stacy Brown

Daniel Jordan Hand Buhn
Carol Ann Green.
A Critical Look at Massacre at Fall Creek

Food for Thought: The Images of Christina Rossetti

Response to James J. Kelly

Dusk Anderson

Cheryl Collums '

The Effect of Exclusive Language on Third Grade Children Joleen A. Borgerding
Speech Outlines

10

..................................................................

Origins of Chinese Medicine
Poems

5

................................................................

..................................................

Carol Bitzenhofer

A Psycho-Social Evaluation of Dracula
A Time for Change

Alison Briley

Julie Regan

Lois Bringham

............

....................

..................................................

Cover design executed by Eric Valdez

35
44
46

�Introduction
Casper College is pleased lo prcscnl the fourth issue of Challenge, a magazine lo honor
excellence. As a display medium for academic endeavor. Challenge solicits superior
examples of student writing from all college disciplines; our purpose is lo illustrate both
the breadth and depth of course work on our campus. Instructors have selected
representative writing from their courses, and, though wc do not include pieces from
writing classes, we encourage all forms: exams, reports, essays, term papers. This issue
represents work submitted in response lo the call for papers for two semesters, spring
1989 and fall 1989.
Arlene Larson, editor
Casper College
Casper, Wyoming
Spring, 1990

BPFCtAl COtLFCTONS
CASPCR COlitQE .-PSA»V

�Historical Adventures
with Dr. Wolzgang
By Alison Briley
Course: German Literature in Translation
Instructor: Paul Wolz
Assignment: Write a brief paper giving the reader insight into an author, a movement, or a work frwn German
literature. You may wish to compare authors, movements or works.

One bright, November day in German Literature,
my thoughts pulled rein from a lecture on
minnesingers, not to daydream about a few of my
favorite things like cherry cheesecake, curling up
next to a crackling fire with a good book, or even
shopping for new shoes. Instead, I had briefly
peeked at a pattern that seemed to recur in German
history. Even though my notion was only a
seedling of an idea, I was excited because I could
see its potential for a paper. I had not read much
about German history from the 2OO's to the 18(X)'s,
so I thought the ideas I was beginning to form were

original with me. A few lectures later, to my
chagrin, I learned that others, like Hegel, had
already talked about history progressing in ways
similar to lhe repeating patters I had discovered, so
I decided to discard my ideas for my paper.
However, when I explained my disappointment to
my German Literature professor, Herr Wolz, he
told me not to be discouraged and to go right ahead
with my idea for my paper. So I did! For fun and
for clarity, my argument will be explained by Dr.
Wolzgang, a fictitious character. Dr. Wolzgang, a
retired German Literature professor, has a wife.

5

�Hilda Wolzgang, who was also a icacher, and two
sons, both of whom arc home for Christmas break
from college. Dr. Wolzgang is dclighietl Christmas
evening after the festivities have subsided and his
two sons ask him to talk about motifs in German
history. Tickled pink. Dr. Wolzgang pours a
steamy mug of cocoa, settles deep into his favorite
overstuffed armchair, and takes a deep breath, all of
which indicate that he is willing to talk as long as
he has an attentive audience.
“Boys,” Dr. Wolzgang begins, “let me tell you
about a pattern that repeats itself in German history
from one period to the next. Each period has
political, religious, intellectual, social, or
ideological issues central to it. The issues a period
is preoccupied with change over time. These
changes are transitional rather than abrupt and arc
often a mixture of the preceding period's ideas and
the developing thoughts of the next period.
Whatever is going on in a preceding period is
usually a hint at what the people will react against
that will start the development of a new period.
The reactions, whether political, religious,
intellectual, social, or ideological, arc usually
encouraged by prominent figures and are reflected
in art or literature. The reactions often occur
because the ideas of the preceding period did not
answer pertinent questions that the people of that
age were concerned with. To demonstrate this
pattern that repeats itself, let's begin with the
Germanic age, cover the Medieval Age,
Reformation, Age of Reason, Enlightenment, Age
of Romance, and end with the Age of Realism.”
“Keep in mind,” Dr. Wolzgang continues, “these
periods, transitions, and reactions that result in a
new period arc not pure, structured, static
categories. Labels just help to clarify and give
some semblance of a beginning and end.”
Chuckling, Dr. Wolzgang reaches for a sugar
cookie and then continues, “Understanding the
pattern is a lot like trying to figure out your mother.
You know, sometimes I just can't understand some
of the things she docs and says. Most of the time,
however, I can, even enough to make some
predictions about how she will act. .. shhhhhhh . .

. I had better be quiet. I can see the door ajar to the
reading room where she i.s busy working on a
project.”
Returning his attention to his two sons. Dr.
Wolzgang comments, “Now, I don’t want to
intimidate you two, especially since you arc in
college now—and am I glad of that—but I think I
will briefly explain exactly what I will talk about
when I discuss each period, its transition, and what
happened to result in a new age. If I include
everything that could be Siiid, we would be here 'till
the morning sun shines and the cock crows. First, 1
will quickly describe the age I am talking about.
Then, I will discuss one question or one idea­
cither political, religious, intellectual, social, or
ideological—that was important during that age.
Even though there arc several examples of
prominent figures, works of art, or pieces of
literature that reflect the question or idea that I
choose to talk about, I will discuss only one.
Finally, I will describe the transition from that age
to the next, emphasizing that it is either a mutation,
reaction, mixture, foundation, or two or more of
these.”
Portraying the Germanic Age, Dr. Wolzgang
says, “Even though much of history for this period
has to be conjectured since it was not written down
at the time, it could still be described as brief,
nasty, and brutish. In short, barbarians had to be
good with a sword and a horse. To protect
themselves against other warring tribes, the
warriors, wearing leather armor and carrying long
swords, would ch(K)se a Ictidcr from among the best
fighters to lead them in times of war. People lived
in clans and governed themselves by customary
law. They could be described as pagan, concerned
with surviving, and especially impressed with
courage, honor, and hospitality, all ideologies
important to them. Remember when I had you two
read ‘The Lay of Hilderbrand’ when you were in
about the eighth grade? That work superbly
exemplifies barbaric warriors fighting with courage
and honor. Unfortunately, much of the literature
that reflects ideologies central to this age were
burned because they were considered pagan, or
6

�were jusl nol wrillen down since people were
illilerate.”
After consuming another sugar cookie. Dr.
Wolzgang continues, “Leaving the Germanic Age,
there is a definite mixing of characteristics from the
barbarians with those who will dominate that next
period, the High Middle Ages from 1000 to the
1400‘s. There arc hybrids of pagan with
Christianity and chivalry and warriors with knighLs.
The Lay of the Nihelengunlied, Germany’s first
long epic poem like England's Beowolf, has scenes,
themes, and characters that represent this mixing of
characteristics. For instance, Siegfried, one of the
central characters, is a chivalric knight while
Hagan, his enemy, is more like a barbarous warrior
from the Germanic Age.”
Describing the High Middle Ages, Dr. Wolzgang
speaks on, “The years from about 1000 to 14(K) are
called the High Middle Ages, and the period had
characteristics, like Christianity, courage, and
honor, that I hinted at when I described the mixing
transition from the Germanic Age. Now, these
characteristics, as well as several new ones, arc
dominant. I think it is easy to describe the people
of the period as ‘those who work,’ the peasants,
‘those who pray,’ the monks, and ‘those who fight,’
the nobility. The society of the nobles was held
together with bonds of personal loyally and
payments of homage and fealty while the peasants
paid the nobility in kind or in shares of crops in
return for protection. Much of Europe al this lime
was being ‘Christianized’ by traveling monks. This
description is brief, bul it is enough for our purpose
tonight. Now, I want to talk about a social and
religious ideal that was very imporiani lo mctlicval
peoples; that is chivalric knighthood. Knights were
usually Christians marked by honor, generosity,
courage, and courtesy, especially to women. The
knights esteemed minne, a courtly love that was
virtuous, innocent, and platonic.”
Grinning, Dr. Wolzgang commented, “Minne is
what I fell for your mother when I first laid cyc.s on
her eating a hot dog and drinking a milkshake in
the school cafeteria. I had dated several girls but
none of them compared lo your mom. From afar.

the whole next semester I admired her and
agonized over asking her for a dale. I am sure glad
I got the intestinal fortitude lo do so, because I
talked her into marrying me!” Dr. Wolzgang,
stacking the cards in his favor, paid his compliment
quite loudly, knowing full well the door was
cracked to the reading room where his wife
worked. He hoped his remarks would iinpres.s his
loving wife enough so that later when he requested
his favorite dutch apple pie, she would be glad lo
make it.
Eyes still twinkling. Dr. Wolzgang went on, “Von
Hagenau, a minnesinger, wrote poetry that reflects
the ideas that go along with courtly love and
chivalry in lines like these, ‘Even so, I try every’
day I serve her . . . she was a lady of upright life.’
Remember, in progressing from the Germanic Age
lo this period, I talked about mixing characteristics.
Instead, I will now give you an example of how
courtly love will mutate into sexual love. Contrast
Von Hagenau's line lo the more physical, sexual
themes in Vogelweide’s poem when he writes,
‘Under the lime-tree by the common, where we two
had our bed, you can find flowers and grass both
neatly picked; at the edge of the forest in the dell—
Did he kiss me ... I should think about a thousand
limes. See how red my mouth is
Sitting closer on the edge of his chair, his checks
slightly flushed. Dr. Wolzgang encourages his sons
lo refill their glasses and their tummies. When they
return he also feels refreshed and is raring to
proceed. “Now, that Likes us lo the Reformation in
Germany, from about the 1400's lo the 160()'s,
which is synonymous to the Renaissance that is
going on in other parts of Europe. During this
period, there is the development and rise of a
middle class called 'the burgers,' a diminishing of
communal ideas and feudalism, a rejection of
Church dogma and tradition, the rise of secularism,
individualism, and humanism, as well as more
money and more time which encouraged all these
plus the age of crafts. A question that was of great
concern, and dealt with extensively by Marlin
Lulher, was that of the relationship between faith
and works. Martin Luther was also an important
7

�figure because his iranslaiion of lhe Lalin Vulgate
into German, along with lhe invcniion of
Guttenberg's moveable type, encouraged literacy,
questioning Catholic tradition, and a consolidation
of one German language. So far I have talked
about a hybrid of characteristics and a mutation.
Now, I would like to talk about a reaction and a
foundation. Many of the things I described that
were going on in lhe Reformation were a strong
reaction to what had been going on during the Dark
Ages. Not only are they a reaction though, but they
are also a foundation for the Age of Reason and for
lhe Enlightenment.”
Going on. Dr. Wolzgang describes the Age of
Reason claiming, "The age, also known as
absolutism or rationalism, is a reaction to the
impact of the science revolution and lhe church’s
telling people what to do and what to think. The
ideology central to the age is: Man can reason for
himself. The ideas of lhe lime were influenced by
philosophers like John Locke who extensively
discussed society over nature.”
Proceeding to lhe Enlightenment, Dr. Wolzgang
says, “Remember earlier that I said lhe
Reformation was laying a foundation for the next
two ages. Well, it did, along ^iih the Age of
Reason. The Enlightenment, an inheritance of
these two ages, is permeated with social and
intellectual thoughts of individualism and
progressivism. Probably lhe most important figure
of this lime would be Lessing, who is considered
lhe father of modern German literature. He ushers
in the Golden Age of Literature and persuades
Germans to borrow writing styles from the English
and not lhe French since both languages have lhe
same origin. After Lessing there is a lot more
writing going on, especially didactic and polar, so it
will be harder to narrow my choice down to one
example.” Winking at his two sons. Dr. Wolzgang
laughingly reassures them he will try to keep
everything simple still.
Continuing, Dr. Wolzgang remarks, “The
Romantic Age, around the 1800's, is a vehement
rebellion against reasoning and rationalism. Many
claimed that human beings were also sensitive and

emotional. Goethe was a master at lyrical p(x;lry,
verse with or without form, that created strong
feeling and emotion in a reader. You boys had
mentioned in one of your letters that Faust was one
of your favorite books that you read this semester.
Didn't some of lhe passages sweep you away
emotionally because they were so fluid and
rhythmic?”
“Well, boys,” Dr. Wolzgang exclaims, "we have
progressed from the Germanic Age to the Age of
Realism.
There was an outcry against
Romanticism now. People were saying that life is
not all feeling, rather there is reality too.
Romanticism had not answered all their questions
and problems, and one could look around al life
and sec that much of life was sad, hard, and very
unromantic. Heinrich Heine wrote poems that
exemplify ihe transition from the Age of Romance
to this realistic period. For instance, in his poem
‘The Lorelei’ Heine creates the romantic feeling
and image in its beginning but at lhe end bursts the
bubble with reality when the young boatman dies.
This is reality, he was saying, just as many of lhe
people were claiming.”
Getting that mischlevious twinkle in his eye
again. Dr. Wolzgang says, “Reminds me of your
mom and me after we were married. We both had
glowing expectations, fond hopes, and romantic
ideas about how life would l)c on the other side of
‘I do.’ Within lhe first twenty four hours, to my
horror, your mother had loaded the dishwasher
wrong. She had not taken advantage of every ncxik
and cranny, and even worse she had loaded the
cups facing north and south rather than cast and
west. Then, to add insult lo injury, when I pulled
open my dresser drawers to gel a pair of socks,
your mother had rolled my socks up into light, little
wads that looked like balls of yam, instead of just
tucking lhe two lops of the socks together so they
do not lose their shape. Now, to be fair lo your
mom, I will tell you one of her horror stories about
me, that is if I can remember one. Oh yes, how
could I ever forget the lime she came huffing and
puffing out of the bathroom accusing me of putting
lhe toilet paper on backward. I wa.s aghasl--I had

8

�never considered there being a right or wrong way
to replenish toilet paper. I revealed this thought to
your mom, and for the next twenty minutes she
gave me a lengthy, detailed dissertation on how to
correctly load the dumb apparatus next time. So,
much like the realists, your mom and I both
realized that life is not always peaches and cream.”
Dr. Wolzgang had told these stories to his two sons
in a quiet voice, rather than his regular booming
one, so that he would not upset Hilda. He wanted
her to have the compliment he had made earlier in
the evening to be ringing in her ears so he would
get his dutch apple pie.
His voice raised again, Dr. Wolzgang wrapped up
his explanation. “Well, boys, that is a brief
description of a pattern that seems to occur in
German history from the Germanic Age to the Age
of Realism. 1 could continue these themes right up
until the 198()’s, and I could go into much more
detail, but I think that you both could sec the motif.
Just remember that the periods arc not static,
confined times, but are rather fluid and changing.
Each new age occurred after transitions that had
mutations, mixtures, foundations, or reactions or a
combination of these that culminated in the new
age. One last interesting reminder is to note that
reactions often occurred because the ideas of a
particular age could not solve immediate problems
or questions. For instance, the Romantics saw that
people had emotions and were not all rationale.

Furthermore, Germany was politically concerned
with serious issues of reunification. Because of
these two ideas, people were forced by reality to
admit that life had problems and was not always
romantic and emotional. So, it seems that Realism
then went to an extreme, based on the emerging
ideas of Darwin and heredity. However, these ideii.s
could not solve all their problems cither. Anyway I
am getting kind of deep and off the subject. What
do you know? It is twelve o'clock already, so I had
better hand this paper back over to Alison.”
Dr, Wolzgang's comments are intriguing to
contemplate and fascinating to play with because
they exemplify the intricate, detailed explanations
that go into explaining events in human history. By
writing this paper, I could greatly appreciate this. I
could also start to see that history can be looked at
as a whole and not just fragmented pieces of
information. In other words, I synthesized a lol of
small bits of information—Do you think Bloom
would give me a pal on the back? Finally, I was
excited to learn that Hegel had talked about ideas
similar to mine. However, his ideas, applied by
Marx to communism, said that history's thesis and
antithesis would synthesize in the ideal slate-communism. As we arc seeing now, this did not
happen. As a Christian, I do not think there will be
a perfect synthesis of patterns in history, unless it is
Heaven!

9

�Centers and Civilizations
By Carol Bitzenhofer
Course: Philosophical Issues
Instructor: Dr. Robert K. Carlson
Assignment: I-or this exam, write an essay in which you discuss the following quotation as it applies to three
books we studied this semester, each of which represents one of the three philosophical views of Iivc---pagan,
medieval and modem: “While Pagan and Medieval man had a 'center' to their lives, Mtxlem man has lost the
center in his life. This has resulted in the fragmentation of life for Modem man on all levels: religious, moral,
political, and so forth, which leads to anxiety, despair and the general feeling that life is meaningless and
absurd."

“While pagan and medieval man had a ‘center’
to their lives, modern man has lost the center in his
life. This has resulted in the fragmentation of life
for modern man on all levels: religious, moral,
political, and so forth, which leads to anxiety,
despair and the general feeling that life is
meaningless and absurd.” Particular cultures have
certain ways of looking at things, certain attitudes
in common as regards how and why the universe is.
These altitudes affect all spheres of human life and,

unless intervention occurs, are self perpetuating.
Consciously or not we are each of us products of
our particular cultural environments and these
environments vary by design or its lack. As Hilaire
Bollock says, "The whole of a human group is
given its savor and character by the spirit which
thus inhabits it." So it is necessary to define the
"spirit" centering pagan and medieval man before
describing the loss of values al ihc heart of mrxlcrn
culture.

10

�I. The Pagan Center
“Without the gods
a man or city can do nothing.
Only God knows everything, and man
suffers for what he dews.” {Simonides,
Accomplishments, 11. 1-4)
“they are not dead, for their courage raises them in
glory
from the rooms of Hell.” (Simonides, On the
Lakedaimonians Fallen at Flataia, 11.4-8)

and men were out of joint. Gods represented a
power incomprehensible, unattainable and often
inimical to humans. Juno's unabated fury toward
Aeneas was not reasonable. And god of gods,
ruling all implacably, was a cruel and alien fate
with values indifferent to particular men. Thu.s
gods and men tracked parallel destinies without a
common point upon which everyman might meet
and reconcile a harmoniously eternal existence with
his gods. Aeneas' progeny suffered this "doubtful
doom" through the time of heroes, kings, and
emperors to the dying of Jove's promise to Venus.
Then Rome, decadent, moribund and desperate
from a thousand years of corruption and habit,
found only annihilation on its spiritual horizon.

Socrates said that “man is a rational animal” and
upon this premise pagan culture centered its highest
virtue. Pursuit of knowledge txjcame paramount
and its mastery the celebration and crowning glory
of the pagan world. But what is reason precisely?
It “has to do with finding the ground of being and
the fundamental structuring of order in the universe
. .. and of course what destroys reason is passion.”
(Campbell, The Power of Myth, pp. 28-29). Thus
certain ancients, while mastering passion, put their
minds to work on the world and ordered a great
civilization. Men like Aeneas, who was facing
seven years of chaotic seas, nightmare monsters
and awful omens or burning with Dido’.s love "in a
furnace of desire" or walking “Pluto's realm” to see
his “dear posterity,” could have finally surrendered
to fear, passion or weariness but did not. Aeneas
and others like him who engineered pagan
civilization had an overriding purpose to which
they were totally committed and which they faced
with a courage and fortitude undaunted by suffering
or death. Aeneas' destiny, “the site of his city, and
safe harboring/For his gods in Lalium,” centered
him, enabled him to master his emotions and order
his environment, and made him great. He
demonstrated the essence of Greek heroism, the
pursuit of honor through excellent action both
physically and menially. But as Rome's founder,
Aeneas molded this heroism into the Roman sense
of duly, “there is the fatherland that 1 must love,”
and thereby earned his fame.
But if man attains his highest nature when ruled
by reason, the gods need follow no such rule.
Though gods were created in man's image, god.s

II. The Medieval Center
“Death be not proud, though some have called ihcc
Mighty and dreadful, for thou art not so;
For those who thou think'st thou dost overthrow
Die not, poor Death, nor yet canst thou kill me.
(Donne, Divine Ptxjms, Sonnet 10, 1-4)
Mankind despaired al the end of pagan
civilization when suddenly revelation graced its dry
rationality. Christ came, God/man and the Way by
which all people could find a home with Divinity.
The fleeting fame of a select few was replaced with
a great promise for “Everyman” who chose a life
enacted upon faith. Sure hope and purpose
flowered since one could reconcile with God.
Indeed the true purpose of any life was Its
participation in God's life after bodily death. Thus
one’s actions should be ordered to effect that end.
Man herein found the essential and absolute center
about which all revolves. He found God benign,
accepting and In perfect accord with his essential
self, his soul. Thus thirty odd pilgrims gathered a
spring evening at the Tabard Inn in Southwark. A
motley group from life's three estates, bound by a
faith centered upon and ordered to a common end.
Chaucer's pilgrimage to the shrine of Thomas a
Becket metaphorically symbolized man's journey
from birth through death to the bciilific vision for
those who by active faith merited eternal bliss.

11

�Thus a prioress “full syinple and coy” tolerated an
unbearable vulgar miller with “mouth as greet was
as a greet fomeys,” and a friar calling a summoncr
“Leeve brother with a feend” was “quiled” by a
summoner's rejoinder that “Out of the dcvcis ers
thcr gonne dryve/ Twenty thousand freer in route”
rather than the dissolution of their common
purpose. Quite simply their goal was absolute and
greater than any one of them. It was a healing of
their myriad sins and imperfections so that they
would attain true happiness in God.

immediate gratification, less his will, his reason, his
feeling, in a word meaningless. Mcursault has no
connection with others:
“Marie ... asked me if I wanted to marry her.
I said it didn't make any difference to me”
or, “I explained to him, however, that my
nature was such that my physical needs
often got in the way of my feelings. The
day I buried Maman, I was very tired”
or about his murder of the Arab, “I had
never been able to truly feel remorse for
anything. My mind was always on what
wa,s coining next.”
He has no connections with his self:
“for the first time in months, I distinctly
heard the sound of my own voice. I
recognized it as ihc same one that had been
ringing in my cars for many long days”
or al his trial, “I had the odd impression of
being watched by myself.”
He exists without meaning or purpose in a world
where “familiar paths traced in summer skies could
lead as easily lo prison as to the sleep of the
innocent,” a world of absurdities.
If we arc the “hollow men,” we are also ihc
anxious. We look around for a grounding in solid
values and everywhere the sands shift beneath our
feel. Sometimes a glimmer upon the horizon
promises some new answer, some Jim Jones or
scientific panacea but it's “just a form shimmering
before (our) eyes in the fircy air,” just a searing
sterility invading our human souls. Then we
despair because we know that “the emptiness of a
man's heart becomes ... an abyss threatening to
swallow up society.” Perhaps it is loo late, maybe
the “bell lolls” for our species as a whole; perhaps
we have failed our God as husbandmen of lhe
world driven by arrogance and the desire lo
dominate and so deserve our fate. We can only
hope in our fevered twilight hours that we come lo
our senses as Dante did when in his “gloomy wood,
astray” and rediscover our connections lo each
other, our planet and our God. I for one believe
this possible.

III. Modem Alienation
“Turning and turning in the widening gyre
The falcon cannot hear the falconer:
Things fall apart; the center cannot hold;
Mere anarchy is loosed upon the world,
The blood-dimmed tide is looscd^nd everywhere
The ceremony of innocence is drowned;
(Yeats, The Second Coming, 11. 1-6)
Something perverse occurred in the seventeenth
century. God through a process of scientific
reductionism was stripped of all qualities, reduced
to the quantitative and measurable, transformed
into a “mechanical philosophy.” Fact and value
split and fact became mistakenly confused as the
measure of value. Humans became observers
rather than participants in their own experiences,
resulting in a deep fragmentation of psychic
integrity. As Morris Berman says in The
Reenchanlmenl Of the World, "Scientific
consciousness is alienated consciousness . . .
Subject and object arc always seen in opposition ...
I am not my experiences, and thus not really a part
of the world around me. The logical end point of
this world view i.s a feeling of total reification:
everything is an object, alien not-me; and I am
ultimately an object loo, an alienated 'thing' in a
world of other, equally meaningless things” (p. 3).
So man becomes a race of Meursaulls existing on a
level devoid of his God, his reason, his passions,
existing only in the fact that he is now sleepy or
hungry or horny, not existing beyond this
12

�A Psycho-Social Evaluation
of Dracula
By Michael Weiss
Course: Child Psychology
Instruclor: Dr. Ruth Doyle

This paper was a final exam in response to these directions: Write your own test question about a child or
person and answer the question in an articulate manner, citing examples from the text by page to substantiate
your answer. It is necessary to cite support of the answer with examples from different parts of the text to
exhibit your familiarity and use of the text. Also make reference to the two charts you developed in class.

raided, murdered and pillaged in many of the
villages in the area. From 1443 till 1448 Dracula
and his younger brother, Radu, were imprisoned as
hostages by the Ottoman Empire. During this lime
Dracula was known for torturing small animals that
hi.s guards would bring him. In 1447, his father and
older brother were killed by assassins and in 1448
Dracula began his first of three reigns.
In the next 25 years, until hi.s death in 1476,
Dracula developed a reputation for extreme cruelty.

Vlad Tepes, also known as Dracula, was born in
Sighisoara, Transylvania, now part of Romania, in
1431 (McNally and Florescu, 1972). His father
was Prince of Wallachia, also part of present day
Romania. Almost nothing is known about
Dracula's mother. Dracula spent his early life being
trained in the military arts. In 1438, Dracula, his
father, and his older brother accompanied Sultan
Murad, a Turkish ruler in an expedition across
Transylvania. Along the way, the expedition

13

�In one episode, he had 20,000 Turkish prisoners
impaled while he and his henchmen dined amid
them. He was married twice; his first wife
committing suicide in 1462. He also had several
mistresses, of whom al least two he had killcxl and
mutilated for being unfaithful. During hi.s three
reigns, it is estimated that he had over 100,000
people killed. He was extremely vain and often
had people killed for the slightest imagined insult.
Dracula could also be very generous to those to
whom he look a liking. He gave many gifts to
those who pleased him. He was a very capable
military leader, defeating larger invading forces
several limes in his career. He was also responsible
for ihc conslruclion of many monasteries and
churches. Dracula had such an impact in
Transylvania that Brain Stoker decided to use him
as his vampire in his novel, written 400 years later.

begins Concrete Operations. This means lhal
Dracula was beginning lo understand logic as he
watched people being killed for little or no reason.
This is also an age lhal one Icarn.s to understand
other people's feelings (Text, p. 391). All this
means lhal, al an age when modern children are
learning lo read, Dracula was watching people
being killed and learning from that experience.
The second significant event that shaped
Dracula's life happened when he was twelve. Al
this time, he and his brother were taken as hosutges
by the Ottoman Empire. While adolescence was
not considered a distinct stage of life by most
traditional societies (Text, p.43O), it could still be
considered a major time of change by most
developmental theories. According to Piaget, this
is the lime when one begins abstract operations
(C.P. chart). This would mean lhal while
imprisoned, Dracula was attaining abstract and
detluctive reasoning. Piaget argues lhal the shift lo
abstract “formal” levels of thought has some very
profound implications on an adolescent's emotional
life (Text, p.457). This means lhal al a lime when
Dracula was advancing to a higher level of
reasoning, he was in a situation where his life could
end al any moment. Il is little wonder lhal he
would consider life a cheap commodity.

The Question
Using the text and the charts, outline the life of
Dracula from childhood to death.

Major Events In His Life
When looking al the life of Dracula, one needs to
remember that he grew up in an age and culture
completely different from our own. However, if
the theories lhal we studied in class are truly
universal, one should be able to apply them lo
anybody, from any age or culture.
While very little is known about Dracula’s
childhood, there is one event lhal has been recorded
and probably had a major influence on his life. At
age seven, he was part of an expedition lhal
murdered, burned and pillaged its way across
Transylvania. Age seven is a critical age.
Considered the delicate year (C.P. chart), it is a year
in which one has a great deal of intellectual growth.
It is also when one, according to Havighurst (C.P.
chart), starts developing a conscience, morality and
values. It is an age that many cultures treat
children as small adults (Text, p. 357). This is the
lime lhal, according to Piaget (C.P. chart), a child

The Theories
When one examines Dracula's life using
Kolberg's Moral Theory, it is obviou.s that he did
not advance higher than level two: personal needs
and satisfaction. To Dracula, life wa.s short and
worth very little. He didn't worry about
conforming lo any set of rules, other than taking
care of his own needs first. While it could be
argued that this was a particularly violent era, it
should also be poinictl out lhal the same culture and
era prorluccd Marlin Luther, St. Thomas Aquinas
and many others who achieved cither level five or
six of Kohberg's theory.
To examine Dracula’s life with Piaget’s theory,
one needs to remember that, as mentioned earlier,
some significant events in his life happened at ages

14

�Piagcl fell were very important, llial these events
happened while Dracula was achieving concrete
and formal operations may have had major effects
on how he lived his life. One would assume that,
because of Dracula’s demonstrated ability as a
military commander and the creative forms of
torture and death that he administered, he had a
fairly high level of intelligence.
Erikson might have found Dracula of particular
interest. While we know nothing of Dracula's early
life, it is obvious that during Erikson's first stage,
Trust versus Mistrust, he wa.s left distrustful of
others for the rest of his life. On level two.
Autonomy versus Shame, it i.s likely that Dracula
never was allowed to gain any self-esteem. This
can be surmised by his treatment of others as an
adult. When Dracula reached level three. Initiative
versus Guilt, it is obviou.s that he never developed
any kind of conscience. When Dracula reached
level four. Accomplishment versus Inferiority, he
was probably able to achieve some level of
accomplishment, if for no other reason than he
found he was very good al death. In the next stage,
Identity versus Role Confusion. Dracula achieved a
sense of who he was. Unfortunately, the identity he
chose was that of a monster. When going through
the next level, Intimacy versus Isolation, it is
doubtful that he was able to have a intimate
relationship with anyone. This can be substantiated
by his relationship with both of his wives and his
numerous mistresses. Il would be difficult to guess

where Dracula ended up on Erikson's theory
because of the violent way he lived and died;
however, it is doubtful dial he was able to die with
any integrity.
To examine Dracula's life using Maslow's theory,
one could assume that most of his life was spent
attempting to fulfill basic needs. It is doubtful that
he was ever in a position to achieve any of the
higher levels, because he never had any kind of
security in his life.

Conclusions
Dracula was not a nice person (this was written
with longue firmly in check). He was responsible
for terrorizing, torturing and killing a very large
number of people. However, one is able to
understand to a certain extent why he was what he
was.
I chose this subject for two reasons. First, if the
theories that wc were taught are valid, I should be
able to apply them to anyone. What this means i.s
that ihc question tests both myself and the course.
Since I was able to apply the theories to a person
who was a complete monster and was born 500
years ago in a completely different culture, I can
assume that the theories can be applied to just
about anyone. This means that the information
presented is valuable and something I can use.
Second, if 1 was able to apply the theories properly,
then I did my part in the learning process.

References
Skolntck, Arlene S. (1986). The Psychology of Human Development. Orlando. Florida: llarcoun Brace

Javonovich

McNally. R.T. and Florescu, R. (1972). In Search of Dracula. New York: Galahad Books.

15

�A Time for Change
By Teri M. Hutchinson
Course: American Literature I
Instructor: Carolyn Logan
The assignmenl was to read one of the authors in an assigned bibliography, then write a paper to consider the
following questions: Should this writer—because of her ideas or her skill as a writer—lx; included in the canon of
American literature? Should students of literature be as familiar with this writer as with writers usually
anthologized, writers usually considered the mainstays of American writing? What dimension docs this writer add
to our study of American literature? Do you recommend that we read the author you chose? Why or why rtol?

Women have for loo long been ignored as
credible historians, philosophers, intellcctualists
and writers. It is lime for this to change. Mercy
Olis Warren's “History of the Rise, Progress and
Termination of the American Revolution” should
be included in the study of American literature
because of her style and because of the book's
content. Under the heading of style, I will discuss
sentence structure, metaphors, diction and a
recurring theme. As I consider content, I will
include the author's credibility and the book's

historical value.
Warren poetically crafts sentences to lighten the
factual tone of her story and provide a little ironic
emphasis. “It is there the choicest flowers of fame
may be culled to crown the memory of Wolfe and
Montgomery” (267). Here she combines
alliteration and rhyme. “The .splendor of diadem,
the purple of princes or the pride of power” (178) is
another sentence Warren crafts for sound. One
example of ironic emphasis is “it may be proper to
observe that general Arnold extricated himself in a
16

�remarkable manner ... and lived to be distinguished
through the American war. for his bravery and
address, hi.s activity, and his villany” (271). After
building up this war hero, she ends a sentence and a
chapter with “and his villany.” We all know of the
fate of Benedict Arnold.
Warren's metaphors arc simple and she uses them
sparingly as a device to illustrate particular points.
One point Warren brings up is that not all
Americans in the eighteenth century wanted to
completely break with England. “The seeds of
separation were sown” (176) and “independence
was a plant of of later growth” (54) arc two way.s
she metaphorically illustrates this idea. She
describes America as “the dutiful child” (302) of
Britain and a thought flashes in my mind-children
eventually grow up and move out! The key here is
“eventually.” Warren also refers to America as
being “in the infancy of emancipation” (300),
furthering the idea that America, al this lime, i.s
only a child growing steadily toward independence.
1 think there is a gross misconception on the part of
many young people that Independence was a
Glorious Revelation suddenly manifested in 1776.
With a few clever metaphors, Warren shows this
not to be the case.
Warren's book, as do all history books, contains
some bias and a persuasive lone that I see
evidenced particularly in her diction. Warren
obviously despises power and wealth because of its
“intoxicating nature” (230). “The moral sense (is)
weakened by the sudden acquisition of wealth and
power (and) humanity is obscured” (2). Whenever
she gets on the subject of power, “tyranny,” “lust,”
“arbitrary,” “ruin,” and “depredation” appear. She
calls those in power, particularly the English,
“obnoxious characters” (96), “evil” (66), “useless
persons” (286) and “barbarous strangers” (283).
She calls Americans the “prey” (39) of the British
Parliament and “slaves of arbitrary power” (177).
One last incident I would like to mention i.s
Warren's description of a man who tells Governor
Hutchinson of a secret meeting of the currently
outlawed House of Rcprescnlaiives in Boston.
Warren deems this man a “sycophant” (137)—not a

“spy,” not an “informant, but rather an “ass-kisser.”
The most prevalent characteristic of Warren’s
style is her use of a recurring theme.
The love of domination and an uncontrolled
lust for arbitrary power have been equally
conspicuous in the decline of Roman virtue,
and the dark pages of British sloy. Il was these
principles that overturned that ancient republic.
It was these principles that frequently involved
England in civil feuds. Il was the rcsisuincc to
them that broul one of their monarchs to the
block, and struck another from his throne. It
was the prevalence of them that drove the first
settlers from elegant habitations... to the cold,
uncultivated western world (5).
In my notes 1 have a list of over 40 page numbers
that include pan of this idea of the oppression of
individual freedom and human rights. On the
majority of these pages her language i.s parallel,
such as: watchful guardians of American freedom
(37) and “the vigilant guardians of the rights of
man” (99), “the rightrs of human nature” (4), “the
hereditary love of freedom” (41) and “the spirit of
freedom” persuasive device. With it, she is
presenting and proving that the American
revolution occurred because Americans were
subject to arbitrary power and that the nature of
humans is to be free and self-sovereign. I think her
theory is based on a philosophical perspective that
people can be oppressed and ignored only for so
long. There will come a time when upheaval and
change arc the only aliemalive. The first patriots
were “armed in the cause of justice” (185) fighting
for “privileges they considered as grants from
heaven” (229).
I think Warren's sentence structures, metaphors,
diction and use of recurring theme effectively craft
a persuasive argument for the individual freedom of
humans a.s the cause of the American revolution. I
did not, in this volume, find a significant mention
of the French involvement in America's eventual
rupture with England. The French government,
whose support the colonists desperately needed, put
a condition on their military and financial aid—
America had to formally declare independence. Il
17

�is now documented fact that al the same lime
Franklin, John Adams, Patrick Henry, Governor
Jefferson was drafting the Declaration of Hutchinson and John Hancock. Warren had access
Independence, Brikiin sent a peace commission to to an incredible diversity of information and
America with plans of offering them everything desired no political advantage in writing herstory
they wanted except independence. The crux of all
and is a credible author.
this is that Warren chose certain events and
Next, when considering content for historical
described them in such a way as to support her own
value, I am obliged to mention three aspects of the
opinions. She constructs herstory very well
revolution that Warren brings to the surface. First,
because although she leaves out some things, she
the notion that all Americans were eager for war
brings to light new circumstances that give me and independence is wrong. “From the beginning
fresh insight to history. This leads me to the of the grand contest, the lamp of liberty had not
second reason why I believe this book should be
burnt so brightly in New York, New Jersey and
included in the study of American literature: The
Pennsylvania” (301). There were the “timid. .
author's credibility and the book's hcrslorical value.
.lovers of case” who were afraid of the “ravages of
“Connected by nature, friendship, and every
war” (301). These people also argued against a
social tie with many of the first patrioLs. . .on die standing army for reasons I now can grasp after
continent.. .and with several gentleman abroad... I
reading this herstory. Second, the British,
had the best means of information” (iii).
specifically Colonel Johnson, attempted to motivate
This is how Warren, very early on, establishes
Indian involvement by inviting them “to drink the
herself as credible. She “neither hopes nor fears,
blood and feast on the body of any Bostonian”
nor has any interest in, the success or failure of any
(251). Third and most interesting, the British also
party” (v). She later writes that “truth requires a “had the inhumanity to offer freedom to any Black
just portrait” (78). Several times while reading this slave” (201) that would rise up and kill their
book I found myself wondering how she could master.
have known all these details and intimacies about
I believe that Mercy Olis Warren’s “History of the
people’s actions and characters. I was answered
Rise, Progress and Termination of the American
lime and again by her footnotes and references to Revolution" should be included in the anthologies
the appendix. Often the footnotes would read “this of Traditional American Literature because of her
information was verbally transcribed to the author.”
style, including sentence structure, metaphors,
Also in the footnotes she cited various sources such
diction and a recurring image and because of
as the “British Annual Register,” pamphlets, content, including the author’s credibility and the
journals. Congressional and Parliamentary records
new hcrslorical insights she provides.
and actual letters and conversations with Ben

Work Cited
Warren. Mcr^ Otis. The History of the Rise. Progress and Termination

18

the American Revolutian. Boston: Manning and Ix)ring,

�Origins of Chinese Medicine
By Brian Murphy
Course: Seminar in the /lumanilies
Instructor: Marianne North
Assignmenl; To write a five to lai page research paper on a topic related to the theme of the 1989 I lumanilies
Festival; Nonwestem Influences on Western Thought.

Many areas of our cullure have been influenced
by nonwcslern cultures. Numerous ideas and
inventions have their origins in foreign countries.
Art, literature, music, and religion are only a few
areas that influence our country. Another area
which has been affected by foreign countries is the
field of medicine, and a country which has greatly
influenced medicine's growth is China.
An important contribution China has given the
rest of the world is the use of acupuncture to treat
sickness and disease. Acupuncture has recently
grown in popularity in America and is not much
different than when it was first developed.
According to one writer, "the tradition of
acupuncture is based on the belief that life forces

flow through the human body and disease results
when the forces become out of balance" (Lasagna
101). Acupuncture involves "the insertion of
needles of various materials and shapes into
particular points of the body" (Lasagna 103). The
needles were usually made of steel, the same
material used in acupuncture today. The process of
acupuncture is said to bring relief from various
problems such as back pain, asthma, and
headaches. Skeptics of acupuncture believe the
technique is "unscientific." In contrast, Dr. T.
Nakayama writes:
Is it possible to consider ancient Chinese
medicine as a real science? This is a
troublesome question. To the modems, indeed.

19

�there seems nothing scientific about it. On the
contrary, it is covered with a prehistoric mystic
patina, and sometimes appears to be scarcely
comprehensible. Nevertheless, when one is
aware of its great therapeutic efficacity, one
cannot deny its value. (Nakayama!)
Today, acupuncture is used in Asia as well as many
European countries, and its popularity is growing
throughout the world.
Another Chinese contribution includes the use of
herbs for curing sickness. The Chinese believed
herbs contained magical ingredients that helped
sick people regain their health (Dimond 37). A
popular herb people used was called ginseng.
Westerners began to us ginseng to improve their
health.
The Chinese believe herbs can cure almost any
type of sickness. As a matter of fact, most doctors
in China use herbs instead of drugs for treatment.
Nakayama writes, "When the body is afflicted and
in distress, disease arises. In order to cure this, one
applies every kind of herbal medicine" (Nakayama
14).
The manner in which these medicines were
prepared is also interesting. The Chinese believed
in order to free the food of ail evil, it must first be
steamed. Harold Parkers writes, "One must first
use paddy rice and steam it. The stalks of the rice
serve as fire wood. When the steaming of the rice
is completed, the rice is very strong" (Parkers 59).
Along with herbs, the Chinese people believed
different types of foods had various effects on
different parts of the body. These foods were
categorized into four basic groups which included:
The five grains act as nourishment. These
grains arc wheat, millet, rice and beans. Next,
the five tree-fruits which serve to augment the
nourishment. These are chestnuts, dates,
plums, peaches, and apricots. The five
domestic animals contribute additional
nutritional benefit. These are fowl, sheep,
horses, pigs, and beef. The last group arc the
five vegetables which complete nutrition.
They consist of leeks, onions, greens, mallows,
and scallions. (Dimon 67)
20

A very important contribution the Chinese have
given to the western world is massage therapy as a
treatment for sickness. At one time, many Chinese
people suffered from a type of sickness that was
curable through massage techniques and relaxation.
Parkers writes, "Their diseases are many: they
suffer from complete paralysis and chills and fever.
These diseases are most fittingly treated with
breathing exercises, massage of the skin, and
exercises of hands and feet" (Parkers 34). He goes
on to say, "The ancient sages combined these
various treatments for the purpose of cure, and each
patient received the treatment tliat was most filling
for him" (Parkers 35).
The Chinese also began the practice of reviving a
person who has suffered from a heart attack.
Nakayama writes, "When the body is frequently
startled and frightened, the circulation in the
arteries and the veins ceases, and disease arises. In
order to cure this, one uses massage" (Nakayama
211).
The Chinese believed people were cured by
pushing evil spirits out of the muscle. Nakayama
also writes, "One should attack the sick pan and
allow it to swell, one should pull it and make it
subside, one should distribute it and get hold of the
evil" (Nakayama 224).
In modern medicine, we use similar massage
techniques but we understand belter the reason why
massage helps patients. In the same way as the
Chinese massaged patients, doctors use massage
techniques to improve circulation, and to help the
internal organs to relax and function better.
The methods of giving a massage and relaxing
the body have not changed much cither. By
striking certain parts of the body, the Chinese
learned about muscular anatomy and the function
of different muscle parts. This helped doctors later
on better to understand various muscle groups and
how they are arranged and function.
Through the help of the Chinese, medicine has
improved. The techniques used long ago in China
are still being practiced all over the world. Because
of the Chinese, there arc more lives being saved
through the contributions they have given us.

�Works Cited
Dimon, Grey E. More Than Herbs and Acupuncture. New York: Norton and Company, 1975.
Lasagna, David. The Body. New York: Barnes and NoWc, Inc.. 1978.
Nakayama, T. Acupuncture el Medecine Chinoise Verifees au Fapon. Paris: Argus Publishers. 1969.

Parkers. Harold. The World Book Encyclopedia. 20v(A&amp;.ficwYoiii: World Book-Childcraft International, 1982. 34-35.

21

�Poems
Course: Spanish Composition and Conversation I
Instructor: Lynda Durham
Assignment: exercise in writing poetry in Spanish, with an English translation.

22

�Una Visia de Toledo
La lierra oro, verde y morcna.
El ciclo gris y bianco,
los nubes sc esian arremolinando.
Los lorreoncs del Alcazar
pcnclran cn cl ciclo.
Las murallas imprcsionanies y impenetrables.
Los colorcs de los wlificios pequefios
rodcando El Alcazar casan bien
con los colorcs de la lierra.
La vista de un puenlc.

,

By Carmen
(Stacy Brown)

A View of Toledo
The gold, green and brown land.
The gray and white sky,
lhe clouds are swirling.
The towers of lhe Alcazar
penetrate lhe sky.
The walls impressive and forbidding.
The colors of lhe small buildings
surrounding the Alcazar match well
with the colors of the land.
The view from a bridge.

23

�Untitled
Y como vi los dragones remoniandosc y volando cn circulos cn cl vicnio de
la manafla, mi corazon palpilando junlo a ellos con alegn'a, una alcgria de
satisfaccion que era como el dolor. Su bcllcza estaba hecha de terrible
fuerza, un salvajismo total y la gracia de la razon. Ya que son criaturas que
podian pensar, con lenguaje y anliguas sabidun'as. En los palrones de vuelos
habfa un feroz complacente coordinacion.

Yo no habia dicho, pero pens6, no me inieresa Io que venga despuds; yo
habfa visto los dragones en el viento de la manada.
By Daniel Jordan Hand Buhn

And as I saw the dragons soaring and circling in the morning wind, my heart
leapt with them, with a joy, a joy of fulfillment that was like pain. Their
beauty was made up of terrible strength, utter wildness and the grace of
reason. For these were the thinking creatures, with speech and ancient
wisdom. In the patterns of their flight was a fierce willed concord.
I did not speak but I thought; I do not care what comes after, I have seen the
dragons on the wind of the morning.

24

�CRISPADO
CRISPADO...
DESVENTAJA AL EMPOBRECIMiENTO Y DESVALIDO,
EL CHILLIDO DESTAPAR EL DESVARl'O,
ENCADENAR EL ENCINTO ...
CULPABLE
CULPABLE
CULPABLE
By Carol Ann Green

ON THE EDGE
ON THE EDGE.
DISADVANTAGE TO IMPOVERISHMENT AND HELPLESSNESS
THE SHRIEK OF UNCOVER MADNESS,
TO PUT THE PREGNANT WOMAN IN CHAINS ....
GUILTY ..
GUILTY ...
GUILTY.

SPeC'Al COt'-ECTICN
SASPF® 301-iECiE

25

�A Critical Look at
Massacre at Fall Creek
By Mary Carrick
Course: Lileralure of the American West
Instructor: Arlene Larson
Assignment: After reading a work of your choice from among the suggested readings, write a paper to show
that the work does/does not fit into the category of literature of the American West. Your analysis should
reflect some understanding of the common characteristics of the works from the assigned reading.

was also forced upon the cultures of the numerous
Native American tribes existing on the frontier,
with the survival of their race put in jeapordy.
This westward expansion including the
experiences of travel, work, family life, and
spirituality, and the change from the known to the
unknown are unique to that perifxl of our country's
history in the eighiccn-hundreds. Most western
lileralure deals with some aspect of this cultural
change and the lime period of the nineteenth
century.

For a work of literature to be considered
literature of the American West it should contain
the experience of the frontier where civilization and
wilderness come together. Il will deal with the
concerns of the established eastern part of the
country converging onto the untamed area of the
United Slates. The culture of the established
eastern stales was brought along with the settlers as
they moved west, but, al the same lime, they were
forced to modify their behavior and values. These
changes were necessary for their survival. Change
26

�Jcssamyn West's novel The Massacre at Tall
Creek shares these characteristics with other
literature of the American West. The story is set in
1824, in Indiana early in the westward movement.
The Indian tribes of this area were not yet moved
onto reservations, but were allowed to live on some
of the land, or sell to U.S. land agents. The
government bought land from the Seneca Indians
for mere trinkets, and sold it to would-be eastern
settlers. Much of this land was unsuitable for
farming. In this setting, the move of civilization to
the wilderness and the difficult questions
concerning humanity that arise are borne out in the
story of the people of Fall Creek, Indiana.
The Senecas of this area lived peaceably near the
while settlers of Fall Creek. This small band
consisting mostly of women and children
subscribed to the leachings of the Indian prophet
Handsome Lake, which resembled the leachings of
Christ. The story begins with the character Jud
Clasby, an Indian hunter, speaking with this group
and thinking of an unsolved problem of the
frontier: “Clasby didn't want to waste breath on this
old argument. Besides, who was first cut no ice.
What cut ice was who would be here last. Why
could’l the Indians sec this? They could die in their
tracks saying, ‘We were here first’” (West 7). The
conflict begins after Clasby and four other men
from lhe sclllemenl murder these Indians in cold
blood because they fell they were competing for
game in the area.
Large bands of Senecas to lhe north were
outraged by these killings, and threatened to lake
vengeance on the whiles if lhe perpetrators were
noi tried as murderers. This would be lhe first trial
of its kind, white men on trial for killing Indians.
The murderers, save Clasby, were all easily found
as they had gone bragging about their deeds among
their neighbors. West gives us lhe sense of what a
shock it was lo lhe men who sat in jail puzzling
over being treated as criminals now for something
up until lhe present they had been praised for.
"How could white men ever hold their heads up
again, after being clapped into jail for killing an
Indian'.’” (West 88). The Monroe administration

was ready lo make an. example of these men, and
lhe settlers could only guess at the consequences it
would bring to their lives.
Caleb Cape, the settlement's pastor, and his
family empathize with both Indians and whiles, but
their lives are closely lied with lhe convicted men.
Hannah Cape, his daughter, is lhe heroine in lhe
story. Her character is lhe embodiment of lhe
resistance lo change that is present on the frontier.
She helps her father to protect the bodies of lhe
murdered Indians, so they can be buried later. She
sees lhe atrocity first-hand. She falls in love with
Charlie Fori, an Eastern lawyer hired lo defend the
while men. She is torn between her love for
Charlie, and wanting him to succeed, and her
conscience that says any man who murders another
must pay lhe consequences, according lo the law.
When she and Charlie have a falling out, she is
wooed by a lawyer for lhe prosecution who has no
sympathies for lhe convicted men. She is allraclcd
lo lhe new way of thinking that Oscar Dilk
represents, but has stronger feelings for ihc
prisoners and the old ways that Charlie represents.
She and lhe rest of the settlement are faced with the
question, is lhe law of lhe east to be applied to lhe
west, and is this a good thing? West shows this
struggle in a conversation between Lizzie Cape and
Luther Bemis before he turns himself in:
Bemis: “Nothing happened last week except that
we suddenly caught sight of what's around a comer
we'd never turned before.”
Lizzie: “What wa.s that sight?”
“A world where an Indian is a human being who
can't be killed like a bear or a wolf.”
“What's that mean for us?”
“I don't know. There's darkness ahead.” (West
90)
Hannah and her father spend lime in the jail with
lhe prisoners praying with them, and ministering to
them. Caleb, overcome by sympathy for Luther
Bemis, lhe only man who turned himself in, helps
him lo escape lo see his new baby. As Luiher
aliempls lo gel lo his wife, he hides in a hollow log
where he falls asleep lo awaken with his feel
frozen. The Indians, inieni on capturing him lo

�make sure he is hanged, find him and return him to
the jail. Because he is repentant, and admits his
wrong to the Indians, they promise to see that his
wife and child are brought to him before he is
hanged. Hannah takes the Indians to get Ora
Bemis, and lhey are allowed to say their goodbyes
before the hanging.
The drama of the trial proceeds with most of the
population in attendance along with prominent
Indian chiefs to sec that justice is done. As each
conviction is followed by a death sentence, the
people of the community are increasingly anxious
to have these men put to death to secure their own
safety. At a church service for the convicted men.
West shows us the ambivalence of the people to
accept eastern law. “There would be present those
fearing that the sentencing would be harsh, but also
those who feared that without death sentences all of
them would die at the hands of the northern tribes”
(West 213).
Caleb Cape slays in the jail with the convicted
men until the day of the hanging. Here he is forced
to face death, the inevitable deaths of four healthy
men. He finds that there is nothing he can say to
make things easier for the men, or himself.
When the dreaded day arrives, so do settlers from
all over the slate to watch the happenings. It i.s a
tense day as the Indians watch to ensure that justice
is carried out, and the sheriff fears a last-minute
attempt to save the prisoners. West seems to be
telling the reader that she also sympathizes with
both sides, and feels the changes on the frontier
were loo long in coming. This idea is presented in
Charlie Fort’s conversation with the judge:
Fort: “The law didn't lake into consideration that
no one had payed any attention to the law for a
hundred years when it come to killing Indians.”
Judge: “Attention will be payed from now on.”
(West p. 290)
West is addressing the tragedy that these few
while men must be made examples of when killing
Indians had been their means of survival to this
point. She is also suggesting that the frontier was a
kill-or-bc’killcd situation with the strongest in
battle winning the land, tragic a.s it is. This idea

can be seen in her description of John Wixx! as he
is about to be hanged, “From his cradle to now, the
old man had heard talk of moving west. . . But
there was no way to go west without killing
Indians. Now the old man, for doing what
everybody knew had to be done was going to be . .
. hanged by his poor old neck until dead” (292).
The three men arc hanged, and as the convicted boy
is about to lake his turn, Hannah takes a pot of
coals up to the gallows, and puls her hand on them
(as a show of bravery) to plead to the Indians lo
spare the boy's life. At ihe same time the governor
rides in with a pardon for him. Charlie comes to
Hannah's aide, and Hannah embraces his genuine
love, rejecting the insincerity of Oscar Dilk. This
rejoining of Hannah and Charlie represents the
joining of the culture of the east combining with
the new country of the west. Hannah will not
become completely “eastemized,” and Charlie will
not become “wcslcmized,” but they will unite the
best of both cultures, and continue their lives on the
frontier.
The release of the boy at tlic climatic end of the
story may be West’s suggestion that there was hope
to bridge the large gap between east and west if ihe
young generation of whites and Indian.s could treat
each other as human beings. She leaves the reader
little hope of this peace though, as she shows the
Indians gathering, and uilking of the revenge they
will have upon Clasby. They have him captured,
and leave in eager anticipation of the torture and
the feast that are lo come (310).
Jessamyn West's story of the people of Fall Creek
in showing the paradox of settling the west shares
this characteristic with the archetype of the
American Western novel. The Virginian. Unlike
Wister, Jessamyn West does not romanticize the
west, but in her story shows the flaws of ihe
coming civilization and the flaws of Ihc lawless
frontier. She shows these ideas through the
readiness of bolh Indians and whiles to live by selfmade laws. She seems lo prefer the civilized order
since it prevails in her story. The story of the
Virginian, on the other hand, shows Wister's
preference for lynch law as it prevails, and his
28

�frontier through the conflict of the settlers and
eastern law, and in the conflict in the romance of
Hannah.
The Massacre of Fall Creek is in the tradition of
literature of the American west as it deals with the
frontier experience and with those difficult issues
facing humanity that were found in the history of
our country during the nineteenth century.
Jessamyn West’s work of the story at Fall Creek
closely resembles that of the archetype of western
literature. The Virginian, through its plot structure
and central issue of change on the frontier.

atlraction to life without formal restrictions. Wister
has a judge in his story defend the lynch law
practiced in the cattle country in the late eighteenhundreds (Wister 270). West does not do this, but
has transgressors in her story subject to the
established law.
Jessamyn West's work shares Wister's theme of
civilization versus wilderness, and both show the
coming changes to the frontier through die major
conflicts in the stories. Wister shows this change
through the conflicts between the Virginian and the
villain Trampas, and the conflict in the Virginian's
romance. West shows the change coming onto the

Bibliography
Wesi, Jessamyn. The Massacre al Fall Creek. New York: Ilarcoun, Brace Jovanovich, 1975.
Wister, Owen. The Virginian. New York, New York; Nal Penquin Inc., 1979.

29

�Food for Thought:
The Images of Christina Rossetti
By Cheryl Collums
Course: English Lileralure II
Instructor: Dr. Melon Raines
Using materials you have collected in your reading logs and in class discussion, write an intcrprclalion of the
work of one author in which you trace a pattern of imagery to explicate the text or to prove your thesis.

Food is such a wonderful pleasure! We indulge
ourselves with it. we reward each other with it, we
use it as bait (the way to a man's heart. . . .). Our
mouths waler al lhe sight of a dinner table laden
with steaming meal, rich sauces, delicate pastries,
and ripe luscious fruit. Il is a powerful image
because wc can all relate to the sights, smells.

tastes, and textures that accompany eating. When
the fare is remarkably delicious, wc even say that
it's so good, it’s sinful. It is not surprising to note,
then, that Christina Rossetti has used food images
to convey her themes of temptation and sin, and
redemption through suffering in her poem “The
Goblin Market”!

I All references to the primary source are to “The Goblin Market,” The Norton Anthology of English Literature, Ed. M. 11. Abrams,
el al. 2 vols. (New York: W.W. Norton and Co., 1986). pp. 1508-1520. They will be documented in the text in parentheses following
lhe quotation.

30

�The poem tells the story of two sisters, Lizzie and
Laura, who were templed by the cries of the goblin
men to “Come buy our orchard fruits. Come buy,
come buy” (3-4) as they gathered water from the
brook in tlie evenings. Lizzie covered her head and
ran from temptation, but Laura succumbed. She
bought a feast of delicious fruits with a lock of her
golden hair, and returned to tell her sister about her
incredible experience. She longed to taste the
wonderful fruit again, but discovered that once a
maiden has given in to temptation, she is no longer
able to hear the goblins' cries, and is left to wither
and die, yearning for the taste of their fruit. In
order to save her sister, Lizzie went to the goblin
men to buy some fruit to take to Laura, but they
insisted that she eat it there with them. When
Lizzie refused, the infuriated goblins beat her,
clawed her face and neck, pulled her hair out, and
tried to squeeze the fruit into her mouth. She
refused to open her mouth, and the juice of the fruit
Sluck like syrup to her face, lodged in her dimples,
and ran down her neck. The angry goblins
retreated and Lizzie ran home to her sister, having
redeemed Laura's sins through her suffering.
The first stanza of the poem describes the
tempting fruit. Almost every fruit imaginable can
be found in the list. Rossetti's images are real as
she describes “Plump unpecked cherries, . . .
Bloom-down-cheeked peaches, . . . Wild free-born
cranberries” (7,9, and 11). We can see the fruits as
they are described, and can identify with the feeling
of temptation. When Laura is enticed into lasting
the fruil, the verse takes on a more subtle, sensual
tone. “She clipped a precious golden lock... Then
sucked their fruil globes fair or red:/ Sweeter than
honey from the rock./ Stronger than man-rejoicing
wine,/ Clearer than waler flowed that juice;/ She
never tasted such before,/ . . . She sucked and
sucked and sucked the more/ Fruits which that
unknown orchard bore;/ She sucked until her lips
were sore” (126-136). Laura's encounter with the
goblin fruil was pleasant and intoxicating. She
yearned for more, but of course was to be denied.
Her sister Lizzie’s experience was violent. Al
first the goblins attempt to seduce her with ihe fruil

as they ’’hugged her and kissed her/ Squeezed and
caressed her:/ . . . (saying) / Bob al our
cherries/Bite at our peaches,/. . . Pluck them and
suck lhemyPomegranaies, figs” (348-362). She
refused their advances, and the scene reads like a
gang rape, as the evil goblins “Held her hands and
squeezed their fruits/ against her mouth to make her
eat” (406-407). She was scratched, kicked,
pinched, mauled, and stamped upon in a vain
attempt to force her to eat. But through all this
suffering, she remained strong, “Like a lily in a
floody Like a rock of blue-veined stone/ ... Like a
fruit-crowned orange-tree/ . . . Like a royal virgin
town” (409-418). It i.s interesting that Rossetti
chose the metaphor of a fruit-crowned orange-tree
to denote something of strength and purity.
Perhaps she meant to imply that the fruit on the tree
was still pure and “virginal,” while the fruil
harvested by the goblins had become tainted.
Finally, Rossetti uses the juice of the fruil as an
instrument of salvation. Lizzie returned from the
glen and told Laura, “Hug me, kiss me, suck my
juices/ Squeezed from goblin fruits for you,/ . . .
For your sake I have braved the glen/ And had to
do with goblin merchant men.” (468-474). Laura
covered her sister with tears and kisses until her
lips began to burn, and “Swift fire spread thro' her
veins, knocked at her heart,/ Met the fire
smouldering there/ and overbore its lesser flame”
(507-509). The juice from the fruil was an antidote
for the poison in Laura's blood, and by morning she
was herself again.
The sexual feeling expressed in the poem is very
strong. Rossetti uses the fruil as a vehicle to
illustrate different kinds of love. The fruil is used
as a tool of evil temptation by the goblin men.
They entice, they tease, they lure Laura with their
fruits. She is intoxicated by the experience, but
also tainted and spoiled. Lizzie's encounter is
violent. The goblins are no longer seductive, they
are vicious. Rossetti characterizes men's attitudes
in sexual relationships as dominating, controlling,
and even violent. On the other hand, the fruil is
used as a tool of salvation by Lizzie to save her
sister from death. Lizzie presents herself to Laura

31

�almost as a sexual offering, but I don't feel that
Rossetti was referring to lesbianism. I think she
was saying that the bond between the women was
life-sustaining and fulfilling, rather than
destructive.
Rossetti’s choice of fruit to help convey her
themes of temptation and salvation gives the poem
a very sensual, sexual feeling. It could be that she
felt sin and sex were closely related. In the last

stanza of “The Goblin Market,” she tells u.s that the
sisters eventually marry and have families of their
own, but the bond between them never falters. 1
believe Rossetti had strong emotional tics with her
mother and sister, but was perhaps uncertain about
malc/fcmalc relationships, since she herself never
married. In any case, her tempting images of food
make delicious reading.

32

�Response to James J. Kelly
By Dusk Anderson
Course: Sculpture I
Instructor: Linda Ryan
Assignment: Write a personal response to Chapter Six (“Content: The Meaning of Sculpture") of The
Sculptural Idea by James J. Kelly. Do not simply summarize the informalitxi, but use it to explore your own
ideas about art; you may agree, disagree, or add to what Kelly presents.

freedom to pursue and express change, and
above all, the spirit of the artist transcribed
through the work.
Spirit is never fully realized consciously.
Realizing who and what you are is the purpose of
life. It is a process, a journey of discovery. Art is
an expression of this striving to uncover one's
unconscious but always present spirit. Art takes
work. Honesty and awareness of inner feelings
and, perhaps most frightening, sharing that inner
piece of self in a work is a necessity if it is to be
art.
Those artists in the mall that have skill (some
even a high degree of skill) but don't seem to
produce art arc just churning out pieces.

I go to the mall and see “art” shows and rarely
see anything I call art in spite of the fact that there
is often a great deal of skill displayed in the work.
I hadn't been able to pin down the reason I felt the
pieces displayed were not really art until I read
chapter six of James J. Kelley's The Sculptural
Idea.
Linder “Communication of Meaning,” Kelly says
that the question, “What effect do intuition and the
subconscious have on the content a sculptor gives
to his work?” is unanswerable. Nonsense! He
answers it himself in the next section when he says
of content:
It is the visionary sense of the artist, the
quantity and quality of form and matter, the

33

�Manipulation of materials docs not go beyond the
superficial. Il docs nol reach into the soul. They
aren't giving of their inner being. Technique cannot
make up for this. A true artist puls her heart and
soul into a piece. She risks much more than ihc
“mall artist.” The true artist may turn oui a series
of similar works but there is progression or
retrogression or exploration in them. In other
words there is change and growth, and that, to me,
equals life.
Art has life. Most of “mall art” has no life. Il is
like a sluffed bird. If there is no life, there is no art.
Even a sluffed bird can be art if the artist uses it for
a purpose, if he brings out an inner meaning from
within his soul. If he then simply tries to reproduce

that inner meaning, it loses its meaning because the
artist has changed and the time-frame has changed.
Life has continued on, Iciiving him behind.
Without input from the inner being, a work lacks
an element of lime — the difference of the artist's
perspective al the lime of conception and the lime
of realization. The artist would be trying to create
out of a remembered perspective. I don't think
that's possible. I think change, however
strenuously resisted, cannot be slopped. An artist
must express this change in her work, nol cling to
the old simply because it worked in the past or
because it still sells, or her work is lifeless. Art
comes through being true to oneself, nol in trying
to please the masses.

34

�The Effect of Exclusive Language
on Third Grade Children
By Joleen A. Borgerding
Course: Child Psychology
Instructor: Dr. Ruth Doyle
Assignment: The major assignment for the class is a literature review or a project based on one of the research
designs discussed in class. Ihis project is an experimental design with a brief literature review.

an exclusive or masculine-generic manner while the P form of
the questionnaire was phrased in an inclusive manner. Answers
to the eight questions on the questionnaire were in the form of
female and male slick figures. Ibc children were instructed to
circle the answer or answers which they thought correctly
answered each question. Each questionnaire was scored as
representing cither an inclusive or exclusive interpretation. Data
were analyzed with the x^ statistic, and results revealed support
for the research hypothesis (x^=11.5, df=l. p&lt;0.(X)l).

Abstract
Ibis study examined the impact of exclusive or sexist language
on children. It was predicted that children would exclude
females more often when presented with male-dominated
exclusive language than when presented with inclusive
language. Twenty-three third grade children from Manor
Heights Elementary School and 24 third grade children from
Pineview Elementary School completed one of two forms of a
questionnaire. The M form of the questionnaire was phrased in

35

�person’s thought process.
Gordon (1984) conducted a study in which
college juniors and seniors who were enrolled in a
preservice teacher education program respondctl to
questions dealing with early man or early people.
Students answered the questions through drawings
and were asked to give names to lhe figures in the
drawings. By determining the sex of the figures
according to lhe names given to them, it was found
that 23% of the students responded to every
question on the masculine generic form by drawing
male figures. None of those taking lhe inclusive or
neutral ("people") form, nor those taking lhe
specifically inclusive ("men and women") form
drew all male figures for every item.
The results of a study conducted by Moulton,
Robinson, and Elias (1978) demonstrated further
evidence of the unsucccssfulness of masculine
nouns and pronouns in producing a gender-neutral
effect. Subjects created a story about a fictional
character in response to a situation provided by lhe
experimenter. In one condition the situation was
worded with "his," another was worded with
"their," and the last condition was worded with "his
or her." Gender of the fictional character was
determined by its name, and lhe frequency of lime
females were portrayed as characters in lhe stories
and the frequency of limes males were portrayed as
characters in lhe stories were compared. Results
indicated that the use of "his" created the image of
males significantly more often than females, while
females and males were portrayed nearly equally
when "his or her" and "their" were employed.
The present study was conducted in order to
determine the effect of masculine-generic language
on children. Based on extensive past research it
was predicted that children presented with
masculine-generic or exclusive language would
lend to exclude females more often that children
presented with neutral or inclusive language.

For lhe sake of convenience it is common to use
masculine forms of nouns and pronouns when lhe
antecedent is unknown or when lhe anlecedcnl
includes both sexes. It has been laught ihai this use
of masculine nouns and pronouns is grammatically
correct Such use of pronouns and nouns implies
that all people are assumed to be male unless
otherwise specified.
Language has a great impact on our daily lives
merely by shaping lhe thought process and by
influencing lhe ways in which people relate to each
other (Morris, 1990). The relationships between
females and males are influenced by everyday
words, and this language must treat males and
females as equals. If lhe language is biased toward
either sex, it is sexist. Miller and Swift (1972)
define sexist language as "any language that
expresses stereotyped attitudes and expectations, or
that assumes lhe inherent superiority of one sex
over the other" (p. 195).
The use of masculine nouns and pronouns to
include both sexes has been found to be ineffective
in doing its "generic” job. Several studies have
found that masculine-generic language has male
specific connotations when lhe generic is intended
(Moulton, Robinson, &amp; Elias, 1978; MacKay,
1980; Sneizek &amp; Jazwinski, 1986; Hamilton,
1988). If such language succeeds in excluding
females far more often than including them, a
different method of communication that succeeds
in including both sexes should be employed.
The exclusive nature of masculine-generic
language may seem to be very subtle. This is
because in all areas of our lives (the school, the
family, and lhe work environment) exclusive
langague has been employed since we learned lhe
English language. Reversing lhe direction of the
bias provides one way for people to realize the
extent of the bias. Imagine referring to lhe average
or hypothetical person as "the woman on lhe
street." Imagine referring to people in the business
world, both women and men, as "businesswomen."
Imagine referring to lhe human race as
"womankind." Il seems absurd, yet this is exactly
the effect that masculine-generic language has on a

Method
Subjects
The subjects were 23 children from a Manor
36

�Heights Elementary School tliird grade class taught
by a woman and 24 children from a Pineview
Elementary School third grade class taught by a
man. There were a total of 17 females and 30
males. The two forms of the questionnaire (P and
M) were randomly handed out to the children with
approximately half the males and half the females
in each ircatmcnl group.

Therefore, a child had lo have had included both
sexc.s at least 75% (sum greater than or equal lo
6/8) of the lime in order for the questionnaire lo be
considered an inclusive interpretation. Il was
reasoned lhal tf a child's answers consistently
included both sexes al least 75% of the lime, ihcn
the child had a certain image in mind which
included both sexes rather than chance and random
circling of answers.

Procedure
The experimental design consisted of two
treatment groups in which the form of the
questionnaire was the variable under manipulation.
Sex of the subject was an organismic variable. The
experiment mettsured the differences in the manner
in which subjects interpreted eight questions on the
P form vs. the M form. Questions on the P
(person) form were phrased in an inclusive manner,
using words such as people, they, hand-made, and
ancestors. Questions on the M (man) form were
phrased in an exclusive or masculine-oriented
generic manner, using words such as man, he, man­
made, and forefathers.
Answers to each of the eight questions were in
the form of female and male slick figure people,
with each question having either four or five
choices. (Appendix A) The children were
instructed to read each question and circle
anywhere from one to five answers which they
thought best answered the question. Il was
emphasized lhal ihe children were not being tested,
rather, the experimenter simply wanted to see how
they answered the questions.
Each of the eight questions was scored with
cither a "1”, meaning the child had included both
males and females when answering the question, or
a "0”, meaning the child had included only males or
only females when answering the question. After a
score for each of the eight questions had been
established, a comprehensive score for the entire
questionnaire was derived. The questionnaire was
scored with a "1" if the sum of the scores for the
eight questions was equal to or greater than six. A
"0" was given if the sum was less than six.

Results
Comprehensive scores were combined into a
contingency table of Form (P/M) vs. Inicrprelalion
(Inclusive/Exclusive). Data were analyzed for
significance with a 2x2 Chi Square. The data
indicated results in the expected direction.
Analysis revealed a statistically significant
difference in the manner in which the children
interpreted the exclusive language vs. the inclusive
language
11.5, df=:l, p&lt;0.001), demonstrating
support for the research hypothesis.
Of those children taking the P form, 82.6%
received a final score of "1", meaning that 75% or
more of their answers had included females and
males. Thirty-nine percent of the children in this
group interpreted all eight questions inclusively.
Furthermore, all children taking the P form
included a female figure at one lime or another.
In contrast, only 29.2 % of the children taking the
M form received a "1" as a comprehensive .score,
meaning lhal the majority of these children
excluded females (males were excluded on six
questions out of the entire 47 questionnaires) when
presented with male-dominated exclusive language.
Even more distressing was the fact that only two
out of the 24 children (8.7%) taking the M form of
the questionnaire answered all eight questions by
including both male and female figures. Three out
of the 24 children (12.5 %) answered the entire M
form of the questionnaire without once Including a
female figure. Figure 1 (inicrprelalion of Form P
vs. Form M) provides a graphic summary of these
results.

37

�Discussion

bodi sexes, results would be free from bias.
Although the results of the experiment showed
that children who look ihe M form tended lo
exclude females considerably more often than did
those children who look the P form, one should
consider that third grade children, usually around
the age of seven, have generally not yet reached ihe
level of formal operation according lo Piaget's
cognitive theory (Skolnick, 1986). Children near
the age of seven are most likely between the
prcoperalional stage and the concrete operational
stage. Ability lo use basic logic is beginning to
develop in the concrete operation stage, but abstract
reasoning and theoretical thinking are not truly
present until the formal operational stage
(Skolnick, 1986). Therefore, it may be argued that
the exclusion of females in the experiment was not
due lo the exclusive nature of masculine nouns and
pronouns, but instead may be explained by looking
al the development of language and reasoning skills
in children.

These resulls demonstrated that the use of
language greatly effected the extent to which this
sample of third grade children included females
and males. In accord with the research hypothesis,
children who completed the P form of the
questionnaire included both sexes significantly
more often than did children who completed the M
form of the questionnaire.
In conducting future research it would be
beneficial to make use of a longitudinal study to
prevent resulls from being confounded by the
effects of age and language development.
Furthermore, the questionnaire should be scored so
that an exclusive interpreuilion accounts for only
the exclusion of females; in the present study
"exclusive" was considered to be the exclusion of
either sex. Finally, if each questionnaire was
scored as inclusive when 50% or more (compared
to 75% in the present study) of its answers included

Figure 1
Interpretation of Form P vs. Form M

Inclusive

Exclusive

38

�However, evidence rejecling lhe above
hypothesis has been acquired by extending the
experiment to children of all grade levels, milking it
possible to investigate any differences in the
manner in which children of different ages interpret
exclusive and inclusive language. Such an
experiment was conducted by Gordon (1984) in
which both forms of lhe questionnaire used in the
present study were distributed to elementary school
children in grades one through six. The results
demonstrated that children in each grade level
responded to exclusively masculine forms of nouns
and pronouns by excluding females while those
presented with inclusive nouns and pronouns
included both sexes.
The results of the present experiment along with
extensive past research should not be simply
overlooked and credited to the reasoning and
language development of children. The research
shows that a severe problem arisc.s when maledominated exclusive language is employed. This
problem is the virtual invisibility of women. Maledominated exclusive language may also contribute
to the discrimination of women.
The implications of exclusive language arc
extensive. When masculine-dominated exclusive
language is employed, the idea of male
"superiority” and female "inferiority” is reflected.
Calling attention to exclusive language makes it
possible to call attention to lhe underlying attitudes
that dictate interaction between lhe sexes.
Possibly lhe most harmful aspect of exclusive
language is the part it plays in perpetuating
stereotypical sex-roles. Children who are raised in
an environment which ignores lhe female gender
are given lhe idea that it is “a man’s world.” In a
study by the Task Force of lhe National
Organization of Women which evaluated the extent
of scx-role stereotyping in childrens’ books (cited
in Bordelon, 1985), it was found that “boys and
men were present in lhe readers in overwhelmingly
larger numbers than girls and women.”
Furthermore, males were typically portrayed as
being clever, imaginative, adventuresome, strong,
and independent while females were portrayed as

being passive, weak, and dependent on male
initiative. In addition to lhe limited and negative
view of female characteristics, females were
depicted as having very few occupational choices
(nurse, mother, secretary, and teacher). Such
stereotypes are very detrimental to children,
especially in their early formative years.
DcLoach, Cassidy, and Carpenter (1987)
conducted a study in which they had mothers read
three popular books to their children. The mother’s
use of feminine or masculine names or pronoun.s to
refer to gender-neutral characters was recorded.
The results showed that 95% of these characters
who were intended to be gender-neutral were
referred to as males by lhe mothers. This suggests
that the prominence and importance of the male
gender along with lhe invisibility and unimportance
of the female gender is reinforced by most parents.
Similarly, the creative writings of elementary
sch(X)l children were examined for evidence of sex
differences and sex-role perceptions (Trepanier &amp;
Romatowski, 1985), and a predominance of male
characler.s and assignment of allribulcs to male
characters was found.
Children have been found to display confusion
when presented with female occupants of
traditionally male roles and male occupants of
traditionally female roles. Rosenthal and Chapman
(1982) found that elementary school children who
were asked to name such occupants would
frequently give inappropriate responses. For
example, children named female doctors “nurses”
while correctly naming the male occupants of this
role “doctors.”
Success in obtaining an androgynous society
where females and males are accepted as equals
begins by raising our children in an atmosphere
which does not foster stereotypical altitudes
regarding sex-roles. Encouraging equality and
androgyny must begin in lhe early years of a child's
life. Creating this healthy atmosphere involves
providing a method of communication which docs
not glorify the male gender while diminishing the
female gender.
39

�Appendix A

Nome

Boy

Girl

Groda

1. Christmas is a time when people of goodwill gather to celebrate. Circle the group or groups

2. Buying gilts for our family can be hard. Sometimes a salesperson is very helpful. Circle the
helpful salesperson (or salespersons) below.

3. Many gifts are hand-made. Here are some gifts, showing how they are made. Circle the

4. Our pilgrim ancestors made a lot of their gifts themselves. Circle the pilgrim ancestor or

40

P

�2-P

5. Which ofthese people show the spirit of brotherly love? Circle them.

K If i
6. During holiday seasons, people seem to beat peace with other people. Circle this.

7. Which people are wishing on a star to make their wishes come true? Circle them.

8. People think of others during holidays. Which of these do?

41

�References
Bordelon, K. (1985). Sexism in reading materials. Reading Teacher, 38, 792-797

DeLoach. J.S., Cassidy, D.J., &amp; Carpenter, C.J (1987), The three bears are all boys: Mother's gender labeling of neutral picture book
characters. SexRoles, 17, 163-178.
Gordon, S.L. (1984, June). "Man" --Does It Mean Men and Women or Just Men? Paper presented al a 1984 Women's Study Group
North Dakota.

Hamilton, M.C. (1988). Using masculine generics: Docs generic he increase male bias in the user's imagerY? SexRoles 19 785799.
MacKay, D.G. (1980). Psychology, prescriptive grammar, and the pronoun problem. American Psychologist, 35, 444-449.

Miller, C., &amp; Swift, K. (1976). Words and Women: New Language in New Times. New York: Doubleday.
Miller, C., &amp; Swift, K. (1972). One Small Step for Genkind. rpt in G. Goshgarian (Ed.), Exploring Language (198Q (pp. 193-204).
Boston: Little, Brown and Company.
Morris, C.G. (1990). Psychology: An Introduction (7th ed.) New Jersey: Prentice Hall

Moulton, J., Robinson, G.M., &amp; Elias, C. (1978). Sex bias in language use:“Neulral” pronouns that aren't. American Psychologist
33, 1031-1036.

Rosenthal, D.A., &amp; Chapman, D.C. (1982). The lady spaceman: Children’s perceptions of sex-stereotyped occupations. SexRoles
8,959-965.

Skolnick, A.S. (1986). The Psychology of Human Development. New York: Harcourt Brace Jovanovich.
Sniezek, J., A. Jazwinski. C.H. (1986). Gender bias in English; In search of fair language. Journal of applied Social Psychology 16,
642-662.
Trepanier, M.D., &amp; Romatowski, J.A. (1985). Attributes and roles assigned to characters in children's writing: Sex differences and
sex-role perceptions. SexRoles, 13,263-272.

42

�Speech Outlines
Course: Public Speaking
Inslruclor: Gale Alexander

The student was required to prepare and present a 4-8 minute speech to persuade. Ihis outline is turned in al
the lime the speech is presented. Il is primarily a tool in preparation and should not be used for notes during

the actual presentation.

43

�By Julie Regan

1981,477 people were arrested for shoplifting, an
average of 39.8 per month. The breakdown of
those arrested was male adults, 25; female adults,
43; male juveniles, 155; and female juveniles, 254.

SUBJECT: Shoplifting
GENERAL PURPOSE: To persuade

B. People you least expect could be shoplifters.

SPECIFIC PURPOSE; At the end of my speech
the audience will know that shoplifting is wrong,
morally and legally.

1. James Wentzel was caught shoplifting $5.66
worth of food items. James Wentzel was the
president of the Legal Services Corporation, a
federal organi7.alion.

METHOD OF DEVELOPMENT: ProblemSolution

2. A Financially stable, married woman with two
children was caught stealing a necklace. She was
arrested and charged with shoplifting.

INTRODUCTION:

I. For Melissa it was just a way to pick up a few
little things she wanted -- makeup, an album, some
earrings. It was exciting to get away with
something, and besides all her friends did it.
Melissa got away with it several times before she
was finally caught, stealing a $2 magazine, and the
cashier called the police.

3. A teenager named Jenny wa.s shoplifting for
some clothc.s with her friends. Il was just for fun,
until she got caught.

II. What made these three people, who arc very
different, do such things. There have been many
reasons given why this crime occurs.

IL Maybe this story of Melissa sounds familiar.
Maybe you know someone who has shoplifted or
maybe you yourself have even done it. Shoplifting
is a widespread problem confronting the retail
community. Our nation's retailers attributed a
$2,000,000,000 loss to this crime.

A. Kleptomania is defined as a persistent neurotic
impulse to steal, usually without economic motive.
B. Peer pressure is a problem. If your friends are
doing it, it can be a way of gelling acceptance from
the group.

III. I'd like to start off by telling you who d(x;s it
and why. Then discuss the problems shoplifting
can create. Finally, I will tell you a few things that
can be done to combat this crime.

C. The need to assert their identity and
independence may also motivate shoplifting.
D. There's a sense of power that comes with
getting away with something, pulling something
over on authority.

BODY:

I. Shoplifting knows no age, economic, social,
racial, or religious barriers. Anyone could be a
shoplifter.

E. In some cases people feel justified to steal under
the assumption that the stores calculate a certain
percentage in ihe mark-up price due to theft; thus,
the store expects someone lo steal.

A. A survey conducted at a major national-chain
retail store in San Jose, California, revealed that, in

F. Still in other cases, shoplifting is a cry for help.

44

�III. No mailer whal lhe reason is and no mailer
how hard you iry lo juslify il, il's slill wrong,
morally and legally. Stealing a necklace or a hal
pin may seem like an innocent act, but in actuality
stealing can cause several problems.

emotionally, rather than financially, deprived, and
they derive emotional satisfaction from stealing.
By becoming involved in more positive activities -jobs, hobbies, volunteer work - shoplifters can
overcome lhe urge to steal.”

A. Il can cause a person with an otherwise
unblemished record lo have a scar for life. Don't
kid yourself, shoplifting is a crime. You'll be
arrested, finger primed, and pholographcd just like
any other criminal. This one act will follow you
forever.

B. Another possible solution is group discussions.
In Portland, Oregon, a program entitled Theft Talk
was started as a way lo educate shoplifters.

1. Il ha.s a 95% success rale with teen shoplifters.
2. A group discussion—not a lecture—is whal Theft
Talk is all about.
3. Il attempts to get across the crucial idea that
stealing is wrong. Until this is understood, chances
are they'll steal again.

B. Harm can come lo your loved ones. They may
feel shame, embarrassmcnl, or guilt. They may
feel they have let you down in some way. They
may blame ihcmsclvc.s for your irresponsible act.

CONCLUSION:
C. The economy is also damaged by shoplifting.
We all pay high prices because of shoplifting. The
stores raise their prices lo offset their losses, so il
costs us all money we work hard for.

I. I just encourage those of you who have
experienced the temptation to steal, not to. The
penalties are just too strong to risk il.

II. I want lo leave you with this question. Would
any of you invite an arrest record, embarrassmcnl,
possible family problems, and loss of dignity lo
shoplift an inexpensive item that you most certainly
could do without? I hope you've all answered, NO!

D. The establishment stolen from is also hurl.
Security costs are becoming higher and higher.

IV. This is a crime that needs lo be controlled
before il reaches an even greater proportion.

A. Some people find personal counselors lo be
helpful. One counselor staled, “Shoplifters are
Bibliography
Brown, Lindsay. "Five-Pinger Discouni; A t.ook al Shoplifting and Retail Security." USA Today 113:64-7 November, 1984.

Etchison, Birdie. “Shoplifting; An awful way to gel a record." Seventeen 45:198-9 August, 1986.
"I was a shoplifter.” Good Housekeeping 203:22+ July, 1986.
"Suffering Succotash.” Nation 243:721 December, 1986.

45

�By Lois Bringham

BODY:
I. Ann Hopkins was a very successful senior
accountant for Price Waterhouse in 1983.

SUBJECT: To explain ihal sexual stereotyping still
exists in the accounting profession.

A. The definition of accounting is the process of
recording, classifying, reporting, and interpreting
the financial data of an organization, according to
the authors of my Principles of Accounting hook.

GENERAL PURPOSE: To inform

SPECIFIC PURPOSE: To inform the class that the
rights of women accountants are violated when
presumptions about gender play a part in the
employment decisions.

B. Ann had the best record of the 88 candidates at
generating new business and securing multimillion
dollar contracts.

INTRODUCTION:

C. She brought in between $34 and $44 million
worth of business from just two important clients.

I. Imagine that the year is 1983 and you arc the
only woman candidate among the 88 company
accountants up for a partnership in the prestigious
Washington, D.C. accounting firm of Price
Waterhouse. You have the best record at
generating new business and securing multimillion
dollar contracts. You are expected to be a shoo-in.
And then your nomination is put on hold after your
evaluation by several male partners because you
are termed “macho” and in need of a “charm
school.” What would you do? Ann Hopkins quit
the firm and filed a lawsuit under Title VII of the
Civil Rights Act of 1964.

D. She lost the concensus vote in a process that
gave men who hardly knew her the power to veto
her candidacy.

1. One of them advised her to “walk more
femininely, dress more femininely, wear makeup,
have her hair styled and wetu’jewelry.”

2. Partners described her as “macho, harsh, and
aggressive,” speculating that she “may have
overcompensated for being a woman.”
3. Many male employers find it hard to shed the
long-held myth that men arc viewed as competitive
and self-confident, women should be weak and
passive.

II. The U.S. Supreme Court in a 6-to-3 ruling in
May of this year held that Price Waterhouse had
indeed based its decision on Ann Hopkins in part
on unlawful sexual stereotyping.

E. Hopkins quit the firm and filed a lawsuit under
Title VII of the Civil Rights Act of 1964 which
forbids employment discrimination because of a
person's sex, race, religion, or national origin.

III. Ann Hopkins’ litigation has made headlines
and opened doors for other professional women
who face job discriminations. We, the public, do
not have to put up with this illegal practice. First
I'd like to explain more about this particular case
and then I'd like to quote what some experts say the
effects this court ruling will have.

II. The U.S. Supreme Court announced its decision
upholding Hopkins in May of this year.
A. The 6-10-3 ruling wa.s hailed by civil rights and
women's advocates as opening the door for other
successful lawsuits against illegal sexual
stereotyping.

Transition: Let's look at Ann Hopkins' story and its
conclusion.
46

�B. Justice William Brennan wrote the lead opinion:
“An employer who objects to aggressiveness in
women but whose positions require this trail places
women in an intolerable and impermissible Calch22; out of a job if they behave aggressively and out
of a job if they don't.”

properly trained to ensure that race and sex aren't
part of the decision making process.”

C. “This decision will make a real difference to
women who arc trying to rise to the top of their
professions,” says Marcia Greenbergcr, a lop
managing attorney for the National Women's Law
Center in Washington.

G. As for Price Waterhouse, their woman attorney
observes, “The firm has a way to go when it comes
to women in lop jobs. Even after the prolonged
litigation, only 28 of their 900 current partners arc
women.” That figures roughly to be 3%.

D. According to many legal experts, the net result
of the court's ruling is that firms will be under
pressure to root out bias among individuals making
important personnel decisions.

CONCLUSION:

F. Ann Hopkins, whose lawsuit brought about this
landmark decision, is now a senior budget officer at
the World Bank.

I. Ann Hopkins's case highlights the stereotypes
many women continue to face in male-dominated
professions. “Why is it that men can be bastards
but women must wear pearls and a smile?”

E. Douglas McDowell of the Equal Employment
Advisory Council states, “Supervisors must be

Bibliography
Holmes, Sleven. "A Slap al Sex Stereotypes”. Ttme 133 (May 15, 1989) pg. 66.
Jacobs, Deborah. “Smile When You Say Thai, Panner”. Ms 17 (January/February 1989) pg. 137.

—. “TTieSexes: Myth America in lhe Workplace”. U.S. News &amp; World Report 106 (May 15,1989) pg. 14.

Walgenbadi, Paul II., et al. Principles of Accounting. Orlando, Florida: Harcourt Brace Jovanovich, Inc., 1987.

47

�IJSCallegr Drive
Cisptr, Wyoming 81601

Spring 1990

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                    <text>CASPER

XCASPtB COLLEGE

WYOMING^

CHkLUNEC

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

�Challenge
Iv
Published at Casper Community College
Casper, Wyoming 82601
February 1991
Copyright by Casper Community College

�Challenge: 1991
Table of Contents

Genevieve A. O'Keefe

Justice Leads to Happiness

Vikki Epperson

El Invierno

Molar Volume of Oxygen

Interrogatories

5

......................................

1

Jason Miller........ ..................................

Nickie S. Peterson

Native American Poetry

Rox Monterastelli

Paula Franklin

8
10
15
18

Loel K. Robinson ................. ..

19

..........................................................................

24

Anita Schroeder

..................

25

............................................................................

21

Brief of a Supreme Court Decision

Mi Abuela

....................................

..............................................................................

From the Land of Morning Calm
El Flicker

...............................

Helen Schindler

Lee Glendenning

La Vista

...................

The Search for the Meaning of ARC

Fred W. Jacquot .................

28

Intake Memo

Gail Grosenheider ..................................

32

Lab Report

Nancy Young ........................................

36

Donna Karan

Lorinda Welch

....................................

42

.....................................

45

.............................................

52

Interoffice Memorandum of Law
Sign
Letters

Pat Lockhart

Anita Schroeder

Kerry Myers, Victoria Savage

Cover design executed by Eric Valdez

..........................................................

54

�Introduction
Casper College is pleased lo present the rilih issue of Challenge, a magazine to honor
excellence. As a display medium for academic endeavor. Challenge solicits superior
examples of student writing from all college disciplines: our purpose is lo illustrate both
the breadth and depth of course work on our campus. Instructors have selected
representative writing from their courses, and, though we do not include pieces from
writing classes, we encourage all forms; exams, reports, essays, term papers. This issue
represents work submitted in response lo the call for papers for two semesters, spring
1990 and fall 1990.
Arlene Larson, editor
Casper College
Casper, Wyoming
Spring, 1991

«l&gt;eC&lt;Al cot: E'-TtHM#

I-

ePER COl ..EGE

■- ' ' ■

�Justice Leads to Happiness
By Genevieve A. O’Keefe
Course: Ethics
Instructor: Dr. Robert Carlson
Assignment: The essay is in response to an examination question. The student received a
narration concerning Oliverotto of Fermo; the instruction was to write an essay to convince
Olivorolto that justice is the habit of giving someone his due (right); that Oliven&gt;tto ought to
practice justice willingly; and that justice will lead to happiness. The student was to use certain
terms and references in the essay as appmpriatc.

A simple question. What do all persons want?
A simple answer. Happiness. A more difficult
question. What is happiness? And, assuming
there is an answer to that question, a third and
final question. How docs one achieve this thing
etdied happiness?
By his very nature, that is his essence, his
inborn character, man has certain basic needs.
Man’s necessities include the obvious, air, water,
food, shelter. However, they also include such
nonmaterial things a.s knowledge, love and virtue.
Along with these needs, man also has wants, those
sometimes overwhelming desires for things

beyond his needs.
The idea of retd versus apparent goods parallels
the distinctions between needs and wants.
Mortimer J. Adler says in Six Great Ideas that
“Those things that satisfy or fulfill our needs or
natural desires arc really g(xxl for us. Those that
satisfy our want.s or acquired desires arc things
that appear good to us when we consciously desire
them.’’ Thi.s distinction is of utmost importance
because from it follows the very definition of
happiness, which is, “Happiness is the possession
of all the real goods in their proper order and
amount and apparent goods in so ftir as they do not

5

�Fogliani. A.s an adult he mastered Ute art of war.
Feeling that it was unworthy to be dependent on
Olliers, he set out to kill his uncle and seize control
of the city of Fenno. He planned and carried out a
scheme to do just that. He desired great power.
We make the assumption here that Oliverollo
must have felt that his actions would bring him
that which all men seek, happiness. Olivcrollo's
control of Fenno had lasted one year when he was
killed by yet someone else desiring great power.
A true moral relativist thoroughly schooled in
the Thrasymachian principle of justice, where
justice is held to be simply die advantage of the
stronger, Oliverollo would have u.s believe that
killing his uncle was in fact an act of justice. The
moral relativist holds the idea that all virtues,
including of course justice, and in fact all
judgments differ according to circumstances,
times or cultures. The ultimate reality of the
absolute, which is regarded as uncaused,
unmodified and complete, as well as constant,
hold.s no meaning for the relativist. Neither doc.s
the concept of objective order, how something
exists in and of itself, independent of the mind.
The moral relativist i.s concerned merely with the
subjective, the perception or conception of a thing
by the mind as opposed to its reality independent
of the mind. One last concept which is alien to the
moral relativist is universality. Nothing is seen a.s
affecting or including the whole; to him there is no
such thing as an unchanging nature through a
scries of changing relations. Rather than
generalizing, he deals in the particular, applying
principles a.s if they belong to a single, definite
person, thing, group or event.
Faced with the formidable task of convincing
Oliverollo or any moral relativist that his view of
justice a.s the advantage of the stronger is wrong
and that justice truly is giving each man his due, I
would begin by pointing out that failure is built
into his system of justice. The moral relativist
invites chaos and anarchy, the naked use of power
which translatc.s into the abuse of power. Relative
justice will not only result in no justice but will

interfere with the real gtxxls.” With that we have
answered our second question.
Man simply cannot need that which is bad for
him. The same is not true of his wants or desires.
The apparent good of something desired can in
fact be destructive if it impedes a man from
getting all his real goods. Perhaps a logical
conclusion then is that man’s needs do not require
control, but his wtuits do. Il looks as though the
control of these wants must necessarily be a
means to this end called happiness. Remember
our third question, how is happiness achieved?
The practice of the cardinal virtues, prudence,
tcmpcrimce, courage, and, most important, justice,
gives man this required control over his desire.s
and can therefore be logically considered a means
to that end. A virtuous life will ultimately result
in happiness.
Justice has been singled out as the most
important of the cardinal virtues based on
Socrates’ analogy of justice in the Slate and
justice in the Soul which is found in The Republic.
“But surely we cannot have forgotten this, that the
stale was just by reason of each of the three
classe.s found in it fulfilling its own function.”
Harmony between the Stale’s Workers, Rulers,
and Guardians analogous to the virtues of
temperance, courage, and prudence in the Soul is
only achieved through justice. Justice, lliat moral
virtue of giving someone his due, balances or
equalizes rights and debts.
All rights, whether natural and objective such
as those enumerated in our own Constitution,
“life, liberty and the pursuit of happiness,” or legal
and positive, those revocable, changeable rights
granted by law, the right to vote, to drink, to
receive an education, carry with them implied
debts or duties. Requiring two parties, some
object or matter and external action for its
perfection, justice exists only when there is a
correlation between the rights and duties of each
parly.
Now meet Oliverollo. An orphan from
infancy, he was raised by his uncle, Giovanni

6

�ullimalcly result in the relativist’s own destruction.
Alternatively, developing die habit, the second
nature, of giving each his due, right for debt, debt
for right, creates an undeniable harmony both
within the individual and widiin the community of
man. Justice its such is steeped in constancy and
objectivity. It is always rational.
Even when convinced that justice is in fact
giving someone his due, the relativists, including
Olivcroito, must realize that the reluctant practice
of justice is not sufficient. Recall that our

definition of happiness included “the possession of
all the real goods.’’ This leads us to the selfevident principle that we “ought to desire that
which is really good.” To desire that which is bad
would contradict our very nature. Justice is an
objective good. It exists apart from any opinion, is
constant and has true value. Therefore, that we
ought to desire justice and practice it willingly is a
logical conclusion. It quite naturally follows tliat
the possession of justice among his real goods will
always lead a man to happiness.

El Invierno
La nicve cubre la Tierra Madre
Ell una manta teinplada y segura.
Tolalmcntc suave.
Tolalmcntc tranquila.
Totalmenie blanca.

The Winter

Y como cl abrigo viejo
Que cubre la mujer de calle,
Algunas cosas sc quedan vistas.
Un arbol desnudo.
Una piedra certa de.
Un no silencioso.

The snow covers Mother Etirlh
In a warm, secure blanket.
Totally soft.
Totally calm.
Totally while.

Vikki Epperson
Spanish Composition I
(Linda Durham, Spanish Instructor)

And like the old coal
That covers the street woman,
Some things remain exposed.
The bare tree.
The Slone fence
The silent river

7

�Molar Volume of Oxygen
By Jason Miller
Course: Chemistry Laboratory 1
Instructor: Dr. Christian Michelson
Assignment: To prepare a written report of work performed in the laboratory.

small lest tube. Add a pinch of KCIO3 to ilic lest
lube and Mn02. Gently lap the test lube with a
finger to mix the contents of the lest tube. Wipe
the outside of the test lube with tissue to clean the
lube before weighing. Have the instructor find the
mass of the lest lube, Mn02, and KCIO3 using an
electric balance accurate to .0001 g. Record the
mass of the test lube, Mn02, and KCIO3.
Construct the lest lube to the apparatus by
attaching one end of a rubber hose to the lest lube
and attaching ihe other end to. the burette after
raising the bulb until the waler level in the burette
is to the lip of the burette. This is done to
minimize the amount of gas in the burette. When
U)c water level in the burette slops moving and the

Purpose: The purpose of this lab is delcmiinc
the molar volume of O2
Procedure: Attach a burette to a ring stand
using a spring clamp. Also, attach a water bulb to
the ring stand. Construct a water manometer by
inverting a burette and attaching a rubber hose to
the bottom end. Attach a water bulb to the other
end of the hose. Pour tap water into the bulb until
the waler level of the burette and bulb are equal
and the burette is almost full. Let the water level
in the bulb be about half full al this point. Pinch
the rubber hose to allow any gases in the hose Io
escape.
Place a very small quantity of manganese
dioxide (Mn02), which is used as a catalyst, in a

8

�apparatus has been checked for leaks, have the
instructor check the apparatus. Equalize the water
levels and record the volume of the waler in the
burette.
Heat gently to decompose the KCIO3 Shield
the burcite and rubber hose from the flame using a
wire gauze. Heal from the top of the lube to the
bollom to allow ihc oxygen gas to escape freely.
Continue heating until about 40 ml of gas is in the
burette. Stop heating and wail 15 minutes to allow
the reaction in the lest tube to stop and to allow the
system lo come to room temperature.
Equalize the waler levels and record the
volume. Remove the lest tube from the rubber
hose and wipe the outside of the test tube with
tissue lo clean the lube before weighing. Have the
instructor find the mass of the test lube and its
contents using an electric balance accurate lo
.0001g. Record the mass of ihe lest lube and its
contents. Record the lempcraiure of the water
using a thermometer. Record lhe atmospheric
pressure (Pjy,^) given by the instructor.

Compulation:
molar volume = (Vj-V2)/(molcs O2)
molar volume = (50.00ml 12.40m l)/((4.4434g - 4.4O32g)*(I
molc)/(2* 15.9994)) = 29930 mi/mole =29.93
L/mole
At STP
Pj = pQijyi - vapor pressure H2O = 632.6 mm
Hg-25.2mm Hg = 607.4 mm Hg
V, =29.93 Umole
Ti = Tpj20 = 26.2+273-K = 299.2’K
P2 = 7^ mm Hg
V2 = ?
T2 = 273’K

Data:
mass of lest tube,
Mn02,and KCIO3
volume of waler in
burette before heating
volume of waler in
burelte after heating
mass of lest lube and
contents after healing
Temperature of water
p
alm

Conclusion: The molar volume of O2 was
found to be 21.83 L/mole at STP which is an error
of 2.565% from the actual molar volume. The
greatest errors in the lab would have been caused
by lhe readings of lhe atmospheric pressure.
Other enors could have been caused when healing
lhe test tube such as waler turning into waler
vapor.

(Pl)*(Vi)Zr, = (P2)*(V2)/T2
(607.4 mm Hg)*(29.93l7mole)299.2’K = (760
mm Hg)*(V2)/273'K
V2 = 21.83 L/mole
Actual V2 is 22.4 L/mole
Percent Error= ((22.4-21.83)/22.4)* 100 =
2.565%

4.4434 g

50.00 ml

12.40 ml
4.4032 g
26.2 C
632.6 mm Hg

9

�Interrogatories
By Nickie S. Peterson
Course: Family Law
Instructor: Mary Kubichek
Given a scenario by the instructor, the student was to draft twenty-five interrogatory
questions to help the lawyer prepare for a lawsuit. Purpose of the suit would be for the plaintiff
to discover what property she should be entitled to.

10

�STATE OF WYOMING

COUNTY OF NATRONA

)
)
)

IN THE DISTRICT COURT
ss.
SEVENTH JUDICIAL DISTRICT

Civil Action No. Hill
LENA SMITH.
Plaintiff,

vs.

RICHARD JONES,
Dcfcndanl.

)
)
)
)
)
)
)
)
)

PLAINTIFF'S FIRST SET OF
INTERROGATORIES TO DEFENDANT

interrogatories thereby is requested to be served
ten days before the pretrial thereto or thereafter.
INTERROGATORY NO. 1

COMES NOW the Plaintiff herein, by and
through her attorney, James W. Owens, and
pursuant to the Wyoming Rules of Civil
Procedure, propounds the following Inter­
rogatories to Defendant, requesting that Defendant
respond to the same within thirty (30) days of the
receipt of the same by Defendant's counsel.

Please slate your present address and telephone
number. If you intend to change your address
during the pendency of the abovc-cniiilcd action,
state also the address (including the telephone
number) at which you intend to reside.
ANSWER:

DEFINITIONS AND REQUIREMENTS

1. The word “person” as used herein shall be
deemed to mean any natural person, partnership,
corporation, municipal corporation, slate or
governmental agency, or any other form of legal
entity of whatever nature.
2. With respect to each interrogatory herein
relating to oral communication, it is intended and
requested that the answer to each said
interrogatory set forth whether or not the oral
communication was by telephone or face to face,
and also that each answer set forth names,
addresses, business positions and occupations
involved in said communications, and the names
and addresses of any other person.s present during
said communications.
3. Supplementation of responses to these

INTERROGATORY NO.2

During the lime that you and the plaintiff lived
logclher, did you ever discuss marriage? If so,
please stale the number of limes marriage was
discussed and the context of those discussions.

ANSWER:

INTERROIJATORY NO. 3
During the lime that you and the plaintiff lived
logclher, how did you introduce one another to
other persons?

11

�ANSWER:
*

INTERROGATORY NO. 8

INTERROGATORY NO. 4

Were there ever any agreements concerning
living arrangements or separation? If so, slate the
nature of the agreements, whether written or oral,
the dales of the agreements and whether you have
a copy of any such agreement which is in writing.

During the time that you and the plaintiff lived
together, what were your arriingcmcnts concerning
domestic chores and responsibilities, and on what
do you base you answer to this interrogatory?

ANSWER:

ANSWER:

INTERRO(;ATORY no. 9
During the time lhal you and the plaintiff lived
logclher, did you file any joint income lax returns?
If so. please state for each joint rclurn filed, the
year for which it was filed, the office in which the
rclurn was filed, the amount of taxable income
reported, and whether you have a copy of the
return.

INTERROGATORY NO. 5

During the lime dial you and the plaintiff lived
together, what were your arrangements and
agreements concerning financial expectations and
responsibilities, and on what do you base your
answer to this interrogatory?

ANSWER:

ANSWER:

IN IERROGATORY NO. 10
INTERROGATORY NO. 6

Please state the names and addresses of all
banks, savings and loan associations, credit
unions, or other depositories in which you have
deposited monies, maintained checking accounts
or savings accounts, or established an IRA account
during the lime that you and plaintiff lived
logclher; in addition, for each such account, please
slate the type of account, the account number, and
name(s) on the account.

During the time that you and the plaintiff lived
together, what were your agreements and/or
expectations concerning the monogamy of the
relationship, and on what do you base your answer
to this interrogatory?
ANSWER:

ANSWER:

INTERROGATORY NO. 7

During the lime that you and the plaintiff lived
together, did you ever discuss arrangements or
agreements in the event of a separation? If so,
what was your understanding of the arrangements
or agreements?

INTERROGATORY NO. 11

Are there any safe deposit boxes, vaults, safes
or other places for deposit in safekeeping in which
you and/or the plaintiff have deposited any money,
documents, or other items of personal property
during the lime in which you and the plaintiff
lived together.

ANSWER:

12

�ANSWER:

INTERROGATORY NO. 16

INTERROGATORY NO. 12

Please list any and all personal property owned
by you, or you jointly with the plaintiff, during the
lime in which you and the plaintiff lived together.
Please include a description of the property, the
location of said property and the present value of
the property.

Please list all stocks and/or bonds owned by
you, or you and plaintiff jointly, during the time in
which you lived together.

ANSWER:
ANSWER:
INTERROGATORY NO. 17
interro(;atory no. 13

Do you hold any life insurance or annuity
policies? If so, with respect to each policy, please
Slate the name of die insuring company, the policy
number, the beneficiary or beneficiaries, the type
and face value of said policies, the person or entity
who pays the premiums thereon, and whether the
premiums arc current.

Please list any and all debts or outstanding
obligations owed by you, or by you jointly with
the plaintiff, and to whom those debts are owed.
ANSWER:

ANSWER:

INTERROGATORY NO. 14

Docs anyone owe money to you, or to you
jointly with the plaintiff? If so, please slate the
name and address of the dcblor(s), the form of
obligalions(s), the amount(s) owed, and the date
each of the obligations becomes due and payable.

INTERROGATORY NO. 18
Please list all gifts, assets, or benefits, without
labor or costs, and value thereof, which you have
received or which you made during the lime in
which you and the plaintiff lived together.

ANSWER:

ANSWER:

INTERROGATORY NO. 15
Please list any and all real property owned by
you, or you jointly with the plaintiff, during the
lime in which you and the plaintiff lived together.
Please include a description of the properly, the
location of said property and the present value of
the properly.

INTERROGATORY NO. 19

Have you ever been married? If so, please slate
the date of said marriage(s). the name, address and
telephone number of person(s) to whom you were
married, the final outcome of the marriagc(s), and,
if the marriage(s) ended in divorce, please include
the dalc(s), civil action number(s) and county(s)
and staie(s) in which the divorce decree(s) was
filed.

ANSWER:

13

�ANSWER:

intkrr(k;atory no. 23

interro(;atory no. 20

Arc you presently employed? If so, please state
your place of employment, including the address,
telephone number and your immediate supervisor.

Do you have any children? If so, please siaic
(heir names, addresses, dales of birih, names of
their mothers, lheir custodial parent and your
financial responsibility lo each of those children.

ANSWER:

INTERRO(;AT()RY no. 24

ANSWER:

Please list in detail your employment history
for the entire lime that you and the plaintiff were
living together. This should include, but not be
limited lo your place of employment, addrcs.s of
employer, telephone number, position held,
immediate supervisor, and your rate of pay.

interro(;atory no. 21

Other than this litigation, have you ever lx?cn
involved in a lawsuit? If so, please state the name
of the case, the docket number, the county and
stale in which the lawsuil was initiated, a detailed
description of your role in the lawsuil, and the
final outcome of the lawsuil.

ANSWER:

IN IERROGATORY NO. 25

ANSWER:

Please slate in detail all sources tind amotinis of
your present income, including but not limited lo
employment, interest income, dividend income,
inheritance and employee benefit plans. Do this
for each year during which you cohabiiaicd.

INTERROGATORY NO. 22

Have you ever been convicted of a criminal
offense? If so, please detail the incident of your
arrest, the county and state in which the arrest
and/or conviction was obtained, and the final
outcome of the conviction.

ANSWER:

DATED this

day of

, 1990.

ANSWER:

CERTIFICATE OF SERVICE
This is lo certify that on the day of
, 1990, at Casper, Wyoming, I served the above and foregoing
by depositing a true and correct copy thereof in the United Stales mail, duly enveloped, sufficient postage
prepaid and addressed lo:

James W. Owens

14

�Native American Poetry:
One Evolution
By Helen Schindler
Course: Native American Literature
Instructor: Jacqueline Valdez
Assignment: Write a research paper on some facet of Native American literature and/or
culture, tying the two together as appropriate.

Poetry can be defined as the use of language in
a way that creates an emotional response in the
reader. Poetry usually has a rhylhym that is
pleasant to the car, but not always, and is in
concert with the subject of the piece. It can be as
short as one or two words, or as lengthy as
multiple volumes. Because it creates an emotional
response, poetry is used deliberately for whatever
purpose the audior has in mind. Love, hate, joy,
hope, indifference, social awareness and change
are all within the range and scope of the poet.
Most cultures have poetry and probably all
cultures use it in similar ways. The poetry of

Native Americans expresses their hopes and
prayers, their history and religion, just as the
poetry of any other culture expresses the same
thing. As a culture deeply rooted in respect for the
environment and totally in tune with nature, the
American Indian has a wealth of spirituality to
draw from. In the past the poetry of Native
Americans reminded the people of their history
and heritage taught about religion and
relationships, and life and death through songs,
chants, and incantations, and continues to prepare
the people for the future by celebrating the past.
Although early Native Americans used poetry

15

�Historically prayer was the substance of life.
Unlike modem religions, even Christianity, belief
was not something that was acquired. It was a
lifestyle. There was no life without prayer.
Spirituality was who they were, a oneness with
the animals and the land. Prayer was the covenant
between the land and the gtxls. Alonzo Lopez,
writes in hi.s poem “Direction” (Dodge and
McCollough 68), a tribute to the four directions
plus the earth and sky. It is a prayer asking to be
one with the universe.
Native Americans used p&lt;x?try to teach. Many
hours were spent reciting the history, practices,
and beliefs of the community. The children were
taught the ways and works of their ancestors, how
the world began, how it will end, and all the
information needed to sustain life through the
songs and poems of the people. A Mandan poem,
"A Bedtime Song For Children" (Brandon 90-91),
sounds very much like a Mother G(K)sc rhyme. It
has a p!ca.sant rhythm, suspense, and a lesson on
fear. Poetry or songs were rarely used purely for
entertainment. Mostly they were used to gain
control of a situation, or to make something right,
as in prayer. Every part of Indian life had a
purpose. Nothing was wasted. Because
everything was lied to everything else, or the idea
of the circle, each action or thought or word wa.s
related.
Though the original Native American poetry
was oral, and not literal (Western Literature
Association 12), the work of modern Native
American poets is in the written form. The
artform is natural for Indians. A young Navajo is
quoted in The Way: An Anthology of American
Indian Literature as saying that “...poetry is not an
art form. It is the way the people talk” (Hill 62).
Thi.s statement has been debated, but it is evident
that free fomi verse comes naturally to many of
the modern poets. Rhymed verse is rare. That
medium seem.s to be loo restrictive and confining.
Much of the old way, the songs, prayers, and
chants, is found in the new, the poetry of young

continuously they were unaware of the art fonn.
John Bicrhorsl, in the foreward to the b(.x)k The
Sacred Path: Spells, Prayers and Power Songs of
the American Indians, remarks, “The word
‘poetry’ has no precise equivalent in the Native
American languages” (3). Instead, what is
considered poetry by European Americans is
actually songs, prayers, spells or words of songs.
William Brandon, in the introduction to The
Magic World: American Indian Songs and
Poems, writes, “Some of our most honored
masterpieces, such as the works of Homer, have
descended from the same conditions that apply to
most American Indian Literature and oral
tradition, translations, uncertain authorship” (xii).
Each poem and poet is highly individualistic.
Unlike European poetry, the voice is not that of
“I” but instead it is that of everyone, or a
representation of the whole. This reflects the
Indian humbleness of spirit and belief that
everyone is part of the whole. “Among the most
widespread metaphors in the Indian poetry arc
those in which good health is compared to sunrise,
or the lifetime of the individual is compared to a
path, or road” (Bierhorst 6). This explains the
relationship between natural forces in nature and
the people.
Every Indian had his own song. Some had
many songs. Wealth is measured by different
standard.s in different cultures, and often money or
material wealth meant very little when compiled
to spiritual wealth. To be without a song was to
be poor. Brandon states, “Life was a mystic
adventure and making up songs and singing them
its most important business” (xi). Each song was
as unique as the individual. The theme of each
song or poem is different to each reader just as
every subject is different or special to each poet.
In the introduction to the book Harper’s
Anthology of the 20th Century Native American
Poetry, Brian Swann says, “Native American
poetry is the poetry of historic witness” (Niatum
xvii)

16

�Native American writers. There is always a
reference to the land. The land is the common
denominator of all Native American writings,
beliefs, religious ceremonies and customs.
Niatum writes, “Simon Ortiz was told by his
grandfather, medicine man and elder of the kiva,
‘how we must sacredly concern ourselves with the
people and the holy earth’” (xxviii). In the new as
well as the old the earth, sky, animals, plants, and
man are very closely connected.

Leads me to my friend, the white man.

I come again to my miracle hill.
At last, I know the all of meOut diere, beyond, and here upon my hill. (93)
Both poems have reference to the wind, the
elements, and the soul. Even the love songs and
poems make reference to the earth and sky. This
is from an ancient song: “Ojibwa: Love-charm
Song:” “ ...I can do this where he may be/under
the earth/or in the very center of the earth!”
(Brandon, 99). This is the work of modem poet:
“Indian Love Letter” by Soge Track, “Lady of the
crescent moon/tonight I look at the sky...” (Dodge
and McCallough 113). In love all cultures seem to
be of one accord. The moon and the heavens and
the earth are universal symbols of love!
Native Americans have had their land stolen,
their families kilted, and their homes taken away
by the white government. They have been forced
to relocate to a hostile environment, learn new and
unfamiliar ways of doing things, and to reject their
heritage. Indians have, through the years, endured
more hardships, both physical and spiritual, than
most while men can even imagine. Their faith
has been shaken, their beliefs ridiculed and
belittled, and their souls bmised. However, if the
writings of the new generations of Native
Americans are noted, their spirit is still strong. It
seems they are finally beginning to find a place in
the new world in which they have been forced to
live. Their poetry is strong, and although it
contains, understandably, a strain of bitterness, it
also canies a message of hope to all the world.
Niatum writes, “Although the poets differ from
one another widely, they can hold their own on the
American literary scene today. They have become
an integral part of it” (xix). Through the
messages and feelings found in the poems of the
Indians, our world can find hope for a better,
stronger future.

Paiute: Ghost Dance Song
The whirlwind! The whirlwind!
The new earth comes into being
swiftly as snow.
The new earth comes into being
quietly as snow. (Brandon, 129)
The above is an example of an old song. The
following is an example of the new poetry. This is
found in The Whispering Wind: Poetry by Young
American Indians, edited by Terry Allen. The
author is Emerson Blackhorse Mitchell.
Miracle Hill

I stand upon my miracle hill.
Wondering of the yonder distance.
Thinking. When will I reach there?
I stand upon my miracle hill.
The wind whispers in my ear.
I hear the songs of the old ones.

1 stand upon my miracle hill.
My loneliness I wrap around me.
It is my striped blanket
I stand upon my miracle hill.
And send out touching wishes
To the world beyond hand's reach.
I stand upon my miracle hill.
The bluebird that flies above

17

�Works Cited
Allen, Terry, ed. The Whispering Wind: Poetry by Young American Indians. New York; Double Day &amp; Co., Inc.,
1972
Bierhorst. John. ed. The Sacred Path: Spells, Prayers and Power Songs of the American Indians. New York: William
Monow &amp; Co.. 1983.

Brandon. William, ed. The Magic World: American Indians Songs and Poems. New York: Alfred A Knopf. 1972.
Dodge. Robert K. and Joseph B. McCollough, eds. New and Old Voices ofWah' Kon-Tah. New York: International
Publishers, 1985

Hill, Shirley, ed. TheWay: An Anthology ofAmerican Indian Literature. New York: Alfred A Knopf, 1972.

Nialum, Duane, ed. Harper's Anthology of 20lh Century Native American Poetry. New York: Harper &amp; Row. 1988.
Western Literature Association. A Literacy History of the American West. Fl. Worth: Texas University Press. 1987.

La Vista
Estoy despertado por un dulce vienlecilo
Con las carcajadas de un gallo.
Al levantarme estoy sorprendido
del aroma de mi curarto
estoy acostumbrado al olor de un desayuno
continental
pero hoy no es asi
hoy hay un olor que no puedo describir
no es olor malo, Iosco
sino que un olor de temor
si temor tuviera olor.
Viendo por mi ventana,
parece que estoy saludado por un grupo
de nubes muy enojadas.
Un viento violento se
ha comido el vientecito dulce
que me levanta.
Ahora s6 que es cierto,
nos viene de visita la maldita Fifi.

The Visit
A gentle breeze carries the cackle
of an early rising rooster
Which promptly wakes me up.
While arising, I am startled at
the aroma in my quarter,
for I am expecting the usual scent
of my continental breakfast.
But not today; today there is a smell that is
indescribable:
not a bad or gross smell,
but a smell of fear,
if fear were an odor.
As I peak out my window,
it seems as if I am being greeted
by a barrage of dark angry clouds,
and the hoarse whistle of a violent wind
that has eaten the gentle breeze that awoke
me.
It can't be denied now,
we will be visited by Fifi.
Hurricane Fifi

Gordo (Lee Glendenning)
Spanish Composition I
(Linda Durham, Spanish Instructor)

18

�From the Land of Morning Cahn
To the Land of Milk and Honey
By Loel K. Robinson
Course: Cultural Anthropology
Instructor: Dr. Barbara Mueller
Assignment: The student was to interview someone from a foreign coxintry and, using an
assigned outline, write a modified ethnography.

Chang-Kyo Kim is a 65-year-old naturalized
citizen who emigrated from Korea to the United
States in 1945 to go to school. His original plan
was to finish his education and lake the best of
American know-how back to his homeland where
he would establish his career, marry and settle
down to a productive life. But, like many foreign
students, he ended up meeting his future wife in
this country and settling in the United Stales. For
this, I am grateful, because my interviewee also
happens to be my father.
Being this close to the subject, I had to consider

the effect our relationship would have on my
objectivity in this project, but in the end, the
“problems” presented an irresistible perspective to
work from. The opportunity to transmute booklearned knowledge about anthropology into an
understanding gained at a personal, more
meaningful level seemed quite in line with the
holistic philosophy of anthropology. Ideally, I
would be able to both contribute and gain insight
into the makeup and experiences of my foreignbom subject who, not incidentally, wielded great
influence upon my personality. Firsthand

19

�economy, eagerly seeking its place in intcmalitxial
affairs. Since World War II. Korea has been
aggressively westernizing its culture and like
many other Asian societies, a distinct contrast
exists between its native traditions and its current
synthesis of western culture and ideals.

knowledge of the person and secondhand
knowledge of the culture placed me in a category
often found in the United States-that of a firstgeneration American.

Overview

Religion, World, and Cosmic Views

This study focuses on a nanow, but interesting
portion of Korea's long history. The Korea my
father experienced was a country in flux:
engineering a bridge between the ancient and the
modem, the east and the west. The optimistic
description of Korea as the “Land of the Morning
Calm” belies its long tradition as the political
arena for Manchuria, China and Japan. From
1910 to 1945, Korea suffered under colonial rule
by Japan, the twentieth century episode in a long
history of political struggle and invasion. It is no
coincidence that Korea's Independence Day is
August 15, 1945--the day the Japanese
surrendered to the Allied forces and ended thirtyfive years of oppression.

Traces of prehistoric man have been uncovered
at Tonggwanjin, the Chommal Cave, and on
Yongdo island, but ethnically the Korean people
trace their roots to the Tungusic branch of the
Mongoloid race who also inhabited Siberia,
Manchuria and Mongolia. Because of its
geographic position, Korea integrated influences
from China, India, Manchuria and Japan into a
national identity, uniquely Korean.
Native shamanistic traditions undergird the
system of beliefs that also include Chinese
Confucianism, Indian Buddhism, and, most
recently, Christianity. Korea seems unusually
tolerant of religious differences. Statues of
Buddha, pagoda temples and Protestant churches
are everywhere, and evidence of each religion’s
impact on everyday Korean life is visible in
bustling local shrines, nationally observed
holidays, and a thriving YMCA. Historically,
Korea not only preserved Confucian ideology, but
also physically extended the scope of China's
influence to Japan. Increased missionary activity
coincided with increased nationalistic awareness
to merge political and spiritual senses in the early
1900‘s.
Holidays commemorate both religious and
political events. Buddha's birthday. Children's
Day, New Year’s, and ancestor worship break up
the seasons and reflect Korean reverence for old
age and family lies, and diverse religious
acceptance. An astrological calendar and a Julian
calendar serve different purposes: one mystical
and rich in folklore, the other practical for
functioning in an international timeframe.

Old resentments fade slowly. My father
has never owned a Japanese car. When I
graduated from high school, my father
refused to buy me the Japanese car my
mother and I deemed most practical for a
young college student commuting long
distances in an urban area. I did get that
car, but it was significant to me that my
mother had to pay for it with money earned
from her job. Years later, when / brought
up that incident, my father told me about his
father’s first car-~an American model—a
great luxury and the latest technology, and,
to a little boy, a chrome and steel
manifestation ofAmerican ingenuity.
It was under these circumstances that Korea
began its transition from an agrarian economy,
poor in natural resources, to a dynamic,
industralized country with a fast-growing open

20

�Language

translating his thoughts into English.

Material Culture

The Korean language falls within the Altaic
family. Before it mysteriously ended, the Altaic
civilization was believed to have been more
widespread than its southerly contemporary, the
Greek civilization. The breadth of Altaic
influence is evidenced from the crown jewels
found in the Kyongju tombs to ancient jewelry
displayed in Leningrad. Koreans had no written
language before C.500B.C., when Chinese
pictographs were imported, but Chinese symbols
didn’t precisely fit the Korean spoken language
and were accessible only to the scholarly elite
class, the yangban. So, during the Lee dynasty
(approximately 500 years ago) King Sejong
formed a taskforce of scholars to develop a
phonetic written language that the common people
could easily learn. This commendable cultural
achievement resulted in widespread literacy and
today the 40-leiter native alphabet, han'gul, is
relatively uncomplicated by regional diversity.

Korea is a mountainous, peninsular country on
the southeastern coast of Asia, bounded by the
Yellow Sea and the Sea of Japan. Its weather
ranges from harsh winters to monsoonal summers,
with only one-fifth of its land suitable for
cultivation. Traditional crops were rice, wheat and
barley, from which developed a fairly simple
cuisine based on rice and kimchi (a spicy,
fermented salad made of white turnips and
cabbage), supplemented by fish, and, to a lesser
degree, beef and pork. Soups were an important
part of meals, so eating utensils included long­
handled spoons with shallow bowls along with
chopsticks. Today's more affluent, industrialized
society has added more meat, poultry and dairy
products to their diet, and, since it has departed
from an agriculture-based economy, Korea now
imports most of its rice.
Traditionally, houses were built of stone
mortared with clay, and covered with a heavy tile
roof. A distinctively Korean feature called ondol
has existed since the fourth century B.C. Ondol is
a heating system consisting of a network of flues
installed in the stone floors which carry heal from
a central woodbuming stove to different rooms.
The stone floors are covered by clay, then a
linoleum-like oiled paper. Although this
ingenious system has allowed comfortable living
conditions for a majority of the population for
centuries, it has also contributed to a serious
problem Korea faces today-deforestation of their
countryside. Denuded forests combined with a
relatively sandy soil have led to soil erosion
problems, which, in turn, necessitate heavy
fertilization of arable lands. The Korean
government has invested heavily in reforestation
programs in an effort to alleviate this situation, but
it is said that today no tree in Korea stands over
twenty feet high.
Settlement patterns followed the needs of a
clan-based, agrarian society. In rural areas.

/ remember telling my father (when I was
young enough to get away with it) that he
“talked, funny." Z grew up in a society with
an insular attitude toward language. The
Ugly American always traveled abroad
expecting everyone to speak English. ! was
that American when I hitchhiked through
Europe in the early 70's. What a revelation
to travel no further than the New Jersey
Turnpike runs and find myself in a different
country than I had begun the day’s
adventure-complete with different culture,
food, and language. My father grew up
being forced to learn English and Japanese
besides his native language. With childish
shortsightedness he resented having to study
unnecessary subjects. My father’s “funny “
English was good enough to teach Wellesley
summer school students. He recollects the
day he realized he was thinking in English
rather than thinking in Korean and

21

�lone, reflecting popular culture throughout the
generations. Operatic music is composed as long,
dramatic narratives and preserves myths and
legends. Different types of music demanded
different kinds of instruments, each appropriate for
its genre of music. Court music used bells, flutes,
and L-shaped stone percussion inslrumcnis played
like a xylophone. Three eleven-lo-twelvc-stringed
instruments, and hourglass-shaped drums were
used for popular music. Today, most of this
indigenous music has taken on ceremonial
significance or has been adapted to western music
styles. In the early 1900s, a new form of popular
song called ch'angga combined elements of
Christian hymns, patriotic themes and western
melodies. These songs uplifted the oppressed
Koreans and fueled their growing sense of
nationalism during Japanese occupation.
Dancing between men and women as a social
activity is traditionally taboo. Most dancing was
done for ceremonial or religious purposes, and
ascribed movements like shoulder-shaking show a
markedly Mongol influence.

extended family units lived in compounds within
their farms. Small towns evolved inland to
provide support services for the farmers and along
seacoasts where fishing was successful. Today,
the effects of an industry-based economy have
drawn the majority of the population to the cities
where employment and previously self-produced
necessities are available.
Traditional Korean clothing includes short
jackets for men and women (cotton-quilted in
winter) and long, loose skirls or pants tied at the
ankle for men. White so predominated as the
color for everyday clothing that the Chinese and
Japanese called Koreans “white clothes people.”
Women and children brightened this plain palette
with bright stripes on the sleeves or multi-colored
ribbons. Shoes were moccasin-type of woven
straw, or less, often, leather. Men wore horsehair
hats shaped somewhat like tophats.
Today, traditional clothing is reserved for
special occasions while western-style clothing is
more typical for daily wear. One sees more
traditional clothing worn in rural areas, so that
traditional attire may eventually come to signify
socioeconomic differences.
Historically, weapons were spears, bows, and
anows, and broad swords. During the Japanese
invasions in the fifteenth century, Admiral Yi
Sunsin invented his famous “turtle ships“
(kobukson) which were iron-plated, spiked
fighting vessels with cannon installed on all sides.
Modem Korea's military abounds with the hightechnology weapons and nuclear power that
guarantee efficient destruction. Being the “bone“
that China and Japan fought over may have
developed in Korean society a fierce sense of
survival.
Chinese-inlluenced musical instruments and
styles predominate in classical Korean music.
Having three kinds of music ensures a rich
diversity of sound present in all facets of Korean
life. Court music has a formal, ritualized sound
similar to ceremonial Chinese and Japanese music,
while folk music has a more casual, emotional

Social Relationships
Koreans traditionally follow a patrilineal
method of tracing descent-girls were removed
from the family tree once they married. If
widowed, a virtuous young woman was not
expected to marry again. Widowers, on the other
hand, were permitted to remarry, especially if no
sons had been produced. The relationship
between father and son (particularly the eldest)
was primary, with the husband-wife relationship
taking a back seal to the male-dominant structure.
Sexual mores were strict, with boys and girls
leading segregated lives after they reached seven
years old. Homosexuality was taboo. Combined
with a reverence for one's ancestors, these clearcut codes of behavior helped define individual
identity and preserve family structures. Families
were male-centered and practiced primogeniture,
with the eldest son assuming the lion's share of
family responsibilities and obligations along with

22

�the family wealth and properly. The eldest son
was expected lo run the family farm, lake care of
aging parents and, especially, maintain the
ancestral tombs. Daughters were expected lo run
the household and raise the children, showing
deference lo the elder women's (mothers-in-law)
wisdom and experience. Relationships within
clans were exogamous and marital practices like
arranged marriages and not marrying within the
same “clan-family“ helped develop kinship
loyalties.

powerfully equalizing effect on Korean class
structure.
Sangmin the “common people’’ made up the
bulk of the population and ch'onmin were the
“despised people.“ The sangmin, although
common, were still respectable; however, the
ch'onmin were laborers, prostitutes and slaves.
Endogamy within class preserved the class
distinctions and, although 1 don't know how
strictly this is observed, prejudices take longer to
fade.

My father used lo tell us about his
father's eating at his own table while his
mother ate in the kitchen with the children.
Although he remembers being granted the
privilege of eating with his father on special
occasions (getting good grades, for
example), he never mentioned his mother
dining with his father. We children were
always more than a little in awe and fearful
of our father, although I now realize that he
is unusually affectionate for a Korean man.
When he suddenly sneezed, we jumped.

To me. my father has always presented a
frustrating and seemingly irrational
combination of intellectual idealism with
worldly prejudice. He believes in being a
“good" person and is morally sound,
uncompromisingly ethical and kind, but his
aristocratic mindset has always beenforeign
to me. Daddy, in America we have no class
distinctions, and everyone is born equal.
This preoccupation with yangban and our
family's two thousand years of written
history plays over and over again in my
head like an outdated song: Nostalgic, but
full of images belonging to some other time
and place.

Classes
Korean society is traditionally stratified into
four classes. This system has had a significant
effect on the shaping of politics and history. The
highest (yangban) class was the scholarly, ruling
class whose members filled elite government
positions while the chungin class or “middle
people’’ provided lower government officials. At
a philosophical level, the yangban professed
Buddhist ideals by which the individual was
rewarded for good works, but this conflicted with
equally accepted Confucian idealogy promoting
the concept of a central government, ruled by an
elite class trained in rational thought. Selfperpetuating interests of the yangban class
certainly fortified the movement whereby
Confucianism edged out Buddhism as the stale
religion. Not surprisingly, the yangban opposed
the development of han'gul which would exert a

Differences and Similarities
Korean's history reminds me very much of how
my own country has pieced a quilt of culturally
different people into one richly complex society.
We share a similar problem of “melting” diverse
cultural influences into a unified national identity
without losing the very differences that enrich our
culture. Prejudices, stereotypes and economic
disparity between groups of people chafe the
everyday operations of the societal machine.
Although the United Stales is geographically
much larger and endowed with more abundant
natural resources, Korea’s transition from an
agrarian society lo an industrialized world citizen
echoes the ruthless nature of our own Industrial
Age. Ecological and aesthetic concerns are

23

�perceived as antiquated, yet distinctly.
"Americanized." He finds they don't
observe traditional values (like respecting
their elders) as strongly as his generation.
Today's Korea is too hectic, too crowded
and the people are too pushy and rude. He
realizes that he has now spent two-thirds of
his life away from his homeland and,
although he is proud of the way Korea has
leaped into the upper ranks of international
citizenship, he is a little bit sad over what
has been lost.

postponed until the more urgent needs of progress
are satisfied. That “bridge” is not clearly defined
but is, instead, an organic process that synthesizes
diverse historical influences, current issues and
human nature.

My parents have recently visited Korea,
and on each occasion found themselves
playing the role of tourist, rather than
members of that society. Many changes
have occurred that disturbed my father's
memories and challenged his sense of what
Korea is. Among younger Koreans, he is

Sources
Covell, Jon Carter. Korea's Cultural Roots. 1983: HoHym International Corporation; Elizabeth, New Jersey

Lee, Ki-baik; trans. Edward W. Wagner. A New History of Korea. 1984. Harvard University Press; Cambridge,
Massachusetts.

El Flicker
Tengo calor dentro de mi casa.
Miro al pajaro carpintero colgando del porche,
Con los ojos negros y la garganta negra,
Hcoteando constantemenie en la nieve.
Con su pico largo.

The Flicker
I am warm inside my house.
I watch the woodpecker hanging on the porch.
With his black eyes and throat.
Pecking constantly at the snow.
With his long beak.

Rox Monterasielli
Spanish Composition I
(Linda Durham, Spanish Instructor)

24

�Brief of a Supreme
Court Decision
By Anita Schroeder
Course: Legal Research II
Instructor: MaryKubichek
Assignment: To brief a case decided by the United States Supreme Court within the last
year.

conception and that unborn children have
protectable interest in life. Therefore, the laws of
Missouri should be interpreted to provide imbom
children with the rights and privileges available to
other citizens of the State of Missouri.

Webster v. Reproductive Health Services, 492
U.S., 109 S. Ct., 106 L. Ed.2d 410 (1989).

Facts
In June, 1986, the Governor of Missouri signed
into law a state statute amending existing state law
concerning unborn children and abortions. This
statute had four parts that ended up being in
contention.
1.

2. Sections which prohibit the use of public
employees and facilities from performing or
assisting in abortions not necessary to save the life
of the mother.

A preamble stating that life begins at

3.

25

A section prohibiting the use of public

�funds for the purpose of counseling or
encouraging a woman to have an abortion not
necessary to save her life.

abortion counseling.

4. The requirement that physicians conduct
viability testing.

4. A section requiring that prior to an abortion
in which the doctor has reason to believe the
unborn child is 20 weeks or more gestational age,
the physician must perform tests to ascertain the
viability of the unborn child.
In July of 1986, five health care professionals
employed by the State of Missouri and two non­
profit corporations brought this class action suit to
challenge the constitutionality of the Missouri
statute.

Discussion and Reasoning
1. The Supreme Court need not pass on the
constitutionality of the preamble.
The preamble does not regulate abortion; it is
simply a value judgment by the stale. The
preamble could do no more than offer protection
to unborn children in tort or probate situations.
Lacking any authoritative construction of the
statute by the state courts, without which no
constitutional question arises, a judgment cannot
be made. There will be time enough to decide
later if and when the preamble is applied to a
given situation.

Procedure
A Class Action Suit was brought in the United
States District Court for the Western District of
Missouri, challenging the constitutionality of the
Missouri Statute.
Several weeks after the complaint was filed, the
District Court temporarily restrained enforcement
of several provisions of the act.
Following a three day trial in December of
1986, the District Court declared seven provisions
of the act unconstitutional and enjoined their
enforcement
The Court of Appeals for the Eighth Circuit
affirmed the District Court’s decision.
The case was appealed to the Supreme Court of
the United States.

2. The Court disagreed with the lower courts,
saying that the State need not fund abortions.
Nothing in the Constitution requires States to
enter or remain in the business of performing
abortions. Missouri’s refusal to allow public
employees to perform abortions in the public
hospitals leaves a pregnant woman with the same
choices as if the State had chosen not to operate
any public hospitals at all. A woman can still
obtain an abortion privately.

Issues

3. The prohibition on public funding being
used for abortion counseling became a moot issue.

The constitutionality of the following issues
was discussed in the Webster,

The health care officials had drawn their claim
on this issue saying they were not adversely
affected because the provision was directed at
public paid counselors.

1. The preamble, life begins at conception.
2. The prohibition on using public facilities or
employees to perform abortions.
3. The prohibition on public funding for

4. Viability tests were found to be
constitutional.

26

�It is constitutional to ensure that abortions are
not performed where the fetus is viable; this
furthers Missouri’s interest in protection of
potential human life.

Because none of the challenged provisions of
die Missouri Act properly before the court conflict
with the Constitution, die judgment of the court of
appeals was reversed.

Roe V. Wade

General Rule of Law

The Appellants and the United States as
Amicus Curiae (Charles Freed for the United
States) urged the Supreme Court to use Webster to
overturn Roe v. Wade. The facts in this case differ
from Roe, so it can't be overturned, but it was
narrowed.

Nothing in the constitution requires Slates to
enter into or remain in the business of performing
abordons. This decision nanows Roe v. Wade, in
that the trimester viability framework of Roe is not
to be striedy held to; instead tests will be done to
establish viability.

Mi Abuela
Yo estoy esperando sentir la caricia de tus ojos azules.
Yo estoy deseando ver lu sonrisa bella.
Yo estoy anhelando tenerte cerca,
Y quiero oir tu voz tiema en mi oreja.
iCu^do mi corazdn cese heriendo asi?
iPor que es muy arduo soliarte?

Grandmother
I am waidng to feel the caress of your blue eyes.
I am wishing to see your beautiful smile.
I am longing to have you near,
and to hear your sweet voice in my ear.
When will my heart stop hurting so?
Why is it so hard to let you go?

Paula Franklin
Spanish Composition I
(Linda Durham, Spanish Instructor)

27

�The Search for the
Meaning of ARC
By Fred W. Jacquot
Course: Physical Anthropology
Instructor: Dr. Barbara Mueller
Assignment: Student was to write a research paper about a controversial topic in physical
anthropology. This student went beyond the assignment to conduct his own research in the
development of language.

My sludy began with a search for all the
different meanings of the words ARC, ARK, and
ARCH, which are interchangeable, both as
individual words and as parts of larger words. I
began with that form of arc that means ‘bear’ in
Greek: ARKAS. I found that these ‘ARC’ words
readily lent themselves to being grouped by
general meanings. Then I took another word for
‘bear’, ARTH (Celtic), and looked for words that
had within them a form of ARTH whose
definitions would match the general groups into
which I already placed the ARC words. I then did

the same for Latin URSA (bear) and the French
OURS (bear). These are my groups: The Bear,
Names of Persons, Place Names, Ancient Lore or
Skill, Gods and Religion, Government and Kings,
Morals and Values, Geometry and Math, Building,
Sailing, The North, Bow or Hunter, Languages,
Earth, Metals, Mountains, Dawn and the East.
Not only did I find an abundance of words that
fit into my categories or meanings, but the search
itself also led me to begin analyzing all words with
an R in them, and that brought me to some
insights on both ancient men and their languages.

28

�emanating from a point) is the source of LEY (a
line on the earth).
Words may be reconstructed using metathesis,
spelling conventions, and L/R connections to
derive new insight into their meanings. For
instance, ABRAHAM by metathesis becomes ABRAHMA, or MAHARAB, MAHARAB may be
the root for ARAB, a people who trace their
lineage back to Abraham. It is also strikingly
close to the Sanskrit word MAHARAJ, the king.
There is evidence that archaic Homo sapiens
had a reverence for the cave bear, including
holding riles, and placing bear skulls, or remains,
in special vaults (Jolly 317). The facts that
ARKAS, ARTH, URSA, and OURS all mean
bear, and that other forms of these words have
meanings similar to each other, indicates that for
archaic Homo sapiens the word BEAR was rich in
diverse meanings. The diverseness of the
meanings of any word is probably a measure of its
original potency, its importance to archaic men.
Lines were important to megalithic men. In the
early l920’s Alfred Watkins discovered that the
megalithic sites of England lie upon lines called
‘leys’ (Michelle 9). Further, he discovered, by
walking the lines on the maps that connect these
places, that there were ancient paths and along
them standing stones, or stone crosses not shown
on any map. Some, when convenient, had been
taken over by Roman or modern road builders
(Michelle 29). It is now known that similar lines
run through Ireland, Northern France, Germany,
China (known as lung-mei, the paths of the
dragon), and the Nazca plains in Peru (Michelle
26).
To the ancients there was no difference
between a ‘line’ of descent or a mathematical
‘line’. Royally, religion, astronomy, and
mathematics were connected, were strongly
linked, by general ideas and principles. Tribes
were ruled by ‘priest-kings’. The king’s REIGN
was his RULE, He was a RULER, in that he held
the power and he set the RULES (Benevisia 307).
He was a RULER in that he came from a ‘line’ of

Below is most of what I found.
The Indo-European languages come from one
root stock. This stock began ‘branching’ as Icmg
ago as 24,000 B.C. (Renfrew 116). This implies
that language use is very ancient, and that the
Indo-European language users were already in
place in Europe and Asia long before the
introduction of the wheel, the horse, farming,
metals, writing, or sedentary living.
The Indo-Europeans were in close contact with
peoples of other language groups, particularly
those of the Semetic languages. This resulted in a
borrowing of words and ideas across language
barriers, whose extent is not yet fully realized.
This borrowing was so extensive that the different
languages came to be more oriented north and
south than by language family. Thus peoples in
Northern Europe revered the bear and gave the
ARC words to the people to the south, while they
revered the sun, or RA and gave many R words to
the p&gt;eople of the north.
Many ancient languages were written without
vowels and word metathesis was extensive. These
two practices gave rise to creative spelling and
spelling conventions, not all of which are yet
understood. Thus, in Greek, an AURA is a golden
glow but ARUM or OR are plain gold.
Often when an R comes before the vowel, it
refers to a deity, a priest, a religious idea, or a
mystery. When the R follows the vowel, this
implies something accessible to or knowable and
workable by a common person.
R is one of the ‘liquid’ consonants; the other is
L. There is a strong relationship between L and R
within words. The R word is often a principle or
its source, while the L word is its manifestation.
Thus the ROI is the source of the LOL The
ROYAL is the source of the LOYAL. The
REGAL is the source of the LEGAL. The RIGHT
(a direct course, a straight line, a lineage, an
agreement with a principle, a true or orthodox
belief) is the source of the LIGHT (enlightenment,
knowledge, that by which one is guided). The
RAY (the mathematical concept of a line

29

�kings and was lhe source for a future ‘line’. Il was
also his duty, as PRIEST, to lay out, with straight
‘lines’ lhe walls of cities, and lhe precincts of the
temples, to separate the sacred from the profane
(Benevista 307). He ORIENTED the temple to
face east, and RULED by divine RIGHT.
Another duty of lhe priest/king was lo act as
treasurer-assayer-goldsmith for the tribe. There
are many RO ad OR words connected with the
king and with gold: too many to be coincidence.
Many dynasties traced their ‘line’ back to a sun
god. Even today the Japanese emperors are able
lo do this. The sun, of course, is golden; and those
mortals who were properly oriented lo il and its
‘line’ would receive lustrous GLORY, FAVOR,
and GRACE.
Words with BAR, BER, RAB.REB, BRA,
BRE refer lo those times when the authority of the
priest-king was symbolized by his ROBE; which,
literally, was a BEAR skin. This has been carried
forward into modem customs. Thus the RABbi, a
Jewish religious teacher, is linked linguistically to
the Indian holy man, lhe BRAma.

There are interconnections between ARC
words; words that mean ‘bear’; words with ART,
ARS, ARD, ORT, ORD, in them; the word ARM;
the word MARS; lhe word RAM; and the words
ARES and ARIES. These relationships are shown
in Figure 1.
Words with some form of ARC are numerous
in our language. Here are some of them. These
words which are capitalized refer to that which is
unstraight, curved, or bent. The rest of the ARC
words in the list below have religious meanings:
charisma, charm, cherub, choir, CHORD, chorus,
church, CIRCLE, CORD, CORNER, CORONA,
coronate, CORRUGATE, CORRUPT, credo,
CREPE, CRESCENT. CROWN, CRINKLE,
CRITH, CROOK, CROOKED, cross, cure, curse,
CURVE, karma, sacred, TORCH (from O.E.D.)
The R words in our language are heavily
represented among words for metals, signs of lhe
Zodiac, and words that have religious meanings.
Even personal names in lhe Bible have a
disproportionality high number of R’s in them.
There are over 30 names in the Bible which have
an R in them and which begin with A. Six of
them also contain a RAM within them; and one
contains a REX (Schaff 1065-1076).
All I have presented suggests that in the limes
of the priest-kings knowledge was unified; and
individual words had more potent meanings than
they do today. This gave men a more connected,
and more united world. Evidence of this simpler
existence, of simpler beliefs, has been preserved in
a changing, yet ‘immortal’ vessel: language.
What we learn of these people will depend, in
part, upon our skills to survey, excavate, and
analyze this find.

Note: This paper is condensed from a thirtytwo page paper.
© 1990 Fred W. Jacquot

30

�Works Cited
Benvcnisl, Emile, et al. fndo-European Language and Society. Coral Gables, Florida: University of Miami Press,
1973,
Jolly, Clifford J. and Fred Plog. Physical Anihropology and Archeology, fourth edition. New York: Alfred A. Knopt,
Inc., 1987.
Michel, John. The View Over Atlantis, third printing. New York: Balantine Books, Inc., 1973.

O.E.D. Oxford English Dictionary. New York: The Clarenon Press, 1961.

Renfrew, Colin. Archeology and Language: The Puzzle ofIndo-European Origins. New York: Cambridge University
Press, 1987.
Scharf, Philip, editor, The Bible Interpreter, Comprehensive Bible Helps. New York: J.A. Wilmore and Company,
1897.

31

�c

Intake Memo
By Gail Grosenheider
Course: Paralegalism I
Instructor: Mary Kubichek
Assignment: Students were to interview a client then record the factual information for the
attorney who employs them.

32

�Law Ofiices of
Kubichek &amp; Kubichek
1234 Second Street
Casper, Wyoming 82601
(307) 266-1234

TO: Mary Kibichek
FROM: Gail Grosenheider
DATE OF MEMO; November 12. 1990
DATE OF INTERVIEW: November 10,1990

CASE: 1089
FILE: 90-234
KIND OF CASE: P.I.
RE: Adam Ables

PERSONAL DATA
NAME OF CLIENT: Adam B, Ables
ADDRESS: 7576 Oak Drive, Casper, Wy 82602
PHONE: 577-2345 (Home) 266-6789 (Work)
AGE:
35
MARITAL STATUS: Married
EMPLOYMENT: Casper Coal, Inc.

they arrived at Mr. Drake's home. They were told
the party was in back by the pool. On the deck a
bar and a table with hors d’oeuvres were set up.
The party was loud and it was obvious that many
of the people had already had quite a lot to drink.
Both Adam and Ann got a drink and began
walking to the other side of the pool where they
saw Barry and Cindy standing. At this time, Ed
Ego and Frank Flake spotted them and began
rushing toward Adam and Ann. They were
laughing and jostling each other and were quite
obviously drunk. When they got about three feet
from Adam and Ann, they lunged at Adam and Ed
said, "The last one at the party gets thrown into the
pool." They dragged Adam toward the pool and
half pushed and half threw him in. They were at
the comer of the pool and on the way in Adam's
right leg and ankle hit the side of the pool and
shattered.
Adam said he knew right away that he was
badly hurt. He tried to reach the edge of the pool,
but could not reach it. He had to swim to reach
the edge. He said he was in great pain and called

You asked me to conduct a comprehensive
intake interview of Adam Ables, our client, in
order to find out why he contacted our office. Mr.
Ables would like to find out if he can collect outof-pocket expenses incurred due to an accident on
July 20. 1988.
On July 20, 1988, Mr. Ables and his family
arrived in Spanish Fork, Utah, after a 10-hour
drive from their home in Gillette, Wyoming.
They had traveled to Spanish Fork to attend the
wedding of their friends, Barry Baker, and Cindy
Capps. Adam's wife, Ann, was to be a bridesmaid
for Cindy. They arrived later than expected, so
they went directly to the church where the
rehearsal for the wedding was being held. After
the rehearsal, the wedding party was going to a
local restaurant for the pre-nuptial dinner and then
to a party to be held by Dick Drake, a friend of the
groom. Adam and Ann wanted to shower and
change after their long trip so they told Barry and
Cindy to go to dinner without them and they
would meet them at the party at Dick's home later.
Approximately four hours later at 10:00 p.m.

33

�for help. He said everyone was laughing and a lol
of pushing had begun on the edges of (he pool as
other people were trying to push each other into
the pool. He said he could see that Ann was trying
to gel lo him to help him, but Ed and Frank were
threatening lo throw her into the pool also.
Finally, when Ann began crying, they realized that
Adam was really hurt. Adam said it was probably
only a matter of seconds while al! this took place,
but lo him it seemed like an eternity.
Ann, Ed, and Frank finally got Adam out of the
pool and it was quite evident that Adam's leg was
broken. Dick got Adam into his car and look him
and Ann to the local hospital. They arrived at the
emergency room in about ten minutes and were
assisted by a nurse. Dick, being very inebriated
himself, was rude and abusive to the nurse. After
a brief exam, the nurse said she was going to call a
doctor to examine Adam. After examining Adam,
Dr. Grim told them that Adam's leg was broken
and his ankle shattered. He said he would put an
inflatable cast on it and have it x-rayed in the
morning. The next morning Adam was x-rayed
and Dr. Grim said it was more complicated than
they could handle in Spanish Fork so Adam would
have lo be transported to Salt Lake City.
Dr. Hugh Helper told Adam and Ann surgery
would be needed to set the leg and pin the ankle,
and that Adam was scheduled for 4:00 p.m. that
afternoon, July 21. Ann relumed lo Spanish Fork
to take part in the 2:00 p.m. wedding and returned
to Sall Lake City immediately afterward lo be
there for Adam’s surgery. The surgery was
performed; the ankle was so badly shattered that
eight pins were required lo hold it together. Dr.
Helper told Adam and Ann that Adam would
probably always have a limp and arthritis would
most assuredly develop in the ankle as Adam
aged.
Adam had originally planned lo use only three
vacation days for the wedding. He was due to be
back at work at Energy, Inc., in Gillette,
Wyoming, July 24. He was released from the Sall
Lake City hospital on July 28. Dr. Helper said he

would be able to travel August 4 and made
arrangements for Adam to see Dr. Ivan Ink, an
orthopedic specialist in Casper, for continued
treatment. Adam said he could not afford lo fly,
so he and Ann and their three children drove from
Spanish Fork to Casper. They arrived in Casper
on August 6 for their appointment with Dr. Ink.
Adam was able lo return lo work August 18,
almost three weeks later than he had expected lo.
He had another surgery on September 22 lo
remove the pins that had been put in his ankle.
This caused him to be off work an additional three
weeks. After six months, Adam was able lo work
without the use of crutches or a cane. He
continued extensive therapy for six months, which
began December 20 and ended June 30,1989. He
has a slight limp now, but continues with therapy
al home.
Adam would like to receive the money he has
had lo pay over what his insurance covered for the
surgeries and therapy. His medical bills have
totaled $45,000. His insurance, Prudential,
covered 80% of the cost, or about $36,000,
leaving a balance of $9,000 that Adam had to pay.
This put a great financial burden on the family.
Also, Adam used all of the sick leave and vacation
leave he had accrued at Energy, Inc. and had to
take some no-pay days for his treatment. Energy,
Inc. also had a bonus program where every
employee that took no sick days during the year
received $500 for that year and after five years of
using no sick leave received an additional $1,000.
Adam had received the bonus three years prior to
the accident, so lost the bonus for years of 1988
and 1989 and also had lo start over on accruing the
five year sickness free bonus, which he would also
have received in 1989.
Adam contacted Janet Jones, a representative of
the Prudential Insurance Co., about whether Mr.
Drake's homeowner's policy through Stale Farm
would pick up any of the additional expense. He
said Ms. Jones told him to contact Mr. Drake
himself. He called Mr. Drake, who became
abusive and said that if Adam filed any kind of

34

�by holding the party and serving alcohol around
the pool, which could be a substantial hazard to
his intoxicated guests. It may also be considered
as to whether Mr. Ego and Mr. Flake are
responsible for part of the medical costs.
I told Mr. Ables you would contact him by
November 19 to let him know how to proceed. I
asked Mr. Ables to compile all his medical bills,
travel expenses, and a list of all the people he
knew who attended the party.
1 suggest that, pending your approval, I begin
the following tasks:
Organize and label the documents that Mr.
Ables brings to the office.
Contact the hospitals in Spanish Fork, Utah;
Salt Lake City, Utah; and Casper, Wyoming, for
medical reports.
Contact any witnesses from the list that Mr.
Ables compiles to get their statements on what
happened at the party.
Research the laws in Utah regarding the issue
of liability.

claim he would not be able to afford the insurance.
He would not even give Adam the name of his
insurance agent
CONCLUSION

Adam is a well spoken college educated man.
He is well dressed and handles himself in a
professional manner. He relates his situation in a
concise manner and is sure of all his facts. He and
his family moved to Casper approximately six
months ago. He said that since he can not get
cooperation from his insurance company or Mr.
Drake, he thought he would see if there was a way
to receive compensation. He does not appear to be
vindictive, but would like to be reimbursed for his
out-of-pocket expenses. He said he would appear
in court if required to, but would prefer not to.
In my judgment, Mr. Ables should be
reimbursed by State Farm for the expenses
incurred due to this injury. Also, there may be a
possibility that Mr. Drake can be found negligent

35

�Lab Report
By Nancy Young
Course: Data communications
Instructor: David Arndt
Assignment: After constructing a circuit to interface the Micro-85 computer with a UART,
Universal Asynchronous Receiver Transmitter, the student must write a program to transmit
serial data to a remote terminal. The program, written in INTEL assembly language, must
activate a clock to drive the UART and the transmit data from a data block or from a keyboard.
In the lab report, the student must explain how the program works and what each instruction
does in the program. The student must also explain how the program manipulates the
hardware in the Micro-85 and in the UART interface circuit.

Objective:
1. Demonstrate competence in the use of
software to program the U/XRT and the 8155 I/O to
transmit serial data through a RS-232 Protocol
Link.
2. Analyze the software programs used in this
experiment

1 MC1489 RS-232 Line Driver
1 14 Pin Parallel Jumper Cable
1 14 Pin Wire-wrap Socket
Procedures:
Consuiicl the circuit
(See diagram on page 37)

Program:
MVI A, $AO Moving the low bit of the word
into the accumulator to structure
the Time Reg.
OUT 24
Write the low bit to the 8155.

Materials Required:
Casper College 8085 Microprocessor system
1AY-5-1013A UART
1 MCI488 RS-232 Line Driver

36

�lltl*

ftS-232 PROTOCOL LINK
document Nui&gt;*«r
A
CftSPCR COLLEGE
5at&lt;:
14.

I e

Procedures: Construct the circuit (from page 36)

19.2kHz (BAUD rate x 16) and convert that
number (base 10) to Hex =AO. This is sent out to
the low byte of the Timer Reg. (24). To set up the
high byte of the Timer, the clock function
described on Pg 2-32 Fig. 5 of the handout for the
8155 is the one we want-01. (This code causes
the 8155 Timer to produce a square wave output.)
This code is pul in the last 2 bits of the Reg. The
remainder of the Reg. can be used if the structure
word is more than 8 bits. This (40) is sent to the
high byte of the Timer al address $25.
MVI A, $CD Move immediately the data (CD)

Moving the high bit of the word
into the accumulator to structure
the Timer Reg.
OUT 25
Write the low bit to the 8155.
This much of the program sets up the Timer
Reg. that sets up the BAUD rate. This system
runs on 1200 BAUD; to calcualte this we start
with the rate we want 1200x16 = 19200Hz at T
out. The system is using a divide by 16 clock, so
to gel the input frequency for the UART, we
multiply the BAUD rate by 16. Then the clock of
the 8155 is at 3.072 MHz; we divide that by the
MVI A, $40

37

�to the accumulator; this is the word
to structure the Command Reg.
Out 20
Sends the word CD to the
Command Reg.
D7 D6 D5 D4 D3 D2 DI DO
out=l
1
1
0 0
110
1 =CD in=0
Timer Mode
Pon C Port B Port A
LXi H, 5200

MOV B, IB

MOV A,M

OUT 21

MVIA ,$18

OUT 23

OUT 23

Address where the message is
stored in ASC II code. It was put
there by using the G0800 program
(word processing). After it was
typed in, the number of bits used
was looked at by looking at
address 2043. This bit was IB.
Move into B Reg. the number of
bits used in the message. B Reg.
will be the counter. Each lime a
bit is transferred, it will be
decremented and when 00 it will
be loaded again to start over.
Move
from
memory
to
accumulator to go out the port, as
only the ports can be accessed
through the accumulator.
21 is the code for Port A. Writing
the bit in accumulator to Port A
which is connected to data bit
input lines on the UART.
Move into the accumulator the
word 18. This Word will be pul on
Port C in Binary Code.
23 is the code for Port C. Write
the Word 18 to Port C. UART
Data Strobe is connected to pin
Port C4 high. This must go low to
load data into Holding Reg. At the
same time not changing line 3 of
PortC.

ORI$10

OUT 23

CALL 0870

INXH

DCRB

PortC
7 6
0 0

ANI EF

5 4 3 2 1 0
0 1
1 0 0 0
1
8
This ANDs the Word EF to the

JNZ 5011

38

accumulator in Binary Code.
0001 1000
mioiiin
0000 1000
Bit masking the word EF sent to
PORT C. Port C has this Binary
Code on it 1110 1111 which
allows the code of the first ASC 11
character in the message to go into
the Holding Reg. of the UART.
OR the Word 10 in Binary to the
accumulator. At this point the
accumulator has 0000 1000 in it;
byORingSlO fOOOl 0000)
Out 23 sends the Binary Code to
Port C. Port C reads 0001 1000
and the DS line is high again and
won't go low again until the loop is
repealed.
Call sub routine to set up a time
delay, so the data won't be written
over on the serial out line.
lime delay
1
BAUD rate
x # of bit
times
1__
1200 X 10 divided by 8 micr.s=
$0411
Address 2032 = 11 2035=01 loop
2033 = 04
This gives the UART time to
transfer the data from the Shift
Reg. out to serial out line, to be
printed on the screen of the
peripheral device.
Increment the HL Reg. pair by
one. This pair will point to the next
ASC II character in the message.
Decrement Reg. B by one. This is
the count of how many characters
there are in the message. When
this is 00 the JMP will start the
message over again.
Jump if not zero to address 5011.

�This is the move from memory ihc
ASC II character into the
accumulator. When zero it will
fall through to next instruction.
JMP 500C
Jump to address 500C where the
pointer is reset to point at the
beginning address and the message
starts over.
To change BAUD rates was easy.

OUT 25

This much of the program sets up the Timer
Reg. which sets up the BAUD rate. This system
runs on 300 BAUD; to calculate this, we start with
the rate we want 300x16=4800Hz at T out. The
system is using a divide by 16 clock, so to get the
imput frequency for the UART we multiply the
BAUD rate by 16. Then the clock of the 8155 ia
at 3.072 MHz.; we divide that by 4.8kHz (BAUD
rale x 16) and convert that number (base 10) to
Hex = 80. This is sent out to the low byte of the
Timer Reg. (24). To set up the high byte of the
Timer, the clock function described on Pg 2-32
Fig. 5 of the handout for the 8155 is the one we
wanl--01 (this code causes the 8155 Timer to
produce a square wave output). This code is sent
to the high byte of the Timer al address $23. The
remainder of the Reg. can be used if the siruclure
word is more that 8 bits.
MVI A,$CD Move immediately the data (CD)
to the accumulator; this is the word
to structure the Commmand Reg.
Out 20
Sends the word CD to the
Command Reg.
D7 D6 D5 D4 D3 D2 DI DO
1
10 0
110
l=CDout=l
Timer Mode
PorlC PortB Port A in=0
CALL04D0 Sub-routine that picks up data
from accumulator that was pul
there from the keyboard.
OUT 21
21 is the code for Port A. Writing
the bit in accumulator to Port A
which is connected to the data bit
imput lines on the UART.
MVI A,$18
Move into the accumulator the
Word 18. This word will be put
on Port C in Binary code.
OUT 23
23 is the code for Port C. Write
the Word 18 to Port C. UART
Data Strobe is connected to pin
Poti C4 high. This must go low to

BAUD rate 300
Change the first two MVI to the new BAUD.
300x 16 = 4800 3.072MHz
4800
= 640 = $0280
1 0
6 5 4 3 2
Low bit = 80 7
1
0 0 0 0 0 0 0

High Bit = 42

7
0

6
1

5
0

4
0

3
0

2
0

1
1

0
0

Delay:
1
X 10 divided by 8 micro.sec. = $1046
300
This wasn’t slow enough so changed the lower
bit to FF Turns out to 10.444 bit times
BAUD 9600
9600 X 16 = 153.6k 3.072M =
153.6
20=$14
7
6 5 4 3
1 0
0 0 0
7 6 5 4 3
1 0 0 0
0
Delay:

2
1
2
0

1
0
1
0

0
0
0
0

10
8 micro sec = $0082

Program: 2
MVI A, $80

OUT 24
MVI A,$42

into the accumulator to structure
the Timer Reg.
Write the low bit 10 the 8155.

Moving the low bit of the word
into the accumulator to structure
the Timer Reg.
Write the low bit to the 8155.
Moving the high bit of the word

39

�load data into Holding Reg. At the
same time not changing line 3 of
PortC.

Tx shift elk
This is the Shift Reg.
It shifts the data out
low byte and then high
byte, one bit at a Ume.
2. Explain the function of the DS strobe: How
does it woric? What does it do?
The data must first be sent to the parallel output
port. A changing level on the control port (PC4)
must then strobe the DS line of the UART. This
process is repeated until all the data is transmitted.
Pulsed low to load data bits into the transmitter
Data Holding Register. The Data Holding Reg. is
loading during the rising edge of the DS pulse. To
make it strobe, we used bit masking. This was
done by ANDing and Oring in the accumulator. If
we want the line high we put a word in Port C that
has that bit high. EX.S18 = 00()l 1000
1110 nil
0000 1000 = this is
the result we need.
An AND gate only allows a high when all
inputs are high so we figure out what word will
develop the wanted result In this case a $EF. To
change it back we can OR.
EX. 0000 1000
00010000
(XX)1 KXX) this is the result needed.
The OR gate only allows a high when the lines
are either or low but not both the same. Data
strobe went high and then low then high again.
3. Explain how the circuit on the proloboard
converts the TTL level serial data to the voltage
level required for the RS-232 cable. Al the second
terminal, how is the RS-232 voltage level
convened back to the required TTL volatage
level?
On each end of the RS-232 cable there are two
drivers. One is the 1488 that drives the voltage to
+12V and -12V for series output and a 1489 to
return +12V and -12V back to 5 volts for series
input This is the interface circuits needed to meet
the RS-232 standard.
My proto-board is at one end of the cable and

PORTC

ANIEF

OUT 23

ORI $10

OUT 23

JMP51(XZ;

7 6 5 4 3 2 1 0
0 0 0 1
1 0 0 0
1
8
This ANDs the Word EF to the
accumulator in Binary Code. Bit
masking.
0001 1000
niioiiin
0000 1000
The word EF sent to Port C. Port
C has this Binary Code on it 1110
1111 which allows the code of the
first ASC II character in message
to go onto the Holding Reg. of the
UART.
OR the Word 10 in Binary to the
accumulator. At this point the
accumulatcM* has
0000 1000
in it; by ORing $ 10 (0001 0000)
to the acculator the
contents is
0001 1000*
again.
Sending the binary code to Port C.
Port C reads 0001 1000 and the
DS line is high again and won't go
low again until the loop is
repeated.
Jump to address 510C where the
CALL 04D0 is and this starts the
keyboard over again.

Questions:
1. How does the UART covert parrallel data to
serial data? The UART has 8 RD lines for imput
port. When data is on these lines, there is 0-5V to
determine high and low. Each line is connected to
the Holding Register. Port A is connected to RD
lines
7 6 5 4 3 2 1 0
This is the Holding Reg.
7 6 5 4 3 2 1 0

40

�iniercsiing to manipulate the BAUD rale. Al first
il was hard to understand the way the transmitting
terminal could be at one BAUD rate and ihc
receiver at another BAUD rale. If I have il right,
the transmitting terminal is connected in serial to
Ihc CPU and is separate from the circuit that
drives the UART. This separation allows the CPU
to operate at one BAUD rate, while the UART’s
BAUD rale is controlled by the Timer of the 8155
S/0 chip.

ihc icrininal was al other end of the cable. The
lerniinal must have these circuits on board.

Conclusion:
This lab was interesting in that I experienced
checking the DART after we had handled it
without grounding. The Oscilloscope was used
and the pins were checked to see if data wits being
iransiniiicd, and if the ckx'k was being received
from the CPU. My UART was unharmed. Il was

41

�Dornia Karan
By Lorinda Welch
Course: Dress for Success
Instructor: June Winkel
Assignment: Select a fashion designer and clear the choice with the instructor. Research the
designer, using the local libraries. Write a paper including the education of the designer, her/his
experience and talents, and distinguishing features of her/his designs. Present the information
to the class, using illustrations of designs if possible.

She’s been in the fashion business for years but
until about five years ago, her name wasn't heard
very much, or al least by the general public. Who
is this woman and how does she play a pari in the
fashion industry?
The woman is Donna Karan and she filled a
void with her new designs. Her maiden name was
Donna Faske. Both of her parents were in the
fashion industry. Her mother was Helen Faske.
She was a model on Seventh Avenue and later
was a showroom saleswoman. Her father was
Gabby Faske. He ran a custom tailoring shop on
West 38ih Street. Ms. Karan remembers hearing
he made "suits for gangsters and Broadway show

business types. He died when Donna was just
three" (Donovan, 33).
Donna and her mother lived in Woodmere,
Long Island. Donna attended Parson's School of
Design in Manhattan. She quit Parsons to go to
work for Anne Klein. Miss Klein was her idol.
At this time she married Mark Karan and in a
short time she became Anne Klein's main
assistant.
In May 1974, Miss Klein died. "The company
was unprepared for it, and so was Donna Karan.
Two days before Miss Klein's death, Donna had
given birth to a daughter, Gabrielle" (Donovan,
33).

42

�A man by lhe name of Toinio Taki was half
owner of Anne Klein and company and he would
prove lo be Donna Karan's mosl powerful
supporter. Mr. Taki and the other two owners had
a big dispute after Miss Klein'.s death. The two
other owners had other designers that they wanted
lo lake Miss Klein's place. Mr. Taki wanted
Donna Karan and, since he owned half of the
company, he got her. At this lime Donna Karan
was only iwcnty-six years old.
She teamed up with a classmate she had al
Parsons name Louis DcU'Olio, bul she was the
dominant member.
In 1983, Miss Karan helped launch a
less-expensive spin-off collection called
Anne Klein !I, similar in design bul made
with diflercnt fabrics, mostly in the Far
East. Anne Klein II retailed for about
half the price of the Anne Klein line.
(Donovan, 90)
While all of this was happening, she divorced
Mark Karan. In the fall of 1983 she married
Stephen Weiss.
Things hadn’t been going very well between
Miss Karan and lhe Anne Klein company. She
wanted lo slay with lhe Anne Klein company bul
wanted her own line. The reason she wanted her
own line was that the clothes she'd designed there
were becoming common, because of the Anne
Klein II collection. Everyone was wearing them.
She wanted her own identity, something
exclusive.
As badly as she wanted to leave Anne Klein
and Company, she was frightened because il was
lhe only job she'd had.
The company didn't need two designers and
Mr. Taki was willing lo set her up in her own
business. Finally lhe president of the company,
Frank Mori, settled lhe whole mailer. He fired
her.
“Donna Karan's company is financed by a
partnership consisting of Takihyo Inc., Tornio
Taki himself, Frank Mori and Donna Karan and
Stephen Weiss” (Donovan, 90).

Donna Karan pul up only a little money for her
company bul she owns half of it. She also is lhe
chief executive officer and a paid consultant lo
Takihyo Inc. She also owns lhe rights to her own
name.
Her company first started al home in what had
been her husband's workroom. "The new
company soon acquired a president, Julius Stern"
(Donovan, 90) Then a studio was acquired on
West 40ih Street.
The public saw Miss Karan's designs for the
first lime al a showing ai the Bergdorf Gootlman
store in New York, June 18, 1985. Her designs
were a totally new concept. Many of the big
stores were slow lo respond because they thought
her designs were loo special. Bul after a few
showings her staff could hardly keep up with all
of the appointments for businesses that wanted her
dollies.
When Miss Karan couldn't really come up with
anything new, she was introduced lo baby llama
fabric. The first garmcl lo come from the llama
was "a cape-collared jacket with a Hare below the
bell" (Donovan, 90). In 1986 these retailed for as
high as S2,20().
Some of her most popular garments arc her
bodysuits. They are made “of Italian-made jersey
or knit. Il has long sieves, pulls on over the head,
fits snugly and fastens with snaps at the crotch.
This serves lo replace a conventional sweater or
blouse” (Donovan, 32). Miss Karan has designed
more than a dozen versions. Most of these have
padded shoulders. These rcuiil from SI80. The
key to Donna Karan's latest fashions arc lhe
Unilards. They're heavier than leotards bul
trimmer than jumpsuits.
In lhe spring of 1989, Donna Karan pul out a
new sportswear line called DKNY (Donna Karan
New York). This line is comfortable and versatile
and about half the price of her designer collection.
“Il looks professional and feminine" (People's,
105). One of her mosl popular items of the
DKNY line is a khaki trench coal. It look.s as If II
was four years old and well worn.

43

�protrusions" (Donovan 33). Her designs are well
suited for women on the go who don’t have time
to worry about their clothes.
Donna Karan says "fashion for the nineties
woman will be determined by two necessities:
lots of options and case of dressing" (Ladics.42)
As the years go on, Donna Karan's designs just
keep getting belter and each year she makes a
larger impact on the fashion industry. Just a few
years ago she wasn't even heard of. Now Donna
Karan's designs are in great demand.

Donna Karan designs clothes that she'd wear,
something that is feminine yet makes her look like
a professional, or, when she's not working,
something relaxed and comfortable.
The DKNY line is not a cheaper version of her
more expensive line but a whole different kind of
design.
Donna Karan's designs "have a way of
emphasizing the curves of the waist and the hips
without stringently outlining them. The shawls
and jackets are camouflage for bumps and

Works Cited

Donovan, C. "How a Fashion Star is Bom." New York Times Magazine 4 May 1986: 24-30+.

"Donna Karan." People's Weekly 25 Dee 1989-1 Jan 1990: 104-5
"Forecast." Ladies Home Journal November 1989: 42.

44

�Interoffice
Memorandum of Law
By Anita Schroeder
Course: Legal Research 11
Instructor: Mary Kubichek
Assignment: To research issues and case law relevant to a case and to write an interoffice
memorandum of law for an attorney.

45

�INTEROFFICE MEMORANDUM OF LAW

TO: Mary Kubichck
FROM: Anita Schroeder
DATE: October 9,1990
OUR CLIENT: Charles Schracklc
OPPONENT: Jeffrey Poller
OFFICE FILE NO: 90-S-12
DOCKET NO: C.A. No. 120398
RE: Whether Charles Schrackle was negligent in the accident causing the death of Katherine Poller

that he was driving in a careless, negligent and
reckless manner; That he failed to give proper
warning of his sudden approach, and that Mr.
Shrackic's negligence caused the suffering and
death of Mrs. Poller.

Statement of Assignment
You asked me to do preliminary research into
the case of our client Charles Shrackic. A cause of
action for negligence has been filed against him by
Jeffrey Potter as a result of the death of his wife,
Katherine. I will research the standard of care and
whether Mr. Shrackle breached his duly thus
causing the death of Mrs. Poller. I will also
research the possible contributory negligence of
Mrs. Potter.

Discussion
It is our responsibility lo show that Mr.
Shrackle was not negligent. Negligence is defined
by the Nita Courts as,
the failure lo use the degree of care that an
ordinary careful and prudent person would
use under the same or similar circumstance.

Legal Issues

1. Did Charles Shrackle breach his duly of care
in the accident involving the death of Katherine
Poller?
2. Was Katherine Potter contribulorily
negligent in causing her own death?

Brown v. Jones, 52 P.2d 101 (NITA 1989).

The elements of negligence are set fourth as
duty, breach of duly, proximate cause and
damages. We are concerned with duly, breach of
duly and proximate cause. Since damages will be
decided by the court, based on Finding of fact, I
will not discuss damages. I will analyze
proximate cause in the light of contributory
negligence.

Facte

On November 30, 1989, at about 3:00 PM ,
Charles Shrackle was driving a pick-up truck to a
work site. He passed through the inlcrseciion of
Mathes and Kirby Streets making a left turn on to
Kirby. The truck he was driving struck Katherine
Poller, causing her injuries which ultimately
resulted in death. Mr. Shrackic said that he did
not sec Mrs. Poller al any lime before the accident.
Jeffrey Poller, husband of the deceased, has
filed a complaint against Mr. Shrackic claiming

Analysis of Duty and Breach of Duty
Duty

The duly that Mr. Shrackle had in operating a
motor vehicle is set fourth in the Nita Statutes.

46

�The driver of a moior vehicle shall yield ihc
right of way, by slowing down or slopping if
necessary, to a pedestrian crossing the roadway
within a crosswalk when the pedestrian is upon
that half of the roadway in which the vehicle is
traveling, or when cither the vehicle or the
pedestrian is approaching that half of the roadway
so closely that the pedestrian is in danger.

In Johnson v. Brown, lhe driver of the vehicle
stnick a child that ran into the street. The evidence
affirmatively showed, in this case, that the driver
did nol sec lhe child al any lime prior to lhe
accident, and no evidence was presented lo show
dial the driver had reason to believe that children
would be playing in the vicinity of the place where
the accident occurred. The facts in our case arc
similar lo those in Johnson in that Mr. Shrackle
claims nol lo have seen Mrs. Poller before lhe
accident. Mr. Shrackic could nol be expected to
anticipate that a pedestrian would be crossing
anywhere but in the crosswalk.
Case law has established that negligence cannot
be assumed by the fact that injury has occurred.
An inference of negligence cannot be
drawn from the bare fact that an injury
has occurred.

Nita Stat. §89-12(4) (a).
Mr. Shrackic had a duly to slow down or slop if
necessary for a pedestrian crossing in lhe roadway
and to exercise ordinary care to avoid a collision.
Breach of Duty

Mr. Scrackle did not breach his duly

Mr. Schracklc told us that he slowed at lhe
intersection, observed school children on the
sidewalk, and proceeded, because there were no
pedestrians in the crosswalk. He staled that he did
not see Mrs. Potter at any lime before the accident.
According to Mr. Shrackic, Mrs. Poller was not
crossing in the crosswalk.
The courts have held that a driver is not
required lo anticipate that a pedestrian would be
crossing a roadway al any point other than the
crosswalk.
It is nol required of the of a vehicle lo
anticipate that a pedestrian would be
crossing a boulevard in the middle of a
block al any point other than within a
marked crosswalk, any more that a driver
should anticipate that a vehicle
approaching from the opposite direction
would suddenly cross over into his lane
of traffic. A driver cannot be charged
with failure to exercise due care toward a
person so crossing lhe boulevard, unless
such person is observed in lime for the
driver lo avoid colliding with him.

Johnson v. Brown, supra., quoting Lesage v.
Lar^ey Lumber Co., 99 Mont. 372, 43 P.2d 896
(no date).

In the Johnson case the plaintiffs argued that
even through the record was silent as to any direct
evidence of negligence on lhe pan of the
defendant, his negligence could be inferred from
lhe fact that lhe child was injured. The court
stated that an inference of negligence cannot be
drawn from lhe mere fact that an injury has
happened. In our case as well as in Johnson, the
fad that Mrs. Poller was injured is nol an
inference of Mr. Schrackle’s negligence.
We can argue that Mr. Schracklc did nol breach
his duty because a driver is not required to
anticipate that a pedestrian will be crossing at a
place other than lhe crosswalk, or that he failed lo
exercise due care because he didn't sec Mrs. Potter
in lime lo avoid a collision. Furthermore, an
inference of negligence cannot be drawn from lhe
mere fact that he was involved in the accident
which caused Mrs. Poller's injuries.

Johnson v. Brown, 77 Nev. 61, 359 P.2d 80
(1961).

Mr. Shrackle did breach his duly

47

�comes in contact with a pedestrian, to the
injury of the latter, raises no presumption
of negligence on the part of ihc driver of
the vehicle.

Jeffrey Poller has claimed lhal Mr. Schrackic
breached his duly lo exercise due care, by driving
in a careless, negligent and reckless manner. Mr.
Poller has argued dial Mr. Shracklc failed to keep
a proper lookout or give proper warning by
sounding his horn or giving some other signal.
The sialules state that even the individual
having the right of way must exercise care to
avoid collisions.
This right of way, however, is not
absolute, but rather creates a duly upon
ihe parly having the right of way to
exercise ordinary care lo avoid collisions.

Johnson v. Brown, supra., quoting, Johnson v,
Herring, 89 Mont. 420, 425, 300 P. 535, 536 (no
date).

The courts have upheld that the driver must
keep a lookout.
the rule is well established...that a driver
must keep a lookout so that he can see
what is plainly visible in front of him,
and failure lo do so is negligence as a
matter of law.

The facLs in the Johnson case, as stated earlier,
showed lhal even though a child was struck by the
vehicle, the mere fact that the injury took place
was not an inference of negligence. In our case
the fact lhal Mr. Shrackle struck Mrs. Potter with
his truck is not of itself proof of negligence.
Mr. Potter has also claimed that Mr. Shrackle
was negligent in not sounding his horn to warn
Mrs. Poller of his sudden approach. Bui,
according to the courts, failure to sound your horn
is not necessarily negligence.
lhal the failure of the driver of appellee's
truck to sound the horn was not
negligence.

State V. Mattan, 207 Neb, 679, 300 N.W.2d 810
(1981).

Stalder v. Bowen, 373 S.W.2d 824 (Tex. Civ.
App. 1963).

In State v. Mattan, the facts showed lhal the
driver of the vehicle was negligent in not keeping
a proper watch; these same facts arc being asserted
by Mr. Poller against Mr. Shrackle.
In order to prove his claim of negligence
against Mr. Schrackle, Mr. Potter will have lo
prove lhal Mr. Shrackle failed lo exercise ordinary
care by not keeping a proper watch. If Mr. Poller
is able lo show that Mr. Shrackle did indeed
breach his duty, he will have statutory and case
law backing.
However, it remains an issue at fact if Mr.
Schrackle did all he could have done lo maintain a
proper watch and fulfill the standard of care. Just
because the accident happened is no proof of
negligence.
The mere fact that a motor driver vehicle

In Stalder v. Bowen, the woman was injured
when she entered the street from behind a bus and
driver of the truck who struck her had no lime to
react. The driver was not negligent because he
didn't see her in time to sound his horn. The jury
found lhal the truck driver was not driving too
fast, nor was he negligent in failing to blow his
horn. Il also held that the truck driver had no lime
to avoid the accident and that he did not fail to
keep a proper lookout. These facts are similar to
our case in that Mr. Schrackle claims not lo have
seen Mrs. Potter before his truck struck her. He
had no lime in which lo blow his horn or give any
other warning.
Jeff Potter has claimed lhal Mr. Shrackle
breached his duly to exercise due care by failure lo
keep a proper lookout or give warning by

Nila Slat. § 89-12 (4) (c).

48

�sounding his hom. However, we should be able lo
show that that Mr. Shrackic did not breach his
duly and therefore was not ncgligeni in the
accident that resulted in Mrs. Potter’s death.

We have the burden of proving that Mrs. Poller
was coniributorily negligent, and that her
negligence proximately caused her death.
It will have to be shown that by nol taking care
to yield the right of way to all vehicles upon the
roadway Mrs. Potter was negligent and the
proximate cause of her own death.
The duty of the pedestrian to yield to vehicles
on the roadway is plain in the Nita Statutes.
A pedestrian crossing a roadway al any
point other than within a marked
crosswalk shall yield ihc right of way lo
all vehicles upon the roadway.

Analysis of Proximate Cause
Proximate cause is the element of negligence
that determines the awarding of damages.
Proximate cause is set forth as
That cause which, in a natural and
continuous sequence, produces the injury,
and without which the injury would not
have occurred.

Nila Stat § 89-12 (4) (b).

Brown v. Jones, supra, al 102.

Besides the statutory duly of a pedestrian to
yield the right of way when crossing the roadway
outside the crosswalk, the pedestrian also has the
duty to look in the direction or directions of
anticipated danger.
...look in the direction or directions of
anticipated danger, and lo continue lo be
alcri to safeguard against injury.

Proximate cause is the natural and foreseeable
result of a person's negligent actions.
Mr. Sfirackle as proximate cause

Mr. Potter has the burden of proving that Mr.
Shrackic was negligent, and that his negligence
proximately caused Mrs. Potter’s death.
In order to prove that Mr. Shrackle's actions
were the proximate cause of Mrs. Poller's death, it
is going to have to be shown that he breached hi.s
duly. But for the breach of duly there i,s no
negligence.
The right to recover damages for the injury
inlliclcd on the pedestrian depends upon pr(x)f of
the allegation, necessary in the complaint, that the
driver of the vehicle was guilty of negligence
proximately causing injury.

Gibb V. Cleave, 12 Cal. App.2d 517, 55 P.2d 938
(1963), quoting, Lavin v. Pereria, 52 P.2d 518
(Cal. App. no dale).
The pedestrian in the Gibb case entered the
roadway without looking for approaching
vehicles; he was struck by the driver of a vehicle
who could not see him because he was wearing
dark clothing and it was a dark and rainy evening.
The pedestrian was found lo be coniributorily
negligent in causing the accident.
In a similar case Fennel v. Miller, the
pedestrian was not crossing in the crosswalk and
ihercfore was the negligent party in the accident.
The court found that the accident would not have
occurred if the pedestrian would have exercised
reasonable caution. Fennel v. Miller, 94 Nev. 528,
583 P.2d 445 (1976).
The courts have also stated that a pedestrian
who leaves a place of safely (lhe curb) lo enter a

Johnson v. Brown, supra, al 83.
I have previously discussed Mr. Shrackle’s duly
and whether or not he breached that duly. In
relation lo proximate cause, if ihal duly was not
breached, there was no negligence and Mr.
Shrackle's actions would nol have been the
proximate cause of Mrs. Poller's death.

Mrs. Poller's contributory negligence as it effects
proximate cause

49

�busy street would have constructive knowledge of
the danger.
The trial judge defined ''negligence” and
''proximate cause" in the usual fashion
which included the element of
foreseeability on the part of Mrs. Slaldcr.
Certainly Mrs. Slaldcr had constructive
knowledge of the danger which would be
involved in moving suddenly from her
place of safely...out onto a busy street.

Franco was coniributorily negligent because she
attempted to cross die street at a point other than
in the crosswalk. The court held that the act of
crossing outside of the crosswalk docs not of itself
determine contributory negligence. In Mr.
Shrackic’s case we will need lo show that Mrs.
Poller was not only crossing unlawfully but that in
crossing outside of the crosswalk she was not
taking ordinary care.
In order to prove that Mrs. Poller's contributory
negligence was the proximate cause of her death,
we will have lo establish the following: that Mrs.
Potter was crossing the the street unlawfully or
dial in crossing she was not exercising due care lo
keep a reasonable watch; and that Mrs. Potter
being a prudent person would have had
constructive knowledge and thereby foreseeability
of the danger.
One of the problems in this case i.s that Mrs.
Potter is not alive lo testify on her behalf and
therefore the burden of proof on the plaintiff, Mr.
Poller, is not as great as it would be if she were
alive.
It is well established dial in a death action
a plaintiff is not held lo as high a degree of
proof of the cause of action as when a
injured plaintiff can himself or herself
describe the occurrence upon which the
action is based.

Sialder V. Bowen, supra, at 825.
The judge in the Slaldcr case staled that but for
Mrs. Slaldcr'.s negligence of entering the street the
accident would not have occurred.
In Gibb v. Cleave, Fennell v. Miller, and
Stalder v. Bowen, the courts held that the
pedestrian in each case was coniributorily
negligent, causing the accident which brought
about their injuries. If we are able to show by the
facts that Mrs. Potter was not keeping a proper
watch for vehicles or that she was crossing outside
of the crosswalk at the lime of the accident, we
will be able to show that she was coniributorily
negligent, as were the pedestrians in the above
cited cases.
Mr. Poller has slated in the complaint dial his
wife was crossing die street lawfully at the lime of
the accident and, therefore, was not coniributorily
negligent. Even if she was crossing the street
outside of the crosswalk, that fact of itself docs not
constitute negligence.
Il is well recognized that the act of a
pedestrian in crossing a street al a point
other than an intersection does not, of
itself, constitute contributory negligence
as a matter of law.

Franco v. ZingarelH, supra., quoting. Noseworthy
v,CityofNewYork,'V)^ N.Y. 76 (nodate).

Mr. Potter docs not have as great a burden of
proof lo show that Mr. Shrackle was negligent as
we do in showing that Mrs. Poller was
coniributorily negligent.
Another problem lo be overcome in Mr.
Shrackle’s case is that contributory negligence
does not bar recovery of damages.
In all actions hereafter brought for
personal injuries, or where such injuries
have resulted in death, or for injury to
properly, the fact that the person injured.

Franco v. ZingarelH, 424 N.Y.S.2d 185 (1980).

In the case of Franco v. ZingarelH, the
defendant, who struck Mrs. Franco as she stepped
off the curb into the street, tried to assert that Mrs.

50

�having facts and law in their favor. Other factors
that will determine the ultimate outcome of this
case include the burden of proof issue and lhe
facts of the case. Mr. Poller’s burden of pr(X)f is
not as great as ours and the facts of the case have
yet to be fully investigated and analyzed.

or the owner of the properly, or the
person having control over the properly
may have been guilty of conlribulory
negligence shall not bar a recovery, bul
damages shall be diminished by the jury
in proportion to ihc amount of negligence
atlribulablc lo ihe person injured, or lhe
owner of the properly, or lhe person
having control over the pro|X?riy.

Recoiuinendation
Proximate cause is going to be determined by
the evidence presented in this case. We need to
thoroughly investigate the accident, interviewing
all lhe witnesses including the paramedic.s and
police who worked the accident. We should also
determine the condition of Mr. Shrackic'.s truck al
the lime of lhe accident, were his brdkc.s working
properly’.' etc. We will need to interview Mr.
Shrackic more thoroughly to determine his
condition al the time, including his health, state of
mind, vision and driving ability. We should also
examine Mr. Shrackle’s past driving record.
We need lo be prepared for a scillcmcni in case
we arc unable to prove fully that Mr. Shrackic did
not breach his duly. In preparation, we should
find out whal Mr. Potter’s expenses were for the
medical treatment and burial of hi.s wife. We
should contact a financial expert and dclcrminc
what Mrs. Poller's expected earning power would
have been.

Nila Slat. § 140-3.

Even if it is concluded thai Mrs. Poller was
contribulorily negligent, the jury may award Mr.
Poller damages proportionate lo the amount of
negligence attributed to Mr. Shrackic.

Conclusion
Mr. Shrackic has grounds lo deny negligence
and lo show that Mrs. Poller was contribulorily
negligent in causing her death. Mr. Potter has
claimed that Mr. Schrackle was negligent and
therefore the proximate cause of Mrs. Poller's
death.
Both sides have statutes and case law to
establish their claims; each side will show facts lo
favor iheir position. The damages, if awarded,
will be based on the faces establishing proximalc
cause.
There is a balance in this case with each side

51

�Sign
By Pat Lockhart
Course: Beginning and Intermediate WordPerfect
Instructor: Lois Davis
Assignment: Be creative. Student did these designs with banner mania.

52

�53

�Letters
By Kerry Myers
Victoria Savage
Course: Business Communications
Instructor: Frances Schroder
Assignment: In response to fictional situations specified by the instructor, students
composed appropriate memos and letters.

TO:

Nordstrom Store Managers

FROM:

Kerry Myers

DATE:

October 1,1990

SUBJECT:

Taking Initiatives in Customer Service

I am pleased to see that our emphasis on customer service is paying off. We must
continue to encourage our clerks to take initiative in serving our customers.
Our company is growing more rapidly than most department store chains, and our
sales per square foot are twice the industry average. Morale among our employees
is high and to maintain this I am giving you authorization to use Nordstrom gift
certificates, within your budget, as rewards to employees who best exemplify the
company’s philosophy.

As an added bonus, the store with the most sales this quarter will receive a trip for
two to the Bahamas! Thank you for your continued effort. Keep up the good work
and gotxl luck!
kjm

54

�September 27, 1990

Mr. Robert Gian
Information Processing Manager
Novell systems
1234 Archway Road
Tucson, AZ 67834
Dear Mr. Gian:

I have been informed that Kerry Myers has applied for an information
processing position with your company.
Kerry has been one of my advisees since she was admitted to Casper
College as a freshman. She has had a continual GPA of 3.45. Kerry is a
very hard working student, and she has always been punctual and well
prepared for her classes. She has shown great interest in learning and has
proven she can excel in the computer-oriented world. Kerry is very eager
and willing to learn anything you set before her.

I highly recommend her and believe she will be an asset to your company.

Sincerely,

Joseph Scott

55

�October 10, 1990

Mrs. Jane Rich
123 Wealthy Lane
Moneyvilic, AZ 86033

Dear Mrs. Rich
Children are our most precious resource. They are the future of our community, our nation, and
our world. They need our protection, our provision, and especially our love.

Most children have these needs met by their parents. Not all children, however, arc fortunate
enough to have families. In our community alone, there are over one hundred orphans who
desperately need your help.

Daybreak Orphanage, located on the outskirts of Moneyville, provides food, clothing, and
schooling as well as shelter and love for 125 girls and boys between the ages of 6 and 16. The
staff is committed to providing the best care possible for these children in a friendly, wann
environment. The expenses incurred, however, are loo great for the orphanage to handle. This is
where your help becomes vital.
The cost of feeding, clothing, schooling, and various miscellaneous expenses such as medicinal
care comes to just $5 each day per each child. Your donation of $150 will support a child
completely for one month. You will receive a monthly newsletter from the orphiinage and letters
from the orphans, plus the personal satisfaction of knowing you’ve helped a boy or girl to grow
and live a happier life.

Please, invest in our future by donating to Daybreak Orphanage today. You will receive a receipt
of your tax deductible contribution for your records within a month. Send your contributions to:

Daybreak Orphanage
11 Newhome Road
Moneyville, AZ 86033

Sincerely

Mrs. Victoria M. Savage
vms

56

�Spring 1991

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                    <text>CASPER

couisi
WYOMING

CHkLLENEl

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

�Challenge
Ivii
Published at Casper Community College
Casper, Wyoming 82601
March 1993
Copyright by Casper Community College

CASrE5? c-''

�Challenge: 1993
Table of Contents
Directional Eye Movement David Galen ............................................................

5

Home Schooling Issue Study

8

Cathi Springer ................................

Fact Witness Interview Janet Middaugh ................

12

The Function of Sandpaintings Kathy Herter...................................................... 15

Letty Stutheit...............................................

19

Caroll Westlake ............................................................................

22

Gender Differences in Perception
The Kwakiutl

A Review

Kelly Maloney

24

TVacking

Annmarie Gosar.........................................................................

21

Feminine Frustration

Crazy Horse

Bernice Strand

. 34

David Carrick

For Where Your Treasure Is

Carol Castlen ............................. 39

Risk Factors that Influence Success in School
Fathers Who Tend Their Children

Creation Myths

Cameo Olsen .............. 42

Sarah L. Peak ....................... ^1

Randi LatZtozn ....................................... 52

Legal Research Memo

Ambu-Man

31

Janet Middaugh

................................

54

Ari Toews and David Davison ............................. 60

Assistant to the Editor: Carol Castlen
Cover design executed by Eric Valdez

�Introduction
Casper College is pleased to present the seventh 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 Conunittee served as a jury to select articles to be
published. This issue represents work submitted in response to the call for papers for two
semesters, spring 1992 and fall 1992.
Arlene Larson, editor
Casper College
Casper, Wyoming
Spring, 1993

�Directional Eye Movement
By David Golen
Course: Nonverbal Communication
Instructor: Gretchen Wheeler
Assignment: Each student must complete either a project or a research paper. The topic for
analysis must be in the area of nonverbal communication and should be narrowed to one specific
element or hypothesis of one of the aspects discussed in class in the textbook.

information. However, "If people shift their eyes
directly up or down, without significant right or
left movement, they are using both hemispheres
simultaneously" (Milner 319). As defined by the
Nonverbal Communication text, conjugate lateral
eye movement is the joint movement of the eyes
either to the right or to the left, up, or down or any
combination of these eye movements (Malandro 139).
The research question to be answered from the
study was: Will a majority (51% or greater) of the
people tested show eye movement in one
particular direction and will each person's
reflective eye movement be made in the same
direction when a.sked different types of questions?

Introduction
The purpose of the research was to determine if
people move their eyes in a particular direction
while processing information. The topic of
research was chosen from chapter six of
Nonverbal Communication, which specifically had
a section dealing with eye movement It suggested
that eveiyone has two processing hemispheres in
the brain which are used for different thinking
tasks. "People who shift their eyes to the left are
using the right hemisphere to process the
information" (Malandro 139). Along the same
lines, people who shift their eyes to the right are
using the left hemisphere to process the
5

�Methods

the variation in their eye movement came on the
third question. For the first two questions they
looked in one direction, and then they looked in
the exact opposite direction when asked the third
(example: looked up and to the right for the first
two questions and then for the third lodced down
and to the left).
Over all, it was determined that of the 100
people tested, 58 (58%) looked up and to the right,
23 (23%) looked up and to the left, 9% looked
directly up, 5% looked down and to the right, 4%
looked down and to the left, and only 1 person
looked directly down with no horizontal eye
movemenL

A questionnaire was prepared using questions
from section 3.4 of The Nonverbal
Communications Workbook. The three questions
that were used are (1) How much is 12 x 13? (2)
How many letters are there in the word
"Washington"? (3) What does it mean to say, "It is
better to have loved and lost than never to have
loved at all"? Next, a chart was constructed to
record the eye movements of the subjects. The
chart was divided into six different sections: uplefl, up, up-right, down-left, down, and down­
right.
The actual research was conducted on a
Saturday afternoon at the local shopping mall. The
researcher randomly selected 100 different
shoppers of different ages and different sex. Each
shopper was asked one question at a time and as
they answered the direction of their eye movement
was recorded in the appropiate box with a number
corresponding to the question asked. For example,
if a subject looked up and to the right when asked
question number one, then a one was placed in the
upper right band box on the chart. The same
procedure was conducted for questions two and
three on the same chart for that individual. A
separate chart was completed for each subject.
After 100 shoppers had been questioned, the
researcher totaled the number of people that had
eye movement in the same direction on all three
questions to determine if people always look in the
same direction when asked different types of
questions. Finally, the researcher totaled the
number of people that had eye movement in the
same direction to at least two of the questions to
determine if a majority of the people tested had a
common directional eye movement.

Discussion
From these results, it can be said that a majority
of the people (58%) move their eyes up and to the
right when processing information. This suggests
that most individuals are using the left hemisphere
of the brain to answer the questions. It can also be
said, that almost everyone (83%) lodes in the same
direction when asked different types of questions.
In reviewing the literature, one study titled
"Individual Differences in Cognitive Style ■ I.
Reflective Eye Movements," conducted by David
Galin and Robert Omstein, was found to be similar
to this study. Galin and Omstein studied reflective
eye movement in "subjects whose vocations
emphasized either verbal-analytic or spatial
holistic cognitive modes: lawyers and ceramicists"
(Galin 367). They also studied a population of
non-specialized subjects. They asked questions
that demanded verbal or spatial thought before
answering, such as the questions from this study.
They then scored the first eye movement following
the question in lateral and vertical directions. They
found that "lawyers and ceramicists differed only
in the vertical direction; more up movements for
ceramicists than for lawyers" (Galin 367). They
also found in their study of the non-specialized
subjects, that verbal questions evoked more eye
movement in the up and to the right direction. This
confirms that the findings of this study are

Results
Il was found that 83 people out of the 100
tested had eye movement in the same direction for
all three questions. The other 17 people had eye
movement in the same direction for al least two of
the questions. However, for all 17 of those people.
6

�the first direction of movement;
- some of the subjects may have been
distracted by other activities going on around
them in the mall and not giving full attention to
the task at hand;
- all questions were asked verbally.

accurate: the fact that a majority of the people
scored had up and to the right eye movements.
Finally, an exercise modeled on the research of
Galin and Omstein was found in The Nonverbal
Communications Workbook. In this exercise it was
stated that "approximately 75% of a person's eye
movements will be made in the same direction,
either to the left or to the right" (DeVito 76). This
statement proved to be true in this particular study
because it was found that 83% of the people
scored moved their eyes in the same direction for
all three questions.

All in all, this study was beneficial and reliable.
It was slightly different than the other studies
reviewed, but similar results were achieved. If
similar studies were to be conducted, one might
look at the differences in eye movement between
the different sexes, or even the reflective eye
movement of people of different ages, race, or
ethnic groups. It might also be interesting to see if
the environment and/or occupation has any
bearing on direction of eye movement

Limitations
- all recordings were based on the individuals
first eye movement after being asked the
questions;
- eye movement of some of the subjects was
very rapid and was hard to determine which was

Works Cited
DeViio, Joseph A. The Nonverbal Communications Workbook. Prospect Heights, Dlinois: Waveland Press Inc, 1989.
Galin, David, and-Robert Omstein. "Individual Differences in Cognitive Style -1. Reflective Eye Movements." Neuropsychologia 12
(1974): 367-376.
Malandio, Loretta A. and Lany Barker and Deborah Ann Darker. Nonverbal Communication. New York: Newbery Award Records,
Inc., 1989.

Milner, B. "Visually guided Maze Learning in Man; Effects cf Bilateral Frontal and Unilateral Cerebral Lesions." Neuropsychologia 3
(1965): 317-338.

7

�c

Home Schooling Issue Study
By Cathi Springer
Course: Introduction to Sociology
Instructor: Dr. Barbara Mueller
Assignment: Students were asked to consider the different sides of a controversial issue of
their own choosing. After selecting the argument with which they agreed, students were asked a
series of questions to respond to from a sociological perspective.

Galen and Pitman, pg. 10). Much controversy
surrounds the issue of children's being educated at
home, with questions being raised such as "Who's
in charge of children, the parents or the state?” and
"How much education should be required of a
parent to home teach?" All fifty states permit
home schooling (Johnson, Collins, Dupuis, and
Johansen, pg.250). It is estimated that one million
children are currently being home schooled.
Studies show that these numbers are increasing by
twenty percent annually (Van Galen and Pitman,
pg. 10). The backbone of the home schooling
movement has been the Christian Fundamentalist
groups who object to the lack of moral and
educational values in the public schools and

Home schooling was once a necessary
mainstay of education in early America. The home
served as the primary social center, the root of
moral and spiritual guidance, as well as the means
of academic instruction. Much of the focus
centered around learning to read the Bible. George
Washington, Mark Twain, Margaret Mead,
Abraham Lincoln, and Thomas Edison were all
home schooled(Gorder, pg.9). Home schooling
declined in the early part of the twentieth century
due to a drive for compulsory schooling and a
strong public goal to see all children graduate
from high school(Van Galen and Pilman,pg. 9).
Home schooling has reemerged in the last
twenty years as a popular option for parents(Van
8

�made on the teachers in these schools each year
(John.son, Collins, Dupuis, and Johansen, pg. 165).
Parents of home schooled youth are able to shelter
their children from these serious social problems.
Through home based schooling, parents have
the freedom to choose the curriculum as weU as
the text books their children will learn from. Many
children are introduced at a much earlier age to
subjects such as foreign languages, astronomy, and
computer science. The findings of a study (Quine
and Marek, 1988) suggests that the home schooled
child may develop intellectually at a more rapid
rate than those in conventional schools (Van Galen
and Pitman, pg.57).
Although there appear to be obvious advantages
to home based schools, there are numerous flaws
in the system. In order for home schooling to be a
success, a child must be as enthusiastic about the
teaching method as his or her parents. Children
taught in the home are left out of public and
private school sponsored clubs such as Student
Council, Future Farmers of America, and debate
teams. The opportunity to participate in school
theater presentations, sports programs, and music
groups is not possible either. Children who are
educated at home are isolated from other children
their own age. The findings of a study done in
1979 concluded that "students working by
themselves or in small groups for long periods of
time are handicapped socially (Van Galen and
Pitman, pg. 52). In a 1988 questionnaire, based on
a systematic random sample of home based
families, parents cited that extra effort must be
expended to provide social contact for their
children (Van Galen and Pitman, pg.57). This is an
indication that home schooled children have to put
forth an extra effort to make friends in comparison
to other children. Public or privately educated
children benefit from the latent function of
socialization that schools provide naturally.
Opponents of home schooling cite the laws as
being lenient regarding the amount of education
required to home teach. They also oppose the way
in which yearly standardized tests are
administered. In a 1985 survey, the Washington

numerous federal laws regarding public education
and religion. In a 1963 U.S. Supreme Court case it
was decided that reading the Bible and reciting the
Lord’s Prayer in public schools violate the First
and Fourteenth Amendments. In a 1968 federal
court case the court decided that to forbid the
teaching of evolution as a theory violates the First
Amendment, yet in a 1987 case the U. S. Supreme
court decided that a state cannot require schools to
teach the biblical version of creation (Johnson,
Collins, Dupuis, and Johansen, pg. 251).
Families who have chosen home schooling, in
place of public or private education, feel there are
many advantages and rewards. Parents who h«ne
school their children enjoy one hundred percent
involvement in their children’s education. Mothers
are the primary educators in hcxne based schools.
They can devote their attention to their own child’s
educational needs and progress with daily
monitoring.
According to a Washington poll, a majority of
parents who home teach say they spend an average
of twenty to thirty hours with their children each
week (Van Galen and Pitman, pg. 17). Both the
children and their parents say the teacher - pupil
relationship is solid, secure, and warm. This
emotional bond is an important requirement for
learning. "The average time a parent spends
talking with their child daily is eleven minutes and
seven of those minutes are spent reprimanding the
child. (A direct quote from Charlene Davis,
Foundations of Education).
The 1980 Gallop Poll indicated that the
American public regards the lack of discipline as
the biggest problem in our public school systems
(Gorder, pg. 13). The U. S. Senate Committee on
Delinquency has estimated that school vandalism
costs our nation over six hundred million dollars
each year. The National Association of School
Security Directors estimates that each year there
are twelve thousand armed robberies, two hundred
seventy thousand burglaries, two hundred and four
thousand aggravated assaults, and nine thousand
rapes in our schools. Furthermore, an estimated
seventy thousand serious physical assaults are

9

�standardized, very structured and expect formal
code role behaviors, society is very slow in
accepting and correcting problems that arise. I
believe a sociologist would view home schooling
as a legal, perfectly acceptable option for families.
After all, these families pay local property taxes
for public education even though their children
reap none of the benefits. I feel a sociologist
would also be quick to point out that home
schooling requires a nuclear family situation
where the father is the prime source of family
income and the mother is the nurturer. With
nuclear families declining, home schooling may
never have a chance to prosper fully.
In my opinion, the laws should be more strict in
regard to the educational requirements of home
school instructors. I feel this will determine
whether parents will seek higher education for
themselves to teach their children at home. If they
do not choose to do so, our compulsory attendance
laws will force parents to enroll their children into
public (X private schools.
The only problem that may arise from my
solution would be that families may choose to
band together and have one qualified educator
teaching larger groups of children and in essence
forming their own private schools.
With home based education still being fine
tuned, it is hard to measure the results and the
direct effects it will have on the children involved.
Public and private education provides children
with many challenging experiences that home
schooled children are not exposed to. For instance,
the daily task of being on time to meet the bus,
waiting your turn in line in the school cafeteria and
sharing the teacher's attention with other students.
All of these things prepare children for a realistic,
positive work experience which follows schooling.
Isn't this what education is about, after all?
"Introduction to Sociology" has greatly
expanded my awareness of social issues and
problems that 1 bad never been exposed to. I
believe this course will help me to belter perfonn
the duties of an elementary education teacher.

Department of Public Instruction reported that
seven percent of the parents leaching their children
at home did not have a high school degree. One*
fourth of those surveyed held a high school
diploma, forty-one percent reported some college,
sixteen percent held a bachelor's degree, and a few
had only General Equivalency Diplomas (Van
Galen and Pitman, pg. 14). Only two stales require
that teachers in home schools be slate certified to
teach. A yearly national standardized test is
required of all children in home school settings to
provide documented proof of annual educational
achievement. The validity of the test score is
directly related to the manner in which the test is
administered, and almost all achievement tests are
intended for group administration according to
prescribed procedures. When a home schooled
child is iested,this environment certainly is not
present. Although not necessarily appropriate,
concessions are sometimes made for home
schoolers simply because the child is not tested in
a group setting. The result may be some laxity in
adhering to the timing guidelines. The results are
then skewed.
In my opinion, home schooling will be around
in the next decade. I do not think the numbers of
children home schooled will ever surpass the
numbers of children being educated in public or
private schools. With Christian Fundamentalist
groups being the leaders in the home schooling
movement, I feel they won't make serious attempts
to sway people towards their beliefs and prefer to
be left alone. Should these sects or cults
deteriorate with lime, I predict home schooling
will also wane.
Our public school system is suffering at this
lime with problems such as seven percent
illiteracy rate in Natrona County alone. One and
one-half million teenaged girls become pregnant
each year. The United Stales has one of the highest
divorce rales in the world, which no doubt effects
our educational system with numerous added
pressures placed on children. Education is an
institution which is very much interrelated with
the family institution. Because institutions are
10

�Sources
Home SchooLf An Alternative, by Cheryl Gorder, Blue Bird Publishing, 1990.
Home Schooling, by Jane Van Galen and Mary Anne Pitman, Ablex Publishing Corporfflion, 1991 ■

The How and Why ofHome Schooling, by Ray Ballmann, Good News Publishers, 1987.

The Home School Manual, by Theodcne Wade, Gazelle Publications, 3rd edibon, 1988.
The Clearing House for the Contemporary Educator in MidtBe and Secondary Schools, Testing Problems of Home Schooled
Children" by Richard J. Mueller, volume 62, March 1989.
Introduction to the Foundations ofAmerican Education, by James A. Johnson, Harold W. Collins, Victor L Dupois, John H.
Johansen, puUished by Allyn and Bacon, Sth edition, 1991.

11

�Fact Witness Interview
By Janet Middaugh
Course: Legal Research II
Instructor: Mary Kubichek
Assignment: Students were to interview someone who witnessed an incident of sexual
harrassment and then draft a statement from the point of view of the witness.

12

�Witness Cover Sheet
Case: Otis v. Bead
Our File: 00-29-10-92
Dale &amp; Time Taken: October 20,1992 at 12:20 p,m.
Taken Dy: Janet Middaugh
Au Casper College, Room 172 Administration Bldg.
Witness:
Name:
SSN:
Address:

Home Phone:
Work Phone:
Marital Status:

Other Contacts:

Anne Brandt
520-20-1720
180 Grandview
Casper, WY 82604
473-1755
577-1642
Single
Occupation:

My name is Anne Brandt. That is my full name,
I have no other names or nicknames. I live at 180
Grandview, Casper, Wyoming 82604. I have lived
al this address for one year. My home phone
number is 473-1755. I am 21 years old, single, and
never married. I am legal guardian of my threeyear-old nejAew John, who lives with me. John's
mother was my sister, who was killed in an
accident. Since my parents’ recent divorce, my
mother has also been living with me. I work fulltime as a receptionist at Parts, Inc. I have been
working there almost two years. I also woik parttime in the evenings as a waitress at Casper Inn,
and attend night classes in business related subjects
at Casper College. My mother lakes care of John
for me since she is unemployed at this time. Three
people who are able to contact me at all times,
besides my mother , are Tess Brown, 21 Erma,
(Zasper, Wyoming 82601, 577-8119; Joe Jones, 101
Sun Dr., Casper, Wyoming 82609, 237-7007; and
Lynn Wright, 240 Grand, (Zasper, Wyoming 82601,
473-1755.
Until recently, I wraked together with (Zarol Otis
as receptionists at Parts, Inc. Carol had worked
there for about five months. I had known Carol for
several years prior to her employment with Parts,

Tess Brown (Friend)
21 Erma
Casper. WY 8260
577-8119
Joe Jones (Friend)
101 Sun Dr.
Casper, WY 82609
237-7007
Receptionist, Parts Inc.
Waitress, Casper Inn

Inc. We are good friends. At about three in the
afternoon on the day (Zarol left Parts, Inc., we had
been talking about Carol's brother as we worked.
He had recently been laid off his job and was
thinking of moving down south to look for work. I
was silting at the reception desk sorting invoices
and (Zarol was standing and filing papers into the
cabinets just to the right of the desk. We were both
dressed casually in jeans and sweaters. This was
our usual attire at work. I cannot remember the
exact style or color either of us were wearing that
day.
Mr. Bead then entered the reception area from
the hallway to the right I do not know if he was
coming from his office or the warehouse, which are
both accessed down that hallway. He approached
Carol al the file cabinets, put his arm around her
shoulders, and said, "My wife is out of town
tonight, want to go out with me?" (Zarol answered
"No" emphatically and moved away from Mr.
Bead. Mr. Bead then raised his hands palm up in a
surrender gesture and said, "Okay," sarcastically.
Carol turned her back to Mr. Bead and he slapped
her hard on the butt and returned back down the
hallway. Carol stood with a stunned look on her
face for a moment, then burst into tears, grabbed

13

�version of the incident is clear and convincing, she
is lacking detail in many other areas. She is very
reticent in talking about her background and
personal life. She had trouble as a teenager and
has a juvenile conviction for shoplifting. She also
had a drinking problem as a teenager, though now
she has given up alcohol and never drinks. Anne
wears either contact lens or glasses every day and
has recently had her lens prescription updated. She
takes no drugs, including prescription drugs.
Anne’s loyalties are split. She feels sympathy
for Carol over Mr. Bead's treatment of her, but is
fearful of losing her job if she testifies adversely
toward Mr. Bead. Anne has never testified in court
before and is reluctant to do so now. She is
undecided on whether Mr. Bead’s treatment of
Carol was sexual harassment.
Anne's home life is in an uncertain slate. Her
parents divorced recently and her mother is living
with her and her nephew. Her father is living in
Saudi Arabia. Anne and her mother have
discussed moving lo Arabia to be close to him, on
his request. Aime has a very busy life and admits
to being tired on the day of the incident.
If we decide we must use Anne to testify, we
will have lo spend extra lime preparing her for
trial. She is very worried that her testimony may
result in losing her job. As a result, we may have
to subpoena her to appear.

her purse aiid jacket and ran out of the building
through the front door. She never returned.
Though there was some noise from the warehouse
behind the reception room, I heard and saw the
whole incident clearly.
This was not the first time that I heard and saw
Mr. Bead ask Carol on a date. She had always
refused definitely to go out with him. I cannot
remember exactly how many limes or when I
witnessed Mr. Bead asking Carol on dates. Mr.
Bead often joked with the employees and told
stories. Mostly these were off-color jokes and
stories. He is rude and sometimes difficult to gel
along with. He seems lo gel on better with the
male employees. I have been able to get along
okay with Mr. Bead. Besides Carol, 1 know of no
other female employees that Mr. Bead has dated,
tried lo date, w touched. Mr. Bead has never dated,
tried to date, or touched me. He is a married man.
I have no personal attraction toward Mr. Bead.
I have spoken by phone with Carol since she left
Parts, Inc., but we did not discuss this incident, I
have not spoken to anyone else about it I believe
that Carol had spoken to Lynn Wright, the
personnel manager about Mr. Bead.

Impressions
Anne Brandt, who was a witness to the incident
involving our client, Carol Otis, will make a rather
weak witness for our case. She was well-dressed
and well-groomed, but quite nervous. Though her

14

�The Function of Sandpaintings
By Kathy HeHer
Course: Native American Literature
Instructor: Jacqueline Valdez
Assignment: Write a research paper on a topic of interest to you discovered during your study
of American Native literatuie.

Jamake Highwater in his book Arts of the
Indian Americas states that there are more than
1,000 different forms of sandpainting. He goes on
to explain that sandpaintings are "used as a central
part of the Navaho curing ceremonies, by which
harmony with the cosmos is maintained" (319).
Dorothy Dunn in her book American Indian
Paintings refers to sandpainting as "a visual
embodiment of Navajo religion" (113). Dunn
further indicates that most sand paintings were
done on hogan floors and rarely were done on
softened buckskin. She additionally refers to
sandpainting as "the spirit of Indian art" (113).
Dunn explains that sandpaintings "are contained in
their ccxnpleteness only in memory by a few men
of the tribe who have had the generosity, the

patience, and the mental capaci^ to learn them bit
by bit from a master chanter" (113). Jill and Peter
Furst in their book North American Indian Arts
describe sandpainting as
a pictorial prayer which, by depicting the
Holy People, the gods, in a beautiful way,
enlisted them in restoring health, harmony and
beauty to life. Navajos called this condition
hozo. Hozo is not only desirable; it is the
natural condition of the world, and the
condition which must be restored if self,
society or the environment has become
unbalanced, ugly, or disharmonious. The
Navajos have blessing and curing rites for
everylhing-’people, places, houses, crops,
livestock, the opening of a store, mental and

15

�inside the house, lo inform the gods that they are
expected, and to warn persons that are not
concerned with the ceremony that they should slay
away. Reichard, an anthropologist who lived with
the Navahos, states that one painting is made on
each of the fifth, sixth, seventh and eighth days of
the ceremony. She stales that "a simple painting
may be finished by one or two painters in half an
hour; an elaborate one may require from three to
forty assistants working eight to ten hours"
(xxxvi).
Dorothy Dunn indicates that
sandpainlings vary in size from twelve inches (X
so in diameter to a full twenty feel across (114).
When the painting is finished the person
(patient) sits on it or sleeps on it. While the
patient is sitting on it, the chanter applies sand
from the various figures of the painting to
specified parts of the patient’s body and performs
other ritualistic acts (this usually occurs on the
eighth day). All of this is done to identify the
patient with the deities represented in the painting.
The National Geographic Society stales that the
patient "relives the trial of a long-ago hero cured
by the gods" (197). They go on lo state that
"Modem medicine marvels when there is a cure,
but the principle is old: Mind and body are one.
The Navajo treat the patient, not the illness; the
ritual will bring him back into harmony with
himself and the world" (197). The rile lasts about
half an hour on each of the fifth, sixth and seventh
days and from an hour to two and a half hours on
the eighth day.
The mythical protagonists saw the first
sandpaintings on clouds and other materials which
were perishable. Sand is a substitute for the
clouds and the other perishable materials. Also,
whenever an object is lacking for a ceremony, it
can be represented in sand.
Sandpainling is a vital part of many
ceremonies. Certain paintings cannot be made in
the summer months without being restricted.
Some paintings operate to ward off evil forces and
influences, while others are made to maintain
favorable conditions or to heal damage done by
evil agents.

physical illness, a young man leaving lo join
(he army or reluming from the outside worid.
Whatever needs to be set right is placed in the
sacred center of the miraculous events of the
mythic past, a time when everything was
possible, a lime when the Holy Ones, the
benevolent gods, and the Hero Twins,
children of Father Sky and Mother Earth,
battled and vanquished the forces of darkness,
evil, and disharmony and received all the
sandpainlings and all the curing chants the
medicine men use today. (35-36)
The World of the American Indian refers to
sandpainling as a "transitory tapestry in sand"
(197). Most of the information provided in this
paper pertains to the Navajo tribe. It is believed
that the Navajo borrowed much of their material
culture from the Pueblos. For the Navajos, every
illness has a spiritual as well as a physical
dimension and to attempt to cure one while
ignoring the other would be useless. Gladys
Reichard in her book Navaho Religion slates that a
ceremony may be recommended lo drive.away
fear, to cure symptoms such as colds, fever, sore
throat, fatigue, and lameness but that "disharmony
shows up in ways other than illness. The same
ceremony may be held to attract the good offices
of animals, rain and other protective gods" (11).
She further indicates that man's life is called a
"walk through time. He travels a trail repeatedly
symbolized in sandpaintings and ritual. The
purpose is to cany him safely and pleasantly along
this road from birth to dissolution" (37).
Sandpainting is one of the elements that goes
into a ceremony or chant. The other elements
include the medicine bundle, song, prayer, plants,
body and figure painting, sweating and emetic
(causing vomiting) rituals and vigil. The
sandpaintings become part of the ceremony on the
fifth day. At this time, an altar is formed outside
the dwelling in which the ceremony is held,
usually a hogan. On the altar is placed the
chanter's bundle which consists of all of the items
sacred to the chant or ceremony. The altar is there
lo announce the preparation of a sandpainling

16

�book North American Indian Ans. It seems that in
1919 a respected medicine man named Hosteen
Klah, or Left-Hand,
...occasioned much grumbling among his
fellow Navajos and, some thought, but for his
great prestige might even have put his life in
danger by combining his extraordinary talents
as a weaver and his ceremonial knowledge to
produce a large sandpainting tapestry, as fine
as any of the early Navajo blankets. This
violated a cardinal rule: that sandpaintings
depicting the magical deeds of ancient heroes
and the Holy People must be obliterated at the
end of the curing ceremony in which they
were used, and must not be made permanent
(35).
Evidently Klah thought a long time before
agreeing to make the piece, and be did so only
after be was assured that the weaving would not
be pul on the floor for people to walk over the
Holy Beings.
In recent years the Navajos have added
sandpaintings on boards to their inventory of folk
art for sale. This is where my naive interest came
into play. I bought my first sandpainting from an
Indian at the Four Comers and thought that this
was the way they had always been presented.
Obviously, it is the way they are always presented
to the public. I have found that the sandpaintings
they have for sale have changes in details which
are introduced to avoid giving offense to the Holy
People and to "render the sandpaintings
ceremoniously useless and therefore harmless,"
according to Jill and Peter Furst (36). The Fursts
go on to say that if the correct form were to be
made permanent, "the power of the painting would
be too great for the uninitiated" (37).
Now the sandpaintings are dying, one by one,
because the technology of the press of the modem
world is overwhelming them. Were it not for the
careful recordings of a few painstaking and
appreciative people, they would be lost forever.

Dorothy Dunn describes the process of
sandpainting in this manner;
Dipping into their pine-bark trays of sandweighted pigments, the painters precisely deposit
small streams of color which flows as evenly
between thumb and forefinger as sand through the
neck of an hourglass. They draw figures, then
clothe them according to tradition. To rectify an
error, a painter covers it over with sand and starts
afresh, but mistakes are seldom made (114).
Dunn states that the colors red, yellow and
white are from pulverized sandstones or from
ochres powdered and given body with plain sand.
Black is of root charcoal, sometimes enlivened by
minute quantities of warm colors. Blue is a
mixture of black and white, in reality a gray but
which appears as blue in use. Less common
colors such as brown and pink are also mixtures of
basic colors (115). Grinding is done on stone
metates (a stone with a flat or concave surface
where material is ground with a smaller stone),
and pigments are stored in leather pouches.
Upon completion of the sandpainting,
according to The National Geographic Society, the
sand "must by sunset be scattered to the winds lest
evil spirits come and make mischief" (197).
Reichard says.
The disposal of substances and properties (of
the ceremony] is just as important as the
preparation. Helpers scrape the sand into a
blanket and deposit it outside in a place
designated by the singer. If the painting
belongs to a Holy Chant, all may be emptied
in one place. If it is a painting of an Evil
Chant, one portion may be placed under the
patient's pillow for the night and another
scattered in one or more directions outside,
each night farther and farther from the hogan
(343-44).
The idea is that the sand absorbs the evil. On the
other hand, some of the sand may be placed under
the patient's bed so that he may absorb the good of
the supematurals represented by the sand.
An exception to the sandpainting's being
destroyed was told by Jill and Peter Furst in their

17

�Works Cited
Duno, Dorothy. American Indian Paintings: Of The Southwest and Plains Area. New Mexico: UofNM. P, 1968.
Furst, Jill L. and Peter T. North American Indian Art. New York: Rizzdi IntemauoDal Publications, Inc., 1982.

Highwater, Jamake. Arts of the American Indiarts: Leaves from the Sacred Tree. New Ycxk: Harper

Row, 1983.

National Geographic Society. The World of the American Indian. Washington, D.C.: National Geograi^iic Book Service, 1979.

Reichard, Gladys A. Navaho Religion: A Study if Symbolism. Winceton and London: U of Princeton P, 1950. Foreward Copyright
1963.

18

�Gender Differences in
Perception
By Letty Stutheit
Course: Child Psychology
Instructor: Dr. Ruth Doyle
Assignment: The major assignment for the course is applied research based on one of the
seven research designs discussed in class. This is a descriptive research design assessing
perceptual differences of children based on gender.

ABSTRACT
This is a descriptive research of the ability of children to discern and later recall the location of
objects in a random pattern. The children's abilities were tested by using two pictures of objects.
The children were asked to first study picture ”A’’then the children were asked to locate the
objects added to picture "A" on picture "B". The children's ability to locate and recall objects in a
random pattern is based on the number of correct answers minus the number of incorrect
answers given. The results showed female children in grades kindergarten through four scored
higher than their male classmates.

19

�Operational Definitions

1. Introduction

discern: to recognize and identify random
pattern; no specific pattern

This is a descriptive research of the gender
differences in the ability of children to discern
and later recall the location of objects in a
random pattern. The children's abilities were
tested using two pictures of objects.

Extraneous Variables
Children below kindergarten level were
unable to complete the task. Most probably
there were too many objects on picture "B"
for them to deal with. The scores for these
children are not included in the results as they
were inconclusive.
2. A few of the students in grades K - 4 did not
follow instructions. These students "X"ed the
familiar objects from picture "A” instead of
the new objects. Those scores are not included
in the results.

1.

Problem
The problem of the research was to describe the
gender differences in the ability of children to
discern and later recall objects in a random pattern.

Rationale
Theoretically female students spend more time
on the detail of objects than their male classmates.
Illis shows in their higher performance in reading
and math in the primary grades.

11. Methods and Procedures

Hypothesis

Subjects

There are no gender differences in the ability of
children to discern and later recall objects in a
random pattern.

The subjects for this research were preschoolers
ages 3-5 of daycare and the kindergarten through
grade four students at elementary school.

Limitations

Instrumentation

Access to intact groups of children of targeted
age.
2. John Henry Effect --to control for this effect
the tester will not tell the subjects what the
objective is.
3. The ability of the children to follow directions.

The instruments used were two pictures of
objects found in most home environments. Picture
"A" has Tl objects placed randomly in the picture.
Picture "B" has the same objects in the same
locations as picture "A", plus 20 new objects
placed randomly throughout the picture.

1.

20

�allotted for studying picture "A" while male
students utilized only about half the allotted time.
The average scores for each grade are represented
on the graph below.

Procedure
The children were given picture "A" face down
on the desk. The children were instructed to turn
over the picture and study the objects and their
locations for two minutes. At the end of the two
minutes the pictures were collected, and picture
"B” was placed face down on the desk. The
children were then instructed to turn over the
picture, locate all the new objects they could find
and mark those objects with an "X" in one minute.

rV. Conclusion, Implications and
Recommendations
The results of this research follow closely with
the reading and math abilities of primary grade
school students. The ability to discern and later
recall the location of objects in a random pattern
may coincide with reading and math abilities.
Based on the observation that female students
utilized their time more
wisely than
male
students, the implication
may be that the female
students concentrate
harder and are more
oriented toward symbols
and objects than male
students of the same
age.
Tasks
for
stimulating
male
concentration ability,
recognition and memory
skills may increase the
overall score of male
students in math and
reading.

Scoring
The scores were determined by the number of
correct objects marked minus the number of
incorrect objects marked.

III. Results
The hypothesis
was rejected. In
every grade tested,
the female students
scored higher than
their
male
classmates. The
tester also observed
that on the average
female students in
every grade level
utilized the entire
two
minutes

21

�The Kwakiutl Indians:
Their World View and Orientation
By Caroll Westlake
Course: Introduction to Cultural Anthropology
Instructor: Dr. Barbara Mueller
Assignment: Students were to analyze an ethnography of their own choosing providing
examples of each of the four values identified in Kluckhohn's and Strodtbeck's model of "world
view."

some unknown lime in the future is overridden by
the immediate desire to slay home and participate
in the drinking party.
Further evidence of their focus on the present is
the fact that few of the Kwakiutl save funds for
fuuire emergencies. When the fisherman's union
called a strike it did not take long for the effects to
be fell by the villagers because there were no
private funds to fall back on in the emergency.
The Kwakiutl orientation to the present is also
shown by their disregard for prompmess. Rohner
states that, "Prescheduled events, except school,
rarely begin al the designated lime because few
families start getting ready until it is time for the

Relationship to Time
The Kwakiutl Indians are primarily concerned
with the present Ronald P. Rohner observed that
“the Kwakiutl prefer to guide their lives according
to events such as when they feel tired or feel some
other pressure...,’’ (Rohner, 1970, p.l7). For
example, episodic drinking is a favorite activity in
the village of Gilford. When a drinking party is in
progress, men of the village who are employed in
nearby logging camps may arrive al work late or
fail to show up at all.
The possibility that they may lose their jobs
along with much needed income docs not appear
to be of serious concern. The need for money at

22

�sharing as a leveling influence also contributes to
this orientation. Rohner states, "No individual can
sink loo low or rise too high...because of the
patterns of borrowing and sharing" (39). This
practice discourages a focus on the future, so "the
motivation to accumulate more than enough to
satisfy short-term desires is weak" (Rohner, 1970,
p.4O). They have no need to scrabble for excess
wealth or power and this in turn leaves them free
to focus on the moment and the process of being.

activity to begin. Both Indians and Whiles
sometimes refer to this orientation as "Indian
time" (Rohner, 1970, p.l7).

Relationship to the Physical
World
The KwakiutJ culture defines itself as subject
to the whims of the natural world. They prefer to
deal with the world as it is rather than trying to
change it. For example, they think of themselves
as fishermen, and as such they are subject to the
whims of nature and a sometimes fickle market.
The logging industry could be a much more stable
source of funds for them as their lands are
surrounded by great forests. However, they
continue to consider themselves fishermen and
involve themselves in the logging industry only
reluctantly. Rohner tells of receiving several
letters from villagers in which an attitude of
passive acceptance is expressed. “The fishing is
very poor the last few weeks,” wrote Patrick
Cedar. “O, well that's part of life I guess, you got
to take what you gel and give what you got”
(Rohner, 1970, p.35).

Relationship to One Another
At present the Kwakiutl appear to be moving
toward a more individualistic society than that of
their fathers. They have retained very little of the
traditional ranks and class system that
characterized the Indians Franz Boas studied. One
of the villagers commented that, "the thing about
this village is that its every man for himseir
(Rohner, 1970, p.64). On the other hand, the Band
council that was set up by the Canadian
government has proven to be ineffective. The
main reason for this, Rohner states, is that "the
authority vested in the council is inconsistent with
village normative standards" (Rohner, 1970,
p.59). Certain norms and social controls are
strongly in evidence. For example, "Serious
damage to the body or to property is rarely
committed even during periods of the most
unrestrained parties and fighting" (Rohner, 1970,
p.44). They are in a period of transition toward
individualism. At the same time, this trend is
being restrained by powerful social controls and
normative standards.

Relationship to Activity
Members of the Kwakiutl put emphasis on the
process of being rather than that of becoming or
achieving. This attitude is linked to their passive
acceptance of the world around them and their
focus on the present rather than the future. It
allows them to feel free to simply enjoy the
process of being. The practice of borrowing and

Reference Source:
Rohner, Ronald P., Kwakiutl Indians ofBritish Columbia, 1970.

23

�A Review
of Shakespeare’s Henry V
By Kelly Maloney
Course: Introduction to Theatre
Instructor: TomEmpey
Assignment: Watch a filmed version of a Shakespearean play and critique the movie,
commenting on acting, directing, technical aspects; discuss language and theme.

directed by its star, Kenneth Branagh (no slouch
of an actor himself), who also adapted his version
for the screen. Branagh is relatively unknown to
American audiences, with the most successful film
be has starred in so far being Dead Again from a
couple years ago.
The basic plot of both versions, as you might
imagine, is the same. The young king of England,
Henry V, is goaded into war by the Prince
Dauphin of France. Harry, as the king thinks of
himself, raises an army, sails across the English
channel, and gives ’em hell. His small, travelfatigued army defeats a much larger French force,
and the French king surrenders. As an item of the

For this review of a filmed play by William
Shakespeare, I chose Henry V for two reasons.
First, I knew Kenneth Branagh had filmed a
version in 1989, and I had heard it was quite good.
Also, I had not seen it. Second, 1 figured that if
Laurence Olivier had bothered to perform a filmed
version (in 1944, which I also had not seen), the
story would probably be worth the time spent
deciphering the language. Wanting to see which
was the better version, I watched both.
The 1944 version of Henry V starred, was
produced by, and was directed by Sir Laurence
Olivier, who happens to be the most celebrated
classical actor of all time. The 1989 version was
24

�he said, whether be needed to or not. There was
little difference between the (supposedly)
emotional scene where Hany expresses his anger
over France decimating the baggage wagons, and
the scene at the end where he tries to woo F*rincess
Katherine.
1 much preferred Branagh’s more human
interpretation of King Harry. The feeling I got
was that Olivier was playing a king who had to put
up with being a mere human, while Branagh was
playing a man who just happened to be king.
When Branagh's Harry expresses his anger over
the French treachery, you know he is really angry,
and barely in control of his temper. You know be
feels it
Another big difference was the portrayal of the
French Dauphin. In the 1944 film the crown
prince seemed to need to be protected from harm.
He was treated like a spoiled child by the group of
nobles he hung out with, and sat out most of the
Battle of Agincourt on a nearby hillside. In the
1989 version, the Dauphin (played by a man
named Michael Maloney, by the way) is played as
the adult that he is. He just seems like one of those
people who haven't yet come to realize what effect
their decisions and actions have on the lives of
others. He played an integral part during the battle
scene at Agincourt
Olivier and Branagh, as directors, very
differently interpreted the language that is used.
Even though William Shakespeare wrote the
words, the style is nowhere near similar between
the two plays. For example, Olivier tended to
"project" his voice throughout the film, even
though once the scene shifted to the movie format,
it really was no longer appropriate. Branagh, on
the other hand, used such "projection" techniques
only when it was necessary for his character to do
so, like when he was addressing crowds of his
soldiers, or his enemies who were quite far away.
Because of his noimal speech patterns, the words
be was speaking were easier for me to understand,
thus making his version of the play easier to
understand.
Another thing that made it easier for me to

negotiated terms of surrender, Harry wins the hand
of Princess Katherine in marriage, and thereby
unites the countries of England and France under
one ruler, at least for a while.
Olivier's version opens in a unique fashion,
with a panoramic view of medieval London,
finally closing in on the Globe Theatre, where we
witness the presentation of the play Henry V in
front of an audience as it might have been. The
people attending the show at the Globe are asked
to use their imaginations, or, as the chorus puts it
in his introduction, "on your imaginary forces
work." This is probably helpful, since the scenery
at the time wasn't anything more than a scenic
backdrop pulled like a curtain across the back of
the stage.
After a few scenes, the play shifts to a regular
film format. The film scenery of 1944, however,
isn't much better than the stage scenery. Although
there are sets, for the castles, battlefields, baggage
wagons, etc., the backgrounds are represented by
what are obviously paintings. Whether this
represents bow limited the special effects
capabilities of the 194O’s were, or is a directoral
decision by Olivier, is hard to tell.
In contrast, the scenery of the 1989 version is as
realistic as any other film produced these days.
The chorus has a short introduction in what looks
like the backstage area of a movie set, which is
probably an acknowledgement of Olivier's
opening scene. When the "play" begins, it opens
immediately in a regular movie format. This style
is a big improvement for a modem audience; there
are no painted backdrops here. The battle scene at
Agincourt is particularly good, since the middle of
the battlefield, where all the action takes place,
ends up looking like a small muddy pond, due to a
rainstorm in the midst of the battle.
As far as the characterization and language use,
there is a similar contrast between the two
versions. Olivier may be the greatest classical
actor ever, but 1 doubt that this is his greatest
classical acting, he failed to recognize the
different acting styles needed for stage and screen,
and ended up as a tin man, projecting everything
25

�Perhaps the biggest difference in the two
adaptations of the same play is concerning the
effect that war has on man, which is the theme of
the play. There were 10,000 Frenchmen killed on
the battlefield, "of which 500 were but yesterday
dubbed knights." There were about 500 English
dead, four of whom were nobility, and friends of
the king. Olivier's King Harry seemed to be
saddened by this, but not overly so. He was
willing to accept this, and probably didn't think
about it again. Branagh's Harry, on the other hand,
appeared to be genuinely saddened by it, and did
think about it again, as he is sitting at the treaty
table. As Harry said, upon reading the death toll
of the French forces, "Here was a royal fellowship
of death." It was then that he seemed to wonder if
it had all been worth it. People today wonder the
same about Vietnam, so we haven't changed much
in hundreds of years. Shakespeare wrote Henry V
to make us think about the futility of war, and if I
had never thought about it before, it would
probably have done the trick. Too bad be didn't
write a play showing us how to make war
obsolete.

understand Branagh's version was that all the
characters, from the king to the nobles to the
lowliest thief, were recognizable as people. Even
a couple of the enemy, such as the Dauphin, and
the herald had recognizable personalities. Olivier's
supporting cast didn't seem to be as good as
Branagh's, and I recognized a couple names in the
credits of Branagh's film from Franco 2^efferelli's
1990 version of Hamlet. The fear that was
apparent in all the Englishmen's faces before, and
during the beginning of, the French charge at the
climactic battle at Agincourt is nothing short of
believable. I couldn't help but wonder bow many
of those men would bolt to save their own lives.
The portrayal of the French herald Monijoy was
very realistic, and you begin to see him as
Montjoy, the herald for the French, instead of just
the French herald, as you did in Olivier’s film. It is
obvious that, in the 1989 movie, be comes to
respect King Hany and the courage of the English
forces the more he comes in contact with them,
something that just didn't happen in the earlier
version. In Olivier's version, the character never
changed.

26

�c

Tracking
An Issue of Choice
By Annmarie Gosar
Course: Foundations of Education
Instructor: Charlene Davis
a topic pertaining to education, using at least

Assignment: Write a mini-research paper
three difTerent sources.

The best approach to grouping students must
be found by examining different sides of the issue
through research data and by deciding on a viable
plan. The best solution may be to borrow ideas
from a system in another country and to modify
these ideas to meet the needs of students in the
United States.
Researchers are busy gathering new data and
examining existing data to provide a valid base for
change. Given the extremes evident in the reform
movemenu educators must carefully analyze the
results of studies and arrive at a thoughtful
compromise between heterogeneous and
homogeneous grouping.

The public school system is undergoing
changes that affect organizational and curricular
structures for all students. "Social- political
demands" are being made for educators to
guarantee higher achievement levels and increased
capacity of students to think. Educators have
responded to the demands in various ways (Van
Tassel-Baska, 68). Controversy pervades the
current status of education because not everyone
agrees on the solutions. Panaceas to the
educational ills are being touted from every
direction. One of the most controversial issues
involves changes in the areas of grouping and
classroom strategies.
27

�To be fair, the pros and cons of the studies on
grouping must be considered. AO educational
researchers seem to agree that solutions must
provide students with equal opportunities and
equal access to educational experiences. They do
not, however, agree as to how this goal can be
achieved.
Jeanine Oakes, UCLA professor and author of
Keeping Track, has charged that ability grouping is
discriminatory, unfair, and ineffective. In her view,
no children gain from placement in homogeneous
classes, and children are harmed both intellectually
and psychologically by grouping (O'Neil, 18).
On the other band, James A. Kulik and ChenLin C. Kulik, Education professors at the
University of Michigan, refute Oakes’ findings.
The Kulik study shows clear and consistent
academic benefits from grouping programs. "The
academic benefits are clearest for those in the
higher ability groups, but students in the lower
groups are not harmed academically by grouping
and they gain academic ground in some grouping
programs." The study also notes that ability
grouping does not have devastating effects on
student self-esteem. Talented students may
become slightly less satisfied with themselves
when taught with their intellectual peers; slower
students may gain slightly in self-confidence when
they are taught with other slower learners. Kulik
and Kulik "believe that American schools would
be harmed by the elimination of programs that
tailor instruction to the aptitude, achievement, and
interests of groups with special educational needs"
(Kulik, 73).
Robert E. Slavin, Johns Hopkins University,
concludes from his research that ability grouping
is not beneficial for high ability students. He does,
however, admit that the popular press has distorted
the research, making ability grouping appear
disastrous for the achievement of all students.
Slavin believes that schools must recognize
individual differences and allow all students to
reach their full potential. "They do this by using
flexible within-class grouping strategies .... In
some cases, acceleration may be justified for

extremely able students. But the great majority of
students can and should learn together" (Slavin,
69).
Feldhusen and Moon regard learning together,
cooperative learning, as an effective teaching
strategy for some basic skills. They also conclude
that grouping students of high ability with low or
average lower achievers retards their progress in
learning, but they agree that cooperative learning
among these youth is effective if it focuses on
high-level conceptual material and if it is
accelerated. Low-track students, on the other hand,
would not benefit from heterogeneous grouping or
cooperative learning, and their problems with
under-achievement and with behavior diminish the
achievement for middle- and high-track students.
Furthermore, they believe that using bright
students to teach others can be exploitive, resulting
in the neglect of the learning needs of talented
students (Feldhusen, 63).
Obviously opinions differ greatly. So how can
educators determine who is right? Susan Demirsky
Allan, Consultant for Gifted Education/Fine Arts
for the Dearborn, Michigan, Public Schools,
recognizes the need for making informed decisions
based on the findings about ability grouping.
"They [educators] must study the original research
and be sure that the questions they are asking are
the same ones posed by the researchers." She
discovered that one question not asked in the
Slavin research was whether programs designed to
provide differentiated education for gifted or
special education students are effective. Those
programs were omitted from Slavin’s syntheses.
Allan concludes, "It is ironic that some school
systems are using the Slavin best-evidence
synthesis to make decisions about gifted and
special education programs when such an
application clearly is inappropriate" (Allan, 61).
On the other hand, Kulik and Kulik did address
the effectiveness of gifted programs in their meta­
analyses. Their results show positive gains for
students in gifted programs, which they attribute to
the specialized curriculum and materials used and
to the teacher training (Ibid). Another close look at
28

�competence or needs but not acctxding to ability.
When students turn 15 they are tracked into
specialized schools (Follain, 11).
Perhaps educators in the United States could
modify the French system and make it work.
Children should be grouped according to
attainment or achievement rather than age.
Outcomes could be established at different levels
of schooling. If outcomes are not achieved, the
child remains at that level until be ha.s learned
what he needs to know. On the other hand, if he
masters his lessons early, he can move on to the
next level. This part of schooling would be similar
to the French system. The United States system
would involve taking a student through
approximately twelve years of fulfilling
designated outcomes at different levels. If this
approach could be used throughout the
educational system, the problem
ncountered
thus far with grouping could be avoided. Brighter
students could accelerate through the levels while
slower student could receive additional instruction
time to learn the necessary skills. Slow and
average students would receive the stimulus of
having students who are brighter in the same
classroom, but at the same time they can have the
reassurance of moving at a comfortable pace that
matches their ability and/or achievement. Perhaps
the adults who are at odds over the issues of
tracking and cooperative learning would be
satisfied with this kind of compromise. Certainly,
instruction would be improved for everybody.
This program would also provide equal
opportunities for all students to succeed at their
levels of ability.
The answers are not easy, and they are too
diflicult to determine over night. The problem of
grouping students will remain throughout this
decade and into the next century. Teaching
students and preparing them for an ever-changing
world is a highly complex task. Solutions must be
continuously evaluated. Education must meet the
needs of a society that is constantly changing but
that is reluctant to make drastic changes.
Fot the time being the compromise that has just

Slavin's review of regrouping in the elementary
school for reading and/or mathematics reveals that
five of seven studies in the best-evidence synthesis
found that students learned more in regrouped
than in heterogeneous classes. In one of the two
studies that had negative results, students in
regrouped classes failed to outperform those in
heterogeneous classes, but no attempt was made to
provide differentiated materials for the students
(Ibid),
If educators are not aware of such inadequacies
of educational design, they are apt to draw
erroneous conclusions. Educators must also be
aware of misrepresentations of the findings.
Popular media distorted Slavin’s findings. They
failed to take note of Slavin's important distinction
between types of grouping. They described his
research as having determined that grouping is
academically harmful. This is not the case (Ibid.
62).
Without question, educational decisions must
stand upon a firm research base and uptxi accurate
interpretation of the research. The original
research must be examined in place of accepting
selective and biased summations that often appear
in the media.
Some researchers have looked beyond the
studies that have been conducted in the United
States. They see benefits in examining grouping
jMactices in other countries. When they examined
the grouping policies in Germany, Japan, and
France, they discovered that these countries do not
track young children, but when the children turn
fifteen, they are channeled into specialized high
schools. At this point, students are tracked. One of
the systems deserves a closer look. France has a
different approach toward teaching elementary
children. While they do not strictly group or track
these students, they do use flexible pacing and
advancement. Young smdents are paced through
three learning cycles. Students who do not master
the skills at the end of a cycle are retained. Faster
students who complete objectives early begin
work on material in the next cycle but they remain
in the same class. Teachers can group according to

29

�been discussed would be worth trying. Regardless
of the solution, teachers would do well during this
period of educational change to adopt the
philosophy of Valorie Cramer, an English teacher
in Lee's Summit, Missouri. "We must learn to live

with the system in which we work and try to
develop methods for giving our students the best
of ourselves without labeling students"
(Cramer, 78).

Allan, Susan Demirsky. “Ability-Grouping Research Reviews: What Do They Say About Grouping and the Gifted*
Educational Leadership. 42. 2 (March 1991): 60-65.
Cramer, Valorie. "Low-Ability Classes in King Arthur’s Court: Once More Around the Tracking." English Journal.
81. 6 (October 1992); 77-78.
Feldhusen, John F. and Sidney M. Moon. "Grouping Gifted Students: Issues and Concerns." Gifted Child Quarterly.
36. 2 (Spring 1992): 63-67.

Follain, Mary. “Repeatedly Humiliate." The Times Educational Supplement. 3. (January 10,1992): 11.

Kulik, James and Chen-Lin O. Kulik. “Meta-analytic Findings on Grouping Programs." Gifted Child Quarterly. 36.
2 (Spring 1992): 73-77.

O'Neil, John. "On Tracking and Individual DilTerences: A Conversation with Jeannie Oakes." Educational
Leadership. SO. 2 (October 1 992): 1 8-21.
Slavin, Robert E. "Are Cooperative Learning and 'Untracking' Harmful to the Gifted? "‘Educational Leadership. 42.2
(March 1991): 68-71.

Van Tassel-Baska, Joyce. "Educational Decision Making on Accelerations and Grouping." Gifted Child Quarterly. 36.
2 (Spring 1992): 68-71.

30

�Feminine Frustration:
The Poetry of Christina Rossetti
By Bernice Strand
Course: Independent Study in Literature
Instructor: Dr. Helon Raines
Assignment: Choose several writings of one author or several authors and write an essay in
which you rpovide some broader context for your thesis than analysis or explication of the work.
Your primary audience will be undergraduate English and humanities majors who receive the
literary journal.

As a poet, Christina Rossetti is a craftswoman for
her ability to meld two seemingly opposite ends of
human nature into an integrated commentary on life.
According to the biography in The Norton Anthology
of English Literature, Rossetti's poetry combines
joyful delight in sensual pleasures with sterner, pious
strivings of the soul (Abrams 1502). Rather than
verifying this interpretation of the poet's work, a close
examination of several of her compositions shows a
subtext of frustration and sarcasm toward the popular
Victorian view of women.
The "good Christian woman" role to which
Rossetti resigned herself after her father's wealth

diminished (Abrams 1501), rather than being a moral
choice of free-will, may have been the action of a
practical young woman who recognized the social
limitations within which she would have to live.
Textual evidence supports the view that Rossetti was
not only a contemplator of temptation and self-denial,
but was also an independent, unconventicxial woman
living in an age when those qualities were
undesireable. Forced to wear the facade of a sober
gentlewoman, Christina Rossetti rebelled against
religious manacles and raged over the injustice of her
lot in life through her writings.
The first evidence of the separation Rossetti felt

31

�piece describes the artist's model as "A saint, an
angel," but then goes on to say that the artist­
nineteenth century man-paints the woman with "The
same one meaning .... Not as she is, but as she fills
his dream." The real person, she tells the reader, is
"hidden just behind those screens" (Rossetti 1505).
According to the men of Rossetti’s time, the
perfect woman was a beautiful, mindless, twodimensional image on an artist’s canvas. But Rossetti
presents the reader with a three dimeniional woman in
"In An Artist's Studio." She tells the reader that this
woman is alive, with eyes that are "wan with waiting"
and "with sorrow dim" (Rossetti 1505).
Rossetti's model is an analogy to herself. She, like
the model, was presented as a beautiful, dressed-up,
pure image that the world wished to see, not as the
hopeless and sad, but extraordinary woman she was.
A Victorian woman was not free to move in the
direction she wished according to Rossetti. To fit in
with the rest of the "models," she "sits or walks or
leans" just as all other women who were "posed" by
the men (Rossetti 1505).
The strongest argument against Abrams'
interpretation of Rossetti’s personality is supported by
the poem "Dead Before Death" (Rossetti 1504).
Beginning with the title, the reader instantly
understands that some aspect of the persona will die,
while the body continues to exist. After close
inspection, it becomes clear that what has died is the
spirit of the persona.
In "Dead Before Death," Rossetti describes the sad
realization that she has "Grown rigid in the sham of
lifelong lies" (Rossetti 1504). These are not the
words of a pious woman who has drawn peace and
fulfillment from dogmatic religion. The contention
that she was satisfied with her lot in life is shattered
by the first line when she says that she was "changed
and very cold/Wilh stiffened smiling lips and cold
calm eyes," and again when she says she had "hoped
for belter things as years would rise" (Rossetti 1504).
This poem is depressing, and the persona is angry.
Rossetti describes her dismay that life is nearly over
and her realization that she has not accomplished
anything truly important. She laments that for all her
intelligence, she is "little wise" (Rossetti 1504),

from her inner nature is taken from the first "Song" in
The Norton Anthology of English Literature (Rossetti
1502). The persona describes "she" in the first stanza
as someone who sings in the sun and delights in
watching fish frotick. "1" in the second stanza is
crying and depressed, and watches the flowers die.
The third stanza brings the two identities together by
contrasting the sad memories of the narraux and the
hopes of "she," and by comparing the narrator's tears
and the other woman's songs as both being in vain.
In stanza one, the poem exudes energy and joy,
while in stanza two the mood is depressive and hints
of early death, "the blossoms of the May weep leaves,
. .
(Rossetti 1502). This metaphor likens the
persona to a flower that is withering before its time.
Contrasts between light and dark represent
enlightenment and ignorance. The first woman in the
poem is free to experience what delights her under
"the glad sunbeam" of enlightenment, while the
woman living amid ignorance exists "beneath the
moon's most shadowy beam" (Rossetti 1502).
The most powerful evidence of the connection
between the persona aird the other woman in "Songs"
is in the last stanza. The persona "wept for memory"
of the other woman's "hope that is so fair," but in the
end realized that no one would recognize her
unhappiness over having to suppress the joyful person
she once was, just as no one would recognize her
right to be that care-free unrestrained spirit: "My
tears were swallowed by the sea; Her songs died on
the air" (Rossetti 1503). The image brought to mind
by Rossetti's choice of the word "sea" is the sea of
humanity. One is compelled to recognize the
significance of this word, since it is not homogeneous
with the earlier stanza that describes the persona as
sitting next to a stream rather than the ocean.
Ultimately, the futility of the persona’s desire to be
reconciled with the other woman in the poem is
expressed in the last line of "Songs" when Rossetti
sues the word "air" to imply that society viewed the
Victorian woman's desire for independence or
fulfillment as without substance.
The image of Rossetti as a different person than
the one she presented to the world is verified by the
poem "In An Artist's Studio." The persona in this

32

�others in "Sleeping at Last." With death, "the trouble
and tumuli (will be| over. . . and the struggle and
horror piust ... out of sight of friend and of lover."
No longer would she suffer from "a tired heart
downcast or overcast" (Rosselli 1523).
The editors of The Norton Anthology of English
Literature purport that Christina Rosselli was a m&lt;xkl
of Victorian womanly values, but one could more
accurately describe her as a woman who, while not
openly arguing for the rights of women, certainly
endured the inequitable irealmenl of women in the
eighteen hundreds, and expressed her frustration
through her poetry. The significant differences
between the person she was inside and the person she
showed to the world are the qualities that give her
poetry the whiplash effect heretofore accredited to
her dichotomous nature. Upon close examination,
evidence abounds that Christina Rossetti was a
woman whose zest for free expression was barely
kept in respectable check in the face of a stKiety that
discouraged free-thinking, independent women. The
strain of a lifetime of self-denial tried her patience,
and the poetry of Rossetti is evidence of the
tormented mind that results form renouncing one's
own values and spirit.

because history has determined that those who
conform will not produce change. One can feel her
anguish over wasting her life by trying to change into
something she was not. The last five lines best
express her despondency:
All lost the present and the future lime.
All lost, all lost, the lapse that went before:
So lost till death shul-lo the opened door,
So lost from chime to everlasting chime,
So cold and lost for ever evermore.
(Rossetti 1504)
Rossetti valued spontaneity. She bewailed that
loss when she admitted that her outer presence was a
frozen expression and her feelings were numbed after
years of ftxcing herself to be something she was not.
Dejected, she admitted that she had "Grown hard and
stubborn in the ancient mould" (Rosselli 1504).
Although the selections used to illustrate the
position of this essay were written in 1862, Rossetti’s
frustration was a common subtext in poems written
throughout her life. In "From Later Life" written in
1881, she penned, "I am sick of where I am and
where I am not, I am sick of foresight and of memory,
I am sick of all I have and all I see, 1 am sick of self
(Rosselli 1522). Again in 1893, she wrote about her
desire to escape the world and the need to please

Work Cited
Abrams, M. H. el al. TAe Norton Anthology of English Ijterature. 5lh ed. New York: Norton, 1986. All poems died are from Ltiis
edition.

33

�Crazy Horse
The Legend That Will Not Die
By David Carrick
Course: Native American Literature
Instructor: Jacqueline Valdez
Assignment; This poem grew out of the assignment to write a research paper on a
topic of interest to the student discovered in that student's study of Native American
literature.
(The author wishes to express his sincere thanks to Mr. Joseph Marshall, Sicangu
Lakota and coauthor of Soldiers Falling into Camp, for his time and encouragement, and
to Mrs. Margaret Moris for her editorial assistance.)

34

�Conestoga wagons rolled westwardly across
desolate prairies in pursuit of the setting sun.
The dawning of a new era was unfolding rapidlythe exodus from the east converging on the
*Lakola Nation.
Cavalrymen continued to arrive a Fort Laramie,
sabers rattling ominously with the horses'
rhythmic gait.
Eagle wing fans swished angrily from where the
old chiefs gathered, pondering their people's
fate.

The wagon trains resembled giant snakes
slithering across the precious Lakota land.
Leaving death and destruction in their dusty
wakes, as only the uncaring and ignorant can.
Buffalo, bloated beneath the glare of the sun and
circling hawks, shot ;md left to rot where they
lay.
Diseases like cholera and smallpox brought
deplorable misery to the Indian way.

The arrogant Lieutenant Grattan came for the
Miniconju man. Straight Foretop, one hapless
day.
He'd killed a Mormon's cow that could barely
stand. The apologetic Indians offered to repay.
Angrily the inexperienced Grattan gave the order
to commence firing, and the friendly chief.
Conquering Bear, went down.
In moments, over thirty soldiers lay dead and
dying, their blood soaked in the ground.

Memories of good relations were but a glimmer;
white and Indian alike wondered if the peace
would last
Tempers of the young warriors were hot as heat
shimmers threading their way between wooden
spokes as the wagons passed.
A handsome young Lakota named Curly, turned
warily at the evening bugles’ poignant blast.
As a feeling of dread swept over him suddenly,
within the crooked shadows the half-eaten
moon h(id cast.

The Indians left quickly for the *Running Waler
River, their hearts full of grief, as Curly
became more withdrawn.
Sorrowfully he watched as the spirit of the beloved
Bear Chief look wing with the first rays of
dawn.
Seeking a vision in the siorm-shrouded hills. Curly
stared steadily through the relentless rain
For three agonizing days, enduring chills, his
♦Vision Quest in vain.

Curly was noticeably different even as a youth,
quiet and shy, often alone - aloof.
With light brown hair and fair skin he appeared
nearly white.
Immigrants along the ♦Holy Road occasionally
stared at him, thinking the young Indian an
unusual sight.
Curly was the son of Crazy Horse, an *Oglala
Holyman. his mother, the sister of Spotted Tail
of the Sicangu band.

No longer able to stay awake, Curly experienced a
sensational dream.
That of a mounted warrior, rising from a misty
lake, riding ghost-like, powerful, yet serene.
He wore a faded buckskin shirt, and leggings with
flowing lace. An eagle feather fluuered in his
long brown hair.
Lightning bolls streaked brightly across his
chiseled face. Hailstones and thunder power
were brought to bear.

Occasionally some whiles asked Curly if he was a
captive, to which he angrily answered, "No!"
He was Lakota, with no white relative. Proudly, he
let them know.
Moving silenUy in the morning light through the
cottonwoods near the tranquil ♦Shell,
Curly watched suspiciously the onslaught of
whites, their wagons struggling awkwardly up
a hill.

This mystic warrior was a gallant leader who
never fell as bullets and arrows harmlessly
passed him by.

35

�Crazy Horse and a few warriors acted as decoys
white the rest of the braves waited beneath a
ridge.
The Indians' once warm-hearted soldier friend led
the excited cavalry columns.
And although Red Cloud attempted to warn him, a
Cheyenne killed the congenial Captain Collins.

No enemy could slay him, though many of them
he would kill. Only his own people could cause
him to die.
l ied in his hair was a sacred stone and a redbacked hawk, which glared menacingly as he
sprinkled gopher dust on himself and his horse,
Now invisible to his enemies, which he killed with
no remorse.

At the Little Powder Council Crazy Horse was
made a Shirt-wearer at the ceremonial fire.
ITiis award represented one of the greatest honors
to which a warrior could aspire.
He received special praise for his concern for
everyone; he gave freely to all in need.
Now, Man Afraid, American Horse, Sword and
The Strange One must unselfishly accept the
lead.

Confident with his vision, its knowledge and
spiritual source. Curly became one of the
greatest fighters ever known.
His father gave him his own name. Crazy Horse,
taking the name. Worm, as his own.
Now Curly was Tasunke Witko, the charging
mystic horse, the man with the sacred stone,
this strange one.
But to his enemies he became the powerful Crazy
Horse that could be killed by no man's bow or
gun.

One day near Fort Phil Kearny in a biting cold first
light, a detachment of wood cutters ventured
out.
They'd been warned to remain in sight for fear
hosliles might be moving about.
Crazy Horse and a few decoys attacked from a
wooded glen, as the startled detail fired an
urgent alarm.
Soldiers from the fort charged swiftly after them.
Surely, they thought, it would do no harm.

Crazy Horse fought with a vengeance all his own.
Against those who encroached on sacred Lakota
land, from the Shell to the *Shining Mountains,
the *Paha Sapa to the Yellowstone, he made
his determined stand.
Still, the soldiers came with their worthless
treaties, outstretched hands and vicious lies.
Indian people were subjected to terrible atrocities;
soldiers' hearts hardened to children's cries.

Fellerman and his troops rode over Lodge Trail
Ridge and quickly dropped out of sight
As Oglalas, Cheyennes and Miniconjus attacked
mercilessly, defeating the soldiers in a terrific
fight,
Fetlerman had boasted that with eighty men he
could advance undaunted through the entire
Sioux Nation.
By nightfall he'd fell the thrust of a Lakota lance
as he and eighty men died in terrified
desperation.

At the Blue Water, Crazy Horse could not believe
his eyes - the terrible carnage where Little
Thunder's camp used to be.
Sicangu families hacked to death stared vacantly
at ashen skies as Tasunke Witko slumped
weakly to his knees.
Unborn babies lay in the dirt, savagely cut from
mothers' bellies, beaded dresses harshly yanked
over terrorized faces.
These beautiful Lakota people now lay
grotesquely, many scalped in unspeakable
places.

Crazy Horse lost many friends and relatives in the
violent battles which ensued Conquering Bear, Yellow Woman, Lone Bear,
Little Hawk and Hump, casualties of this biller
feud.

Ihe Cheyenne and Lakota fought the blue-coated
soldier boys near the Shell north of the *wagon
bridge.

36

�falling into camp, upside down and dead.
Lakota *Sun Dance drums echoed far into the
starry night to where Crazy Horse stood alone,
bathed by winds of destiny.
The Sacred Hoop was broken as the Lakota
prepared to fighL
Smoke from the red willow bark spiraled upwards
towards eternity,
Lifting prayers to *Wakan Tanka in the silvery
light

Tasunke Wilko had never known such grief, so
many people gone lhal he once cherished.
Becoming more desperate this humble chief
mounted all his loved ones that had perished.

He Dog brought Black Shawl to the Strange One,
where he lived apart.
His friends hoped he'd take her for bis wife.
Tasunke Witko said she was welcome, but within
his heart there was no longer life.
Crazy Horse became the father of a delicate
*daughter whom he grew to love and adore,
But she also died from a white man's sickness and
Crazy Horse grieved, forevermore.

From *Ash Creek near the Greasy Grass, or Little
Big Hom, seven hundred and fifty determined
fighters rode
Attacking ♦I’hrcc Stars and his troops, weary and
forlorn in their hot uniforms, garnished with
braids of gold.
A hail storm of lead bombarded the painted
warriors from the carbines' deafening roar
As the Indians charged, and charged some more,
with Crazy Horse guiding the courageous war.

Crazy Horse embraced the tiny bundle now
lifeless and cold, a beaded deerskin doll
clutched tenderly in his hand.
Thunderbirds spoke loudly as murky clouds
engulfed the scaffold.
Lightning flashed a pale glow upon the majestic
Lakota land.
The Strange One rode silently away, a fiery hatred
scorching his soul that bis people had never
seen before.
Miners now died more frequently in their
hysterical goal of plundering the sacred Paha
Sapa for its elusive yellow ore.

Black Moon, Bad Heart Bull and Little Wound
fought bravely at the Strange One's side.
As mortified soldiers plunged awkwardly to the
ground, grassy slopes caressing them gently as
they died.
Three Stars and his survivors fell back towards
Goose Creek with triumphant braves stalking
them like frightened antelope.
lliere was no safe haven for the soldiers to seek
the base camp near the Goose, their only hope.

At Chalk Buttes a multitude of angry warriors
arrived at the huge encampment of the
powerful Sitting Bull.
Here Crazy Horse was chosen War Chief for life;
all the warfare be now would rule.
Famous chiefs attended - Gall, Black Elk, Lame
Deer, Lone Bear, He Dog and Crow King, of
the Hunkpapas.
Spotted Eagle, Touch the Clouds, Two Moons,
Fast Bull, Old Bear, Black Moon and Big
Road, of the Oglalas.

Shortly after the battle of the Rosebud lagged.
Sitting Bull's splendid vision came true.
For off in the distance, beneath a forked-tailed flag
galloped Major Reno's dusty troops of blue.
Crazy Horse, Big Road and Gall proceeded
quickly leading the Cheyennes and Lakotas
relentlessly into the fray.
At the river some old waniors and young boys
fought gallantly, bolding many apprehensive
soldiers at bay.

It was the twilight if the Sioux, in the valley of the
Rosebud at the Deer Medicine Rocks, in the
♦Moon When Ponies Shed
That Sitting Bull, within the circle of dancers,
sacrificed his blood for a vision of soldiers

White Feather Tail, Bear and Good Weasel fired
anows into the eerie light as Gall and bis fierce
fighters swept along the upper slope.
37

�The soldiers' rifle fire seemed harmless against
warriors so eager to fight.
The barrage of arrows presented troops an elusive
hope. Bluecoats tumbled, broke and bloody,
from sweat-stained saddles.
Wounded horses screamed from pain and fright.
Never had the Long-Knives seen Indians fight
such battles, and never had they witnessed a
more dreadful sight.

slopes high above the Greasy Grass.
For over one hundred years they've retold the story
- perhaps for another hundred it will last Of the great Lakota and Cheyenne victories with
all their glory, the romantic characters that
destiny cast.
The indomitable spirit of Crazy Horse intrigues us
all, as the Strange One rides mysteriously from
out of the past.

Swiftly, Crazy Horse and his men rode
downstream to intercept the Seventh Cavalry,
led by the infamous Custer.
Soldiers balked as courageous Indians charged
with a scream.
Horses bolted beneath men summoning what
courage they could muster.
Custer and his terrified troops retreated to the crest
of a hill, bracing quickly for certain defeat
Braves crept silently through the tall grass, closing
for the kill as Crazy Horse and Gall cut off any
chance of retreat.

* Lakota, one of the three divisions of Sioux,
meaning ’’Allies." The other two are the Nakota
and Dakota.
* Holy Road, Indian name for the Oregon Trail.
* Oglala and the Sicangu were two of the seven
tribes of the Lakota. The other five were the
Hunkpapa, the Itazipacola, the Miniconju, the
Sihasapa, and the Oohenunpa.
* Shell River, North Platte River.
* Running Water River, Niobrara River.
* Vision Quest consisted of prayer and fasting for
a period of days.
* Shining Mountains, Big Hom Mountains of
Wyoming.
* Paha Sapa, the Black Hills of South Dakota.
* Wagon Bridge, Fort Caspar.
* Daughter of Crazy Horse, called "They were
Afraid of Her."
* Moon when Ponies Shed, May.
* Sun Dance (Wiwanyang Wacipi), yearly dance
of renewal.
* Wakan Tanka, God or the Great Mystery.
* Ash Creek, now known as Reno Creek.
* Three Stars, name Indians gave General Crook.

These murderous soldiers, with their deadly
wagon guns, who bad wrought havoc and
miseiy across Indian land.
Now gathered hopelessly like a covey of
frightened qu^l, high above the Greasy Grass,
in a desperate stand.
Soon horses and soldiers lay scattered across their
ragged trail.
Mute guns still smoking, held in each lifeless
hand, as wave after wave of victorious warriors
counted coup on each unfortunate, fallen man.

Crazy Horse and Custer rode resolutely into the
annals of history that fateful day on the sunny

Bibliography
Kammen, Robert, Lefthand, Frederick and Marsha]], Joseph. Soldiers Falling Into Camp, Encampment, Wy.: Affiliated Writers of
America,lDC., 1992.
Moeller, Bill and Jan. Cra^ Horse: His Life and His Lands, Wilsonville, Oegon: Beautiful America PuUishing Co., 1987.
Neihardt, John G., Black Bk Speaks, University of Nebraska Press.Lincoln and London. 1932.
Sandoz, Mail, Crazy Horse: The Strange Man of the Oglalas, University of Nebraska Press. Lincoln and London, 1942.

38

�For Where Your Treasure Is
By Carol Castlen
Course: Ethics in Practice
Instructor: Dr. Robert Carlson
Assignment: After reading a narration concerning Oliverotto of Fenuo, the student was to
write an essay to convince Oliverotto that justice is the habit of giving someone his due (right);
that Oliverotto ought to practice justice willingly; and that justice will lead to happiness. The
student was to use several specified terms from the course.

Since the advent of human thought, mankind
has sought explanation for the motivations
underlying human behavior. As each generation is
bom, lives, and then dies, the perpetual struggle
for understanding becomes its burden and its
challenge. In this present age, there is a great
fragmentation of thought on this subject.
Psychology, biology, sociology, anthropology,
archaeology, and even astrology all propose their
distinct theories and explanations for human
actions, desires, and well-being. While each may
have its valid points, together they have become
an exalted mountain of relativity on which people
climb in search of happiness. Independent and
oblivious to the climbers and their endless litany

of argumentation and debate, a string of truth lies
at the base of the mountain. Socrates found it, as
have others who have endeavored to dig beneath
the surface.
Many scholars today are among the climbers
who yell at regular intervals, "Nothing is absolute!
There is no justice! Truth changes from age to age
and person to person!" These are mere echoes of
a voice that bellowed at Socrates in Plato's
Republic "...I say the just is to do what is for the
advantage of the stronger!" Might makes right.
He who has the gold makes the rules.
Thrasymachus' spirit is alive and well, not to
mention pervasive, in the twentieth century. The
doctrine of moral relativity and the fear or blind

39

�Temperance, Prudence, Courage and Justice
become mere annoying trifles on the way to the
top. All these virtues are necessary in the
balanced human soul. The temperate person
controls his desire for gratification, rather than the
desire controlling him. The prudent person
humbles herself before the wise and applies
wisdom to her life. The courageous person moves
forth in the face of fear. The just person has the
habit of giving each with whom he deals what is
rightfully due. The cardinal virtues are the moral
habits which ought to guide one's choices.
One who abandoned virtue and listened to
Thrasymachus as he climbed was a man named
Oliverotlo. An orphan who was raised by his
uncle Giovanni Fogliani, he eventually became a
skilled warrior. Then he heard the deceiving calls
of power and pride and decided that he did not
need to be anyone’s subject Pride will not allow
the humility of prudence, nor the self-control of
temperance, while it distorts the essence of
courage and tries to bury justice. Thus controlled
by pride, Oliverotlo devised a scheme to deceive
his uncle and the city of Fermo's leaders, and then
maliciously murder them. He went on to rule over
Fermo by sheer terror. He became the king of the
relativistic mountain, and as in the children's
game, he was himself toppled a year later when he
was murdered.
Oliverotlo, like many people today, failed to
grasp the true definition of justice. Justice is not
created by any individual. It exists in the
interaction between two parties, be they
individuals or groups. Each party has a debt,
which they owe to the other, and a right, which
they are owed by the other. Justice is achieved
when there is balance and equality in the
interaction. Simply because one party does not
give the other what is due to her does not mean
that justice does not exist The potential for justice
is in every human interaction. The impartial
balance can be achieved, though it is often missed.
Justice is absolute; it exists whether or not one is
aware of it. It cannot be altered by time, location,
opinion, or the vote. Oliverotlo could not disguise

worship of those in power is not new. Il takes
effort to extricate the strand of truth amid the
continuous and insistent presentation of the
relativistic position.
For those not easily distracted by the noisy
mountain, the art of philosophy can lead to clear
and logical answers to perplexing questions:
What is justice? What is the nature of humans?
What will lead to true happiness? By following
the gentle beckoning finger of Socrates, and
continuing on to the calmly certain writings of
Mortimer Adler, one can begin to sift through the
rubble to grasp a simple yet awesomely powerful
truth.
Despite various theories, the human is iiMleed a
distinct creature with a unique nature. This nature
differs in kind from any other living thing on
Earth. Within human nature is mind or soul, and
within the soul are the three powers of reason,
desire, and emotion. The power of reason can be
further divided into the powers of intellect and
will, which comprise the greatest difference
between the human and other animals. Horses and
ostriches and dolphins are not capable of reading
the words on this page, much less comprehending
them. Furthermore, humans can use this power of
intellect to make individual choices, which is the
power of will. Animals are guided by instinct and
the desire to survive, which they are not conscious
of having.
One of the results of having this human nature
is the desire to attain an end known as happiness.
The desire to be happy is natural for the sane
human mind; no one goes about in a constant
effort to make one's self miserable. The problem
arises in the means which are used to attain
happiness, as well as not knowing what happiness
actually is. The climbers scale ever higher,
seeking the "end" of happiness in the "means" of
fame, wealth, power, prestige or any of an infinite
number of desirable objects or qualities.
To acquire these supposed peaks of happiness,
many assume the altitude of "anything goes’"
Choices are made which often defy virtuous
human behavior. The four cardinal virtues of
40

�proper amount, and the apparent goods in so fer as
they do not impede the acquisition of the real
goods.
The keys to happiness lie within the power of
the human soul. With knowledge and awareness
and the power to choose, one can pursue happiness
where it exists. Socrates found the strand in the
rubble and called it Justice. In the Republic he
artfully wove a comparison between his
hypothetical state and the human soul. The
workers, guardians, and rulers of the State are
analogous to the emotion, desire, and reason of the
human soul. "This then, 1 said, my friend, if taken
in a certain sense appears to be justice, this
principle of doing one's own business." Each part
of the whole performs its right function. Justice is
the strand which runs through the pearls, which
are the real goods. To hold this string is to grasp
ha[^iness.
Instead of the ever-changing legalistic laws that
humankind creates and then changes, the objective
and natural rights all human possess are absolute.
The right to pursue happiness where it truly exists
is a natural right It is also a duty which requires
conscious decision and action. To do so is to risk
going against the formidable power of the moral
relativists' position, but without this string of
pearls, the real goods of human life, individuals
and societies will fall into a state of disharmony
and anarchy.
The mountain of relativity, screaming loudly
from televisions, books, and multiple incarnations
of Thrasymachus will probably not disappear any
time soon. But some, as they watch incredulously
while thousands scramble about on it, know where
happiness really lies. Some dig beside Socrates in
the search for it, some reach through the dirt and
smile as they touch it, and some never let go.

bis greed, pride, and savagery by calling them
justice.
If power, wealth, and prestige are not the
ultimate "end" which is happiness, then what is?
Why be virtuous? Why cultivate the habit of
treating people justly? To answer these questions
is to come down off Mount Relativity and again
dig for the truth. It is also to admit to possessing
the power of free will and choice. The human
alone is subject to the concept of "ought" and
"ought not." Mortimer Adler in his book Six
Great Ideas, asserts that, "Man ought to desire that
which is really good." Those things which are
really good are the goods which a person desires
in accordance with his nature. Real goods include
needs, such as food, air, and shelter; they also
include those qualities such as knowledge, love,
and the cardinal virtues which enable one to live
well and come closer to reaching the end goal of
happiness.
Distinct from real goods, but desirable nonethe-less, are the apparent goods. These are seen as
good because they are desired. Real goods are
desired because they are good. Real goods are
universal and apply to all humans everywhere;
apparent goods are particular and based upon
individual choices and preferences. Mr. Adler’s
observation that one ought to desire that which is
really good is self-evident in that it is not logical to
need that which is bad, nor to desire that which is
not desirable. The quest for apparent goods may
impede the possession of real goods; thus only
with the real goods of wisdom and self-control
ought one decide on which apparent goods to
pursue.
At this point, the definition of happiness
becomes clear. It is the ultimate and final end
which cannot be used as a means to anything else.
It is the possession of all the real goods, in their

41

�c

Risk Factors that Influence
Success in School
By Cameo Olsen
Course: Foundations of Learning
Instructor: Dr. Ruth Doyle
Assignment: This class project is applied research based on one of the seven designs taught
in educational psychology. This applied research is causal comparative, an ex post facto design,
assessing students' academic success or lack of it due to "at risk" factors.

ABSTRACT
The researcher has taken fifty students from the Middle School who received the highest number of student referrals
for behavior and discipline. Tbe research showed a comparison between risk factors that could {dace a student al risk
for school failure. The results show that tins particular group of students had a high percentage of common risk factors
and that tbe students living in single or non-traditional families were al greater risks. While this in itself is not
significant and will not cause difficulties in school, when comldned with other risk factors, it is cause for concern.

42

�I. Introduction

Operational Definitions

The research evaluates fifty middle school
students and compares a variety of risks factors
that can influence success in the school
environment.

Student Referrals - The number of times a
student has been removed from the classroom and
sent to lime out for any type of disciplinary
measure.

Household Status - Refers to the organization of
the family regarding parental supervision.
A) Traditional (T) - Both natural parents
present in home.
B) Non-Traditional (NT) - One natural
parent and a step-parent or significant
other.
C) Single (S) - One parent present in
home.

Problem Statment
The study of the research was to evaluate fifty
students to determine if home environment and
other risk factors show any significant relationship
to success in school.

Rationale
Research has shown that certain environmental
factors can place a student at risk of school failure.
Il is true that one risk factor by itself will not place
a student at risk; however, if a combination of risk
factors are seen relating to a student, it should be
cause for concern. The National Center of
Education Statistics (1) has found that living in a
single parent home and poverty are two factors
that can place a student al risk of school failure.

Chemical Abuse - Dependant or addictive use of
any alcohol, illegal drugs or prescriptive drugs.
Addicted - Physiological dependency on a
harmful habit-forming substance.

School Nutrition Program - The National
School Lunch Program, School Breakfast
Program, special Milk Program, and Commodity
School Program.

Null Hypothesis

1. Categorical Eligibility - A child from a
household currently certified to receive food
stamps or from an Aid to Families with
Dependent Children (AFDC) assistance unit is
categorically eligible for free benefits.
2. Income Eligibility -- A child from a
household that submits a complete application
and the sum of the reported income for the
household is at or below the income eligibility
(lEGs) is eligible for either free or reduced
price benefits.

There is nothing of significance that would
relate students’ home environment and other risk
factors to lack of success in school.

Limitations
1. Selection bias - No random selection. The
selection of the students was based on the
number of referrals to lime out or in-school
suspension. Students with the highest number
of refenals were selected.
2. Researcher not able to obtain accurate factual
information in each category.
3. Instrumentation
4. Unknown changes in the student's home
environment
5. Unknown knowledge of other outside
influences,i.e. medication, problems with the
law.
6. Access to desired information.

Grade Point Average (GPA) - Combined
average grades for all classes.
Student Identification Number (ID#) Confidentiality requires that each student be given
an identification number.

Alternate Child Care - Temporary or permanent
removal of a student from the family home with
placement by DPASS, a law enforcement agency.
43

�lhe courts or other appropriate agency.
Appropriate facilities to include

single parent families. Forty percent from single
parent families and twenty eight percent from nontraditional families. Thirty percent of the students
were raised in traditional families with both of the
natural parents present
Of the students studied forty two percent lived
with some form of substance abuse. Twenty two
percent came from single parent families and
sixteen percent came from non-traditional families.
Only four lived in a traditional family environment.
Fifty two percent of the study group participated
in the School Nutrition Program,receiving either
free or reduced breakfast or lunches. Again the
greater percentages came from lhe single and nontraditional families. Twenty six percent from single
parent and sixteen percent frcmi non-traditional. The
lower percentage again was in the traditional family
with only ten of the students participating in School
Nutriticwi Program.
The study included seven students or fourteen
percent in alternative care. Of these seven students,
six were participating in lhe School Nutrition
Program and three students came from a home with
some form of substance abuse.
The number of limes a student had moved and
lhe number of absences did not affect lhe outcome
of the research for the majority of lhe students. The
overall absences ranged from zero days to fifty four
and half days per year and is not specific to one
type of household structure.
The students who moved or dropped during or at
the end of the school year have been significantly
affected by this and other moves. Although moving
is not by itself a risk factor, seven of the eight
students had moved a significant number of times
during the student's school years. Of the eight
students or sixteen percent, only one student had
remained in one school during their education. The
remaining had moved five or more times between
kindergarten and middle school. During the number
of moves lhe schools were unable to obtain accurate
records of the transfers and a number of the
elementary school records have been lost. Student
#30 had moved three times during middle school
and her elementary records were unavailable.

1. Foster Care - placement of a child in a home
other than his own.

2. Group Home Placement - placement of a child
in the county agency known as the group home.
Hacement to be from thirty days to one year.
3. Crisis Center - placement of a child in a
county agency for up to thirty days.

IL Method
Subjects were selected through the use of
discipline records kept by the Middle School. Fifty
students with the highest number of student
referrals were selected as subjects for the research.
Research instrumentation included a chart which
was completed as applicable information was
gathered. The initial chart included student names
to allow for appropriate placement of data. For the
purpose of confidentiality, as each section was
completed it was covered or sealed as to not
prejudice the next participating agency. At the end
of the research lhe names of the students were
removed, leaving only the identification numbers.
Data regarding grade point average, the number
of absences, household slatus,retention, and lhe
number of times a student had moved were
ccanpiled from each individual student cumulative
file. Data for lhe School Nutrition Program was
gathered from appropriate files at the Middle
School office. Information regarding alternate child
care and substance abuse was determined through
an interview with the Middle School guidance
counsellor. Information was requested from
DPASS but was denied due to confidentiality.

III. Results
Research results indicate that sixty eight percent
of the students studied came from non-traditional or
44

�household status, with non-traditional and single
family being a risk factor. Substance abuse,
alternative care, having attended five or more
schools, fifteen or more absences. School Nutrition
Program (relating to low income), lack of interest cw
support for the student and their school
environment as noted with parent/teacher
conferences, and retention in second grade or
above.
Data indicates that the number of risk factors
was higher in single parent and non-traditional
families. Students in traditional families had no
more than three risk factors while students with
four or more risk factors lived in single parent or
non-traditional families. The most common risk
factor to all of the students regardless of household
status was lack of parental participation in the
student's interest at school. The number of student
referrals and the low GPA for all the students would
indicate some academic and behavioral difficulties
that needed to be addressed. After evaluating the
research for the causal comparative research
design,ii is necessary to reject the null hypothesis.

Students #11, #20, #23, and #13 had each moved
enough times that the school district was unable to
obtain all records from the elementary school years.
The number of absences for these students range
frcMn six to fifty four and a half days per year. Note
also that for this particular group of students six of
the eight students lived within a home with known
substance abuse and none of the parents attended
either fall or spring parent teacher conferences.
Although GPA could not be attributed to a
specific household structure, it is clear that parental
support and involvement or lack of involvement has
an affect on the student's perfonnance and behavior
in school.
Only twelve percent of the parents of students in
the study came to parent/teacher conferences of
their own volition. Fifty four did not come at all and
thirty four came only after the teaching teams had
sent a letter home specifically requesting them to
attend the conference and gave an appointed time.
Even with the request two sets of parents did not
attend conferences.
The average GPA for the students in the study
was 1,09.

IV. Conclusions Summary and
Recommendations

GPA scores range frwn
.0 to 1.0 - 12%
1.1 to 2.0 -46%
2.1 to 3.0 - 36%
3.1 to 4.0 - 6%

The research indicates that environmental
factors at home can have an influence on a student's
success at school. While one risk factor is not cause
for concern,a ctxnbination of risk factors should be
considered. Both environment and parent
involvement are important factors for success in
school. Income (referring to SNP) are also
important indicators that can flag a student for
intervention by school officials.

Even in the six percent whose GPA was 3.1 or
above, no student has received higher than 3.13.
According to the National Center For Education
Statistics, The Condition of Education 1991,
poverty is one factor considered to place a student
at risk of academic failure. (2). Single parent
families are also considered to place a student at
risk of school failure. (3) It is true that one risk
factor will not place a student at risk for school
failure, but a combination of risk factors is cause for
concern.
Across the board,students whose home
environment was single parents cm* non-traditional
had more risk factors then those students living in a
traditional home. Risks factors considered were

Recommendations - For further study of this
group, the researcher would attempt to obtain
information retlecting the parental advancement in
school; high school diploma, GED trade school or
college education. Medication taken by a particular
student, outside counselling, individual alcohol and
drug use were not considered in this study and
would add still another facet to the outcome of the
research.

45

�(1) U.S. Depan ment. &lt;rf Education National Center for Education Statistics, The Condition of Eduction 1991. Volume 1.
(2) U.S. Department of Education National Center for Education Statistics. The Condition of Education 1991, Volutite 1.
(3) U.S. Department of Education, National Center for Education Statistics, X Pro^/e of/Ae American

46

Grader, 1990.

�Fathers Who Tend Their Children
From the 5O's to the 9O's
By Sarah L, Peak
Course: Child Development
Instructor: June Winkel
Assignment: Each student is asked to select a topic related to child development and develop
a term paper based on library research. Findings are submitted to the instructor and also
presented orally to classmates.

In Dr. Spock’s Pocketbook of Childcare,
published in 1951, the message conveyed to
readers was that fathers needed to try to become
"the warm father,” but still a type of father who
was much less actively involved in child-rearing
than today's "new father," the new breed of father,
who today is becoming a culture in himself.
Spock addressed mainly mothers on all aspects
of parenting all ages of children. He told men of
the fifties that the care of babies and children was
not entirely the mother's responsibility. Dads
could still be "real men" and "warm fathers" at the
same time; that a father's closeness-friendliness

was vital to bis children's psychological well-being
in infancy, childhood, and throughout the rest of
the child's life. Spock's advice to fathers seems to
be very limited as to the quantity of time a man
needs to spend with his children. He does,
however, seem to believe that the quality of care,
using a friendly and accepting manner, instead of
criticism, is the best ap^M^oach to childcare-giving
by fathers. I get the feeling that in the 195O's.
Spock saw children as more of a hardship to be
endured by fathers than a joy or an asset He did,
however, hint at the possibility of children having
some good points.
47

�Fathers should try to join in childcare right
from the start, to learn with mothers and not to
leave it all up the mothers in the first two years,
because then the father would be reluctant to help
later in life when he was really needed in all
aspects of child-rearing. The mother might
become the "expert" and the "boss” of the children.
All in the same breath, Spock cautioned mothers
not to force Dad, if he got "goose flesh" when
faced with infant care, that he was Just "bashful"
and just needed "encouragement" (Spock 15). I
got the impression that Spock saw the Fifties
father as an "occasional" caregiver, helping with
childcare only once in a while.
Dr. Spock spoke to fathers about caring for
their boys, and for their girls, in very different
ways. He did not give generalized advice as to the
rearing of children. The segregation, by gender,
was evident. He spoke of a man's relationship
with his son in one page entitled "A Boy Needs a
Friendly, Accepting Father." I think his viewpoint
still reflected the "limited" time a father should
spend with his son. Also, mostly masculine
activities (i.e. sports) were the focus. According to
Spock, a boy needs to be "near his father, do
things with him (if possible), and be enjoyed by
him." Spock offered that when a man comes home
from work and wants to read the paper, he should
try to understand the "valuable companionship" of
his children, and make a "reasonable" effort
(meaning, "Don't force yourself beyond the point
of your endurance") to be with the children. He
cautioned fathers that it was better to spend fifteen
minutes of enjoyable time with the kids than to
spend all day at the zoo, "crossly." He cautioned
fathers not to be too anxious in regard to a son’s
athletic abilities, not to criticize him, because he
would feel "uncomfortable" inside. He advised
men to give his son a "chip off the old block
feeling." Spock's advice to men regarding their
daughters was even more brief. The paragraph
was entitled, "A Girl Needs a Friendly Father,
Too." Men were told to give their girls approval,
at all ages, because they would gain confidence as
females from feeling his approval. He spoke of

girls a.s enjoying a masculine figure; that a man’s
relationship with his daughter would help ready
her for a world "half made up of men," strongly
influencing her friendships, loves, and later
married life (Spock 243-244).
In her book. Babies Need Fathers, Too,
published in 1954, Rhoda Kellogg had some
interesting thoughts on shifting the "parenting"
load from mothers to fathers. Kellogg's views,
maybe because she was a woman, seem to be more
compatible with today's trend. She imagined the
possibility of a father becoming more of the
primary caregiver, or at least performing half of
the caring role in this huge, overwhelming task of
rearing the children. Kellogg notes that a mother
can be defined with "biological accuracy," as a
flesh and blood woman who has a baby and cares
for it. It is this baby who makes her into the "good
mother" or the "bad mother." This put the
responsibility of parenting, naturally, on the
mother. She believed it necessary to devise ways
to prevent babies and their mothers from going
through this process. The most important element
being to "have fathers become important in the
child's life from the moment of birth on." Then the
label of "good parent/bad parent," or really "good
and bad parent" could be used, not putting all of
the "eggs in the mother's basket." Kellogg felt that
what a baby needs is quality care from a capable
adult. It needs "stable and affectionate, nurturing
and understanding; loving cultivation by adults
who respect its developing personality." Kellogg
impressed upon readers that both the mother and
father are capable of this quality care. Her belief
was that fathers have never been given the
opportunity to give loving care to their offspring;
that it is possible that they never wanted to, but not
probable; that maybe if mothers would give them
the responsibility, and if society would give its
approval to this show of loving care, they could do
as well as mothers in fostering a "conscious"
parent-child ideal relationship. This would change
the old mother-child relationship and, by their
mutual efforts, parents could establish a
relationship of equality. Kellogg believed that "a
48

�man who can find in his heart the ability to love
his own child enough to defy convention by giving
his child his personal care...is helping bring about
a much needed psychological revolution” (Kellogg
31-36).
In his 1978 publication of The First Twelve
Months of Life, Frank Caplan gave advice to
fathers as far as their role as caretakers of their
children is concerned. Caplan mentioned that
"fathers usually rant about what all went wrong at
home as soon as the mother comes in the door
from the hospital." He wrote that doctors,
hospitals, and the American culture as a whole
won't let dads be a part of the pregnancy, birth and
infancy of their children. Caplan advises mothers
to let dad help, hold, feed, and bathe the child,
even if he is fearful. This author believes that
fathers behave in relationship to their baby's
development of attachment to them. His
viewpoint of how fathers should "father" is based
on bis observations that attached babies with
fathers who help care for them and, who play with
them, and who are relatively patient about fussing,
become attached early and intensely, smiling,
vocalizing, and trying to come into physical
contact with them. Fathers enhance their babies'
independence by being interesting and desirable
enough to break the "mother-baby duo” (Caplan
113). It seems that more and more as time goes
on, the trend is towards fathers becoming more
actively involved participants in the care of their
children.
In the January/February 1982 edition of Science
Magazine, an article entitled "Newborn
Knowledge," written by Richard M. Restak, notes
that newborn babies pay special attention to their
fathers, and vice-versa. He quotes renowned baby
researcher, T. Berry Brazelton, Chief of the Child
Development Unit of Children's Hospital Medical
Center in Boston (who might be called the "Dr.
Spock" of today) as saying
"When several weeks old, an infant
displays an entirely different attitude,
more wide-eyed, playful, and brightfaced"towards its father than towards

its mother." Brazelton describes baby's
cycles with the father as "higher, deeper,
and more jagged," corresponding to the
father's "more playful, jazzed-up
approach." One explanation for the
infant's behavior, Brazelton says, is that
fathers, on the whole behave as if they
expect more heightened, playful
responses from their babies" (Brazelton
by Restak 60).
This suppons the theory of Robert N. Emde,
professor of psychology at the University of
Colorado Medical School, that only now are we
"beginning to appreciate bow much babies shape
mothers-and fathers as well." Before, says Emde,
"theorists only described bow mothers shaped
babies" (Emde by Restak 65).
What does this all mean in terms of bow today's
father is going to "father" his children, from his
occasionally participating in childcare (as in the
past) to being an active, involved participant in his
children's growing up on a day-to-day basis? As
one author of the nineties, Maureen Weldon
Fegan, puts it, "No genes are present making
mothers more adept in caregiving than father's."
Maybe, she suggests, mothers are only more
"familiar" with this subject. She notes that today's
fathers who are present from the very first for the
birth of their babies, usually bond immediately and
completely, even if the father is frightened al first.
If fathers are active participants early on, they
usually continue to participate willingly later
(Fegan A17).
Today, researchers agree that fathers play a
much more important role in the nurturing of their
children than was previously thought, echoing
Kellogg (from the Fifties), and Caplan, Brazelton,
and Emde (from the Seventies and Eighties).
Kathleen Stassen Berger, in her "Research Report
on Fathers and Infants," in The Developing Person
Through Childhood and Adolescence, believes that
fathers are just as capable of caring for their
children as mothers are; that sensitivity to the
child's needs is the key element. Fathers and
infants show many differences in their interactions

49

�from the usual mother-infant interactions. Berger
notes that “fathers’play is more physical and
exciting; it is bigger and louder, incorporating the
element of surprise into play” (Brazelion by
Berger 214). It is apparent in the early months of
life and shows up more pronounced later.
Mothers' play is more "modulated and controlled"
(Brazellon by Berger 214), facilitating more of a
verbal interaction. Mothers are more likely to talk,
sing, and combine play with their caretaking
duties. They are more vigilant in observing their
children’s play and usually will read, draw and
play puzzles or blocks with their kids. Father­
infant researchers find that as infants grow older,
fathers tend to increase the time spent with them,
and tend to physically play more with them.
Variations in the mothers' and fathers' caregiving
styles show up more as the child gets older.
Variations in caregiving by fathers, rather than
mothers, and the differences in types of attentions,
techniques, and tasks performed are beneficial to
the children, as are the variations in responses
from the children.
We now know that children are capable of
attaching to and forming close bonds with their
fathers as well as with their mothers. Knowing
how "good" these variations of caregivers and
their different caregiving styles can be for their
children and for themselves, more and more men
are joining in the movement towards being more
nurturing fathers.
Many dads today in the Nineties seem to want
to make themselves more available; interact
emotionally and physically with their children; and
take on responsibilities of parenting (i.e. making
sitter arrangements; seeing that a sick child gets to
the doctor; and making sure the kids have clean
clothes to wear).
Today’s fathers are trying to create a new
"culture." When we look at their conduct,
however, the actual carrying out of this new role is
not as prevalent as expected. The very same
society that is beginning to expect men to take
over their children’s care hinders their efforts to do
so.

Society's underlying attitudes are just not
helping men make the transition from passive to
active father, at least not without a struggle. In his
article, "The New Father," Parents Magazine, June
1991, Fjik Larson explains that today's fathers face
barriers at every turn:
In the workplace, a man's staunchest enemy is
usually his boss. A boss looks at a man who wants
to be involved in his children's care as
"unambitious" regarding his job.
-Men are met with "reverse chauvinistic"
remarks from neighbors and friends (who
eventually lose interest in their friendship).
-Their own parents usually don’t accept them in
their new role if their jobs become secondary to
caring for the children.
-Doctors see them as a go-between. If a father
is the one who brings in a sick child, he will be
able to relay the information to Mom later.
-Even teachers treat fathers as if they aren't at
least an equal half of the child-rearing couple. At
parent-teacher conferences, they direct more
questions to the mother and wait for her responses.
-Mothers, as much as they seem to want to let
fathers into their domain, to be involved and
participate with the children, may unwillingly
undermine their husbands' efforts to do so. They
may not realize it, but they probably do not
provide the opportunity to let their husbands be
one-on-one with their kids. Then it becomes sort
of a self-fulfilling prophecy. A mom can say "See,
he is not involved!" Many mothers concentrate so
hard on competent mothering that they leave no
room for fathers to help. Many limes, fathers are
left with the "dirty work" of parenting.
-A man's expectations of himself may also get
in the way of his willingness to become a
responsible, nurturing childcare-giver. Perhaps he
feels ambivalent about this because he was taught
that he should be the breadwinner in the
household. Men of our day don't have father role
models to show them bow to incorporate this new
kind of fathering into their lives. If a man is a
breadwinner in the household, he may not be the
only one these days, with more and more mothers

50

�working and making as much or more than their
husbands. To help resolve this conflict, he may
instead want to use his father as an example of
"what not to do." Dads may also wonder if
fathering (or parenting) is a worthwhile end in
itself (as I’m sure many mothers do). Perhaps men
arc reluctant to throw themselves into this role
because they feel unprepared as far as knowledge
of child development and basic parenting skills.
They may also feel unprepared in the area of
sensitivity to the child's needs. What they don't
realize is that many new mothers also feel
unprepared.
-Many times fathers and mothers revert back to

their old roles due to both social pressures and the
"mutual collusion" of both parents (i.e. the
unconscious arranging of things so that it is
unlikely that fathers will get more involved
(Larson 93).
I believe that fathers today are much more
capable, willing, and involved caregivers than Dr.
Spock's father of the Fifties. Although it may be a
struggle, perhaps they will overcome the cultural
resistance which they face today in the Nineties.
For this to become a reality in the future, we must
start now to accept them as being the loving,
nurturing, child-rearing fathers that they are
rapidly becoming in our society.

References
Spock, Dr. Benjamin, Pocket Book of Childcare, (Duell, Sloane, and Pearce. 20tb Printing, June 1951), pp. 14-15, 242-244.

Kellogg, Rhoda, Babies Need Fathers Too, (Comet Press, 2nd Edition, 1954), pp. 31 -36.
Caplan, Frank, TTie First Twelve Months of Life, (Bantam Books, 1978) pp. 27, 113.

Restak, Richard M., "New bom Knowledge,* Science Magadne, (January, February 1982) pp. 58-65.
Berger, Kathleen Stassen, "Research Report: "Fathers and Infants," The DevelopingChild Through Childhood and Adolescence,
(Worth Publishers, 1991), pp. 214.

Fegan, Maureen Weldon, "Dads Do It Differently," American Baby Magazine, (April 1991), A17.
Larson, Erik, "The New Father," Parents Magazine, (June 1991), pp. 90-94.

51

�Creation Myths
By Randi Latham
Course: V/orld Literature
Instructor: Maruinne North
Assignment: Summarize two creation myths we have discussed in class and describe your
reactions to them.

As I read the creation myths from around the
world, the Greek and Indian ideas of the gradual
moral disintegration of society intrigued me.
Reared in a Christian home, it is readily apparent
to me that the more bobbles we aeate the further
we as society move from a spiritual to a material
nature. It is interesting to learn that peoples long
ago realized that the more assets they acquired, the
more they desired.
In the Greek creation myth, five generations of
mortals were created. The Race of Gold were
"pure in heart and in deed" (pg 13) and lived
simple lives. As Hesiod states in this myth, "They
had the time and the desire to enjoy the
wildflowers that radiantly blossomed in the

sunshine and the stars that shone in the night sky."
(pg 13) The second generation of mortals was the
Race of Silver, whose spirits never matured as
their bodies did. The third generation, the Race of
Bronze, continued the societal decline with their
acts of cruelty and war. The Race of Heroes was
more virtuous than the two previous races, but the
decay continued with the fifth and final
generation. The Race of Iron. For the Iron Race,
"each day is filled with wcwk and with grief, and
each night many mortals die. The worst crimes in
the history of humanity now occur...and yet no
mortal feels shame. Justice and faith have left the
world; treason and fraud, violence and greed have
replaced them." (pg 14)

52

�As 1 read the above quote from the Indian
myth, I was shocked by how well it fits society
loday—and this myth was written almost 1500
years ago! Are we really advancing or have we
just managed to clutter our lives with meaningless
distractions? As Alexander Solzhenitsyn said in a
speech he delivered at Harvard's commencement
exercises, "Since {man's} body is doomed to die,
his task on earth evidently must be of a more
spiritual nature. Il cannot be the search for the
best ways to obtain material goods and then
cheerfully gel the most out of them."

The Indian Creation myth views life in much
the same way, although it has four ages in
comparison. These ages progress in much the
same way as the Greek races do, with the final age
being basically banen of virtue. The myth slates,
"In the Kali Yuga, people achieve noble rank in
society based on the amount of money and
properly they own rather than their moral virtue.
The quality of virtue is measured only in terms of
material wealth. Sexual passion alone binds
husband and wife together in marriage. People
become successful in life through a succession of
lies, and their only source of enjoyment is sex.
They live with continuous fear of hunger, disease,
and death." (pg 355)

53

�fl

Legal Research Memo
By Janet Middaugh
Course: Legal Research 11
Instructor: Mary Kubichek
Assignment: Students were to research a current legal issue and draft a legal memo.

Interoffice Memorandum of Law
To
From:
Dale:
File:
Re:

Mary Kubichek
Janet Middaugh
November 19,1992
111992
Collection of child suppwt by private collection agency.

Assignment

Facts

You asked me to research private collection
agencies handling child support debts.

A private collection agency has recently
opened for business locally. They have advertised
and represent themselves by phone as a business
exclusively devoted to collecting unpaid child
support. Their representatives inform prospective
clients that they use aggressive colleclicxi agency
tactics to collect They ask for a power of attorney

Issue
Is a private collection agency a valid debt
collector as defined by the Fair Debt collection
Practices Act.
54

�and assignment of past-due child support debts to
private collection agencies.

from their clients in order to hire attorneys for
garnishments, attachments, and commencement of
lawsuits. If the client has not received AFDC
benefits in the past, they request an assignment of
the anearages. They operate on a contingency fee
basis of 25%.

A. Is Child Support a "Debt"?
The courts have held that child support is a debt
in the case of Sheffield v. Sheffield, 27 B.R. 504
(Bankr. N.D.Ga. 1983). This case involved a suit
where a debtor sought a discharge of child support
anearages in bankruptcy. The court held that a
debt be discharged unless it is
...to a spouse, former spouse, or child of the
debtor, for alimony to, maintenance for, or
support of such spouse or child, in
connection with a separation agreement,
divorce decree, or property settlement
agreement..

Discussion
In researching this issue, it is important to look
into several questions:
A. Is child support considered a "debt"?
B. Is a private collection agency considered
a "debt collector"?
C. How does the law regard assignment of
child support debts?
D. How must a private collection agency
conduct their collection practices
according to the Fair Debt Collection
Practices Act?

Sheffield at 505. In Sheffield and subsequent
cases mentioned in this memorandum, courts
consistently refer to child support as a debt

The Wyoming statute regarding collection
agencies states
...The term "Collection Agency" shall mean
and include all persons, firms, ccrporations,
and voluntary associations engaged directly
or indirectly, and as primary or secondary
object, business or pursuit, in soliciting
claims for collection or in the collection of
claims owed or due, or asserted to be owed
or due to another, and any person, firm,
corporation or voluntary association when
engaged in the collection of accounts for
another, where the employment is for more
than one (1) person, firm, corporation or
voluntary association, shall be deemed to be
engaged in the collection business within the
meaning of this act

B. 1$ a Private Collection Agency Considered
a "Debt Collector" Under Fair Debt Collection
Practices Act?

The courts defined a private collection agency
as a "debt collector" in the case of Kimber v.
Federal Financial Corp., 668 F. Supp. 1480
(D.M.AI. 1987). This case involved a debtor's suit
against a collection agency alleging violations of
FDCPA. The court considered the definition of a
collection agency under FDCZPA in this case and
found
As the Senate Committee that considered
the Act wrote, The committee intends the
term "debt collector," subject to the
exclusions discussed below, to cover all
third persons who regularly collect debts for
others. The primary persons intended to be
covered are independent debt collectors.

Wyo. Stat §§ 33-11-101 and 102 (1977).
There are no cases on point in Wyoming case
law regarding this issue. I will begin by looking at
cases which define child support as a "debt,"
private collection agencies as "debt collectors,"

Kimber at 1485,
The act itself defines the term in § 1692a (6):

55

�The lenn "debt collector" means any person
who uses any instrumentality of interstate
commerce or the mails in any business the
principal purpose of which is the collection
of any debts, or who regularly collects or
attempts to collect, directly or indirectly,
debts owed or due or asserted to be owed or
due another.

party's status is altered and the exception falls.
The back child support was lost to the ex-wife.
Another case involving assignment of past-due
child support is the case of In re Marriage of
Shore, 139 Cal. Rptr. 349 (Cal. Ct. App. 1977).
This case involved a former recipient of AFDC’s
attempt to assign her past-due child support to a
private collection agency. The court held that
...by paying AFDC aid to the custodial
parent, the county, under a well outlined
statutory scheme, obtains an irrevocable
right to the collection of all support
payments that have accrued while the
custodial parent was receiving AFDC....

The court’s decision is that FDCPA clearly
considers a private collection agency to be a "debt
collector."
C. How Do the Courts Regard Assignment of
Past-Due Child Support Debts to Private
Collection Agencies?

Shore at 352. A custodial parent may assign
the debt to anyone she wishes so long as the
assignment is for debts which mature and come
due after termination of AFDC benefits. The
amount which accrued while she was receiving
AFDC must be collected exclusively by the
governmental child support collecting agency.

The courts regarded the issue of assignment of
past-due child support debts in the case of In re
Reichurdt, 27 B.R. 751 (Bankr. W.D. Wash.
1983). This case involved an ex-wife who
assigned her child support arrearages to a
collection agency. The ex-husband then filed for
bankruptcy.
Usually, child support is
nondischargeable in bankruptcy. However, in
Reichurdt the court held that
The operative document entitled
"Assignment of Back Child Support"
appears to be in the nature of a true
assignment. A definite property interest in
the obligation assigned vested in Seattle
Bonded, Inc. upon the execution of the
assignment. That 50% interest in the back
support would inure to the collection agency
even in the event the assignee would cancel
the assignment at a later time. This reflects
more than an intent to make a mere
assignment for collection purposes only. It
was intended to be a true assignment

In applying these cases to our set of facts, we
may conclude that the local agency falls under
FDCPA's definition of a "debt collector." The
child support obligations which they handle are
considered "debts." Clients who wish to assign
past-due child support debts are legally free to do
so. The local agency has indicated their
awareness of and compliance with the Clerk of the
District Court's exclusive right to collect
arrearages of AFDC recipients. The issue of
losing the exception to discharge child support
debts in bankruptcy if that debt has been assigned
is the main area of concern. My research has not
been able to ascertain whether this agency is
aware of the court's decision in Reichurdt when
they ask their clients to sign an assignment of debt
document.

Reichurdt at 753. The court's decision that the
assignment was a true assignment had the result of
waiving the ex-wife’s usual exception of child
support dischargeability in bankruptcy. The court
found that once a debt is assigned, the privileged

In summary, these cases hold that child support
is a "debt," as in Sheffield. A private collection
agency is a "debt collector" as defined by FDCPA
and in Kimber. Assignment of past-due child
56

�support is a true assignment and such an
assignment may cause the debt to become
dischargeable in bankruptcy, as in Reichurdt. Any
cunent or past recipient of AITX^ may assign only
those debts which mature and come due after
termination of AFDC benefits, as in Shore.
1 will now look at four cases which deal with
how a collection agency must conduct their
collection practices to comply with the FDCPA.

all debts they procure for collection, or 70% of
each debt. My research did not reveal any
evidence of discouraging a client to work with the
Clerk of District Court's child support collection
agency. However, they had nothing much to say
about the Clerk's agency.

D. How Must a Private Collection Agency
Conduct Their Collection Practices According
to the Fair Debt Collection Practices Act?

The courts have held that collection agencies
are prohibited from practicing law, and they may
not use the assignment of a debt to proceed in their
own name. The case of Nelson v. Smith, 154 P.2d
634 (Utah 1944), involved a case of a collection
agency who solicited the placement of debts with
them for collection purposes. The agency stated it
would collect, bring suit, and furnish legal services
incident to the debt collection. They instructed
their clients to assign the debt to the agency. They
then proceeded in their own name as assignee to
perform the legal services. The court held
The courts themselves will not permit
laymen to appear in court in a representative
capacity. The policy of the courts and the
legislature in this regard may not be
circumvented by the subterfuge of a layman
taking assignment to permit him to carry on
the business of practicing law.

2. Collection agencies are prohibited from
practicing law. They may not use the assignment
of a debt to proceed in their own name.

1. Misleading advertisements and promises are
illegal.
The courts have held that the use of misleading
advertisements and promises by a private
collection agency in soliciting past-due child
support debts for collection is illegal. Ulberg v.
Seattle Bonded, Inc., 626 P.2d 522 (Wash. Ct.
App. 1981), involved a case where an ex-wife
sued a collection agency she had retained to
collect past-due child support She alleged that the
agency had used misleading advertisements and
made promises that they could guarantee their
results. The trial court found that not only had
Seattle Bonded used unfair and deceptive practices
to conduct their business, but also that these acts
had induced Ulberg to act or refrain from acting.
The court held that
The enforcement of child support
obligations is a matter of public interest, and
collection agencies can be held liable under
the consumer protection act for deceptive
acts and practices relating to the collection
of past-due child support

Nelson al 639. The court further held that the
agency could not themselves hire an attorney to
perform legal services.

One cannot do through an employee or
an agent that which he cannot do himself. If
the attorney is in fact the agent or employee
of the lay agency, his acts are the acts of his
principal or master.

Ulberg al 525. Ulberg was awarded damages.
Nelson at 640. The client must hire the
attorney and pay all costs himself.

In researching the local agency, 1 was able to
ascertain that though they do not guarantee their
results, they do boast a 70% success rate. I do not
know whether this rellects 70% full collection of

In order to circumvent the prohibition on
practicing law without a license, the local agency

57

�FDCPA prohibits communication by the debt
collector with third parties, § 1692c(b):
...without the prior consent of the
consumer given directly to the debt
collector, or the express permission of a
court of competent jurisdiction, or as
reasonably necessary to effectuate a post­
judgment judicial remedy, a debt collector
may not communicate, in connection with
the collection of any debt, with any person
other than the consumer, his attorney, a
consumer reporting agency if other-wise
permitted by law, the creditor, the attorney
of the creditor, or the attorney of the debt
collector.

in our set of facts obtains a power of attorney from
the client to allow the hiring of an attorney to
commence legal actions. They do gain consent
from the client before they proceed with any legal
actions.
3. Violations of FDCPA in coUection practices.

There are many ways in which a collection
agency may be found to be in violation of the Fair
Debt Collection Practices Act. The following
cases illustrate several ways in which the local
agency may have violated FDCPA. In Bingham v.
Collection Bureau. Inc., 505 F, Supp, 864 (D.N.D.
1981), a collection agency was found to have
violated FDCPA by the use of harassing phone
calls. The telephone collector had used immediate
ringbacks when the plaintiff hung up on him. The
phone collectors also allowed the plaintiff to
believe she would be jailed for nonpayment of
debt. They asked intrusive questions concerning
highly personal assets, in this case wedding rings.
The phone collectors also used aliases in their
dealing with debtors. The court found all these
practices to be in violation of FDCPA 15 U.S.C.
§1692d:
A debt collector may not engage in any
conduct the natural consequence of which is
to harass, oppress, or abuse any person in
connection with the collection of a debt
(5) Causing a telephone to ring or
engaging any person in telephone
conversation repeatedly or continuously
with intent to annoy, abuse, or harass any
person at the called number.
(6) Except as provided in section 1692b
of this title, the placement of telephone calls
without meaningful disclosure of the caller’s
identity.

The collection agency's indication by letter that
they would be investigating her neighborhood and
contacting her employer in connection with the
debt was a clear violation. The court ruled in
favor of the plaintiff on the issue of liability.
My research of the local collection agency in
question has revealed that they may be in violation
of FDCPA’s general standard prohibiting
harassment. As Bingham shows, they may not
threaten jail or other legal actions which they have
no power to impose. Nor may they use the
telephone to harass, oppress, or abuse. As in
Rutyna, they may not suggest they will contact
third parties.
These four cases illustrate practices from which
collection agencies are prohibited by law. They
may not harass, oppress, or abuse the debtor, as in
Bingham, and Rutyna. They may not use
deceptive, unfair advertisements or guarantee
results as in Ulberg. They may not use the
subterfuge of a debt assignment to practice law, as
in Nelson.
In final summary, child support is a "debt," and
a private collection agency is a "debt collector."
Clients may assign child support debts to a private
collection agency if they wish. A former or
cunent AFDC recipient may assign only those
which mature and come due after termination of
AFDC benefits. An assignment of past-due child

Plaintiff Bingham was awarded damages.

The case of Rutyna v. Collection Accounts
Terminal. Inc., 478 F. Supp. 980 (N.D. Ill. 1979),
also involved violations of the general standard
prohibiting harassment quoted supra. Further, the
58

�abusive practices in collection of debts. Nor may
they use deceptive, unfair practices or guarantee
their results. All the cases cited in this
memorandum have been shepardized and are
current case law.

support will act to allow the debt to become
dischargeable in bankruptcy. A collection agency
may not practice law. The assignment of a debt
for collection purposes only does not allow an
agency to proceed in court in their own name. An
agency may not use harassing, oppressive, or

59

�c

Ambu-Man
By Art Toews and David Davison
Course: Automation Electronics
Instructor: Joe Schaffner
Assignment: A research project that must perform collection of data in real time, analyze
and print out the output over an extended test period.

Introduction

Proposal
Interface the Ambu-Man CPR simulator to a
computer via conditioning circuitry. An Analog to
Digital converter will be used to convert signals
obtained from Ambu-Man, to the port on a
computer. These signals will be processed by the
computer. Control and calculations will be
provided in software. The results will be
monitored and displayed to the monitor. An
audible ^arm will be provided for use when the
trainee makes a mistake in band position or
improper ventilation rate.

This document will explain the procedures that are

necessary to interface the Ambu-Man cardiopulmonary
resuscitation

simulator

with

a

computer.

Cardiopulmonary resuscitation will hereafter be referred

to as "CPR." Monitoring electronically the ventilation

rate and depth, the compression depth and correct band
position of the trainee will be provided. By interfacing
with a computer, more advanced training and an in-

depth analysis of the trainee's effectiveness can be
monitored. The trainees will be able to see the results of

their performance on the computer monitor after they

have performed the prescribed operations on the AmbuMan simulator.

60

�J
Materials:

Ambu-Man CPR Training Simulator
Computer
Analog to Digital Convener ADC-0809
Conditioning circuitry
Software

CPR Fundamentals
Handling an emergency situation successfully
lakes training, practice, and the ability to work
under pressure. Emergency treatment isn't an
instinctive knowledge. If the proper procedures in
handling an emergency are not followed, more
damage could be done to the victim than good.
Thus came the need for a means of training
persons in emergency treatment. With proper
training, your life, a member of your family's life,
or the life of somebody you just came upon, might
be saved.
The proper steps to follow in an emergency
situation are as follows. Make certain the area
around the victim poses no threat to you or to the
victim. Check to see if the victim is breathing.
Check for bleeding. Try to get the victim to
respond. If there is no response, call for help.
Place the victim on his/her back. Check to be sure
the victim's airway is clear. Check for breathing
again; if breathing is absent, give two quick
breaths. Check for a pulse.3
If there is a pulse, continue giving breaths
every five seconds. Continue giving breaths until
victim breathes alone or professional help arrives.
If there is no pulse, begin external compressions.
Find the notch at the bottom of the breast bone.
Measure up two fingers' width, then place the heel
of your hand above your two fingers. Place your
other hand on top. Press straight down to
compress the chest one and one half to two inches.
Make fifteen compressions, then give two short
breaths, and continue these procedures for around
five minutes. The main objective is to keep the

brain alive and undamaged. CPR should never be
given (Ml somebody whose heart is beating or who
is breathing.3
We will be concentrating on whether the victim
is breathing and has a heart rale. Many training
models have been pul on the market to aid in this
training. One of the latest models is Ambu-Man.
On Ambu-Man's display card, test results are
viewed. Ventilation, compression rate, proper
hand position, and proper ventilation are
monitored. Ambu-Man is equipped for computer
interface to monitor these procedures. Enors and
results are displayed on the computer’s monitor,
using graphs and display screens.
As can be seen in an emergency situation these
procedures might not just pop into your head. The
proper steps to go through will be made easier
with instruction and practice on a model, like the
Ambu-Man.

Ambu-Man CPR Simulator
Ambu-Man is designed to meet all training
recommendations of the American Heart
Association. The Ambu-Man simulator is an
advanced training simulator to monitor correct
cardiopulmonary resuscitation during insufflation
and external compressions. Each individual
trainee is provided with a face piece and head bag
to eliminate any risk of cross infection between
the trainees. The head bags are disposable making
Ambu-Man a hygienic sysiem.2
The Ambu-Man simulator is the size of a
normal adult. Adjustment is provided for the
trainees, as to the stiffness of the chest
compressions. Adjustments for teenager, adult
and hefty adult provide a life-like representation of
any group that resuscitation might have to be
performed on.2
Built in insirumenialion is provided on AmbuMan that shows the effectiveness of resuscitation.
Results include insufflation volume, stomach
insufflation, depth of compression and incorrect
hand positioning. When air is blown into Ambu-

61

�Man the head bag expands, displacing air in the
skull through a valve. The valve is opened when
the head is tilted back or the jaw is thrust up. The
air that was in the head passes through the neck
tube into the lung bag. This expands and elevates
the chest. If the air volume is too great, the
stomach valve opens suddenly, allowing the air
into the stomach and the stomach is elevated. The
movement of the chest and stomach are sent
mechanically to the monitoring equipment on
Ambu-Man.2
When CPR is performed, the chest is pressed
down. These compressions are also sent
mechanically to the monitoring equipment. The
compressions are monitored for correct hand
position and depth. The carotid pulse can be
pulsed through a tube and bellows. This pulse can
be activated manually or can be seen while giving
compressions, and is found on the right side of
Ambu-Man's neck.

individual wires were run from the socket to the
conditioning circuit
Readings can be viewed on both sides of the
mechanical monitoring instrument provided with
Ambu-Man which is shown in figure 3-2. A cover
plate is provided on the side facing the trainee so
the readings can be concealed from the trainee
doing the CPR test. Gauges for ventilation and
compression will display green when the correct
volume and compression pressure is reached. Red
will be displayed when incorrect pressure and
ventilation is reached. Stomach inflation and
incorrect hand positioning are indicated by the
display changing from black to red.2

Ambu-Man's Monitoring
Instruments
The Ambu-Man simulator was obtained from
Mr. Ed Boyer, instructor of the Mine Safety class
at Casper College. The internal circuitry was
inspected to see how it worked. On the printed
circuit board were two, 10,000 ohm slide
potentiometers. These were for the ventibtion and
compression. Also included were two on/off
switches, used for compression depth and proper
ventilation. The internal circuitry was accessible
via the six pin DIN socket that is shown in figure
3-1. The adapter plug was not available, so

Figure 3-2

11 Ventilation in liters
2] Stomach inflation
3] Compression in mm
4] Incorrect hand position

Conditioning Circuitry
The four analog signals from Ambu-Man had
to be converted to digital signals that the computer
could decode into numerical values that could be
understood by the everyday user. The AEX20809
analog-to-digital converter, shown as wired in
figure 4-1, was the chip used to perform these
conversions; however, only four of the eight
channels were used. The analog-to-digital
converter will hereafter be referred to as "ADC.”
The ADC0809 data acquisition component is a
monolithic complementary metal-oxide
semiconductor device, commonly called "CMOS,”
with an eight-bit ADC, eight-channel multiplexer
and microprocessor compatible control logic. The

1] Ventilation
2] Over Ventilation
3] Hand Position
4] Compression
5] Vco+SV
6] Ground

Figure 3-1
62

�Over Blow (11
(2)
(31

in4
in5
in6
J5L in?
(6) start

PCD
' PA3

_EL
(81

inZ 128L
ini
inO (261
add A (25)
add B (2^1
add C (231
ALE (221
D7
(211
D6 [201
D5
(191
D4
(181
[IZL
DO
VrcfD2

ADC0809CCN

D3
out enable

625kHz . (1“I CLK
Vcc
It cv
□¥ 1
Vfci+
(121
°
(
■iiiia GND
1141 01
PAI

,-Vcnt
H. Pos
Comp
“ PBO

PC4

PB1
PB2

^PA7
PA6
PA5
PA4
PAO
PA2

Figure 4-1
card that is based on the Intel 8255A chip.|
The Intel 8255A chip is quite versatile, and the
variety of modes and bit configurations may be
overwhelming; however, this chip is very popular
for digital input/output applications. The Intel
8255A chip was configured for mode zero, and the
ports were set up as follows: Port A an input. Port
B an output, Port C lower an input, and Port C
upper an outpuL Mode zero configured the 8255A
chip for simple input/output operations that
allowed Ports A and B to be either inputs or
outputs and Port C to be split into two halves that
can be either inputs or outputs.)

eight-bit ADC uses successive approximation as
the conversion technique. The converter features
a high impedance chopper stabilized comparator, a
voltage divider with analog switch tree and a
successive approximation register. The eight­
channel multiplexer can directly access any of
eight-single-ended analog signals. The ADC0809
offers high speed, high accuracy, minimal
temperature dependance, excellent long-term
accuracy and repeatabili^, and consumes minimal
power.4
The clocking was provided to the ADC0809 by
the 7285 microprocessor clock running at 650,000
hertz that is shown in figure 4-2. The
specifications sheet for the ADC0809 stated the
typical clock speed for this chip was 640,000
hertz.4
The converted digital signal from the
ADC0809 was sent to the computer by way of the
A-BUS Adapter Card, The base Port of the ABUS, which accesses sixty-four Ports, was Port
seven hundred and four. The DG-148, Digital
Input Board, was plugged into the A-BUS, to
access ports seven hundred twelve through seven
hundred fifteen. The DG-148, Digital Input
Board, is a twenty four line digital inpul/output

GND_

E25kHj^

MC0B71B

MPU CLK.
728S

♦5V_

Figure 4-2
63

�Software Development

The first part of the main loop is a short
instruction set for the user and explains what the
program is for. The introduction welcomes the
user to the Ambu-Man experience and says that
there is a choice of lime up to one hundred and
twenty seconds. Then the trainee is told what will
be monitored and to hit "enter" to proceed with the
program.
The second step in the program asks the user to
input the desiied time frame. If the user inputs a
value of over one hundred and twenty seconds an
error message will be displayed and the user will
be instructed to enter the correct time again. After
the time is entered, the user is instructed to enter
his/her name.
The third step is the heart of the program. The
first part of this step allows the user ten seconds to
get ready to perform on the simulator. Then a

Most of the program is included in one main
loop that first explains the program and some of
the options available to the user. Second, the user
inputs the time frame that is desired and then
enters his/her name. Third, after a ten second
pause the program will monitor all four inputs
from Ambu-Man for the lime frame indicated by
the user and store the values in an array. Fourth,
after the inputs have been observed the graphical
results are displayed on the monitor. After the
graphical results are displayed (Figure 5), the
program will jump out to a subroutine that
displays the frequency of the operations performed
on the Ambu-Man simulator. The user has the
option of restarting or exiting the program when
finished.

Compression Depth

Compressions per 60 seconds = 37

50mm I
40mm I
30mm»

10mm'

2.0
1.6

-

Breaths per 60 seconds = 6

Breath

,AA
0
10

20

AA

30

aa
40

50

Bad hand position = 1 times
Over ventilation = 0 times

You Still Need Practice Trainee

Figure 5
64

60

�nested loop, that is programmed to run for the time
indicated by the user, starts monitoring the inputs
in the following manner. First the ports on the
DG-148, Digital Input Board, were structured as
was explained earlier. The command word ’’one
hundred forty-five" was shipped out Port seven
hundred fifteen to accomplish this. Next, the first
analog output line from Ambu-Man had to be
selected by sending a binary zero out Port B.
Each of the four channels used had a unique
binary code that would select them one at a time.
Now the address latch enable line, hereafter
referred to as "ALE," is pulled low and then
forced high and then back low. This is
accomplished by sending the corresponding
signals out Port C, line number five, that is
connected to the ALE and start lines of the
ADC0809 chip. Then, another loop pauses and
monitors the end of conversion line, hereafter
referred to as "EOC," until the data is ready and
can be read by the computer. Port C line one,
which is an input line to the computer, is
connected to the EOC line. When a "high" is
detected on the EOC line, it means the ADC0809
has had sufficient time to convert the analog signal
to a digital signal. The digital data can now be
read by the computer via Port A; this is an input to
the computer. The data is stored in an array so it
may be recalled later in the display portion of the
program. The above process is repeated for all
four inputs, one after another. The process repeals
itself until the time indicated by the user has
expired. Different computers will have different
sampling rates but the program doesn't care
because the time of day clock in the computer and
the user set the time frame.
The fourth section in the main body of the
program puls a graphical representation of the data
that was obtained in the sampling loop. This data
is recalled from the arrays and scaled to fit on the
graph and on the monitor by retrieving the data in
the same order that it was obtained. TTiis section
also monitors the data from the arrays and detects
all of the peak values. Each time one is detected,
it is counted so the frequency of the operations can

be calculated.
As soon as the graph is displayed and the peaks
are tabulated, the program jumps to a subroutine
that displays the frequency of the operations of all
four data lines. This information is displayed on
the monitor and the printer. At the end of the
subroutine, the program returns to the main body
of the program. Then the user is asked whether to
end or to restart the program.

Summary
1.

2.

3.

4.

5.

65

CPR is not something that we know
instinctively. Il is a skill that we should all
know that takes constant practice to be
proficient at and a CPR simulator is about the
best way to practice.
The Ambu-Man simulator is a state-of-the-art
CPR simulator. The simulator is designed to
allow the beginner as well as the seasoned
professional a means to practice these life
saving skills and to get an objective analysis
of how good their skills actually are.
The Ambu-Man simulator is designed to
allow a mechanical and an electrical analysis
of the trainee’s progress. The mechanical
analysis is sufficient but it does not allow the
trainee to reflect on his performance.
Someone else must observe the mechanical
gauges and tell the trainee how the
performance rated. The electrical analysis
allows the trainee to see a graphical
representation of the performance, to be able
to see the areas that need improvement.
The internal circuitry is quite simple to figure
out and the analog signal produced from the
simulator is quite easily converted to a digital
signal. The conversion is done with an
ADC0809 chip that is an eight-bit eight­
channel ADC.
In order to be able to display the results of a
training session a program must be written
that will strode all four of the analog signals
from the simulator. This must be done in the
proper order and at the proper speed so the

�I

6.

ADC0809 will be able lo convert the signal
to a digital signal and have the data ready
when the computer is ready to read it
This p’oject explains what data is needed and
why that data is so important The ADC used
in this project is designed as a complete Data
Acquisition System for ratiometric

Biblography
1.

A-BUS Overview, Alpha Products, DG-148.

2.

Ambu-Man, Ambu lotemational A/S.

3.

Ellis. Family MeJied Gutde, Publicationi iDtematkmal LTD, 1983.

4.

linear Databook 2, Natimal Semiconductor Corporatioo Rev. 1,1988BditiofL

conversion systems. A good example of a
ratiometric transducer is a potentiometer used
as a position sensor.4 That is exactly the type
of transducer that was used in this Data
Acquisition System.

�Spring 1993

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                    <text>CASPER

\CASPER COLLi^

WYOMING

Chklunbe

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

�Challenge
I viii
Published at Casper Community College
Casper. Wyoming 82601
March 1994
Copyright by Casper Community College

�Challenge: 1994
Table of Contents
The Ninth Amendment

Dale E. Sprague Jr.

5

Maternal Deprivation

Bonita Morisette

13

Interoffice Memorandum of Law Melanie Walford

17

Life in El Refugio Dale E. Sprague Jr.

25

Shelly Carpenter .

When to Leam a Second Language
Humans and the Great Apes

Ward Widger

Faith, Religion and Spirituality in Children's Literature

Separation Agreement

Research Design

30

34

Karla Pellatz

Jenni Watson

Maureen P. Heim

Confidentiality: A Client's Right

R. Allison Hunter

Oriental Rugs AnneMarie Shriver
Journal Entry

Ben Brooks

Cover design executed by Eric Valdez

38
45

51
58

61
64

�Introduction
Casper College is pleased to present the eighth issue of Challenge, a magazine to
honor excellence. As a display medium for academic endeavor. Challenge solicits
superior examples of student writing from all college disciplines; our purpose i.s to
illustrate both the breadth and depth of course work on our campus. Instructors have
selected representative writing from their courses, and, though we do not include pieces
from writing classes, we encourage all forms: exams, reports, essays, term papers. The
college Writing Across the Curriculum Committee served as a jury to select articles to be
published. This issue represents work submitted in response to the call for papers for two
semesters, spring 1993 and fall 1993.

Arlene Larson, editor
Casper College .
Casper, Wyoming
Spring, 1994

�c

-t

'

■•••‘W'.

The Ninth Amendment
By Dale E, Sprague Jr.
Course: American and Wyoming Government
Instructor: Dr. Dave Cherry
Assignment: Students were to write a short term paper on any aspect of state or national
government. Students were to independently research their topics. Clear and balanced writing,
together with careful documentation of sources, was to be emphasized.

ink and paper has been devoted to the proper
meaning and interpretation of the Ninth
Amendment than Justice Goldberg committed to
the writing of his decision. Numerous essays have
been written by legal scholars with the goal of
deriving answers to the Ninth Amendment's
meaning and proper place in the judicial review
process.
The history of the Ninth Amendment began
during the ratification process of the Constitution.
During debate over its ratification in the state of
Virginia, Patrick Henry expressed concerns over
the potential power of the new Federal
government, especially to pass laws necessary and

The Ninth Amendment to the Constitution of
the United States of America reads, “The
enumeration in the Constitution of certain rights
shall not be construed to deny or disparage others
retained by the people.” This amendment has been
called the Great Paradox of the Constitution
(Lieberman, 1992, p. 345). From 1791 to 1965,
“only seven Supreme Court cases dealt in any
fashion with the ninth amendment" (Massey,
1989, p. 291). In Griswold v. Connecticut, Justice
Goldberg fashioned a judicial argument which
protected an unenumerated right and relied greatly
on the Ninth Amendment for its justiUcation of
that right. Since that decision was published, more

5

�the constitution, made in favor of
particular rights, shall not be construed
as to diminish the just importance of
other rights retained by the people, or as
to enlarge the powers delegated by the
constitution; but either as actual
limitations of such powers, or as inserted
merely for great caution (Barnett, p. 55).
This clause became the Ninth Amendment and
it seems clear that its purpose was to make sure
that an unenumerated right would not go
unprotected by the new government. The Ninth
Amendment seems to be the final safeguard to
justify enumerated rights in the Constitution while
still protecting any rights not enumerated. The
amendments proposed by Madison, though
altered, were not reduced in force and were
ratified in 1791 by the states (Brant, p. 236).
When discussing the Constitution and its
amendments, the Supreme Court surfaces as the
center piece of any discussion. Using the concept
of judicial review, the Supreme Court over time
became responsible for "defining the scope and
powers exercised by Congress, the president, and
the federal bureaucracy under the Constitution"
and assumed the power "to determine whether an
act of government is a constitutional exercise of
authority and to declare the act void if it is
adjudged to be unconstitutional" (Stephens &amp;
Scheb, 1988, p. 19-20). When civil rights and
liberties of United States citizens came into
conflict with increasing federal power, the
Supreme Court often heard cases which resulted in
the declaring of a law unconstitutional or the
confinning of a conviction on the grounds that the
individual's enumerated rights were or were not
violated.
As judicial review developed, however, the
Ninth Amendment was ignored. According to
Bennett Patterson, it became "covered with the
dust of antique time" (Patterson, p. 113). It was
never used in a Supreme Court decision as the
basis for an opinion. Though referred to in six or
seven cases heard by the Court, "it was lumped
with the tenth, as an innocuous rule of

proper, "without any federal Bill of Rights to
furnish a safeguard" (Brant, 1970, p. 215). At the
time, Madison "regarded a declaration of rights
unnecessary, because the general government had
no powers except what were given them." He also
opposed it "because an incomplete enumeration
would be unsafe." He was not however opposed to
"any amendment that would give satisfaction and
was not dangerous" (Brant, p. 218). With the
purpose of getting the Constitution ratified
unconditionally in Virginia, Madison and the
Federalists pledged to support such amendments
once the new government was in power.
Though seeing dangers inherent in a bill of
rights. Madison kept gwxl on his promises to his
Virginia constituents. On June 8, 1789, he entered
the House of the First Congress of the United
States and made a speech in which he proposed
twelve amendments to the Constitution and stated
his reasons why he thought it proper to do so. He
also answered the common objections against a
bill of rights. What became the Ninth Amendment
was his answer to the objection of enumeration
which he himself had raised in the Virginia
ratification convention. From Madison’s speech;
It has been objected also against a
bill of rights, that, by enumerating
particular exceptions to the grant of
power, it would disparage those rights
which were not placed in that
enumeration; and it might follow, by
implication, that those rights which were
not singled out, were intended to be
assigned into the hands of the General
Government, and were consequently
insecure. This is one of the most
plausible arguments I have ever heard
urged against the admission of a bill of
rights into this system; but I conceive,
that it may be guarded against. 1 have
attempted it, as gentlemen may see by
turning to the last clause of the fourth
resolution (Barnett, p.6O).
The last clause of the fourth resolution reads;
The exceptions here or elsewhere In

6

�counsel another in the use of such devices. In
1961, the Court refused to hear the case of Poe v.
Ullman on the grounds that the plaintiff lacked
standing to sue. Planned Parenthood announced on
the same day of the Poe decision that they would
be opening a clinic in New Huven. Estelle
Griswold, the director of the clinic. wa.s arrested
three days after the clinic opened. A short trial
resulted in Mrs. Griswold's conviction and a fine
of $100.
In her petition of certiorari, Griswold'.s
attorneys "argued that the Connecticut law
infringed a right of privacy implicit in the Bill of
Rights” and "lacked a reasonable relationship to a
legitimate legislative purpose.” The state relied on
the broad police powers of the state and an
argument that the law "was a rational means of
promoting the welfare of Connecticut's people.”
The state however failed to express the
legislative purpose behind the law (Stephens &amp;
Scheb, 702-703).
The Court struck down the law by a vote of 72. Justice Douglas who had dissented in the Poe v,
Ullman case wrote the court's opinion. He felt the
Connecticut law violated the appellant's
Fourteenth Amendment right to due process and
incorporated the Bill of Rights as applying to the
Fourteenth. "Douglas reasoned that the explicit
language of the Bill of Rights... when considered
along with their emanations and penumbras as
defined by previous decisions of the Court, add up
to a general, independent right of privacy"
(Stephens &amp; Scheb, p. 703) which was infringed
by the state of Connecticut. In his opinion Justice
Douglas referred to some of the rights I have
already mentioned as being recognized by the
court in previous decisions to substantiate his
claim.
By Pierce v. Society of Sisters, the
right to educate one's children as one
chooses is made applicable to the
States by the force of the First and
Fourteenth Amendments. By Meyer v.
Nebraska, the same dignity is given
the right to study the German language

construction limiting the federal government to its
delegated powers" (Loan, p. 149-150). This
interpretation, according to Barnett, derived from
the Federalist's argument that no Bill of Rights
would be necessary because the Federal
government would only have powers enumerated
in the Constitution. Since the government could
only do what was delegated, any rights
enumerated would be outside the scope of the
government. It was also argued that rights began
at precisely where powers ended; thus there can
never be an abridgement of a right not enumerated
by a power not delegated (Barnett, p.4-8).
Before 1965, Constitutional scholars had only
written a small handful of articles devoted to the
Ninth or given brief discussions on it in treatises
on the Constitution or the Bill of Rights (Loan,
p. 149-150).
This was not to say that unenumerated rights
had not been recognized by the Supreme Court.
Barnett, in his introductory essay, lists (in a
footnote) 13 unenumerated rights already
recognized by the Court over the last 200 years.
These rights include the right to vote, the right to a
presumption of innocence and to demand proof
beyond a reasonable doubt, the right to associate
with others, the right to travel in the United States,
and the right to attend and report on criminal trials
(Barnett, p. 37-38). None of these basic freedoms
are explicitly mentioned in the Constitution. The
right to vote was expanded through additional
amendments, while freedom of association for
political purposes was considered an implicit right
of the First Amendment. These unenumerated
rights are now well accepted but none of them
were validated by the Ninth Amendment. In 1965,
Justice Douglas changed Ninth Amendment
constitutional history in the case of Griswold v.
Conneciieiit.
From Stephens and Schebs, American
Constitutional Law, we can find the following
description of the events leading up to the case.
The state of Connecticut hud an 1879 law on the
books which made it a misdemeanor to sell or
possess a birth control device or to assist, abet, or

7

�within the zone of privacy created by several
fundamental constitutional guarantees" (Stephens
&amp; Scheb, p. 723).
While seven justices concurred that the
Connecticut law should be overturned, their
reasons for overturning the law were different.
Justice Harlan argued that the law "violates basic
values implicit in the concept of ordered liberty"
and thus infringes the Due Process Clause of the
Fourteenth Amendment. He also did not feel that a
reliance on one or more provisions of the Bill of
Rights was necessary. He felt the due process
clause stood on its own. Justice White stated that
the "law as applied to married couples deprives
them of liberty without due process of law, as that
concept is used in the Fourteenth Amendment"
(Stephens &amp; Scheb, p. 726-727), Though both
justices agreed in overturning the law, they relied
more on a strict construction of the Constitution
and felt that the law could be overturned with a
simple use of the Fourteenth Amendment Due
Process Clause. They also were not departing from
previous jurisprudential decisions.
Justice Goldberg also wrote a concurring
opinion joined by Chief Justice Warren and
Justice Brennan. He based his opinion however on
the Ninth Amendment and a relationship with the
Fifth and Fourteenth Amendments. He did not
believe that the due process of the Fourteenth
Amendment incorporated the Bill of Rights but he
did believe "that the concept of liberty protects
those personal rights that are fundamental, and is
not confined to the specific terms of the Bill of
Rights. My conclusion that the concept of liberty
is not so restricted and that it embraces the right of
marital privacy though that right is not mentioned
explicitly in the Constitution is supported both by
numerous decisions of this Court, referred to in the
Court’s opinion, and by the language and history
of the Ninth Amendment" (Stephens &amp; Scheb,
p. 724).
Goldberg felt, as others have, that Madison
wrote the Ninth Amendment to allay the fears that
a bill of rights once enumerated would be
interpreted as denying those not enumerated. He

in a private school. In other words, the
Slate may not, consistently with the
spirit of the First Amendment,
contract the spectrum of available
knowledge. The right of freedom of
speech and press includes not only the
right to utter or to print, but the right
to distribute, the right to receive, the
right to read ... and freedom of
inquiry, freedom of thought, and
freedom to teach... indeed the freedom
of the entire university community ....
Without those peripheral rights the
specific rights would be less secure.
And so we reaffirm the principle of
the Pierce and the Meyer cases.
In NAACP V. Aiahania,... we
protected the "freedom to associate
and privacy in one’s associations.,"
noting that freedom of association was
a peripheral First Amendment right.
Disclosure of membership lists of a
constitutionally valid association, we
held, was invalid "as entailing the
likelihood of a substantial restraint
upon the exercise by petitioner's
members of their right to freedom of
association." In other words, the First
has a penumbra where privacy is
protected from governmental
intrusion. In like context, we have
protected forms of "association" that
are not political in the customary
sense but pertain to the social, legal,
and economic benefit of the members
(Stephens &amp; Scheb, p. 723).
He goes on to discuss that specific guarantees
in the Bill of Rights have penumbras, formed by
emanations from those guarantees which create
zones of privacy. He specifically mentions the
Third. Fourth, and Fifth Amendments in the next
few paragraphs. While he mentions the Ninth
Amendmend he does not elaborate on how it fits
into his argument. He continues by slating that the
Griswold case "concerns a relationship lying

8

�The Court's next responsibility according to
Goldberg was to determine which rights are
fundamental. He then stated his criteria for
determining whether a right is fundamental and
thus deserving of protection under the Fifth or
Fourteenth Amendment with justification for its
protection provided by the Ninth.
In determining which rights are
fundamental,judges are not left at
large to decide cases in light of their
personal and private notions. Rather,
they must look to the traditions and
conscience of our people to determine
whether a principle is so rooted as to
be ranked as fundamental. The inquiry
is whether a right involved is of such a
character that it cannot be denied
without violating those fundamental
principles of liberty and justice which
lie at the base of all our civil and
political institutions. (Stephens &amp;
Scheb, p. 725.)
He then explained why he felt the right to
privacy as presented in the Griswold case fell
under the category of a fundamental right and why
it should be protected, in the event that the state
could not show a compelling reason for the statute
or that it was necessary to accomplish a
permissible state policy, the law could be upheld.
In the Griswold case the state failed to do this and
he finished his opinion with this final statement.
In sum, I believe that the right of
privacy in the marital relation is
fundamental and basic - a personal
right retained by the people within the
meaning of the Ninth Amendment.
Connecticut cannot constitutionally
abridge this fundamental right, which
is protected by the Fourteenth
Amendment from infringement by the
States. I agree with the Court that
petitioners’ convictions must therefore
be reversed (Stephens &amp; Scheb, p.
726).
The argument that there are certain rights

then stated that the Ninth Amendment *‘since 1791
has been a basic part of the Constitution which we
are sworn to uphold” (Stephens &amp; Scheb, p. 724).
He then outlines its relevance to the Griswold
case.
To hold that a right so basic and
fundamental and so deep-rooted in our
society as the right of privacy in
marriage may be infringed because
that right is not guaranteed in so many
words by the first eight amendments
to the Constitution is to ignore the
Ninth Amendment and to give it no
effect whatsoever. Moreover, a
judicial construction that this
fundamental right is not protected by
the Constitution because it is not
mentioned in explicit tenns by one of
the first eight amendments or
elsewhere in the Constitution would
violate the Ninth Amendment
(Stephens &amp; Scheb, p. 724).
In answer to the dissenters that his
interpretation of the Ninth Amendment would
broaden the powers of the Court, Goldberg
discussed his interpretation of the Fifth and
Fourteenth Amendments' due process clause and
offered a definition of fundamental rights. (The
Fifth Amendment states that “No person... shall be
deprived of life, liberty, or property without due
process of law” [U.S. Constitution, Amendment
V] while the Fourteenth Amendment reads ”... nor
shall any State deprive any person of life, liberty,
or property, without due process of law.” (U.S.
Constitution, Amendment XIV],) Goldberg argued
that the Court has held that these amendments
protect “certain fundamental liberties from
abridgement by the Federal Government or the
States. The Ninth Amendment simply shows the
intent of the Constitution's authors that other
fundamental personal rights should not be denied
such protection or disparaged in any other way
simply because they are not specifically listed in
the first eight constitutional amendments”
(Stephens &amp; Scheb, p. 724).

9

�the Ninth Amendment, he stated that to say it has
anything to do with the case "is to turn
somersaults with history." He aligned himself with
the interpretation of the Ninth Amendment which
held that it was framed and adopted to "make clear
that the adoption of the Bill of Rights did not alter
the plan that the Federal government was to be a
government of express and limited powers, and
that all rights and powers not delegated to it were
retained by the people." This philosophy, as
mentioned earlier, lumps the Ninth with the Tenth
Amendment. Finally, he could not find any right
of privacy listed in the Constitution nor justify the
Court overturning the statute based on the
argument that it did not conform to community
standards (Stephens &amp; Scheb, p. 728).
This case, while it laid a precedent for the use
of the Ninth Amendment in judicial review, also
illustrated theoretical problem,s with the process
and the difficulty in overturning a law which all
the justices felt was not right. Douglas's opinion
applied the Fourteenth Amendment and
incorporated the Bill of Rights as applicable to the
states’, affirming rights not explicit in the
Constitution. This process of incorporation while
having a precedent ha.s its dissenters. Harlan and
White simply felt the Fourteenth Amendment
alone protected the appellants' liberties but still
advocated a loose inleq?relation since there was no
specific guarantee in the Bill of Rights to a right of
privacy. Stewart and Black adhered faithfully to a
strict and conservative interpretation and
recognized no Federal guarantee of a right of
privacy because it was not explicitly protected.
While they felt the law was wrong, they believed
it was the legislature's responsibility to change it.
Goldberg's opinion while it may be considered
liberal and activist wa.s constructed in such a way
that it could be considered a strict interpretation.
The Fifth and Fourteenth Amendments do provide
for due process before a liberty can be deprived. If

which can not be abridged by the Federal
government or the States, that those rights not
enumerated are allowed for by the use of the Ninth
Amendment, that the judge's duty is to determine
whether an appealed to right is deeply rooted in
the traditions and conscience of the people, and
that the abridging of those rights is not necessary
to accomplish a permissible state policy, would
appear to be sufficient criteria to serve as a
precedent for overturning law in future cases
which appeal to an unenumerated right.
Justice Black and Justice Stewart, however,
wrote dissenting opinions in the Griswold case.
Both justices felt the law was offensive. Justice
Stewart referred to it as “an uncommonly silly
law" (Stephens &amp; Scheb, p. 727). They did not
feel that this was grounds to overturn the law
however. Justice Black's views on a right of
privacy are summarized in a sentence in his
dissenting opinion. “I like my privacy as well as
the next one, but I am nevertheless compelled to
admit that government has a right to invade it
unless prohibited by some specific constitutional
provision.” He also did not feel it was the Courts'
place to correct the situation but that Congress
could and should pass amendments to the
Constitution to correct situations such as this.
With a very conservative, strict constructionist
attitude, he commented, “That method of change
was good enough for our Fathers, and being
somewhat old-fashioned I must add it is good
enough for me" (Stephens &amp; Scheb. p. 727).
Justice Stewart in his argument did not agree
with Justices Harlan and White that the Fourteenth
Amendment should have been a guide in this case
as Griswold was not denied any procedural due
process at the trial. He again followed a strict
construction of the Constitution and states that the
First, Third. Fourth, and Fifth were not violated by
the Connecticut statute as no right mentioned in
those amendments had been abridged. Concerning

I. Incorporation refers to the Supreme Court's application of the U.S. Constitution's Bill of Rights to the States using the Fourteenth
Amendment's due process clause. Those who feel we should interpret the Constitution strictly and explicitly disagree with incorporation.
The fact is. however, that all of the Bill of Rights have now been applied to the Stales through this process.

10

�Some feel that Marshall gave us that
opportunity long ago in Marbury v. Madison when
he wrote *it cannot be presumed that any clause in
the constitution is intended to be without effect;
and therefore, such a construction is inadmissible,
unless the words require it” (Stephens &amp; Scheb, p.
42). This statement could well be the argument
necessary to invalidate the traditional
interpretation of the Ninth Amendment. In fact.
Justice Goldberg refers to that line from Marbury
V. Madison in his Griswold opinion and goes on to
state that in interpreting the Constitution, "real
effect should be given to all the words it uses"
(Barnett, p.391).
Justice Goldberg in the Griswold case opened
the door to a new interpretation of the Ninth
Amendment but it is a door through which it is
often difficult to pass. Whether it is due to the
philosophical controversy of judicial review and
constitutional interpretation or due to the fact that
the Griswold case and others which invoked a
right to privacy dealt with very personal and moral
issues is uncertain. Even Justice Jackson
confessed that "the Ninth Amendment rights
which are not to be disturbed by the Federal
Government are still a mystery to me" (Caplan, p.
243).
Since the Ninth Amendment protects those
rights “retained by the people,’’ I feel that we the
people are solely responsible for determining what
those rights are. Hence, we must do our part to
insure that laws are not passed which would
infringe those rights. When they are, however, we
must see that those laws are invalidated by
demanding the due process guaranteed us. We
must not allow the Courts to deny us rights not
enumerated in the Constitution by appealing to
Justice Goldberg's argument in Griswold that the
Ninth Amendment protects those rights retained
by the people.

we define those liberties as those rights
enumerated in the Constitution, the Bill of Rights,
and in the case of the Fourteenth Amendment,
State Bills of Rights, we can say that these
liberties can not be deprived without due process.
If we then use the Ninth Amendment to define a
liberty as not only those rights already enumerated
but also those unenumerated and retained by the
people, then we can include unenumerated
liberties in those protected by the Fifth and
Fourteenth Amendments and still be following a
strict interpretation of the Constitution.
This argument relies on a new approach to
interpreting the Ninth Amendment derived by
Goldberg which goes against the traditional
interpretation of the Ninth discussed previously.
The fact that the traditional interpretation had its
roots in a Federalist argument which surfaced
during the Constitutional Convention and the
ratification conventions, an argument conceded
when Madison proposed a Bill of Rights to the
House in 1789, would seem to deny the traditional
approach much weight in this matter. This lack of
weight, however, may not be enough to carry the
argument for a broader interpretation of the Ninth
Amendment.
Madison conceived the Bill of Rights to protect
the governed from the government. Both
Federalist and Anti-Federalist were concerned
about a strong central government abridging the
rights of the individual. Patrick Henry’s concerns
about a Congress empowered to pass all laws
necessary and proper were probably shared by
many. The first eight amendments of the Bill of
Rights were that check against the delegated
powers of Congress but they were not a guarantee
against whatever laws might be passed under the
necessary and proper clause. The Ninth
Amendment, if given as broad an interpretation as
the necessary and proper clause was given by
Chief Justice Marshall, could very well be that
check against Congressional power.

11

�Bibliography
Burnett. Randy. “James Madison's Ninth Amendment.” The Highly Heiiiiiied By The People. The History and Meaninf; of the Ninth Amendment. Ed.
Randy Bametl. Fairfax. Va.: George Mason University Pres.s. I9S9.

Bixlenheimer. Eklgar. Jurisprudence, the Phitosoi&gt;hy and Meiluid of the Ixtw. Cambridge. Ma.. Harvard University Press, 1974.

Brant. Irving. The Foiinh President. 4 Life of James Madisitn. New York: The Bobbs-Merrill Company. Inc.. 1970.

Caplan, Russell L. “The History and Meaning of the Ninth Amendment." The Rights Retained By The People, The History and Meaning of the Ninth
Amendment. Ed. Randy Barnett. Faiffax. Va.: George Mason University Press, 1989.
Lieberman. Jethro K. The Es-olving Ctmstitulion. Random House, 1992.
Madison. James. “Speech to the House Explaining His Pn&gt;pose&lt;l Amendments and His Noles for the Amendment Speech." The Rights Retained By The
Peofde, The History and Meaning of the Ninth Ameiulmeni. Ed. Randy Barnett. Fairfax. Va.: George Ma.son University Pres,s, 1989.

Mavsey. Calvin R. “Federalism and Fundamental Rights; The Ninth Amendment." The Rights Retained By The People, The History and Meaning of the
Ninth Amendment. Ed. Randy Bametl. Fairfax. Va.; George Mason University Pres.s. 1989.
Patterson. Bennett B. "The Forgotten Ninth Amendment." The Rights Retained By The People. The History and Meaning tf the Ninth Amendment. Ed.
Randy Barnett. Fairfax. Va.: George Mason University Press. 1989.
Stephens Jr.. Olis H. artd Schd&gt; 11. John M. American CoiLstiiufional Law. Essays and Cases. New York: Harcourt, Brace, Jovanovkh, 1988.

Van Loan III. Eugerte M. “Natural Rights and the Ninth Amendment." The Rights Retained By The Pec^e, The History and Meaning of the Ninth
Amendment. Ed. Randy Bametl. Fairfax, Va.: George Ma.son University Press, 1989.

12

�Maternal Deprivation
in Three Works of Literature
By Bonita Morisette
Course: Modern Women Writers
Instructor: Dr. Helon Raines
Assignment: Trace a theme that you find present in the works of several diffe/ent authors or
in several works by the same author. Evaluate the significance of this theme in the authors’
works, in literature in general, in society, in our lives, in other words in one specific context. The
audience for this paper are readers of a literary journal that is refereed.

Maternal Deprivation is a term which refers to
an insufficiency of interaction between a child and
the nurturing person. In current society, that
nurturing person is most often the mother. From
early days of scientific studies, people have been
aware of the importance of “mother" in the
development of healthy individuals. In fact, the
role of the mother has been so important that
women have been blamed for almost everything
(hat has gone wrong with children, from violence
to incest to schizophrenia. Although it is argued

(hat a good substitute curegiver can take the place
of the “mother,” many studies have found that the
loss of the central “mother” figure early in life has
profound effects on children.' However, it is not
necessary to limit oneself to the reading of social
science papers and textbooks to learn about the
impact of maternal deprivation. Often, a clear
picture of the importance of a strong mother figure
can be found in literature as well. Kay Boyle gives
us a startling reminder of the importance of the
mother in her short story, “Winter Night.” In

13

�Fussed over, and fed well, he was able to focus his
energies on his studies and succeeded not only in
attending college but in being accepted to Oxford
as well. As his knowledge increased, he was able
to apply the caring he had learned from Helen, the
older woman, to himself and his studies. Later, a.s
he became more aware of his own emotional
needs, he found that material possessions were not
the most important things in life. We see him as
continuing to be self-centered when he speaks of
his wife. “Carrie has learned to cook and she
scrubs around. I can't stand dirt” (1710). Although
he is never able to love completely, the time he
has spent with his substitute mother, Helen, has
improved his ability to love. This ability, limited
as it may be, is revealed in a conversation he had
years later with her companion.
“You once lold me you didn't understand
about like or dislike.”
He said, “I loved Helen.”
“Too bad you never told her so. Too late
now.”
“I lold it to her,” he said, “the night I looked
up your word, ‘penlimento’ (1710)
In this story, Helen clearly depicts a mother
substitute. She may nol have been a perfect
replacement but was certainly an influential one.
The most poignant example of the result of
maternal deprivation is seen in the story, “The
Bluest Eye,” by Toni Morrison. Here we follow
the lives of a poor black family. The father,
Cholly, raised by a loving aunt after his mother
abandoned him, is a prime example of the effects
of maternal deprivation. On the surface, he is a
free man, but underneath he is devoid of the
ability to establish the healthy relationships he
needs.
But the aspect of married life that
dumbfounded him and rendered him
totally dysfunctional was the
appearance of children. Having no idea
of how to raise children, and having
never watched any parent raise himself,
he could not even comprehend what
such a relationship should be.(2158)

“Penlimento,” Lillian Hellman reveals the
influence of a mother figure on a young man, and
Toni Morrison shows the effects of maternal
deprivation on three generations of a family in her
story, “The Bluest Eye.’’
In “Winter Night,” the author introduces
Felicia; she is a young girl who is deprived of her
mother for many hours of the day because the
mother must work. Kay Boyle is able to present to
the reader the feelings of insecurity the child feels
everyday, when her father is at war, and her
mother is at work. In accomplishing this, she
describes the room the child is waiting in. “There
is a lime of apprehension which begins with the
beginning of darkness. It may begin around five
o’clock on a winter afternoon when the light
outside is dying in the windows... the apartment in
which Felicia lived was filled with shadows...”
(1695). For this child, and for the reader, the
savior is the babysitter who comes and provides
comfort and security for the child. While doing so,
she reminds the readers of all the children in the
concentration camps who were not comforted and
who suffered the permanent loss of their mothers.
As the story progresses, we see the caregiver
providing the physical comforts the child needs:
“I will wash the glass... I will wash the glass for
her and clean off the table... when she is finished”
(1698).More importantly, she provides the
emotional comforts Felicia needs as well. The
mother becomes aware of this comforting when
“...she saw the woman lying sleeping on the divan,
and Felicia, in her school dress still, asleep within
the woman's arms” (1703). “Winter Night” is an
example of a mother substitute providing the
comforting and caring a child needs in order to
prevent the lasting effects of maternal deprivation.
Often, maternal deprivation lakes place, not
through death or divorce but through indifference.
In “Penlimento,” we meet Jimsie, a young man
who was exposed to a mother's love late in life.
His mother is alive and in his words, “is a pretty,
nice lady, but a slob” (1710). As a young man,
Jimsie met and was cared for by an older,
nurturing woman and her intellectual companion.

14

�not only of mothers, but of women in general. It i.s
imperative for lhe survival of lhe human species
that we find ways for women to be all that they
desire without giving up lhe nurturing, maternal
role.

This inability to establish a healthy relationship
led his wife. Pauline, to doubt her own worth.
She began to see value only in those things she
perceived as “pretty.” Pretty people had fair skin
and straight, blond hair. Even her own babies did
not qualify as pretty. They were loo dark and iheir
hair loo kinky. The inability to view herself or her
family as beautiful led her to abandon her own
children while actually continuing to be physically
present in the house. In a very real sense, Pauline
was not there for her children. In her role as
housekeeper for a wealthy white couple, she was a
flawless substitute mother for the pretty, pale­
skinned child she cared for. Unfortunately, she
was unable to be an authentic “mother” to her own
daughter, Pecola.
Pecola is left to languish without a maternal
role model. Deprived of both maternal and
paternal love, she asks “How do you do that? 1
mean, how do you gel somebody to love you?”
(2084). In her child's mind, that is the secret to
life. How do you get somebody to love you? She
is haunted by Shirley Temple dolls with their
yellow ringlets and big blue eyes. Believing these
blue eyes to symbolize lhe beauty her mother so
desires, she turns to magic to get them. Trusting
that those around her will notice and love her
again, she finds, unfortunately, that her blue eyes
are not good enough either. She still is not loved.
Rejected by her mother, violated by her father, she
spends her days in madness.
The third generation of this saga, lhe baby bom
of incest between Cholly and his daughter, Pecola,
is delivered too early. It is also a victim of the
maternal deprivation handed down from Cholly's
mother to Cholly, to Pecola. Unfortunately, this
child does not even get to experience an
incomplete life. It dies.
Like violence, the effects of maternal
deprivation are handed from one generation to
another. These examples, taken from literature,
show us lhe grave consequences of maternal
deprivation: insecurity, inability to love, and
inability to survive. Perhaps these writers will
enable future generation.s to recognize lhe worth

Endnotes
' With lhe exception of one study done during
Hitler's regime (Ernst, Cecile), the effects of
maternal deprivation on later life are quite clear.
All authors agree that some degree of dysfunction
exists. The availability and quality of lhe “mother
substitute” may diminish these effects but do not
eliminate them altogether. Jill Hodges, in her
work on adopted children, found a strong
correlation between the aspects of the relationship
to self and to objects to be apparent in children
who had suffered early maternal deprivation. John
Klauber, in his work as a therapist, found that
women who had suffered from early maternal
deprivation often suffered from psychological
bondage to others, suffering great anxiety when
dealing with even the termination of analysis
when the need for treatment was obviously over.
-When asked to define “Penlimento,” Lillian
Helman gave the following response.
Old paint on canvas, as it ages,
sometimes becomes transparent.
When that happens it is possible, in
some pictures, to see lhe original lines:
a tree will show through a woman's
dress, a child makes way for a dog, a
large boat is no longer on an open sea.
That is called penlimento because the
painter “repented,” changed his mind.
Perhaps it would be as well to say that
the old conception, replaced by a later
choice, is a way of seeing and then
seeing again.
That is all I mean about the people
in thi.s b(X)k. The paint has aged now
and I wanted to see what was there for
me once, what is there for me now.”
(1705)

15

�Works Cited
Boyle, Kay. “Winter Night." Thf Noriim Anlluflugy Utenuure By Women. Eds. Sandra M. Gilbert wd Susan Gubar. New York:
W.W. Norton and Company, 1985. 1695-1703.

Emu. Cecile. "Are Early Chiklhnixl Experiences Overrated? A Reassessment of Maternal Deprivation." European Archivai Psychiatric Neuroloqicai
Scient e. {1988). 237: 80-90.

Hellman. Lillian. “Penlimenin." T/te Norton Anthology of Literature ByWomen. Eds. Sandra M. Gilbert ar»d Susan Gubar.
New York: W.W. Norton and Company, 1985. 1705-1710.

Hrxlges. Jill. "The Relalirxiship to Self aixl Objects in Early Maternal Deprivation and Adoption." JtHimal of Child Psvchotherapy. 1990, Vol. 16. No. I.
(53-73).
Klauber. John. "Analyses That CaniKil Be Terminated.” International Journal

Psycho-Analysis.

Vol. 58.(473-4T7).

Morrison. Toni. "The Bluest Eye." TTie Nitrton Anthology irfLiteraiure By Women. Eds. Sandra M. Gilbert and Susan Gubar. New York: W.W. Norton
and Company. 1985. 2068-2184.

�c

Interoffice

Memorandum
of Law
By Melanie Walford
Course: Legal Research I
Instructor: Mary Kubichek
Assignment: Students were to draft an interoffice memorandum of law. They were to
research and draft arguments on two sides of an issue.

TO;
Mary Kubichek
FROM: Melanie Walford
DATE: November 30, 1993
CASE; Hardy v. Natrona County Services
RE:
Wrongful Adoption

Hardys have a cause of action against Natrona
County Adoption Services for intentional or
negligent misrepresentation.

Issue
Is an adoption agency liable for intentional or
negligent misrepresentation when they fail to act
in good faith and not provide full disclosure
regarding the health of a child?

Assignment
You have asked me to research cases and draft
an interoffice memorandum to determine if the

17

�the adoption agency was liable for intentional or
negligent misrepresentation to the adoptive
parents.
No Wyoming Supreme Court cases will be
discussed because no cases could be found in
Wyoming as of December 1, 1993.

Facts
On September 21, 1983, Marilyn and Tom
Hardy adopted Samuel when he was two years old
from the Natrona County Adoption Services
(NCAS). The Hardys inquired about his
background and the families’ medical history.
NCAS assured the Hardys that Samuel was in
good physical and mental health.
Samuel began to have severe mental problems
which led to violent rages by the time he was six.
He would go into temper tantrums and throw
himself violently against the wall or upon the
floor, often injuring himself. Once while playing
on the playground at school, Samuel became so
enraged he pushed a child out of a swing, causing
severe head trauma to the child. Al the age of ten,
Samuel was placed in a private mental institution.
A court order was obtained in 1989 to have
sealed records opened to reveal Samuel's
background. The records revealed that Samuel's
mother was sixteen when he was born, unwed, and
had been institutionalized for mental illness by the
time she was eighteen. The father is unknown.
Had the Hardys known of Samuel's prior
history, they would not have adopted him. The
Hardys are seeking damages for medical expenses,
loss of consortium, and emotional distress.

Natrona County Adoption
Services Is Liable For Intentional
and Negligent Misrepresentation
Prior to the adoption of a child, it is the duty of
the adoption agency to fully disclose information
about the child and not conceal or misrepresent the
facts. This was the ruling in Burr v. Board of
County Commissioners of Stark County, 491
N.E.2d 1101 (Ohio 1986).
Intentional misrepresentation is established by
proving the elements of fraud. The elements of
fraud are
(a) a representation or, where there is a
duty to disclose, concealment of a fact,
(b) which is material to the transaction at
hand,
(c) made falsely, with knowledge of its
falsity, or with such utter disregard and
recklessness as to whether it is true or
false that knowledge may be inferred,
(d) with the intent of misleading another
into relying upon it,
(e) justifiable reliance upon the
representation or concealment, and
(f) a resulting injury proximately caused
by the reliance.
Burr at 1105.
The Burrs adopted Patrick at 17 months of age.
They were told Patrick's mother was unwed, 18
years old, living with her parents, working fulltime and that the grandparents were mean to the
boy. The mother was moving to Texas and gave
Patrick up for adoption. The Burrs were told the
boy was nice, big and in healthy condition. Burr at
1103.

Discussion
Intentional misrepresentation and negligent
misrepresentation of material facts have been hard
issues for the courts to distinguish between when
hearing wrongful adoptions cases. M.H. v. Caritas
Family Services, 475 N.W.2d 94 (Minn. Ct. App.
1991). Intentional misrepresentation exists when
the elements of fraud are proven. Negligent
misrepresentation exists when an assumption of
duly to inform is proven. M.H. at 98, 99.
Four state cases will be discussed where the
adoption agencies were liable for intentional and
negligent misrepresentation.
Three state cases will then be discussed where

18

�The County knew, or with the exercise of
reasonable care, should have known this was a
manifestation of Sturge-Weber Syndrome, a
congenital degenerative nerve disorder. Michael J.
at 505. Mary inquired about the stain but the
County concealed its significance from her.
Prior to the adoption, Michael was examined by
a doctor who refused to make a diagnosis. Later, a
board certified neurologist examined Michael who
claimed the first doctor should have diagnosed
Sturge-Weber Syndrome with prognosis for
epilepsy. This syndrome is congenital and is
present at birth. Michael J. at 506
The Superior Court of Los Angeles granted
motion for summary judgment for the County.
TTie Court of Appeals reversed and remanded the
case. The court held
By recognizing an action for
intentional misrepresentation or
fraudulent concealment, we are not
imposing on the agency a duty to
predict the future health of a
prospective adoptee. However, there
must be a good faith full disclosure of
material facts concerning existing or
past conditions of the child's
health.Michael 7. at 513.
The County did not act in good faith by not
fully disclosing material facts concerning
Michael's past health conditions. The adoption
agency did not disclose the doctor's refusal to
make a diagnosis. If it is shown that NCAS, like
the County of Los Angeles did not fully disclose
material facts concerning existing or past
conditions of the child's health, then they may be
liable for intentional misrepresentation.
An agency assumes a duty to inform the
adoptive parents of a child's health or natural
parent's health and nondisclosure constitutes
intentional misrepresentation. This was held in
M.H v. Caritas Family Services, 475 N.W.2d 94,
(Minn. Ct. App. 1991). The District Court
grunted summary judgment on the intentional
misrepresentation claim and denied summary
judgment on the negligent misrepresentation

Patrick suffered from twitching, speech
impediments, poor motor skills, learning
disabilities, and hallucinations. A court order
opened the sealed records and revealed his mother
was 31 years old, a mental patient and that Patrick
was born in the state mental hospital. The
unknown father was presumed to be a mental
patient also. Patrick was at risk for having
Huntington's Disease which he was later
diagnosed as having.
The
Burrs
sued
for
intentional
misrepresentation and the Board of the County
Commissioners of Stark County appealed. The
Supreme Court of Ohio affirmed the trial court's
decision.
The opening of the sealed records proved the
adoption agency intentionally misrepresented
Patrick’s background. They relied on the
information given to them, adopted Patrick and
suffered damages.
The facts of this ca.se are analogous to ours and
may be helpful. The Hardys, like the Burrs, relied
on incorrect and incomplete information which
was not fully disclosed. The agency's sealed
records were opened by court order which
revealed information concerning the child's
background. This information was intentionally
misrepresented to the Hardys, and the Burrs, by
the adoption agencies.
If it is shown that NCAS did not fully disclose
information to the Hardys prior to the adoption,
and the Hardys prove the elements of fraud, then
NCAS may be liable for intentional
misrepresentation.
Prior to an adoption, there must be a good faith
full disclosure to the adoptive parents of material
facts concerning existing or past conditions of a
child's health. This was the ruling in Michael J.v.
County of Los Angeles, Department of Adoptions,
247 Cal. Rptr. 504 (1988)
Michael J. was adopted by Mary Stout in 1970.
At the time of the adoption, Michael was
diagnosed as being in good health and suitable for
adoption, despite an extensive port-wine stain,
claimed to be a birthmark, over most of his body.

19

�claim. The Court of Appeals reversed the
summary
judgment
for
intentional
misrepresentation and affirmed the trial court's
decision on negligent misrepresentation, allowing
trial on both issues.
M.H. adopted C.M.H. in 1970. They were told
there was a possibility of incest in the family. It
did not occur to the adopting parents that C.M.H.
wa.s conceived by incest. No other inquiries were
made and the adoption agency offered no further
information. Written information indicated the
father was in good health and was of normal
intelligence. There was no written indication of
incest. M.H. at 97.
C.M.H. quickly became nerv()us. jumpy,
violent and had set fire to furniture in the home.
The child was diagnosed as suffering from
attention deficit hyperactivity disorder and was on
Ritalin, plus received counseling. M.H. at 97.
Caritas Family Services knew C.M.H. was the
offspring of two siblings and failed to disclose this
material fact. M.H. later learned of the incest and
that the birth father was borderline hyperactive, of
low intelligence and received mental counseling at
age 11.
The Court of Appeals held the plaintiffs must
show
the
following
for intentional
misrepresentation:
(1) There was a representation.
(2) That representation was false.
(3) The representation had to do with a
past or present fact.
(4) That fact was material.
(5) That fact was susceptible of
knowledge.
(6) The represented knew the
represented fact to be false or, in the
alternative, asserted it as his own
knowledge without knowing whether
it was true or false.
(7) The represented intended to have the
other person induced to act or
justified in acting upon it.
(8) That person was so induced to act or
so justified in acting.

That person's action was in reliance
upon the representation.
(10) That person suffered damage.
(11) That damage was attributable to the
misrepresentation.
M.H. at 99.
The court held in the negligence
misrepresentation claim
.... the agency assumes a duty to inform
prospective parents about the child's health
or the health of the natural parents.
M.H, at 98.
These two issues may assist our client if it is
shown there was a representation, the
representation was false, and the Hardys relied on
this representation which caused damages; then
NCAS may be liable for intentional
misrepresentation.
If it is shown NCAS assumed a duty to fully
disclose information about the child or the parents
and did not disclose these facts, NCAS may be
liable for negligent misrepresentation. NCAS, like
Caritas Family Services, knew of the mother's
mental illness and did not fully disclose this
information.
An agency may not make a false statement of a
material fact if the agency knows it to be or
believes it to be false. This wa.s the ruling in Roe v.
Catholic Charities, 588 N.E.2d 354 (Ill.App. Ct.
1992).
Three families adopted three children from
Catholic Charities. The children would be adopted
on the condition they were physically and
mentally healthy and needed lots of love. The
adoption agency stated that they were normal, that
no unusual or extraordinary medical expenses
would be incurred, and that no other information
was available on their backgrounds.
The children had all suffered from abnormal
behavior and mental health problems in the past.
The first child placed had a violent and
uncontrollable temper and was intellectually,
mentally and emotionally retarded. The second
child had severe abnormal behavior such as
smearing feces on the interior walls of past foster
(9)

20

�homes. The third child was so destructive he
stomped a foster family's dog to death.
The patterns continued. One child cut the
whiskers off the family’s cat; another exposed
himself after painting the neighbor's house; and
the other had a violent behavior requiring
counseling. A court order opened sealed records
revealing that the agency's statements were false.
The adoptive parents sued for fraud, breach of
contract and negligence. The Circuit Court
dismissed the complaint and the Appellate Court
affirmed in part, reversed and remanded in part.
The court held there was a cause of action for
fraud based on the agency's intentional and
negligent misrepresentation. Adoption agencies
are bound by both statutes and common law and
may be sued for common law torts like
corporations. Roe at 359.
The opening of the sealed records proved the
agency knew of the children’s background and
failed to disclose this material fact. The agency
had a duty to be honest in fulfilling the adoptive
parents' request and breached that duty by
withholding information which resulted in
damages sustained by the adoptive parents. The
burden of duty to disclose information is placed on
adoption agencies as they are the only ones who
have information regarding infants' backgrounds.
The burden can be placed on no other party. Roe
at 365.
The facts of this case may be applied to our
case to show that adoption agencies have a duty to
disclose information regarding the child's
background. This information is needed so
adoptive parents can make good decisions in the
best interest of the child. If the Hardys, like the
Roes, had known of each child's background,
different decisions may have been made for the
best interest of the child. If nondisclosure is
proven, NCAS may be liable for intentional and
negligent misrepresentation.
Four cases have been discussed where the
courts have held adoption agencies were liable for
intentional and negligent misrepresentation. The
adoptive parents proved the agencies knew of

information concerning the backgrounds of the
children being adopted and the agencies did not
act in go(xi faith in disclosing these material facts.
Three cases will now be discussed where the
courts have found the adoption agencies were not
liable
for
intentional
or
negligent
misrepresentation.

Natrona County Adoption
Services Is Not Liable For
Negligent or Intentional
Misrepresentation
To impose on an adoption agency the liability
to guarantee an infant's future good health would
be entirely unreasonable. This was the ruling in
Richard P.v. Vista Del Mar Child Care Service.
165 Cal, Rptr. 370 (1980).
Richard P. adopted Gregory in 1970. Vista
informed the parents that Gregory was premature,
had large earlobes, but was a healthy child at the
time of the adoption. The adoptive parents had
their own pediatrician examine Gregory who
found him to be in good health. Three years later,
Gregory suffered from severe neurological
damage. Richard P. sued for intentional and
negligent misrepresentation. The Superior Court
of Los Angeles County dismissed the case based
on a demurrer and the Court of Appeals affirmed
the Superior Court's decision.
The court held “predictions as to future events
are deemed expressions of opinion, and thus not
actionable.” Richard P. at 373.
Vista Del Mar Child Care Service fully
disclosed the information they had as to Gregory's
condition. The adoptive parents even had another
physician examine him who diagnosed the same
result. At the lime of the adoption, Gregory was in
good health. An adoption agency should not be
liable for a child's future health. This makes them
a guarantor of the child's health and this is
unreasonable. Natural parents do not have this
guarantee.

21

�The fads of this case are distinguishable from
our case because the Natrona County Adoption
Services knew of Samuel's mental problems at the
time of the adoption. If the agency had, in good
faith, fully disclosed the information concerning
Samuel's background, and the Hardys adopted him
anyway, this case could be applied to our
situation.
An adoption agency is not a medical provider
and does not have a duty to test children for
medical purposes. This wa.s the ruling in Foster v.
Bass, 575 So,2d 967 (Miss. 1990),
The facts of this case involved Foster adopting
Geoffery from Catholic Charities. Hewas later
diagnosed as having PKU. PKU is a metabolic
disease which is inherited and causes retardation if
not diagnosed early and treated properly. PKU,
however, has no symptoms or indication that the
disease exist,s and children with PKU are born
healthy. Approximately 1/10,000 births are PKU
in European populations; or 1/50 members of the
population carry PKU gene. Foster at 969. In
1972, when Geoffery was adopted, PKU testing
was not mandatory.
Catholic Charities provided a medical
information sheet for parent.s to take to their
physicians and have it completed. An indepth
investigation is provided by Catholic Charities
before placing a child into an adoptive home.
This does not include, however, performing
medical tests on children. They have no doctor on
staff and that is the purpose for the medical
information sheet.
Mr. Foster obtained the sheet and found a blank
by the PKU test and the form was given to his
physician. The physician thought the blank was
because the test results had not returned. He did
not inquire whether a test had been done or not. in
1976. Geoffery was diagnosed as having PKU and
the damage was irreversible. Mr. Foster sued
Catholic Charities for negligence. The Circuit
Court granted summary judgment for the agency.
The Supreme Court affinned. The court held that
Catholic Charities informed the Fosters of all the
information they had. They conducted

painstakingly and thorough studies. They were
involved in no misrepresentation or fraud. Foster
al 981.
The policy of Catholic Charities is to fully
disclose the health and medical conditions of a
child before adoption. There were no doctors on
staff who were trained to evaluate medical
records. The medical information form is simply
used to provide spaces for the doctors to insert the
results of their examination.
This case may not assist our client because the
facts are somewhat different. NCAS, unlike
Catholic Services, did not have a policy to fully
disclose information available to them. NCAS also
refused to disclose the information they did have.
Catholic Services, on the other hand, disclosed
information obtained through the indepth
investigation. Because NCAS concealed
information, intentional and negligent
misrepresentation may exist.
Adoption agencies are not violating adoptive
parents' due process or equal protection rights by
failing to release information regarding the
children's backgrounds or by failing to provide
adequate services to the children. The Appellate
Court held this in Grijfith v. Johnston, 899 F.2d
1427 (Sth Cir. 1990).
The Griffiths adopted five hard-to-place
children from the Texas Department of Humane
Services (TDHS). Hard-to-place children are those
who are hard to place because of age, race,
religion, physical, mental or emotional handicap.
Based on stale statute, TDHS informs adoptive
parenLs about their availability, assists with the
adoption process, provides financial support, and
discloses compiled information concerning health,
social, educational and any physical, sexual, or
emotional abuse to the prospective parents. The
adoptive parents have the right to examine all
records and information relating the history of the
child.
The Griffiths claim that TDHS intentionally
failed to hire more competent psychologists with
better (raining for the children with special needs.
After the adoption, the children had attacked the

22

�ours but may assist our client. The Supreme Court
held TDHS did not violate the Griffith's
constitutional rights because there was a g(X)d faith
full disclosure of the children's backgrounds. If it is
shown NCAS did not act in gtxxl faith and did not
fully disclose information, they may be liable for
intentional misrepresentation.

parents and other siblings with lethal weapons and
committed criminal acts against the community.
The parents contended that TDHS coerced them
into adopting the five children without disclosing
information about their background; therefore this
was governmental interference and violated their
right to make informed decisions in reference to their
family. The Supreme Court held that once the slate
approved them as adoptive parents, it could not
interfere with their decision by providing incomplete
or misleading information about the children. Griffith
al 1427. “While information and training provided by
the stale may aid parents in caring for their adopted
special-needs children, the slate and not the courts
should determine whether and in what forms to
provide that aid.” Griffith at 1438.
The Griffiths also claimed that TDHS deprived
them of properly interests to include services
provided by TDHS and money which was spent to
care for the special-needs children. The services
provided to adoptive families after adoption are at
the discretion of the social worker and whether the
family qualifies for the benefits. TDHS did deprive
the Griffiths of any monetary resources. Parents
electing to adopt hard-to-place children should
expect to spend more money than on normal
children. The Supreme Court held:
While the state may not interfere with a
parent’s right to make treatment decision on
behalf of a child, the state need not. a.s a
matter of constitutional duty, help the parents
diagnose the problem and locale the cheapest
treatment alternative,
Griffith at 1440.
The Equal Protection Clause mandates that
similarly situated persons be treated similarly. The
Griffiths claim TDHS violated this right by providing
greater services to children in the state's custody than
to children already adopted. The Supreme Court held
Adopted children who rely upon their
adoptive parents for support and children
under slate conservatoires are in no way
similarly situated with regard to the medical
and psychological services provided by the
slate.
Griffith al 1441.
The facts of this case are distinguishable from

Summary
Seven cases have been discussed on intentional
and negligent misrepresentation in wrongful
adoptions. In the first four cases discussed, the courts
held adoption agencies were liable for intentional and
negligent misrepresentation. The cases revealed the
following;
1. NCAS may be liable for intentional and
negligent misrepresentation if it can be shown
they had a duty to fully disclose information
about the child without concealment or
misrepresentation of facts.
2. NCAS may be liable for negligent
misrepresentation if it can be shown they
assumed a duty to inform the adoptive parents
about the child's or natural parent's health.
3. NCAS may be liable for intentional and
negligent misrepresentation if it can be shown
they made statemeni.s of material facts known
to be or believed to be false.
The last three cases discussed, the courts held
adoption agencies were not liable for intentional and
negligent misrepresentation. The cases revealed the
following:
1. NCAS is not liable for intentional or negligent
misrepresentation if it can be shown that it is
unreasonable to impose a liability on them to
guarantee the future health of children.
2. NCAS is not liable for intentional or negligent
misrepresentation if it can be shown they are
not a medical provider and do not have a duty
to test children for medical purposes.
3. NCAS is not liable for violating the Hardys'
due pHKCSs or equal protection rights if it can
be shown that NCAS fully disclosed
background information and provided
adequate services for the chid.

23

�Recommendations

More information is needed on the statute of
limitations; when can adoptive parents bring
a cause of action for wrongful adoption?
4. Contact adoption agencies in Wyoming to
see what medical information forms, if any.
are used, or if a physician examines the
children prior to adoption.

3.

Research current Wyoming Statutes and
common law regarding confidentiality of
adoption records to see if it violates public
policy.
2. Interview adoption agencies to see if they
have been sued or in the process of being
sued for wrongful adoption.
1.

Appendix

Burrv. Board of County Commissioners of Start County, 491 N.E. 2d 1101 (Ohio 1986).
Foster v. Bass, 575 So. 2d 967 (Miss. 1990).
Griffith v. Johnston, 899 F.2d 1427 (5th Cir. 1990).

M.H. V. Caritas Family Services, 475 N W.2d 94 (Minn. Ct. App. 1991).
Michael J. v. County of Los Angeles, Department of Adoptions, 247 Cal. Rptr. 504 (1988).
Richard P. v. Vista Del Mar Child Care Services, 165 Cal. Rptr. 370 (1980).

Roe V. Catholic Charities, 588 N.E,2d 354 (111. Ct. App. 1992).

24

�Life in El Refugio
By Dale E. Sprague Jr.
Course: Cultural Anthropology
Instructor: Dr. Barbara Mueller
Assignment: Students were to interview a native of another country, using an assigned
ethnographic format.

On a paved road connecting Guadalajara and
Puerto Vallarta, lies a small village of 200 people
called El Refugio. This Mexican village, like
many villages in all parts of the world, has a
Catholic church as its most prominent building.
My informant, Jesse, says the church and the town
have been there forever. Jesse's mother, Margarita,
was bom and raised there and visits her sister Rosa
quite often. Jesse, bom in Juarez, has accompanied
her mother on these visits to see Aunt Rosa, which
have lasted from one to three months and occur
about every year. Spanish is the language spoken
in El Refiigio just as it is in all of Mexico.
Materially, Aunt Rosa and her family are
probably better off than some Mexican citizens.

but are not by any means wealthy. Aunt Rosa, her
husband Quadalupe, and their live children live in
a three bedroom house. There is a living room and
a kitchen inside with an outhouse in the back. The
walls are constructed of mud bricks with cement
plastered on both the inside and outside. The
floors are cement with the only covering being a
rug which everyone has beside their bed. This is to
protect their feet from the cold of the cement floor
early in the morning. Wall to wall carpeting is
only found in the homes of the well to do. No one
in El Refugio has wall to wall carpeting.
The clothes that Aunt Rosa and her children
wear are very similar to American clothes. On
visits to El Refugio, Margarita and Jesse have

25

�anything resembling a grocery store in El Refugio.
Aunt Rosa has to go to several different shops in
El Refugio, many of which are simply people's
homes, to get her beef or pork, milk and cheese,
medicines and jello, and finally fresh vegetables
and avocados.
Every Tuesday and Thursday is market day and
several trucks come into town. They park near the
church and sell their goods from their truck. A
vegetable and fruit truck arrives with everything
from the types of vegetables grown locally to
mangoes, bananas, tomatoes, lettuce, carrots,
green beans, and watermelons, While some in El
Refugio may grow some of these things, many do
not grow enough to subsist on all year long, and
few have big enough gardens to grow all of these
things. The produce is also much less expensive
when purchased at the market.
A Coke truck also comes to town and sells
Coke in bottles. To buy Coke from the driver you
must bring him the same number of empty bottles
you wish to buy from him. This insures an
adequate supply of bottles for the bt&gt;ltling process.
Occasionally a furniture truck will also come on
market days and sell his wares from his truck or
help you place an order through a catalog. There is
also a truck which has all kinds of clothing and
linens on it. Finally, there is the motorcycle man, a
modern peddler, who comes to town on a
motorcycle with catalogs. From him you can
purchase furniture, appliances, clothes, jewelry,
watches, rugs, etc.
Except when Margarita and Jesse are visiting,
this is what is available to Aunt Rosa. When they
have the convenience of Margarita's car, however,
they might make one or two trips a week to Tala, a
bigger town fifteen miles away on the road to
Guadalajara. In Tala they can shop at Com-ASuper. a supermarket just slightly smaller than one
in Casper. Without Margarita's car, she would
have to take a bus to Tala which means she does
not go there often.
The week in El Refugio culminates with dances
on Friday and Saturday nights, a major social
event. At the disco, the local band. Banda El

broughi gifts of clothing which Aunt Rosa and her
daughter Josephine have been able to make
patterns of and repnxluce. It costs them far less to
buy the material and reproduce the clothes than it
cost Jesse and her mom to purchase. Jesse also
informed me that there were small family run
businesses in Guadalajara which also copied
American clothes, reproduced them and sold them
throughout the region.
When going into Aunt Rosa's kitchen, you
would think you were entering an American
kitchen. She has a gas stove, a very expensive
electric refrigerator, a microwave, a toaster, an
electric can opener, dishes, stainless steelware, an
electric skillet, as well as pots and pans. Due to
Margarita's generousity. Aunt Rosa has more than
her husband Guadalupe could ever provide and
probably more than she needs in her kitchen. Jesse
made it clear that the microwave only gets used
when her mom and she visit.
Another prominent feature in the kitchen is
several big waler jugs. Aunt Rosa is not wealthy
enough to afford water all day long. So from 6
a.m. to 10 a.m., baths must be taken, the garden
watered, clothes washed, and all the water jugs
filled. The other 20 hours of the day, there is no
running water in Aunt Rosa's house. This also
explains the common habit of having to take a
pitcher of water with you when you go to the
outhouse. When you are finished, you must pour
the pitcher of waler down the toilet so that
everything will be washed into the cess pool. Jesse
assure.s me that there is no odor.
Their diet consists of refried beans and tortillas
at every meal. At breakfast, they always have
refried beans, tortillas, and eggs. At lunch they
will have potatoes and rice or a pasta dish with
refried beans and tortillas. Finally at supper, they
will have beef, pork, or chicken along with
potatoes and rice, a pasta dish, or noodles with
refried beans and tortillas. Their diet is
supplemented by fresh vegetables grown in their
own garden or purchased elsewhere.While the diet
may be boring, what I found interesting was the
shopping process. There is not a grtKcry store or

26

�Refugio, plays dancing music most of the night.
Sixteen local men play their guitars, drums,
electric pianos, clarinets, trumpets, and flutes. The
local men come to the dance in their best boots,
jeans, and shirts, while the women adorn
themselves in brightly colored dresses. The
preparation that the women go through before
these dances is, according to Jesse, like getting
ready for prom. There is food and drink at the
dances and everyone from the village is there as
well as local farmers and occasionally some young
men from another village. Children also run about
playing games or dancing. In many households
the men have come home from working
elsewhere, which increases the importance of
these events.
Social unity is also centered around the local
soccer team. El Refugio has its own football
stadium and every year the men of the village try
out for the local team. Everybody votes on who
will be on the team so there is little chance of
making the team unless you are a good player.
They play all year round as the weather in El
Refugio is fairly mild. They do not play for
trophies however. If they win, the village people
will donate money and supplies for a big party. A
pig will be roasted and the dance that night will be
extra special.
Drama can be found at Aunt Rosa's house in
the form of movies which Margarita has copied in
the United States and sent to her. They play these
movies on a VCR and TV which Margarita has
also purchased and brought to Mexico. Aunt Rosa
can also pick up four TV channels from
Guadalajara. There are also theatres in the bigger
city which play American movies with subtitles.
Poetry and music can also be found on the
buses which take Aunt Rosa to Tala. Seven to 10
year old boys take their guitars onto the buses and
play Corridas or folk songs to the passengers in
exchange for coin from appreciative listeners. In
Guadalajara, those who are interested can also see
American bands in concert as well as Mexican
bands. On Jesse's last visit this summer. Bon Jovi
and Michael Jackson were both in concert in

Guadalajara.
The social relationships in El Refugio center
around the nuclear family. While Aunt Rosa has a
brother Manuel who lives in El Refugio, Manuel
lives in a separate house with his family. Within
his family, Guadalupe is the master. He owns the
one acre of land that their house sits on and if he
were to die, ownership would pass to his 13 year
old son Gustavo. Though Aunt Rosa might retain
control of the household and the house in trust,
since Gustavo works be is old enough to own
property. Gustavo would also become the man of
the house if Guadalupe were to die and he would
have all the rights that Guadalupe had within the
walls of the family house.
Guadalupe's mastery can best be illustrated by
a situation which currently exists in their
household. Norma, his sixteen year old daughter,
is pregnant. The father of the child refuses to
marry her. Guadalupe does not know this yet, but
when he finds out, Norma will be forced to leave
the house. This type of behavior is unacceptable
and disrespectful to her parents. In El Refugio, it is
not proper for a young girl to have sexual relations
and get pregnant, even though it is okay for a
young man to do so. If she dt)es get pregnant there
must be a wedding soon. Even after marriage, it is
socially acceptable for a man to have relations
with someone besides his wife.
This double standard applies to divorce also. A
marriage in Mexico can be ended simply by going
to a lawyer and having the papers drawn up and
signed by the one seeking the divorce. There
doesn't have to be a reason. The consequences for
the man are minimal. Since the man builds or buys
the house for his wife, though, the woman is left
with the house. The consequences for the woman,
however, include ostracism, inability to find
someone willing to marry her, and social disgrace.
The common belief is that the woman who is
divorced by her husband is not a good wife or
mother, is a poor housekeeper or cook, or has been
sleeping with someone besides her husband.
The women, once they have children, are
confined to the house and the care of the infant

27

�child. From birth to one year, the main
nourishment for the baby is breast milk. After that
the baby is fed table fixxl which has been cut up or
mashed to make it more edible as well as milk in a
bottle. This is supplemented with banana water or
lemonade. There is no formula for babies and
while there is Gerber baby food in Tala, Jesse
informs me that it is usually covered with dust.
Cloth diapers are used instead of disposable one.s
even though the supermarket in Tala has
disposables. The disposables are too expensive
and are only used on long trips.
Outside the family, social control centers
around the policia. Jesse says that El Refugio is
very peaceful however. Guadalupe when not
working in the fields is an assistant policia but
does not need a gun. Urinating in public is the
most common offense and gets the offender a fine
of a I(X) pesos or a night in jail. The policia is
probably most busy during the weekend dances.
There is only one elected official in El Refugio
and that is the Presidente de la Junta, similar to a
repre.sentative. This person represents the village
when dealing with the federal government,
attempting to get funding for local projects.
Electric and water bills are paid in Tala and the
post office is in Tala also. In Mexico, you must
pay not only to send mail but to recieve it a.s well.
Religion and superstition are very important in
El Refugio. The Catholic church Is slightly smaller
than St. Anthony's in Casper and unlike the homes
of the village is of brick construction. It is very
plain with drapes along the walls, no adornments
except for plates of the Ten Commandments along
the walls and the crucifix, and no stained glass
windows. The bell tower serves as the town clock
with the bell being rung every 15 minutes during
the daylight hours. Mass is held every Sunday at
6:00 a.m. and everyone in town, with the
exception of the few Jehovah Witness who live in
the village, is there. The religious calender is filled
with Saints' days and individuals with a Saint as a
namesake celebrate their birthday on the date of
their birth as well a.s on the Saint's day.
Besides weddings, the Quineenera is a major

celebration which also lakes place in the church.
This fifteenth birthday mass is by invitation only
and is the coming of age for young boys and girls.
The boy coming of age has 12 friends
accompanying him with each adorned in tuxedos.
Thirteen girls dressed in white, mostly friends and
relative, are also part of the ceremony. If it i.s a
ceremony for a girl, there are still 13 girls and 13
young boys participating. They participate in mass
for the first time as adults and then afterwards hold
a celebration feast paid for by the young adult's
parents and Godparents. The main course for this
celebration is again a roasted pig.
In El Refugio, the family works collectively.
Guadalupe works in the cane fields cutting cane in
December and in the com fields of a local farmer
(possibly corporate or national) in the summer.
He plants com using a dibble stick and harvests it
by hand. These two jobs both pay about 200 pesos
a week. This is about the most any laborer makes
in El Refugio. Gustavo works at a leather factory
in Guadalajara, making about 30 peso.s a week.
Part of this money goes to the family. The other
children help around the house and in the garden.
Only Josephine and Jorge are in school. Jorge is in
a free public grade school and Josephine is in
secotuJaria school which is not free.
Their knowledge of the outside world is
limited. What they do know they learn from the
evening news and their impression of the United
Slates is probably influenced by the movies on
video they watch. When Margarita and Jesse visit,
they do not have to answer many questions about
the United States. Jesse is usually the one filled
with questions about the different things that she
sees.
They seem to live very much in the present.
Life insurance is unheard of and they do not have
savings accounts. They are thankful they have jobs
and a good garden. They work collectively to raise
their standard of living but are not concerned with
what they don't have. They seem to emphasize
“being” as compared to “becoming.” With the
exception of Josephine, who is continuing her
education and would maybe like to design clothes.

28

�none of lhem have any plans for the future.
In El Refugio, the nuclear family is the most
important building block of daily life and the
village is the second. The family works
collectively and, if their standard of living goes
up, it is through their collective efforts. They seem
to enjoy life and find many reasons to celebrate.
Whether it is a birthday (almost everybody has
two), a victory on the soccer field, a wedding, or

Quincenera, a roasted pig and celebration is the
result. The.se celebrations come about by everyone
contributing money or food to the event. Every
weekend, the men come home and a celebration
ensues with food, drink, and dance. Their is both
family unity and village unity. El Refugio is truly
a refuge of peace in a world which seems filled
with turmoil.

29

�When to Leam a
Second Language
By Shelly Carpenter
Course: Foundations of Education
Instructor: Charlene Davis
Assignment: Do a research paper on an educational topic of your choice.

advantage of children over adults in second
language acquisition.
Methods used by children to learn a second
language are numerous and depend on such things
as learning style, age, and desire (Ovando and
Collier 59). It is commonly accepted that there is
a natural language acquisition process that all
children go through when learning a language,
whether it is their mother longue or not (Ovando
and Collier 59. Hatch 952. Robinett and Schachter
316). Children tend to focus on the message,
rather than the fomi. when using a new language.
This is to be expected, and thus accepted by the

There is evidence to indicate that developing
proficiency in a second language may be
dependant upon the age of the learner. This poses
an interesting question for parents who may wish
to expose their children to another language
during early childhood. Should parents encourage
their children to participate in second language
courses throughout childhood and adolescence or
is it to the benefit of the student to leam a second
language as an adult? In this paper I will compare
child learners with adult learners of second
languages and contrast their methods, abilities,
and difficulties, in order to determine if there is an

30

�“blue cat.” The second student then holds up
another block and says “red cat.” The first student
may then use the color red to name another block.
He will make a mental leap and then hold up a
block with a dog on it and say “red dog.” This is
scaffolding.
The ability of a child to learn a second
language can be linked to their cognitive level of
achievement. The child's rate of acquisition will
normally reflect their rate of cognitive growth
(Hatch 119-120). For instance, if a child can not
understand the definition of “democracy” then
they probably won't add that word to their
vocabulary. This explains why school age
children may learn a second language quicker than
preschool age children (Hatch 196). It may appear
that children become more proficient in their
second language than do adults (Robinett and
Schachter 322). Perhaps this is because of their
miniature conversations and interactions with
adults and their smaller simplified vocabulary
with respect to cognitive development (Hatch
192). Children usually master the pronunciation of
a new language quite easily (Ovando and Collier
65). Unfortunately, there is the likelihood that
unless children are constantly exposed to both
their first and second language, balance will not be
achieved and in many cases the less dominant
language is lost or replaced (Hatch 191).
Difficulties can be assessed using error
analysis. Errors in speech or comprehension may
be the result of cognitive and conceptual
development, or the lack thereof. Errors made by
children learning a second language are similar to
those made in first language acquisition.
Additional learning strategies account for some
slight differences. This means that most errors are
the result of developmental growth and not first
language interference (Robinett and Schachter
316-317). However, the results of various studies
show that the first language of the student can
make a difference in the amount and type of errors
made while acquiring a second language (Hatch
103). This implies that some languages are harder
to learn than others. Error analysis studies have

teacher as part of the natural acquisition process
used by children. Correction of the student follows
in a discrete manner (Ovando and Collier 60). For
instance, a child may say “i eated bananas this
morning” to which the adult may respond “You
ate bananas this morning? Did you like the
bananas?” Terrell's Natural Approach (1981) is the
most prominent method to be defined in detail as
an approach for use with children This approach is
based on a child's natural acquisition process:
“As basic interpersonal communicative skills
(Cummins' BICS) are developed, cognitiveacademic language proficiency (CALP) is
increasingly taught” (Ovando and Collier 77).
This type of natural exposure in early childhood,
if continued, may lead to a higher proficiency in
the language superior to what most can achieve
when beginning in adulthood (Hatch 196).
Other methods that children use in second
language acquisition may include fast mapping,
code-switching, and scaffolding. Fast mapping is
one way a child may rapidly acquire vocabulary,
after one or two exposures, by using information
already known to fit the context (Flavelt, Miller,
and Miller 301). For example, if there are two
books on a table and the child is told “bring me
the turquoise book, not the red one, the turquoise
one” then the child may infer that since red is a
color, and he recognizes the red book, that the
other book must be of the color called turquoise.
Code-switching, or rule-governed language
alternation, may be used by students when they
are speaking about different situations
simultaneously or to two, or more, people in
different contexts (Ovando and Collier 87, Genishi
and Dyson 125). When a child asks her mother for
help with homework in English, but then next
speaks to her father about the evening meal in
Spanish, she is using code switching. Scaffolding,
building on the vocabulary already learned by
using objects that can be talked out with a partner
or teacher, is another method commonly used by
students (Genishi and Dyson 125). Two students
may be playing with blocks. The first student
holds up a block with a blue cat on it and says

31

�and Collier 60). Actually adults may move
through the initial stages of second language
learning faster than children but at some point the
child will catch up and surpass the adult in their
rate of acquisition (Hatch 196). Adults frequently
produce and keep an accent, and normally have
moderate problems with pronunciation as a result
(Ovando and Collier 65). Adults do not replace
their first language with their second, even when
the second language becomes the one most often
used (Hatch 191). For instance, when an
immigrant family from China moves to America,
the young children will frequently forget the
Chinese language if it is not spoken in the home.
However, adults do not forget their first language
when they learn a second.
Difficulties, represented by error analysis, are
not affected by cognitive and conceptual
development due to the cognitive maturity of the
adult (Robinett and Schachter 316). Errors made
by adults while acquiring a second language do
not follow the same path as a first language
learner's errors but, instead, are similar to errors
made by children during second language
acquisition (Robinett and Schachter 317). This is
because second language learning requires some
additional strategies. However, interference from
the first language of the adult accounts for as
much as 8 to 23 percent of the grammatical errors
made in the second language (Ovando and Collier
65). Avoidance behavior, on the part of the adult
learner, to reduce the amount of errors has been
the subject of research by Howard H. Kleinmann.
He names various ways in which the speaker may
avoid or simplify certain topics in an attempt to
compensate for a lack of vocabulary knowledge or
hesitancy in assuming the correct form of a
message (Robinett and Schachter 363).
By comparing the methods, abilities, and
difficulties experienced by children and adults
during second language acquisition the advantages
and disadvantages of learners can be viewed with
regard to age. When the methods of children and
adults are contrasted it becomes apparent that the
adult is limited by the more rigid instructional

shown that 4 to 12 percent of grammatical errors
made by children can be traced to their first
language (Ovando and Collier 65).
The methods that most adults employ in
acquiring a second language are dependant on
such things as income, need, and resources. It
seems apparent that there is a natural order of
acquisition for second language learning used by
adults, also (Robinett and Schachter 316). Adult
learners tend to focus on form and may depend
heavily on formal instruction (Ovando and Collier
60). Adults will mentally construct a sentence into
proper form before they speak. Many times, if
they can’t remember the correct form, they just
won't say anything at all. Formal instruction will
usually take the syllabus form of structural/
grammatical, situational, or a combination of both,
notional-functional (Ovando and Collier 78).
Recycling or spiraling, found in the notional
functional syllabus, is one way students may
return to lower levels of a course to reuse their
new information, building increasingly complex
conceptions in language (Ovando and Collier 80).
For instance, when past or future tenses are added
to the vocabulary an instructor may have the
students use this new information to rework a
previous assignment. Informal language
acquisition by adults may be through complete
immersion, or by newspaper, television, radio,
tapes, and videos.
Adult abilities do not reflect cognitive growth
since it is assumed that adults have attained
cognitive maturity. Adults may easily add the
word "democracy” to their vocabulary because the
abstract concepts of the definition are understood
by the adult. In this context it is then apparent that
the rate of acquisition is linked to the linguistic
strategies of the learner (Hatch 220). It is usually
assumed that adults are not as proficient In their
second language when compared to children
(Robinett and Schachter 322). Adults may appear
less successful in becoming fluent because of the
wide range of interactions that they are involved in
and the more advanced vwabulary that adults use
when speaking to each other (Hatch 192, Ovando

32

�errors made by adults. In addition, adults are
hampered by their constant striving for perfection
that leads to suppression of language use, and
therefore learning. It seems reasonable to conclude
from these evaluations that children clearly have
an advantage over adults when it comes to second
language acquisition.
Learning a second language may be more
difficult for some than for others. The age of the
learner seems to be the main determining factor. I
believe that second language courses should be
viewed by parents in the same way as music
lessons, dance lessons, or sports practices are. A
second language is an important asset in today's
society and, with respect to the future, a more
practical investmemt of time and a talent that all
children possess. Looking at it from an adult's
perspective. I would rather have learned a second
language as a child than to have fumbled through
it as I have in adulthood.

requirements that stress form over content and
their own expectations for perfection. The child
may be free of inhibitions and be given more
patience by the instructor with regard to form.
When the abilities of children and adults are
paralleled it seems obvious that children may be
hindered by their lower level of cognitive
achievement. Adults may actually accumulate
vocabulary at a faster rate. Yet children who begin
acquisition by way of a natural ongoing process of
exposure will achieve long term proficiency
surpassing those who begin as adults. It is also
apparent that children have fewer problems with
the pronunciation of the vocabulary in their new
language, whereas adults will frequently develop
an accent. After the difficulties are assessed, it is
again seen that children are detained by their lack
of cognitive maturity. However, grammatical
errors by children caused through interference
from the first language are noticeably less than the

Works Cited
Flavell. John H.. Patricia H. Miller, and ScoU A. Miller. Cognitive Development. New Jersey: Simon &amp; Schuster, 1993.
GenisJii, Celia, and Aime Haas Dyson, htnguage Asseument in lite Early Yearx. New Jersey: Albeit Publishing Corporation, 1984.
Hatch. Evelyn Marcussen. Pxycholiniiuisiics ■ A Second Language Perspective. Massachasetts: Newbury House Publishers, 1983.

Ovando. Carlos J., and Virginia P. Collier. Bilingual and ESL Classrooms • Teaching in Mubieullural Contests. New York: McGraw-Hill, Inc., I98S.

Robinett, Betty Wallace, and Jacquelyn Schachter, Editors. Second Language Learning ■ Contrastire Analysis, Error Analysis, and Belated Contests.
1983. Michigitn:The University of Michigan,

33

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•

Humans and the Great Apes
By Ward Widger
Course: Physical Anthropology
Instructor: Dr. Barbara Mueller
Assignment: Choose a controversial issue in physical anthropology or archaeology and
discuss the various theories regarding this topic.

very closely related genetically to the two species
of African apes and that all three belong in one
family (Gibbons/376). No one really contests the
fact that humans, chimps and gorillas split from
orangutans as long ago as 35 million years; rather
the debate is whether chimps and humans split
from gorillas first, or whether humans split from
chimps and gorillas. The question I have
attempted to answer is “Are humans more closely
related to chimps or gorillas?”
This question must be approached from two
areas of inquiry: behavioral and physiological. Do
humans behave more like chimps or gorillas, or is
human behavior distinct and equidistant from
both? Is the human organism more like the

Thai apes and humans share a common
ancestry is pretty much a given in our present
understanding of the evolution of superfamily
Hominoidea. What is not so universally agreed
upon is the order in which the species of the
family Pongidae, the great apes, separated from
the family Hominidae, humans of the present and
the past. There is a debate going on which began
in the early l960'.s about the validity of the
conventional taxonomic classification system that
puts humans in one family, and chimps, gorillas,
and orangutans into a second family. Research
begun by Morris Goodman of Wayne State
University based on cross reactions between
immunologic blood proteins suggested humans are

34

�organism of the gorilla or the chimp, or is it too
different from either to make a theoretical
comparison? Finally, do the behavioral and
genetic approaches agree? As Eugene Linden
stales in the National Geographic article, “A
Curious Kinship: Apes and Humans,” “Perhaps
the first place to look for apes is within ourselves.
Little wonder that we feel this sense of
recognition. In anatomy and behavior they are our
closest relatives (Linden/10).
First, then, what are the behavioral similarities
and differences between the great apes and
humans? Most of the data which provides our
store of knowledge concerning the behavior of the
great apes comes from the pioneering efforts of
three women: Jane Goodall, Dian Fossey, and
Birute Galdikas. They were the first to study in
detail and document the behavior of chimpanzees,
mountain gorillas, and orangutans, respectively.
From these studies we know that the orangutan,
found only on the islands of Sumatra and Borneo,
lives a largely solitary existence, spending most of
his lime feeding high In the trees, while both
chimps and gorillas live a more social life in small
to moderately large groups. The size of the groups
is largely limited by the amount of available foods.
Humans also live a social life, but due to the
increased size of the human brain, which is 2 to 3
times as large as the brain of any of the great apes
and more complex, giving us a greater ability to
reason and communicate (Linden/27), the size of
our groups are not limited so much by the
availability of foods.
One difference between the chimps and the
other great apes is that chimpanzees have been
observed using tools, such as termite sticks, and
pieces of wood and rocks to crack nuts. Chimps
use the termite sticks by poking them into the
termite's nest, causing the termites to attack the
small slicks in defense of their nests
(Goodall/536). This provides the chimps with a
tasty snack, and a source of protein. In addition to
using termite sticks and nulcracking implements,
chimps have been observed in the process of
leaching these techniques to their young. In

contrast to this, the lowland gorilla, when he wants
a snack of termites, has been observed to kick the
top off termite rounds.
Another difference between the chimpanzee
and the other great apes is that chimps hunt
together.
“The Tai forest chimps also hunt cooperatively.
A dominant male often leads a group of males to
surround and kill red coIobus monkeys, the
hunters then share the meat with the larger group.”
(Linden/23).
Humans also work cooperatively to obtain
food, both by hunting and in agricultural
endeavors. In contrast, gorillas, although they live
and search for food together, do not seem to
cooperate in acquiring their food.
Contrary to myth and legend of the gorilla as a
fearsome, aggressive beast, the research of the
mountain gorillas by Dian Fossey indicates that
gorillas are docile creatures, who will vacate a
territory rather than fight to defend it. The chimp,
however, has been documented to defend territory
from encroachment by a neighboring group.
Humans, likewise, have a well documented
history of territoriality.
Although there are many similarities between
the behaviors of humans, chimps, and gorillas,
from caring for the children of each group for an
extended period compared to other species of
animals, to a hierarchy of authority in each
society, it appears that behaviorally chimps are
closer to humans than to apes. This seems
especially apparent in the case of the bonobo, or
pygmy chimpanzee. This chimp, which has been
regarded as a separate species since the 193O’s, has
been observed to use sexuality as a means of
socialization and reduction of group tensions
(Ingmanson/32). This indicates sex serving a more
than biological function, which is certainly the
case with humans.
The second area of inquiry into the similarities
and differences between gorillas, chimps, and
humans deals with the physiology of the three
species. Research has been conducted in several
areas to determine whether chimpanzees are more

35

�to bond again. By measuring the readiness with
which separated strands from one species attempt
to bond with strands from another species, an
estimate of the similarity between the two species
can be made. Additionally, the affinity between
strands can be measured by the amount of heat
necessary to break them apart again once they
have bonded. The results of DNA hybridization
agree with results of other genetic tests. The
difference between Old World monkeys and
humans is expressed as a difference of 9 units;
between orangutans and humans as 4.5; between
gorillas and humans as 2.5; and between chimps
and humans as 2.4 (Feder/175). In 1984 Charles
Sibley and Jon Ahlquist, both then of Yale,
published DNA hybridization data which
demonstrated that not only are humans closely
related to the apes, but additionally that chimps
actually have more in common with humans than
with gorillas (Gibbons/376).
Yet another method of genetic comparison uses
mitochondrial DNA: DNA found in organelles
outside the nuclei of cells. The mitochondrian is
the cytoplasmic organelle that processes energy
for the cell, and its DNA includes genes for
ribosomes, transfer RNAs, and energy-processing
enzymes (Gibbons/376). The mitochondrial DNA
is especially suited for research of this type
because it accumulates mutations at five to ten
times the rate of nuclear DNA, and this rate of
mutation is fairly constant. Also the mitochondrial
DNA is passed directly from mother to offspring
without change. Although both sperm and eggs
contain mitochondria, only the egg passes on the
mitochondrian (Feder/296). Data from
independent research teams in the United States
and Japan is consistent with a growing body of
results based on nuclear DNA sequences. The data
from mitochondrial DNA studies indicates that
chimpmnzees have more in conmon with humans
than they do with gorillas (Gibbons/376).
The evidence is by no means all gathered
together at this time. The debate continues about
our ancestry and our relationship to the great apes.
However, the preponderance of evidence does

closely related to humans or to gorillas. These
studies in such areas as comparisons of blood
proteins, DNA hybridization, and analysis of
mitochondrial DNA have generated some
interesting data. All of these studies fall under the
general heading of “molecular systemnatics,”
which is based on the idea that two organisms
with similar genes must be closely related
evolutionarily (Feder/173).
Vincent Sarich and Allan Wilson of the
University of California at Berkeley conducted
research in the 1960s in which they compared
blood proteins of several organisms for the
purpose of noting similarities and differences.
Blood proteins are large, making them easy to
work with, and are composed of amino acids,
which are direct products of genetic loci.
The degree of similarity between various blood
proteins was indicated by an index number, with a
protein being compared with itself indicated by a
figure of 1 unit, since they are identical. Human
blood protein compared with blood protein of a
cow yields an index number of 20; with an Old
World monkey, an index of 2.38; and with a
chimpanzee, 1.17 units (Feder/174). This indicates
that humans and chimpanzees are closely related
genetically, which likely means that we share a
common ancestor, and also that the split between
the two species is not too far in the past,
evolutionarily speaking.
In another study using blood proteins, Morris
Goodman of Wayne State University cast a
shadow upon the conventional taxonomic
classification system which puts humans in one
family and chimps and gorillas in a second family.
His work, which was based on cross-reactions
between immunologic blood proteins, indicated
that humans are very closely related to both
gorillas and chimpanzees, and that all three
belong in one family (Begun/1929).
Another method of comparing genetic
similarity is DNA hybridization. In this method
the strands of the DNA double helix are broken
apart by heating. Because the loci of the DNA
molecule are paired, the separated strands will try

36

�that humans will evolve in their thinking and
attitudes, to the “dignity, equanimity, and
aloofness” of the gorillas, to quote John Aspinall,
who maintains Howletts, a private zoo outside of
Canterbury, England.

seem to indicate that, at least physiologically,
humans seem to be closer to the chimpanzees than
to the gorillas. Behaviorally, humans seem to be
closer to chimpanzees than to gorillas, at least in
(heir social aspects such as territoriality, and
aggression towards outsiders. One can only hope

Bibliography
Begun, D.R. (1992. Sep(ember 25). Miocene fossil hominidsand the chimp-human clade. Science Vol. 2S7, No. 5078. pp. 1929-33.
Feder. K.L., Park, M.A. (1993). Human antiquiiy-An introduclitm to physical anthropology and archaeology. (Second Edition. ) Mountain View:
Mayfield Publishing Company.

Gibbons, A. (1990. October 19). Our chimp cousins get that much closer. Science Vol. 250, No. 4979. p. 376.

Goodall. J. (1986). The chimpanzees of Combe: Patterns of behavior. Cambridge: The Belkamp Press of Harvard University Press.

Ingmanson, EJ. &amp; Kano. T. (1993, Nov.-Dec.). Waging peace. International Wildlife, pp. 30-37.
Linden, E. (1992, March). A curious kinship; Apes and humans. National Geographic Vol. 181, No. 3. pp. 2-45.
Morris, D.

The naked ape: A zoologist's study of the human animal. New York: McGraw-Hill Book Company.

37

�Faith, Religion and Spirituality
in Children’s Literature
By Karla Pellatz
Course: Child Psychology
Instructor: Dr. Ruth Doyle
Assignment: The major assignment for the course is applied research based on one of the
seven research designs discussed in class.

ABSTRACT
Literature written for children over a twenty year period was surveyed for reference to faith, religion, and spirituality. The books
surveyed were works of contemporary realistic fiction that received Ncwbery Awards or Honors from 1974 to 1993. The researcher
read each book and completed a questionnaire for it, noting its references to and attitudes toward faith, religion, and spirituality. Also
noted was the race of the characters involved. This information was compiled and analyzed. Results include the following; a higher
percentage of the books written between 1973 and 1982 contained references to religion than books written between 1983 and 1992.
Of all the books surveyed, 88% contained some reference to religion, while only 41% contained reference to faith, and 27% contained
reference to spirituality.
References to religion were .significantly more likely to be negative than were references to faith or spirituality. The researcher also
noted possible racial bias in the quantity and quality of references.

38

�literature over a twenty year time period.

Introduction

Limitations
1. Subjectivity - Determination of attitudes is
based on the researcher’s subjective evaluation.
2. Availability of Literature - One book that
should have been included in the study was not
obtainable within the lime frame of the study.
3. Selection Bias - For purposes of
manageability, the study was limited to books that
had been awarded Newbery Medals or Honors
between 1974 and 1993, and that fell into the
classification of contemporary realistic fiction.
This intact group is not a random sampling of
children's literature published over that time
period, nor is it a random sampling of
contemporary realistic fiction published over that
time period.
4. Mistakes in Classification. The divisions
between the genre of contemporary realistic
fiction and other genres, such as historical fiction
and fantasy, are sometimes vague. Because of this,
it is possible that some books were included that
should have been excluded or were excluded that
should have been included.

Literature written for children over a twenty
year period was surveyed for reference to faith,
religion, and spirituality. The books surveyed were
works of contemporary realistic fiction published
between 1973 and 1992 that received Newbery
Awards or Honors from 1974 to 1993. The
researcher read each book and completed a
questionnaire for it, noting its references to and
attitudes toward faith, religion, and spirituality.
Also noted was the race of the characters
involved.

Statement of the Problem
The problem of the research was to study the
attitudes toward faith, religion, and spirituality
found in children's literature over a twenty year
period.
Rationale
A primary value of children’s literature is that it
helps children understand and cope with events
occurring in their own lives. Contemporary
realistic fiction, as a genre, is especially useful for
this because in it the gap between fiction and
reality is the narrowest. When children read about
characters who experience emotions similar to
what they themselves are experiencing, their
emotions are validated and become more
comprehensible. Children who can identify with
characters in books feel less alone in their
struggles and reactions. If one accepts the premise
that faith, religion, and spirituality are valid
resources that children can and do use to help
them cope with their problems, then the content of
children's literature in this area is significant, as it
will either strengthen or weaken, validate or
invalidate, a child's use of these resources.

Operational Definitions
Religion; An organized body of thought
expressing belief in and reverence for a
supernatural power or powers.
Faith: A pattern of personal trust in and loyalty
to a religion or other center of value.
Spirituality; A sense of belonging to or being a
part of something greater than yourself.
Children's literature: Literature written for an
audience that is 18 years of age or younger.
Contemporary Realistic Fiction: Children's
literature in which plot, characters, and setting are
consistent with the contemporary world. For
purposes of this study, the books must be set
within the time frame of the last 40 years.
Christianity: The religion based on Jesus and
his teachings.
Incidental Reference to Faith, Religion, or
Spirituality: Faith, religion, or spirituality is
referred to in the book, but ha.s little or no impact

Null Hypothesis
There is nothing of significance about attitudes
toward faith, religion, and spirituality in children's

39

�on plot or theme.
Significant Reference to Faith, Religion, or
Spirituality: Faith, religion, or spirituality plays a
significant role in the book's plot or theme.

The results of the study reject the null
hypothesis of the study. Several items of
significance were found regarding the attitudes
toward faith, religion and spirituality in the sample
of current children's literature surveyed.
As shown in Table 1, 100% of the surveyed
books published between 1973 and 1977
contained some kind of reference to religion, as
did the books published between 1978 and 1982.
67% of the books published between 1983 and
1987, and 80% of books published between 1988
and 1992 contained references to religion. Table I
also shows that throughout the time period
studied, significantly more books contained
references to religion than to either faith or
spirituality.
As shown in Table 2, incidental reference to
religion is the most common type of reference,
while incidental references to faith and spirituality
were found relatively infrequently. Significant
references to faith, religion, and spirituality were
virtually equal in number.
Table 2 also shows that while none of the
books depicts a main character's personal faith or
spirituality as being a negative force in his or her
life, 33% of the books that include significant
reference to religion depict the main character's
personal religious beliefs as negative or unhelpful.
Of that same group of books, 33% also include
religious supporting characters who have a
negative impact on the main character.
Table 3 shows what percentages of the books
surveyed deal with While Americans, Black
Americans, Native Americans, and people of other
races. It also shows how each race is represented
in regards to faith, religion, and spirituality.
Because some books include people of more than
one race, percentages in each column do not
necessarily add up to 100%.
Table 3 is set up so that comparisons can be
made across each row. To the extent that a race is
depicted without bias in regard to religion, faith,
and spirituality, the percentages should remain
consistent across each row.

Methods/Procedures
Subject
The purpose of this study was to gain an
overview of the attitudes toward faith, religion,
and spirituality portrayed in recent children's
literature. For this study, the researcher compiled a
list of all books given the Newbery Award or
Honor in the years between 1974 and 1993, that fit
into the genre “contemporary realistic fiction.” Of
the list of thirty qualifying books, the researcher
was able to include twenty nine in the study. One
book was unobtainable.

Instrumentation
Appendix A includes a sample of the research
instrument used to evaluate each book, as well as
the actual raw data gathered.
Design
The design of the research is primarily
descriptive, in that it describes the current attitudes
toward faith, religion, and spirituality in the books
studied. It is also historical, in that these attitudes
are compared over a twenty year time period.
Procedure
To conduct the research, the researcher read all
available books from the study group. One book
that should have been included was not available
and so was not included. The books were read in a
quasi-random order. After each book was read, the
researcher filled out the information requested on
the research instrument. Once this was completed,
the information from the 29 copies of the
instrument was compiled and analyzed.

Results
40

�Table 4 deals with the types of religious
behaviors people of different races are depicted as
engaging in. Each "P" indicates an instance of the
specific behavior that is perceived in a positive or
neutral light by the book’s main character. Each
"N" indicates that the behavior was perceived as

5-year period

negative by the book's main character. Few
behaviors are recorded for Native Americans or
other races because the books surveyed only
included one about Native Americans and one
about Arabs.

Incidence of Faith, Religion or Spirituality over Time
Table 1
# of books of
# of books with
# of books with
contemporary
reference
reference
realistic fiction
ot faith
to religion

1973-1977

5

1978-1982

5

1983-1987

9

1988-1992

10

# of books with
reference
to spirituality

2
(40%)
1
(20%)
4
(44%)
1
(10%)

5
(100%)
5
(100%)
6
(67%)
8
(80%)

1
(20%)
2
(40%)
5
(56%)
4
(40%)

Impact of Faith, Religion, and Spirituality
Table 2

Incidental
Faith

Significant
Faith

Incidental
Religion

Significant
Religion

Incidental
Spirituality

Significant
Spirituality

Total books (29)

5
(17%)

7
(24%)

18
(67%)

6
(21%)

1
(3%)

7
(24%)

Faith, religion, or spiritualty
of the main character is a
positive or helpful force

1
(20%)

4
(57%)

1
(6%)

2
(33%)

0

6
(86%)

Faith, religion, spirituality of
the main character is a
negative or unhelpful force

0

0

0

2
(33%)

0

0

Supporting character who has
faith, religion, or spirituality has
a positve impact on main
character

2
(40%)

3
(49%)

4
(22%)

3
(50%)

1
(100%)

5
(71%)

0

1
(14%)

1
(6%)

2
(33%)

0

0

Supporting character who has
faith, religion, or spirituality has
a negative impact on main character

41

�Correlation Between Race and Incidence of Faith, Religion, and Spirituality
Table 3

Total books

29

#of books dealing with
White Americans

Books without

Books with

Books without

reference

reference

reference

Books with
reference to

Books without

reference
to faith

to faith

to religion

to religion

spirituality

spirituality

12

17

24

S

8

21

refererx» to

21

9

12

16

5

6

15

(72%)

(75%)

(71%)

(67%)

(100%)

(75%)

(71%)

0

# of books dealing with
Black Americans

Books with

9

3

6

9

(31%)

(25%)

(35%)

(38%)

0

# of books dealing with
Native Americans

« of books dealing with

other races

1

1

(3%)

(8%)

1

0

1

0

(4%)

(3%)

1

1

(6%)

(4%)

1

8

(13%)

(38%)

1

0

(13%)
0

0

1

(5%)

Correlation of Race and Religious Behaviors
Table 4
Race of People Engaging in Religious Behavior
Type of Behavior

Behavior based on religious beliefs

Belief in heaven
Church Attendance

White American

Black American

PP

P

N

N

Native American

Other

P

PPP
PPP

PPPPPP

NNNNNN
Feelinq a lack of religion

P

Feeling angry with God

PP

P

Gospel Music

P

PP

People of religious stature

PP

PP

N

Prayer - requests

PPPP

PP

P

N

Prayer • thanksgiving

P

P
N

Reading the Bible

PPP
____ NN_____________ —

Visiting a holy place

P

“P‘ indicates the main character has a neutral or postive perception of the behavior or person
*N* indicates the main character had a negative perception of the behavior or person

42

P

�Other results not included in the tables are the
following: Of the 18 books that refer to religion,
16 (88%) refer to Christianity, one (6%) refers to
Islam, and one (6%) is unclear as to specific
religion.
Of the 12 books that refer to faith, faith is
placed in Christianity three times (25%) and in
self three times (25%). Faith is placed once (8%)
in each of the following centers of value: the
goodness of humanity: responsibility to care for a
weaker person: responsibility to protect an animal
from abuse; non-racism; traditional culture; and
the ultimate triumph of good over evil.
Eight books refer to spirituality. In these,
spirituality is depicted in regards to some aspect of
nature three times (38%); twice (25%) to the
immortality of human beings; and once (13%) to
each of the following: God, a make-believe
kingdom, and goodness as opposed to evil.

evidenced on Tables 2 and 4.
5. Some racial bias, in regard to faith, religion,
and spirituality, is evident among the books
surveyed. As shown on Table 4, only one third of
references to white churches or white Americans
attending church are positive, while all references
to black churches or Black Americans attending
church were positive. In general, religious
behaviors of White Americans were more likely to
be negatively portrayed than those of Black
Americans.
Table 5 seems to indicate that White
Americans are the most likely of any race to have
no religion in their lives. Black Americans are
portrayed as having somewhat more religion, but
less faith or spirituality than would be statistically
expected.
These findings could be verified by surveying a
statistically valid random sampling of
contemporary realistic fiction published during the
time period studied. In the researcher’s opinion,
the need for such further study is indicated by the
result of this research.
If such studies were to be Initiated, the
researcher also recommends that the research
instrument be revised to provide for easier
compilation and analysis of the information
gathered.

Summary and Conclusion
The findings of this study are of limited
significance because the books surveyed were an
intact group. Furthermore, the 29 books surveyed
represent the works of only 20 authors. Within
these limitations, however, the following
conclusions can be drawn:
1. The books surveyed show a slight trend
toward more books with no reference to religion.
2. While references to religion are common in
the children's books surveyed, religion tends to be
treated a.s incidental, having little or no impact on
a book's plot or theme. In contrast, references to
faith or spirituality are relatively infrequent, but
are significant and influential aspects of the books
that include them.
3. Christianity is the religion depicted in
virtually all the books surveyed. The one book that
depicts Islam is set in the Middle East.
4. Faith and spirituality are almost always
represented as forces for good in people's lives.
Attitudes toward religion, or more specifically
Christianity, are far more ambivalent, as

Appendix A
Title:

Research Instrument
Author;

Year:

Religion
1. __ This book contains no reference or only
incidental reference to religion. (List any
incidental references)
2. __ Thi.s book contains significant reference
to religion. (Briefly explain)
3. What religion, if any, is portrayed?
Check any that apply:
4. __ The main character has a personal
religious belief.
5. __ The main character's religion is a positive/
helpful force.

43

�Spirituality

6. __ The main character's religious belief is a
negative/unhelpful force.
7. __ A supporting character who has a
personal religious belief has a positive impact
on the main character.
8. __ A supporting character who has a
personal religious belief has a negative impact
on the main character.

17. __ This book contains no reference or only
incidental reference to spirituality. (List any
incidental references)
18. __ This book contains significant reference
to spirituality. (Briefly explain.)
19. __ Describe the "something greater" with
which the character connects spiritually.

Faith

Check any that apply:
20. __ The main character has a personal
spirituality.
21. __ The main character’s spirituality is a
positive/helpful force.
22. __ The main character's spirituality is a
negative/unhelpful force.
23. __ A supporting character who has a
personal spirituality has a positive impact on
the main character.
24. __ A supporting character who has a
personal spirituality has a negative impact on
the main character.

9. __ This book contains no reference or only
incidental reference to faith. (List any
incidental references)
10. __ This book contains significant reference
to faith. (Briefly explain.)
11. __ What religion or center of value is this
faith based on?
Check any that apply:
12. __ The main character has a personal faith.
13. __ The main character's faith is a positive/
helpful force.
14. __ The main character's faith is a negative/
unhelpful force.
15. __ A supporting character who has a
personal faith has a positive impact on the
main character.
16. __ A supporting character who has a
personal faith has a negative impact on the
main character.

Additional Comments

44

�Separation Agreement
By Jenni Watson
Course: Family Law
Instructor: Mary Kuhichek
Assignment: Students were to draft a separation agreement for the law firm's client Wendy
Crane. This project would be drafted under the supervision of an attorney.

1.

2.

3.

4.

Introduction. Agreement between Wendy
Crane residing at 458 West 43rd Street,
Casper, and Henry Crane residing at 446 Apt.
#4, Casper, dated December 1, 1993, made in
Natrona County, State of Wyoming.
Date of Marriage. Wendy Crane and Henry
Crane were married in the City of Casper,
State of Wyoming, on June 6, 1977.
Children. There are two (2) children of the
marriage; Jennifer Crane, born on February
12, 1986, and Jake Crane bom on November
16, 1989. They are the only issuance of the
marriage.
Reason for Separation Agreement. The parties

5.

45

are now living apart and because of
irreconcilable differences between them
intend to continue living apart. It is the
Parties’ intention to enter into and abide by
this Agreement which determines the
financial, property, child custody and
visitation rights and obligations, and other
rights and obligations, which arise out of their
relationship.
Parties Represented by Attorneys. Each of the
parties has retained counsel. Wendy is
represented by Robert Wright, Esq. with
offices at 628 E. 2nd, and Henry is
represented by Michael Jones, Esq. with

i

�offices at I9()() S. Jefferson, Casper, WY. The
piirlies have been advised of their legal rights
and obligations as well as the terms and legal
effect of this Agreement by their own counsel.
Both parties agree this Agreement is fair,
equitable, just, and reasonable and fully
accept its terms and conditions.
6. Parties May Live and Work as if They Were
Single. The parties shall live separate and
apart. Each shall be free from the other’s
interferences and control a,s if he or she were
single and unmarried. Each may reside where
he or she desires. Each may engage in any
business, profession, or employment that he
or she chooses.
7. Ownership of Real and Personal Property.
Each party owns the real and personal
property that is now in his or her possession
or is in his or her name, regardless of when
acquired, free of any claim of the other with
the exception of the 1986 Chevrolet which
Wendy requests. Any personal belongings or
clothing of either party that is in the other’s
possession shall be returned as quickly as
possible.
8. Payment of and Liability for Debts. Wendy’s
debts are listed in schedule “A”. Wendy
Crane shall pay these debts. Debts incurred by
either of the parties after the date of this
Agreement shall not be the other party's
responsibility so long as such party complies
with the terms and conditions of this
Agreement.
9. Mutual Release of Claims Against Each
Other. The parties mutually release and
discharge each other and each other's heirs,
executors, administrators and assigns from
any and all causes of action and claims that
either now has against the other, by reason of
their relationship as husband and wife, or, for
any other reason, except for any cause of
action or claim arising out of this Agreement
or for an absolute divorce.
10. Release of Rights in Each Other’s Estates.
Neither party has any right to share in the

estate of the other or to be appointed Executor
or Administrator of the other’s estate. Thi.s is
a mutual waiver of each party's rights to elect
to receive his or her statutory share of the
other’s estate.
11. Execution of Additional Documents, Each
party will sign and deliver to the other any
additional writing or document that is
necessary to enforce or carry out the purposes
of this Agreement.
12. Custody of the Children. Wendy Crane shall
have sole custody of Jennifer and Jake Crane
during their minority, except as provided
elsewhere in this Agreement.
13. Right to Visit Children. Henry may visit
Jennifer and Jake subject to the following
conditions:
a. Visitation will take place at Wendy's
residence until January I. 1995. After
which date, Henry may take children to his
home. Over night visits will not resume
until January 1, 1996, or until Jennifer and
Jake show considerable interest in staying
with Henry overnight.
b. Pick Up and Return Children—Regular
Meals During Visitation. Upon January 1,
1995, Henry will pick up the children al
Wendy’s residence and will provide
Jennifer and Jake with regular meals
during the visitation. Henry will return the
children to wife’s residence upon the
completion of visitation.
c. Limitation of Visitation. Visitation is
limited to days at Wendy’s home until
January 1. 1995. Thereafter, visitation will
be limited to days at Henry's home. Upon
January 1, 1996 visitation will be extended
to weekends commencing at 5 p.m. on
Friday night and terminating at 5 p.m. on
Sunday.
d. Each Child to Be Visited at the Same
Time. All rights of visitation, including
vacation visitation rights, will be exercised
with both children at the same time unless
unusual circumstances, such as one child’s

46

�illness or absence, intervene.
e. Summer and Vacation Visitation Rights.
In addition to the other visitation rights.
Henry has the right to visit with the
children for 4 consecutive weeks during
the children's summer vacation beginning
after January 1, 1996, provided Henry is
also on vacation and provide.s continuous
personal supervision of the children.
Husband is not to exercise this right unless
he gives Wendy reasonable notice and
provided it does not interfere with the
children’s other activities during this
period.
f. Non-Interference With Children’s
Education and Religious Activities. No
visitation is permitted if it will interfere
with the children’s education or religious
activities or adversely affect the children’s
health or general welfare.
g. Notification of Illness or Accident. Each
party will promptly notify the other of any
illness, accident, or other incident
affecting one or both of the children.
h. Notice of Intent Not to Visit. Henry will
notify Wendy If he does not intend to
exercise visitation rights or will be late.
The purpose of advance notification is to
prevent disappointing the children.
i. Nothing to Estrange Children. Neither
party will do anything to estrange the
children from the other party.
j. Names of Children. The children are to
continue to be known by their present
given and family names.
k. Right to Visit Confined Child or Children.
If a child is confined because of serious
illness or injury, the party with whom the
child is confined shall allow the other to
visit the child at reasonable times.
l. Neither Child to Be Removed From the
State. Neither child will be taken outside
of the State of Wyoming by either party
without the other party’s prior written
consent.

14. Support and Maintenance of Spouse—Fixed
Sum. Henry will pay Wendy for her support
and maintenance the sum of $1083.00 each
month, starting January 1, 1994, and
continuing on the 5th day of each month,
thereafter.
15. Limitation of Spouse’s Support and
Maintenance Payments. Payments for Wendy
Crane's support and maintenance has been set
at $12,996.00 for three (3) years, as restitution
for staying home with Jake until he enters
school full-time and Wendy’s ability to
continue her .schooling.
16. Termination of Support and Maintenance
Payments. Payments for Wendy Crane’s
support and maintenance shall terminate upon
the occurrence of any of the following events:
a. Death. The death of either Henry or
Wendy Crane;
b. Remarriage. Wendy Crane's remarriage
even if such marriage is annulled or
terminated;
c. End of Obligation. Third year of
obligation is completed, January I. 1998.
17. Child Support. Henry Crane will pay to
Wendy Crane in addition to the payments
provided for her support and maintenance the
sum of $525.00 monthly per child for the
support and maintenance of Jennifer and Jake
Crane, the issue of this marriage. The
payments are to be made the 5th day of each
month starting January 5, 1994. Wendy agrees
that so long as Henry Crane makes the
foregoing payments on a timely basis, he shall
be entitled to the income tax exemption for
Jennifer and Jake Crane.
18. Children’s Medical and Dental Expenses. The
payments by Henry Crane to Wendy Crane
for Jennifer and Jake Cranes’ support and
maintenance do not include the cost of their
medical and dental care. These are Henry’s
obligations and Wendy will cause all bills
from physicians, dentists and other health care
professionals and facilities to be sent to Henry
Crane. Henry Crane shall carry any insurance

47

�in only during school vacations or summer
recesses. If the full-time employment
terminates before Jennifer or Jake Crane
reach the age of nineteen (19) years, child
support payments resume.
21. Method of Payment of Support and
Maintenance. All payment of support and
maintenance for Wendy, Jennifer and Jake
Crane shall be by cash, money order, bank
check, or certified check. When payment is
made by mail it shall be posted at least three
(3) days prior to the date on which the
payment is due, addressed to Wendy Crane,
458 West 43rd, Casper 82609, or such other
address as she may advise Henry Crane of, in
writing, from time to time.
22. Adequacy of Support and Maintenance
Payments. Wendy Crane acknowledges that
the support and maintenance payments
provided here and those provided for Jennifer
and Jake Crane are adequate and in keeping
with the living standards maintained by the
parties immediately prior to the date of this
Agreement.
23. Transfer of Marital Residence to Wife. The
parties presently own, in its entirety, the real
properly known as 458 West 43rd, town of
Casper, stale of Wyoming. Henry will convey
his interest to Wendy by quit claim deed
simultaneously with the execution of this
Agreement. In addition Henry Crane will
transfer to Wendy Crane the fixtures,
furnishings, and personal property listed on
Exhibit “B”, attached to this Agreement and
as referred to in Item No. 7 of this Agreement.
24. Maintenance of Life Insurance. Henry Crane
will maintain in full force and effect the
policies of life insurance insuring his life.
Henry Crane will maintain Wendy as
beneficiary of these policies so long as he is
obligated to make support and maintenance
payments to her. Jennifer and Jake will be
maintained as contingent beneficiary, or
prime beneficiary if Wendy Crane is removed
as prime beneficiary, of the policies with

necessary to meet these obligations as per
Wyoming Statute 20-6-401. Wendy will
notify and consult with Henry before Jennifer
or Jake Crane enter into elective medical or
dental treatment, such as plastic surgery or
orthodonture.
19. Costs of Children's Education. The payments
by Henry Crane to Wendy Crane for Jennifer
and Jake’s support do not include tuition
payments to private schools or colleges,
universities, professional schools, or trade
schools. Tuition payments of this nature shall
be made by Henry Crane, provided Wendy
Crane consults with Henry Crane before
Jennifer or Jake Crane enroll in a school and
the parties mutually agree upon the
advisability of Jennifer and Jake’s attendance
at such schools.
20. Termination of Child Support. Payments for
the support of Jennifer and Jake shall
terminate upon the occurrence of any of the
following events;
a. Reaching Majority. Jennifer or Jake reach
the age of nineteen (19) years, provided
they are not in full-time attendance in a
college, graduate school, or professional
or trade school;
b. Completion of Education. Jennifer and
Jake complete their college education
including graduate or professional school
or complete their trade school course;
c. Marriage. Jennifer or Jake marries, even
though the marriage is later annulled or
terminated;
d. Permanent Residence. Jennifer or Jake
establishes a permanent residence away
from Wendy Crane’s residence, provided
the residence was not established to attend
school or because of active military
service;
e. Death. In the event of the death of either
Jennifer or Jake Crane or Henry Crane; or
f. Full-time Employment. When Jennifer or
Jake Crane obtain full-time employment,
provided such employment is not engaged

48

�continue in full force and effect.
29. Law Governing Agreement. This Agreement
shall be governed and interpreted in
accordance with the laws of the State of
Wyoming. Wyoming statutes 1977.
30. Entire Understanding. This Agreement
constitutes the parties’ entire understanding.
They acknowledge that there have been and
are no representations, wananties, covenants,
or understandings other than those expressly
provided in this Agreement. This Agreement
is binding upon the parties’ heirs, assigns,
executors, and administrators.
31. Filing of Agreement with Public Official. This
Agreement or Memorandum of the
Agreement may be filed by either party with
the Clerk of Court, County of Natrona, State
of Wyoming.

equal interests so long as Henry Crane is
obligated to make payments for her support.
Henry Crane will have possession of the
policies and will deliver to Wendy Crane
proof of timely payment of all premiums
when made. Henry Crane represents that he
ha.s not pledged, hypothecated, or encumbered
any of the policie.s and will do nothing to
impair their full value.
25. Income Tax Returns. The parties will sign and
file joint federal, state and local income tax
returns for the year 1993. Any tax due shall be
paid proportionally and any refund shall be
divided proportionally. Wendy Crane agrees
to hold Henry Crane’s portion of any such
refund for him and release it to him upon
receipt. Wendy agrees to hold Henry Crane
harmless from any losses suffered as a result
of additional assessments of tax, fines, or
penalties arising out of audits of any income
tax return signed jointly by both parties at any
time prior to the dale of this Agreement.
26. Right to Sue for Divorce—Incorporation of
Separation Agreement in Divorce Decree.
Neither party shall be precluded from
obtaining a divorce. If a divorce action is
brought by either party this Agreement may
be offered into evidence and may be
incorporated in any decree or judgment.
27. Modification of Agreement—Effective
Waiver. This Agreement or any part of it
cannot be amended or modified except by an
Agreement in writing executed with the same
formality as this Agreement. Any waiver by
either party of a breach of any provision of
this Agreement will not prevent that party
from enforcing the provision thereafter. The
failure of either party to insist upon the strict
performance by the other party will not be
construed as a future waiver or relinquishment
of any such term or provision.
28. Illegality or Invalidity of Part of Agreement.
If any provisions of this Agreement is held to
be illegal or invalid, such holding shall not
affect the other provisions, all of which shall

IN WITNESS WHEREOF, the parties have
set their hands and seals this
day
of
, 19_.

Wife
Husband

(Acknowledgment)

49

�Schedule A — Debts

Exhibit

W.C.D.A.
Home Mortgage for 458 West 43rd Street Casper,
WY 82601
Amount Due:
$70,000
Incurred By:
Both Parties
To Be Paid By: Wendy Crane

I.

Real Property
Private residence located:
458 West 43rd Street
Casper, WY 82601
Mortgage Balance: $70,000

II. Personal Property
Upon moving out of the family residence,
Henry left the following property for Wendy and
the children. The following items shall be
considered the personal property of Wendy Crane:
Furniture etc.;

Discover Card
Miscellaneous Merchandise
Amount Due:
$3,500
Incurred By:
Wendy Crane
To Be Paid By: Wendy Crane
Mr. &amp; Mrs. Johnson
Loan from Wendy’s Parents
Amount Due:
$5,000
Incurred By:
Wendy Crane
To Be Paid By: Wendy Crane

Living Room/Family Room - sofa &amp; (2)
chairs, coffee table, (I) end table, (1) free-standing
lamp, (1) table lamp, 19” television set, VCR,
stereo &amp; speakers, and audio and video tapes.
Dining Room - dining room table. (4) chairs,
cookware &amp; tableware, and all appliances.

♦♦Wendy’s name shall be taken off any other
deeds, titles, credit cards, etc.

Bedroom - bed &amp; mattress, (1) chest of
drawers, (1) table lamp, clock/radio, jewelry, and
throw rug.
Children’s Bedroom - (2) twin size beds, (2)
chest of drawers, (1) play table, and (1) toy box.

Laundry Room - Washer and Dryer.

50

�Research Design
By Maureen P. Heim
Course: Educational Psychology
Instructor: Dr. Ruth Doyle
Assignment: This class project is applied research based on one of the seven designs taught
in educational psychology.

ABSTRACT
The researcher observed cartoons airing Saturday mornings and weekday afternoons, and the commercials during those cartoons.
While viewing the cartoons and commercials, the researcher documented the violent acts and the values shown in the programs. The
researcher found the cartoons to be extremely violent and with minimal values being expressed. However, a few cartoons and most
commercials relayed a message of non-violence and morality.

A.

1. Introduction
This project documents the Saturday morning
and weekday afternoon cartoons and the
commercials during this time period. The
segments of cartoons were timed and each act of
violence was documented. The values of each
show, if any, were also recorded.

Statement of the Problem

The problem of the research was to describe the
amount of violence and interpret the quality of
values found in Saturday morning and weekday
afternoon cartoons and in the commercials during
their air time.

51

�B.

E. Operational Definitions
Violent Acts - hitting, kicking, blowing up,
shooting, running over, pushing, throwing
someone, and degradation (name-calling, yelling
at because of failure)

Rationale

The purpose of this study was to enable the
researcher to become more aware of the television
cartoons that children are watching. The
researcher believes that in order to associate with
children one needs to know about their interests
(e.g., cartoons). This was an empirical study or a
study based on fact.

C.

Segment - length of cartoon show

Values - that which is considered important and
worthwhile to an individual or society; if rated
"high" in value, it is of great worth and vice versa.

Null Hypothesis

There is nothing of significance regarding the
amount of violence and quality of values in
cartoons, or the commercials airing during the
showing of cartoons.

D.

IL Methods &amp; Procedures
The researcher recorded Saturday morning and
weekday afternoon cartoons and the commercials
aired during this time. The networks recorded
were FOX, USA, FAM TV, ABC, CBS, and
Nickelodeon. The researcher then watched and
timed the segments of cartoons. The violent acts
were then recorded and described. The values
being relayed, if any, were also described. This
project was a quantitative naturalistic study.

Limitations

Observational Bias - The researcher could have
different criteria for violence and values than
society may have; researcher may be
hypersensitive in labeling "violent" scenes.

Selection Bias - Since the researcher was only
able to view the cartoons which Casper offers, a
random sample of shows could not be viewed.

III. Results
Violence/Values in Cartoons
Channel

Name of
Cartoon

length

# of
acts

FOX

Mr. Skullhead

3 min

■*

Dog bites off head of Mr. Skullhead; dog drags
Mr. Skullhead through house; Mr. Skullhead's
head falls off; dog buries Mr. Skullhead

FOX

Batman

30 min

8

Explosion of building; gun/knife fight; thieves
throw cement blocks onto Batman; chemical
testing on animals; persuasion by scaring
people (2); strong, big people are dumb, have a
fight to get what they want (2)

Violent Activity

52
1

Moral Activity

Bad guys get caught
(3); college student
wants to win game to
help parents and put
sister through college;
being scared is okay as
long as you examine
why and try to deal
with it.

�ABC

Bugs Bunny &amp; 48 min
Tweety Show

Bugs Bunny
(cont.)

57

Yosemite (Y) shoots a bear rug, inside the
house; Y yells at Bugs (B); kicks B; Y tries to
kill B by pounding him in his sleep; B pounds
Y; Y tries to poison B - “drink that juice
before I blow the fur off your hide.”; poison
explodes inside Y; dynamite explodes in
house
Coyote (C) hit in face with flying briefcase; C
induced by sleeping gas; C walks off cliff;
time bomb explodes next to C; boulder lands
on C; machine gun shot at C; car lands on C;
car runs over C; cannon ball lands on C;
missile hits C
Father's head lands on teeter-totter (2); man’s
face gets smashed into cement; Sylvester (S)
yells at his child; son hits S; S does not believe
in son's ability; kangaroo kicks S into wall and
throws him into bricks; S flies into bam; dogs
attack S
Elmer (E) aimlessly shooting (3); okay to be
violent if wearing hunting or army hat; Bugs
(B) calls E “dogface”; B falls off cliff; both
cross road without looking for cars; B gets run
over, Tweety (T) and Sylvester (S) break rules
and get away with it; S gets pounded into
ceiling; deceiving people to get what you
want; S goes off ledge of building and comes
back on; T and S and dog fight; animal pack
runs over man

Rooster gets hit by cannon; “Not about to let a
woman do a man's job.”
Dog pushed down Bugs (B); manners only
from “slow” animal; dog gets hit by train;
dogs go off cliff and come back to land; dogs
fall off cliff; dog cuts Bug's tail off
Bulldog hits and kicks cat; no safety used on
construction sight; bulldog gets hit by beam;
cal gets hit by beam (4) cat gets smashed into
magnet

53

Son takes his own
initiative to do
something when
father is loo lazy and
apathetic

1

kindness instigates
kindness from those
who are mean

�FAM

Popeye

41 min

23

Bluto (B) flies off tractor tossed into bull and
help uncle save farm;
tree; Popeye (P) throws pumpkins on B's head; kids delegate chores
B covers P with soil; explosion tosses B into
and do it themselves;
air; bull rams B into wall; B cuts P's wagon
kids take initiative in
wheels; bull rams P into wall; bull throws B
helping; spinach
into water trough; bails of hay land on B; P
makes you strong;
gets thrown into gate; P &amp; B fall from roof and cheating does not let
tree; P falls down manhole; B falls from
you win
airplane; B degrades P; P and Olive Oil fall off
cliff; Olive beats up B; Popeye flies into locker
and wall of books; B gets hit by globe; P flies
into basketball hoop and wall; B tosses Olive
around; P hits B

USA

Sonic the
Hedgehog

21 min

17

“fool”, “bird legs”, “stupid person”; “juice cm* bad guys do not win
and reduce em‘”; violence gets you friends
and a girlfriend; failing means death; ‘*ugly
sleep”; “where are you? Under a rock
shedding your skin?”’ lasers shot at all
characters; “pathetic little rodent”; “too stupid,
even for you.”; doing acts that benefit self;
lasers blast hedgehog (3); electrocution of
man; laser rifles shot at characters

USA

Teenage
Mutant
Ninja Turtles

47 min

5

security guards shoot at aliens; “fight with
honor”; aliens knock over Turtles; laser makes
Turtles fly through glass; shock waves knock
over group of people

19 min

15

slam.phone on another's hand; lightning gun
children can motivate
used to destroy town; hit on head with
parents to do good
telescope for failure; pushing people out of the
way; plane using machine guns; car wreck;
stray bullets; using blow torch, electrocution,
machine guns; character falls from airplane;
plane crashes through building; plane crashes
into water

NICK Talespin

educational - Roman
artifacts and famous
artists and people
discussed; “We don't
want to hurt anyone.”;
reasoning before
violence; wishes come
true; tricking bad guys
into doing go&lt;xi without
hurting or using
violence, only mind

J

�9 min

II

bad table manners; head blows up; slams TV;
bed and house falls on character; “I hate my
life.”; safe falls on head of character; car falls
on character; character gets hit by train and
car; characters fall through roof; trails behind
fire truck hanging on to hose or ladder; rocket
explodes with character on it

NICK Goof Troop

16 min

7

Married life - unappreciated wife who is the
maid and cook, husband does nothing; plane
crash; spider bites character; husband doesn't
want to save wife from savages until he
remembers she won't be there to cook and
clean for him; yelling at each other; attached
by swarm of bugs

FOX

Screwball
Squirrel

7 min

5

hitting (2); “screwy”; zapped character with
gun; over-exaggeration gets you attention

FOX

Drooy&amp;
Drippie

7 min

7

people have to be beautiful; run over character helmets on bicycles
(2); “loaf'; have to change yourself to be
liked; mixture of chemicals; explosions

FOX

Bobby's
World

21 min 4

CBS

Storybreak

47 min

FOX

The Terrible
10 min
'Riunderlizards

7

bomb explodes on lizards; man gets smashed
into ground (3); “lowlife”; bomb dropped on
lizards; volcano explodes with lizards in it

FOX

Eek

10 min

3

Eek gets hit by bus; sent to hell or “hot spot”
by mistake; “bonehead”

9

Bonkers

intruding into room; “what a dork”; temper
tantrum; selfishness

animal protection; you
get caught when you
lie

“sharing is caring and
doing for others if a
reward"; imagination
is good; learned to
apologize

Don't have to change
yourself for people to
like you; captioning

55

“never hurts to help”;
make a game out of
chores; mistakes can
be fixed

�FOX

Tiny Toons

22 min

8

beat up duck; smash duck; hit duck; kickduck;
sit on duck; hit duck with frying pan; stretch
duck; kid tosses woman overboard

FOX

Tazmania

21 min

11

FOX

X-MEN

21 min

duck slammed into wall; instrument falls on vitamins are good for
duck; wall falls on duck; blow torch bums
you
duck; roof blows off house with ducks and
Taz
boulder falls on allegator; Taz pounds
allegaior; Taz gets mouse trap on his
tongue;club allegator; allegator hangs upside­
down in tree from rope;allegator hits Taz;
Taz clubs allegator
seat belts worn; “a fool
“kick some butt”; bus crashes into building;
and his money are
building explodes; jump on character; throw
soon parted”
character; character slammed into wall; jail
break; men slammed into wall; part of wall
thrown into people;cannons shot; laser guns
shot; character destroys car; several cars
thrown at each other; “worthless brother”;
character thrown to the ground; character
throws boulder on another

Vioknce/Values in Commercials
Violent Activity

Channel During which
Cartoon

Moral Activity

FOX

Mr Skullhead

Tetris 2 - explosion twists teenager's
head around, leaves group naked
and burnt, makes two teenagers fly
out of house, kills bird, and throws
girl into brick wall
“And this lime, there’s bombs in iL”

FOX

Batman

same

ABC

Bugs Bunny

commercial with children saying that bus
rules are cool

ABC

Bugs Bunny

comercial with children saying that drugs are
uncool

56

�FAM Popeye

after every portion of this and before
commercials. Popeye is telling children:don't
smoke, be safe on bicycles, obey rules, have
good team sportsmanship and how to make
friends
character sings all of countries in catchy tune

FOX

After Bobby’s
World
After Eek

FOX

After X-MEN

“Be Art Smart”

FOX

step-siblings can get along

The null hypothesis was rejected because
differing levels of violence do exist in cartoons on
television. Some cartoons are more violent and
degrading than others. Some relay essentially no
values and no morality in their shows. A few
cartoons and the commercials that air during their
showing portray non-violence and higher values.

IV. Conclusions, Summary &amp;
Recommendations
While viewing the cartoons and the
commercials aired during them, this researcher
found that cartoons have many violent scenes in
which their characters are never permanently
harmed, except the “bad guys” in the newer
cartoons. On the other hand, there are a few
cartoons which are not as violent and do try to
portray a non-violent atmosphere, thus teaching
values during their shows. Commercials are
portraying positive values by having kids in the
commercials advocating non-violence, anti-drug,
and following the rules.

57

�Confidentiality:
A Client’s Right
By R. Allison Hunter
Course: Computers in Health Care
Instructor: Janice Traylor
Assignment: A three to five page library research paper. The focus of the paper is an issue
concerning the utilization of computers in health care. The student is required to cite at least
three references for the paper.

ABSTRACT
The ihreat of computers to breach the relationship between health care professionals and their clients is considered. The legal and
ethical rights of client confidentiality are discussed.Specitic problems of computer data banks are described, and ways in which these
can be overcome are explored. Computers are accepted as an essential part of mixlem health care, but the intimate link between the
client and the health care professional must be mainuined by providing adequate protection for confidential data.

58

�greater when computers are used." (Stem &amp; Stem
1983, p.313).
Data banks frequently contain information that
is maintained for the public good. At limes these
data banks may impair the individual’s right to
privacy, if not legally then certainly on ethical
grounds. Individuals having venereal diseases may
have their names and addresses listed in public
health department data banks. Confidential records
on testing for the HIV virus may be maintained by
health clinics and even by insurance carriers."
(Anderson 1992, p.l49)
Although computers have an increasingly
important role in health care it must be borne in
mind that "any person who knows an access code
can view confidential client information." (Kozier
etal. 1989, p,71)
How can this vital information remain
confidential, yet at the same lime be available for
the appropriate staff members involved in caring
for the client? "How well these types of records
are protected from access and from simple
visibility is a reflection on the ability of the health
professions to maintain the integrity of the doctor­
patient relationship (Anderson 1992, p. 149). "The
methods used to protect [computer] hardware are
essentially ... security guards, fire alarms, flood
warning systems, and other detection devices."
(Stem &amp; Stem 1983, p.393). In addition random
inventory audits act as a deterrent to theft.
Protection of the software and data presents many
complex problems. There are three main areas of
concern: the use of a terminal by an unauthorized
user, penetration of the main computer center and
corruption of the operating system, and misuse of
files by an authorized user. Some of the
precautions utilized to prevent unauthorized
access via a terminal include the use of
authorization codes, limitations placed on codes
e.g. "read only" capabilities to avoid data
corruption, an automatic "log off’ system if an
incorrect entry procedure is attempted, and
scrambling techniques for transmitted data. (Stem
&amp; Stem 1983. p.394) Prevention of unauthorized
entry to a computer center involves sign in logs.

The establishment of a "therapeutic relationship
of freedom, mutual understanding, and mutual
responsibility with the client" is essential in the
development of trust between the client and health
provider (Kozier et al., 1989, p.44). If, however,
the client cannot be certain that information he or
she reveals will remain confidential then the
trusting relationship will fail to evolve and
valuable details will not be divulged. Computer
data systems threaten to destroy this delicate
relationship by causing a breakdown of
confidentiality and an invasion of personal
privacy.
Rittman (1992, p.l4) states that "privacy,
which is protected in the United States
Constitution as an inalienable right of the
individual, is highly valued as essential in
preserving human dignity." In order to safeguard
privacy, maintain dignity, and avoid
embarrassment it is essential that strict
confidentiality is observed. According to Kozier et
al.(I989, p.7I) "Confidentiality means that
information disclosed to a person, e.g. a nurse,
will not be disclosed to anyone not directly
involved in the client's care. Disclosure of such
information is a breach of confidentiality and
could lead to legal action." Legislative attempts to
safeguard individual privacy and confidentiality
include the Privacy Act of 1974 which states that
"information stored must have a reasonable
purpose and that information collected for one
purpose may not be used for any other purpose
without the individual's express consent." In
addition "The Electronic Communications Privacy
Act of 1986 has been set up to prevent illegal
interception of data communications. Other laws
have also been enacted that protect individuals
from third party access to information in data
banks without the individual's knowledge."
(Anderson 1992, p,148).
Both legally and ethically health care woriters
are obligated to protect information stored in all
data bases from possible infiltration by
unauthorized people, but because of the ease of
accessibility the risk of illegal access "is far

59

�official badges, terminal keys, guards, alarms, and
biometric security such as finger-print and voice
identification. (Stem &amp; Stem 1983, p.395)
Unauthorized modification of software is a
major concern. A computer-wise user may gain
access with a legitimate code but then manipulate
the operating system to obtain classified material.
Unauthorized file access can be prevented by
building protection features into the operating
system. These devices keep record.s on which
users access which files, users who have accessed
a file for a time period considered to be excessive,
and record and print all invalid attempts to access
a file. (Stem &amp; Stem 1983, p.396-7). In addition
shredding machines should be used to destroy
unneeded printout, and there should be a backup
system stored safely and continuously updated to
prevent data loss.

Medical records contain a vast amount of
personal information. The ease of access to this
data is frightening and clients need to know that
all measures are being implemented to protect
their privacy. There can be no return to the chaotic
paper mountains; computer data systems are an
essential part of the modern health industry.
However, safeguarding the client’s rights should
take priority, security systems have to be
integrated from the initial design stage of the
computer system onwards, and the highest legal
and ethical standards must be adhered to. Only
then can a trusting relationship develop and the
client feel able to confide the deeply personal
details of physical, emotional, and mental states,
which are so vital to the health professional when
planning holistic care and treatment.

References
Anderson. Sandra. (1992). Computer Liuracy for Health Care Pnifessinnala. Albany, NY: Delmar Publishers Inc.

Kozier. Barbara. Glenora Erb attd Patricia McKay Bufalino. (1989). Introdui iion to Nurxing. Redwood City. CA: Addison Wesley.

Rinntan. Maude R. (1992 Jan/Feb.) Compulerized Databases: Privacy Issues in the Development of the Nursing Minimum Data Set. Computers in
Nursing. 10: p. 14-17.

Stem, Nartcy and Ruben A. Stem. (1985). Computers in Society. Englewood ClifTs. NJ; Prentice Hall inc.

60

�Oriental Rugs
By AnneMarie Shriver
Course: Textiles
Instructor: June B. Winkel

Assignment: Write a research paper on a topic of interest to you discovered during your study
of textiles.

wanting to have in his palace a reflection of a
garden in bloom all the year through (Milhofer I).
A good Oriental rug is appreciated today
because it is handmade, uses natural materials, and
possesses the naive and charming characteristics
passed down through the local history and
folklore. According to Milhofer the qualities of a
rug’s "race" are designated by the following traits:

Imagine, if you will, a space filled with flower
beds, a pond, luxurious foliage and shrubbery, an
occasional Arabian stallion or an elk and a canal
surrounding it all. Some would think it an
elaborate courtyard of a medieval castle. To a
certain degree this is true; but imagine this
wondrous garden filling the tent of a sheik or a
sultan in the middle of the Gobi desert.
Impossible? Not if it is spread out on a grand rug,
fulfilling a desire to envision a "beautiful garden in
flower in the middle of winter" (Milhofer I) or, as
the case may be, in the middle of ihe desert. This
is thought to be one of the original purposes for
which Ihe "court rug" was created - the monarch

1. Clarity of design.
2. Softened, yet brilliant colors in the motifs.
3. Shimmering, durable, wool.
4. Regular knots.
5. The structure of the fabric.

61

�The most important and enduring factor is the
color, which gives the piece added character
throughout time, and a certain patina that only
comes with age and use. Clues as Io the origin of
the piece are noted by the colors and
craftsmanship rather than the designs and patterns
(Milhofer 5). Until the end of the 19lh century,
each region was limited to the vegetable dyestuff
available, and to the expertise of an independent
artisan, whose work was that of coloring the
threads to be used in the rugs. The variations per
dye-lot in the rugs could be subtle, and perhaps
thought to be defects at first. The actual term for
theses color discrepancies is called abrash
(Hawley 38). Offering proof positive that the
carpet was made with collector demanded
vegetable colorants, the diversities only enhanced
the work, and in the future would actually increase
the value of the piece and help verify its age. The
richness of the hues are judged not in the quantity,
but in the quality and the composition. The
contrast being limited from four to eight colors
(Milhofer 26), but enabling the artist to achieve
the beauty of nature's palette within the confines
of the kilim (woven rug).
The actual dyeing process is both a delicate and
complicated one. The wool is first treated with a
mordant (alum bath), and than submerged in a vat
of boiling dye for a time span of a few hours to
several days (Summers 24). Upon achievementof
the desired color, the threads are put out in the sun
to dry. There have been three types of dyes used in
making Oriental rugs; natural, mostly vegetable
dyes as previously mentioned; aniline, and
chrome. The latter two are synthetic.
Before the introduction of aniline in 1856,
which did not reach the carpet producing areas
until the late l880's, only vegetable dyes were
used, such as yellow obtained from the
pomegranate peel, brown from walnut shells,
orange from henna leaves, and purple from
hollyhocks, to name a few (Summers Herbert 25).
The exception to vegetable sources was the red
obtained from the cochineal bug, an insect
prevalent in India (Formenton 52). Red was also

procured from the root of the madder plant which
grows wild in many parts of what was formerly
Persia.
The fabric is composed of three parts: the warp,
the pile, and the weft (Formenton 47). The warp is
the combination of threads, usually cotton, that are
arranged vertically in parallel lines between the
two ends of the loom. The pile is the plush, visible
surface of the carpet, made up of short wool
threads knotted to the warp. The knots are placed
across the width of the carpet in rows. Lastly, the
weft consists of one or more cotton threads woven
between one row of knots and the next. All of this
work is done on looms by hand, creating an
extremely time consuming process.
The types of looms used may be divided into
four categories: horizontal, fixed vertical. Tabriz
type vertical (named for the town in Iran in which
it was invented), and vertical with roller beam.
The actual construction is dependent upon these
looms, the patience of the craftsman and a few
rudimentary tools (Formenton 47).
The fixed vertical loom i,s also called a village
or nomadic loom (Denny 14). This consists of a
large, rectangular, wooden frame that can be laid
flat or propped up with a few stones or by adding
a base can be converted into a vertical roller beam
loom. The actual weaving is accomplished by two
simple devices, the shed stick and the heddle
(Denny 15). The shed slick is inserted through the
warps, separating them as to alternate warp
threads. The fringes of the carpet are the ends of
the warp threads (Formenton 57). The weft is
meant to hold the knots in parallel lines and to
strengthen the fabric of the kilim.
The tools used in carpet making consist of a
knife, a beater, and shears. The knife is used to cut
the threads of the knot. The beater is an implement
formed to resemble a set of teeth, used to tighten
the threads of the weft against a line of knots. The
wide-bladed fiat shears are used to clip the pile of
the carpet (Formenton 54, Hawley 48).
The actual hand-knotting is the essential
characteristic of all Oriental carpels (Forenton 57).
There are two different kinds of knots, frequently

62

�central field that i.s divided into twenty-four
squares {Formenton 15). The outer band is
decorated with a line of horsemen, seven per edge,
some riding while others walk beside their
mounts. The inside border has a line of six elks on
each side. A repeating motif is of a cross similar to
that of St. Andrew, which has been found in other
more recent Oriental designs.
The original colors are hard to detect due to the
inevitable fading. Being surrounded by ice in the
wooden burial chambers, an incredible fluke of
archaeological preservation, is the reason for the
outstanding condition of the rug. This artifact was
undoubtedly able to fulfill its purpose of providing
a sense of beauty and satisfaction to its owner
2400 years ago. Just as rugs done in a similar
Oriental style are able to give a tastefully
furnished room a feeling of unity that has been
passed down through the ages of Hellenism, the
Renaissance and baroque periods (Milhofer 2)
through today and beyond where it is thought that
a great room starts from the ground up! No doubt
that an incredible Oriental rug will be the
personality of many wonderful rooms, for many
generations to come.

known as the Turkish and the Persian.
In making the Turkish knot, it is brought
an)und two adjoining warp threads the ends being
drawn out between the two threads, and two ends
are brought out on top of the knot. In the Persian
knot the wool thread forms a single turn around
the warp thread, one comes out at the top and the
other from the side. The knotting process is
always done at the lower edge with the selvage.
The price of a carpet depends upon the time it
takes to make, and on the number of knots it
contains (Forenton 58).
In 1949, on a second excursion into ancient
Scythian tombs near Outer Mongolia, Soviet
archaeologists found a number of textile
specimens. Located in the secondary chamber,
along with the remains of horses, they found an
extraordinary hand-knotted rug buried with the
Scythian kings of the Fourth and Fifth centuries
B.C. It is known as the Pazyryk carpet, for the
territory in which it was found (Formenton 13,
Milhofer 3). The pile was tight and dense, 270
knots per square inch, sheared to less than a
quarter inch, and it measured 6'7" X 6‘. It has two
principle border bands Hanked by "guards," and a

Works Cited
Denny, Walter B. Oriental Rugs: The Smilhsitnian llluxiraied Library

Aniiciues. United Slates: Smithonsian Institution. 1979.

Formenton. Fabio. Oriental Rugs and Carpels. London: The Hamlyn Publishing Group Limited, 1972.
Hawley. Walter A. Oriental Rugs: Antique arid Modem. New York: Tudor Publishing Company. 1937.
Milhofer, Stefan A. The Colour Treasury ofOriental Rugs.Trms. D.D. Paige. New York: Thomas Y Crowell Company, Inc. 1976.
Summers Herbert, Janice. Affordable Oriental Rugs. New York: Macmiltian Publishing. 1980.

63

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Journal Entry
By Ben Brooks
Course: Ethics
Instructor: Dr. Robert Carlson

Assignment: This paper is in response to an examination question. The student chose to
construct the paper as a mock journal entry. The examination question asks the student to read
a narration concerning Oliverotto of Fermo; to assume he meets Oliverotto five hundred years
later; then to write an essay to convince Oliverotto that justice is the habit of giving someone his
due, that he ought to practice justice willingly, and that justice will lead to happiness. In the
essay the student must use certain specified readings and terms.

battle of wits seemed the only appropriate means
of venting the anger I fell for this man. We agreed
upon the terms of this debate and he began. His
justification for his actions was simple, “Justice is
simply the interest of the stronger. I was stronger
and it was in my interest to do what I did;
therefore, I acted justly.” His speech was straight
forward; however, ethics class prepared me well
for my battle of wits. I knew that I must prove to
Oliverotto that justice is the habit of giving
someone his due, that justice ought to be practiced
willingly, and that justice will lead to his

Ethics class dampened my spirits today as we
learned about Oliverotto of Fermo and about his
dastardly deeds. My mind has been continually
distracted all day by this man’s deeds. As I thought
about this matter, I developed a headache so
intense that I had to lie down. Quickly I fell into a
deep sleep, whereupon, I raced through lime and
space to Fermo over 500 years ago. I was sealed in
a liny room across a table from Oliverotto. The
instinct of anger seized my body, but I knew well
that I needed prudence, temperance, and courage
in dealing with this man. In these circumstances, a

64

�because he feels more powerful. The cycle is
countinuous and the fight for power will remain
forever.
To avoid these problems with Oliverotto's
definition, I proposed a second definition which is
more precise. I proposed that justice is the habit of
giving someone his due. In order for Oliverolto to
come to terms with me I must explain my terms. I
regard habit as a moral virtue in this case. I further
regard due as an objective right. A right or due
given a person can be either natural or civil.
Rights derived from human nature are natural
rights and are the objective right or due I spoke of
earlier. Rights derived from the government are
civil rights. Because natural rights derive from
human nature, these rights are objective, universal
and absolute, and the government cannot justly
deny people these rights. The civil rights are
subjective according to culture, but they cannot be
denied or implemented justly if a civil right
violates a natural right. Thus this definition of
justice is universal, objective, and absolute. The
definition and what is due are universal in that
they apply to all because of human nature, are
objective in that they are public because they are
evident or demonstrable, and are absolute in that
they do not depend on the rulers because they are
independent of interpretation. Following this
demonstration is that war and evil decrease
because the struggle for power decreases.
Further evidence of this definition's truth lies in
the proof that we ought to be objectively just.
Since the statement “we ought to be just” is a
prescriptive statement, it Is imperative that I
demonstrate Its truth through logic. The first
premise supporting this statement is “we ought to
desire that which is really good for us." It is
appropriate to start understanding this proposition
with the term “really good for us.” The first type
of goods are real goods or needs. Real gtxxls are
goods which perfect or help to perfect some aspect
of our nature. Investigation of real goods reveals
three categories: secondary, primary and
happiness. Secondary go(xls are goods which are

happiness. The task before me was neither a
simple nor light matter.
The object of my first point was to prove that
justice is the habit of giving someone his due. In
order to do this I first needed to demonstrate that
Oliverotto's definition fails, and then prove the
objective definition. To demonstrate that
Oliverotto's definition Is incorrect I argued from
Plato's The Republic. Socrates defeated this
definition well in that dialogue. Socrates orders his
first argument against Oliverotto’s definition to the
“Law of Contradiction.” Socrates makes the point
that leaders are not always conect in assessing
their own interest; consequently, leaders will thus
invariably oppose their own interest at some point
in their career as ruler. As Socrates states it: “In
that case...is there any escape from the conclusion
that the weaker are commanded to do, not what is
for their interest, but what is for the injury of the
stronger'.^”
A second point which Socrates makes is
ordered to the term ruler. He points out that the
interest of the ruler is the citizen's overall good,
just as the d&lt;x:lor's interest is the patient's overall
health. Socrates refutes Thrasymachus elegantly,
“There is not one in any rule who, in so far as he is
a ruler, considers or enjoins what is for his own
interest, but always what is for the interest of his
subject or suitable to his art.”
The final point against Oliverolto deals with
characteristics of the definition. From this
definition justice is subjective, relative, and
particular. Justice would be relative in that it is
dependent for Its existence on the ruler, would be
particular in that justice's application applies
differently to certain groups, and would be
subjective in that it is private to that group and is
detennined by a vote or culture. If this is true, then
the object of justice is to overcome the stronger.
The only alternative is to become the most
powerful, and inevitably conflicts will ensue. This
is exactly what happened in Fermo. Since
Oliverotto was unjust in seizing the throne of
Fermo, someone will feel it just to seize the throne

65

�good because they are a means to some end. An
example is wealth or an operation. The second
category is primary goods which are goods that
are good because they are ends and they are means
to an end. Examples are knowledge and health.
Finally, happiness is merely an end for its own
sake.
The second type of good is apparent goods or
wants. These goods are good because as humans
we desire them. Apparent goods may be
innocuous and not interfere with the acquisition of
real goods, or apparent goods may be noxious and
interfere with real goods. What i.s really good for
us are the real goods and the innocuous apparent
goods. This point also sheds light on what it is we
ought to desire.
The next logical term in the proposition “we
ought to desire that which is really good for us” is
“to desire.” Desire divides into right and wrong
desires. Right desires are desires for real goods or
innocuous apparent goods, and wrong desires are
desires for noxious apparent goods or real goods
placed in the wrong category of real goods.
Oliverotto has placed justice in the wrong
category because he views justice as merely a
means to another end. Oliverotto desires justice
because of desire for fame and independence. As
the story goes, “His time had chielly been spent in
endeavoring to acquire reputation,” but he also
wanted power as when he was sent “to learn the
art of war and qualify himself for high rank.” The
end here is power, which is not in line with the
proper definition of justice. This understanding of
the proposition “we ought to desire that which is
really good for us” proves that the proposition is
self-evident. It is impossible to think its opposite
“we ought to desire that which is really bad for
us.” This statement is therefore false.
The next proposition in the argument is that
justice is a real good. S(x:rates placed it among the
primary real goods because he viewed it as an
ends and a means. When Glaucon asked Socrates
“I want to know in which of the three classes you
would place justice?” Socrates replied, “In the

highest class...among those goods which he who
would be happy desires both for their own sake
and for the sake of their results.” Justice is a
means for various reasons. Examples would
include liberty and friendship. Neither I nor
society could possess liberty or friends without
being just. Thus it can be seen that justice is a
means, but justice is also an end. Justice is an end
becau.se it perfects human nature, either the will or
the intellect. Recalling the definition, justice is the
habit or moral virtue. This moral virtue is involved
In choice by the will; consequently, when humans
practice justice, they perfect the soul, which is an
end in itself. Thus Oliverotto ought to practice
justice willingly because it will perfect his soul
and it will be a means to other primary goods.
Mortimer Adler argues this point when he slates,
“We cannot be temperate without being also
courageous and just, courageous without also
being just and temperate, or just without also
being temperate and courageous.” Unless one is
just, one cannot possess the other moral and
intellectual virtues. To obtain these virtues
Oliverotto ought to practice justice willingly.
These virtues are also Important for his happiness.
Since justice is a primary real good, justice is
important in happiness. This leads to the third
point of argument: Justice will lead to happiness.
The definition of happiness is possessing ail of the
real goods and innocuous apparent goods in their
proper order and proportions. The important term
in this definition is real good. Since justice is a
real good, one will need to be just in order to be
happy. Since it is not dependent on any variables.
Oliverotto cannot be happy with his unjust deeds,
he cannot rely on a subjective definition. More
importantly, since he has replaced justice as
merely a means to a wrong end, he has taken away
any chance at true happiness. His happiness now
depends on whether or not he attains power,
fame,and Independence, which are not true
happiness in and of themselves according to this
definition. Happines,s is distinctively different
from the common notion of contentment.

66

�Happiness is not a slate of being, rather it is a
process. As Mortimer Adler slates it. “Happiness
names something desired for its own sake and not
for the sake of anything else. It is impossible for
anyone to complete the sentence, ‘I want
happiness because...” Oliverotto has become a
“pathological deviant” by completing that sentence
with power and fame.
My defense of justice was completed. The
points made were simple yet profound. I proved
that justice is the habit of giving someone their
due. that justice ought to be practiced willingly,
and that justice will lead to his happiness. As 1
began my inquiry of Oliverotto's thoughts, my

body raced from time and space back to my living
room couch. My dog sat next to me gleefully
licking my hand. As I thought about the
effectiveness of my case, I realized that no matter
how effective my speech was Oliverotto would
never have listened. The simple reasoning behind
my argument was that he was a beast.
Unfortunately, beasts often fail to rectify their will
much less their intellect. I shrugged my shoulders
and went on my merry way, for I knew that more
forbearing beasts were ravaging my country side
here at home. My value judgement for the day is,
“I ought to be taming the beasts here first.” Thus
begins my this tedious task on myself.

67

�125 College Drive
Casper. Wyoming 62601

Spring 1994

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                    <text>CASPER

.WYOMING,

Chkllenbe

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

�Challenge
I ix
Published at Casper Community College
Casper. Wyoming 82601
February 1995
Copyright by Casper Community College

�Challenge: 1995
Table of Contents
Assessment of Learning Styles

To Die or Not to Die

Book Report

Laura Landen

11

Terry Selby

Sandra J. Stille

A School of Thought

5

14

Thomas Rogers

16

Last Will and Testament

Terry Appleby

19

Response: Sculptural Idea

Pamella Leatherman

22

Digital Sound Recording and Playback Lab
Stack Test

Parrish Shook

Joel K. Southwick

Woman and the Bible

32

Audrey L. Vanderford

Women’s Clubs and Organizations

24

Kathy Goedicke

38
42

Fiber Optic Technology

Pandora J. Hemsher

45

Intake Interview Memo

Joelle Hadley

50

Memorandum of Law

JeAnne Slough

55

Cover design executed by Eric Valdez

�Introduction
Casper College is pleased to present the ninth issue of Challenge, a magazine Io
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 1994 and fall 1994.

Arlene Larson, editor
Casper College
Casper, Wyoming
Spring, 1995

�Assessment of Learning Styles:
High School Accounting Students
By Laura Landen
Course: Foundations of Learning (Educational Psychology)
Instructor: Dr. Ruth Doyle
Assignment: This class project is applied research based on one of the seven designs taught
in educational psychology.
ABSTRACT
This descriptive study examined ihe learning styles of 18 students of a high school acctxinting class The null hy|MHhesis ..f nothing of

significance regarding learning styles was rejected. Using a modified Oregon; asses-smeni, the study showed alinusi iwo ihints of ihc siudcnts is
abstract random or concrete random learners. An assessment of students' visual, auditory, or kinesthetic sensory preferences showed that aJihtiugh

more than one half of the students had relatively balanced sensory capabililies. six students, or 33% ot the cUs-s, shtwed significantly low auditory

leaming ptcfeicta:e&amp;

Introduction

the characteristics of individuals entering the
accounting profession.

This descriptive study assessed the learning styles
of a high school accounting class during the fall,
1994, semester. The researcher used two instruments
to assess the students' preferred learning styles.
Assessment of leaming styles of accounting students
can provide information to develop strategies for
more effective teaching, as well as information about

Statement of the Problem
The problem of the study was to asses.s the
leaming styles til high school accounting students.

Rationale
The accounting profession i.s changing and
becoming increasingly complex. Enrollment in
5

�college accounting programs has declined in recent
Limitations
years. Accountants have expressed disappointment in
1. The study uses a modified version of the
what they perceive as lack of skills of entry level
Gergorc Style Delineator, which does not have
accountants. In part because of these factors, the
proven reliability or validity.
profession has been re-examining accounting 2. The students may improperly score the
education.
assessment instrument, or may score themselves
In February. 1988, the American Institute of
as they would like the researcher to see them.
Certified Public Accountants (AICPA) issued its 3. Events and conditions out of the researcher's
report. "Education Requirements for Entry Into the
control may influence the students' responses.
Accounting Profession." which limited its discussion 4. The number of subjects is smalt; the study
to courses of study that should be included in a
results could be improved with a larger group of
college level accounting program. In April. 1989, the
subjects.
eight largest CPA firms issued their own report, 5. Some students may be absent on the day of the
"Perspectives on Education: Capabilities for Success
assessment.
in the Accounting Profession." In contrast to the
Operational Definitions
AICPA report, this report switched to an "outcomes"
1.
Modified
Gregorc learning style assessment
based analysis of the educational process, and
(MGLSA)--a
version of Dr. Anthony F.
identified general skills that entry level accountants
Gregorc
’
s
Style
Delineator, A Self-Assessment
should possess in order to be successful. As
for Adults, as modified by Paula Franklin, that
discussed in this report, historical accounting
assesses an individual's preferred learning
education has focused on "rulebased" knowledge.
style(s).
The report maintains that educational programs must
2. Sensory learning style assessment (SLSA) -a
make significant improvements in creating or
learning style preference form (author unknown)
strengthening students' other capabilities, including
that assesses an individual's preferred sensory
communication and interpersonal skills, problem
learning style(s).
solving skills, and critical thinking skills.
3. Gregorc learning style - a person's natural means
Although neither of these reports addressed the
of taking in and processing information, based on
influence of student and teacher learning styles on
Dr. Gregorc’s four styles: Concrete Sequential
the educational process, others in the profession have
(CS), Abstract Sequential (AS), Abstract Random
recognized and researched the importance of
(AR), and Concrete Random (CR).
learning styles (see Review of Literature section
4. Sensory learning style — a person's natural
below.)
means of taking in information through the
The researcher maintains that no revamping of
senses. The study used the three categories of
accounting education will achieve the results
visual, auditory, and kinesthetic.
demanded by the profession unless learning styles
Review of Literature
are examined and taken into consideration by
The
researcher
could locate no research using the
teachers in the classroom. An examination of
Gregorc
learning
styles or the sensory styles of
learning styles can provide information about the
visual,
auditory,
or
kinesthetic specifically on
characteristics of individuals entering the profession,
as well as providing ideas to teachers about how to accounting or business students. The researcher
teach most effectively. Towards these goals, this could also find no research regarding learning styles
study examined learning styles of a high school of high school accounting or business students. The
researcher summarizes below research focusing on
accounting class.
learning styles and personality types of college level
Null Hypothesis
accounting students.
There is nothing of significance regarding the
The importance of assessing learning styles was
learning styles of high school accounting students.
addressed by Soroko',who reviewed Gregorc’s
6

�learning styles, and offered suggestions as to how
Gregorc’s model might be used by leathers in college
accounting classes. She presented example lesson
plans using a single approach and a multiple
approach, based on Buller's suggestions^.
Much of the research on learning styles of college
accounting students has used the Kolb Experiential
Learning ModeP , The Kolb Model uses two axes
that combine to identify four learning types as
follows:

personality types using the Myers-Briggs Type
indicator.** Of the 103 subjects in this study, 70%
were classified a.s extroverts vs 30% introverts; 68%
as sensing vs 32% iniuiiive, 50% thinking vs 50%
feeling, and 94% judging vs only 6% perceptive.
(This judging/perceplive finding is consistent with a
study of 300 auditors that found 75% to be
"judging."’)
This study showed no significant difference.s in
performance based on extroversion v.s introversion,
on thinking vs feeling, or based on whether a student
was classified as judging or perceptive. However,
based on the information-collection approach
(sensing/ intuitive), sensing students performed
much better than intuitives. However the authors
questioned whether thi.s type of student is the type
desired by the profession, since the profession is
changing and has a greater need for those who can be
creative and can look for possibilities and
relationships. These are the attributes of a "intuitive"
individual, rather than the "sensing" individual that
the study shows is achieving higher grades in
accounting classes.
The research discussed above doe.s not bear
directly on the specific problem of this study, but it
does emphasize that learning and personality styles
are significant factors in the success of accounting
students and professional accountants.

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Ah* race
Coacaptualication

Evidence in several studies supported the
predominance of the "converger" as the preferred
learning style among upper level college accounting
students, and among accounting professionals.* The
"converger" combines "active experimentation" and
"abstract conceptualization," and tends towards
technical tasks and practical solutions.
Another study found that tendencies toward the
"converger"style of the Kolb model correlated
positively with college accounting students'
performance on exams structured as multiple choice­
theory, open-ended theory, and open-ended
quantitative, but did not differentiate performance on
a multiple choice-quantitative exam.’ This study
illustrates the importance of different testing formats
to aid in distinguishing among student attributes that
could influence career success. Il was interesting in
this study to note that of the 49 college accounting
students tested, approximately one half fell into
Kolb's "assimilator" type, which shares the "abstract
conceptualization" tendency with the "converger,"
but that lend.s more toward "reflective observation”
(watchers) than "active experimentation" (doers).
Only 8 students, or about 16% fell into the
"converger" type.
Another study focused not on learning styles, but

Methods and Procedure.s
The subjects of the study were the 19 students of
a high school fall, 1994, accounting class.
The researcher attended the class on Friday,
October 21, 1994, and administered the MFLSA and
the SLSA to the students. One student was absent.
The researcher explained the concept of learning
styles to the students prior to administering the
assessments.
The researcher collected the assessments, and
tallied the students’ scores. The researcher
determined each student's Gregorc learning style
based on the MGLSA, and analyzed the sensory
preference data based on the SLSA. The researcher
also compiled for the accounting teacher a seating
chart shtiwing each student’s preferred Gregorc and
sensory learning styles. The assessments and scores
were returned to the subjects along with additional
7

�written information about learning styles, including
style descriptions and learning suggestions.

Sensory Learning Styles
As the SLSA portion of the table shows. 67% of
the subjects preferred a visual learning style. Only
19% preferred auditory learning, and 14% preferred
kinesthetic learning.
Further analysis of the scores shows that ten of
the subjects, or 55%, showed fairly balanced sensory
learning capabilities (based on a six point or less
spread between the high and low scores). However,
six subjects, or 33%, showed relatively low auditory
preference (differences between highest score and
lowest auditory score of from 10 to 18 points).

Results
The researcher rejects the null hypothesis.

Gregorc Learning Styles
As shown in the MGSLA portion of the table on
the following page, a significant number of the
students. 64%. fell under only two of the Gregorc
learning styles, AR and CR. This is significant in
contrast to studies that have shown that among the
general population only a combined 30% fall under
these two categories.

Table of Results of Learning
Style Assesments
SLSA

Scores**
VB AUD
34 28
34 20
28 32
38 30
26 32
36 22
28 34
28 26
34 24
32 30
26 26
32
16
30 14
28 22
32 26
28 28
26 34
32 14
PROOF:
180

42

39

52

Notes:

XIN
30 BALANCED
28 LON AUOITONT
28 BALANCED
30 BALANCED
28 HIGH AUDITORY
28 LOW AUDITORY
36 BALANCED
24 BALANCED
30 LON AUDITORY
30 BALANCED
36 HIGH KINESTHETIC
26 LON AUDITORY
30 LON AUDITORY
22 BALANCED
28 BALANCED
24 BALANCED
30 HIGH AUDITORY
26 LOH AUDITORY

550 458 514

47

31

25

29 AVBRACB

BALANCBOt
HZGHBST AND LOWBST
STTLSS WITHIN 6 POINTS

NO.

SUHHART OF STYLUS:
STYLE
«
COMBINED

*

The MGSLA ennsisU of 10 seta of 4 sutementa eich. Questions I

through 4 correspond to the CS. AS. AR. and CR styles

respectively.

3
1
2
5
3
3
1
«««*
18

CS
CSAS
AS
AR
ARCR
CR
CRCS

16.76
5.66
11.16
27.66
16.76
16.76
5.66

**

eSGAS'S

366

The SLSA consists of 24 questions to svhich one of three armven

arc selected. Answers are scored by point value &lt;Usuatly=S.
Sometimes=3. Seldomal)

***

ARGCR’S

646

Each portion of the CRCS dual style was given 1/2 point value in
calculating the combined percentages.

The Study showed no significant relationships
between the subjects’ cognitive learning styles and
their preferred sensory learning styles.

1006

8

�Summary, Conclusions,
Recommendations

profession. Evidence also indicates that the
"converger" style, as well a.s the Myers-Briggs
"sensing" (vs intuitive) personality style, appear to
perform better in college accounting classes. These
two types seem to correspond iiu)re closely with the
CS and AS Gregorc learning styles, than with the CR
and AR styles. This might suggest that the AR and
CR students in the study may not |)erform as well in
college accounting courses, in which performance is
judge by traditional grading methods.
However, if the profession is indeed changing and
requires accountants who are divergent thinkers, who
can solve problems, and who iu-e more creative, these
same AR and CR students may have the ptuential to
be very successful in accounting careers. The
traditional "rule-based" teaching methods do not
reflect the current dynamic nature of the profession,
and could actually be discouraging the very students
who possess the skills needed by the profession.
For future studies of this nature, the researcher
would recommend including analysis of students'
grades. Also, it may be desirable to use the original
Gregorc Style Delineator instead of the modified
version used in this study. Future researchers may
also want to consider using additional (or alternative)
assessment instruments (e.g. Kolb, Myers-Briggs).
It would also be a recommendation to follow a
group of students throughout their high school and
college accounting education, and into their
accounting careers, analyzing personality types,
learning styles, and performance, and evaluating the
effectiveness of various teaching methods the
students encounter.

Although over, half of ihe subjects exhibited
fairly balanced sensory learning capabilities, there
are several students with low auditory preference.
The students can compensate for this deficiency
using several techniques, including visual or
kinesthetic “reinforcers" (like very graphic note
taking), and sitting at the front of the room (which at
the present only one of them does). The teacher can
also assist by using visual and kinesthetic instruction
methods.
The large number of AR and CR learners in the
accounting class has interesting implications not only
for determining leaching strategies, but also for
anticipating the students' future success in school and
in accounting careers.
AR learners are emotional, enjoy group activities,
and are creative and visual. CR learners are inventive
and individualized, like hands-on activities and role
playing. The accounting instructor must use a variety
of techniques Io most effectively teach these
students, as well as the CS and AS students.
Teaching focus may need to include more group
activities, and problems with many possible
solutions, vs problems that have just one right
answer (and always balance at the end). Effective
teaching is critical at this level not only to maximize
learning, but also to keep students interested in
pursuing an accounting career.
As discussed above under the Review of
Literature, there is some evidence of a prevalence of
the Kolb "converger" learning style in the accounting

8

�Notes
Soroko. M (I9KR&gt; Studcnl loaming Styles--A Teaching Consideration in Principles of Accounting Cowses. Journal of Educaiifm for Bmneiu,
March, pp 24R-25ft
’

Style and Ttachi/tg Style—In Tiuory and in Practice. Gabriel Systems, Inc.

Buller, R (l9fM(

Kolb, D A (19R5) t.eaming Style Inventory: Selfscoring Inventory and Interpretation BookleL Boston; McBer and Company.

Baldwin, BA, &amp; Reckers. P.M (1984). Exploring the Role of Learning Style Research in Accounting Educttion Policy. Journal of Accouming
Education, Pall, pp. 63-76.

Baker. R.E.. Sirrmn. J.R., &amp; Baxeli, F.P. (1986). An Assessment of the Learning Style Preference of Accounting Majors, hstus in AccorMing
Eduraiifin. Spring, pp. 1-12.

Collins, J.H., &amp;. Milliron, V.C. (1987). A Measure of Professional Accountants'Learning Style. Issues in Accounting Eiieeation, Fall.pp. 193-206.

Togo. D.P.. &amp; Baldwin. B.A. (1990), Learning Style; A Determinant of Student Performance for the Introductory Financial Accounting Course.
Advances in Accounting. 8. pp. 189-199,

'

Holley. J H. A Jenkins. E.R. (1993). The Relationship Between Student Learning Style and Performance on Varioui Test Question Pormata. PomMs
of Educaiiimfor Bu.sine.ts, MayZJune, pp. ,301-308.

•

Nourayi, M.M

A Cherry. A.A. (1993). Accounting Students' Performance and Personality Types. Jourrtal of Education for Business,

November/December. pp. 111 -115.

’

Jacoby. P.F (1981). Psychological Types and Career Success in the Accounting Profession, ftesearch in PsycMogical Type, 4. pp. 34-37,

10

�To Die or Not to Die:
The Right to Choose
By Terry Selby
Course: Introduction to Sociology
Instructor: Dr. Barbara Mueller
Assignment: The student is to discuss the various sides of a controversial sociaol issue using
at least five professional sources and responding to a series of questions posed by the instructor.

Should death be a personal choice? Or should
society make this decision; whether one should be
able to die at his or her own will, in an effort to save
the family prolonged grief and perhaps hang on to
the one thing a terminally ill person may have left—
dignity?' And if a terminally ill patient is allowed to
die al will, should the physician assist with this
suicide or is euthanasia the answer.
I will begin by examining the difference between
assisted suicide and euthanasia. Assisted suicide
differs trom euthanasia in the extent to which the
physician participates in the process. In assisted
suicide, the patient performs the life-ending act under

the physician's guidance, while in euthanasia, the
physician administers the death-causing agent or
drug.
According to the Journal of the American
Medical Association, there appears to be an
increasing acceptance of society to condone assisted
suicide as well as euthanasia. For example, in the
Netherlands, euthanasia under limited circumstances
is practiced openly and commonly with the support
of the Dutch Medical Association and court
decisions. Euthanasia i.s allowed in the Netherlands
when four conditions are satislled:
I. There is intolerable sutfering with no prospect
11

�of improvement.
The patient is mentally competent to choose
euthanasia.
3. The patient requests euthanasia voluntarily,
repeatedly, and consistently over a reasonable
peritxJ of time.
4. Two physicians, one of whom has not
participated in the patient's care, agree that
euthanasia is appropriate.
Under these guidelines, approximately 5.000 to
10,000 of the Dutch die by euthanasia each year
(Orentlicher 1844). This Journal continues to state
that in the United States, evidence suggests that
assisted suicide i.s infrequently but increasingly being
performed, particularly by patients with acquired
immunodeficiency disease, or AIDS. Also, public
opinion polls indicate that the majority of Americans
believe that assisted suicide should be permitted
(Orentlicher 1845).
Information obtained from the New England
Journal of Medicine claim,s that some of the
practices that were controversial five years ago in the
care of dying patients have become accepted and
routine. "Do-nol-resuscitate (DNR) orders, non­
existent only a few years ago. are now
commonplace" (Wanzer 846). The New England
Journal goes on to say that many physicians now
agree that there is little difference between
intravenous feeding and other life-sustaining
methods. They have concluded that it is in fact
ethical Io withdraw nutrition and/or hydration from
certain dying, hopelessly ill, or permanently
unconscious patients. The public, as well as the
courts, lend to agree. Therefore, there has been an
increase in sensitivity to the wishes of dying patients
on the part of the physician, other health profession­
als, and the public.This entire subject is now being
discussed openly (Wanzer 847).
On the other hand, many people oppose the idea
of assisted suicide and euthanasia. An article in the
American Journal of Sociology argues that doctors
should not kill. That is the foremost rule of medicine.
Healing is the doctor'.s priority because it allows
patients to trust their d(Klors. "Physicians are always
concerned by patients slipping back or not getting

better. Once they think of death as a treatment
option, then physicians simply give in to these
weaknesses" (Shapiro 38).
As proof, this article uses the Netherlands as an
example. Physicians in the Netherlands are allowed
to help patients die, and avoid prosecution as long as
certain safeguards are followed. This system is very
popular with the Dutch and a model for euthanasia
supporters around the world. Unfortunately, there is
a bleak side to the Dutch practice. In slightly more
than half of these euthanasia cases, evidence
suggests that doctors end the lives of their patients
without their consent. This figure comes from the
government's own pro-euthanasia report in 1991
which noted that:
2300 cases of doctors killing patients
upon request in the preceding year, and an
additional 400 in which doctors provided
pills or other means of suicide. Another
1040 people were killed by doctors who
acted on their own. without a request from
the patient. Of these, seventy-two per cent
had never indicated that they wanted their
lives terminated. Furthermore, in 1800
deaths not reported as euthanasia, doctors
deliberately gave overdose.s of drugs—not
primarily to relieve pain, but to bring death.
And 941 of these occurred without the
patient's consent (Shapiro 38).
This article also says that Dutch doctors defend
their actions by stating that they did what they
believed a patient or his family would have wanted.
But unfortunately, in forty-five per cent of cases of
involuntary euthanasia in hospitals, doctors didn't
even consult the family members (Shapiro 39).
According to Richard Fenigsen, a retired Dutch
physician. "The euthanasia movement actually
promised liberation by death from the power of
medicine. Instead, the power of doctors increased
immensely. Doctors determine how euthanasia is
practiced, establish the diagnosis, inform the patient
if they want, and then they decide whether to report
it to the authorities and most cases are not reported"
(Shapiro 37).
It was reported in an issue of the National

2.

12

�Reference Center of Bioethics Literature that definite
strict safeguards should be proposed regarding this
issue. One commonly proposed safeguard is that a
patient would qualify for suicide help only if he or
she were in the last six months of life and in
intractable pain. But no doctor can say with certainty
when a patient has six months to live. And if a
patient in pain is allowed to die, it could be
considered immoral to deny the same right to some
one in terrible pain who faces a life of torment. Plus,
if competent people can seek death, it is impossible
to offer the same option to terminally ill babies,
adults in comas, or others who are unable to speak
for themselves (McCarrick 12).
This issue is obviously not a simple one. I feel a
person who is terminally ill should have the
opportunity to die at will, but I also feel it is
extremely difficult to impose effective guidelines
where assisted suicide or euthanasia is concerned. If I
was terminally ill, I believe I would be more
concerned about what my family would be going
through than my own suffering, but I would want to
make the decision to die on my own. 1 would
definitely not wish my physician to make this
decision without consulting me or my family.
I am not sure what the answer is. It is very
difficult to change society's attitude regarding

controversial topics. If we allow assisted suicides and
euthanasia, we could perhaps be creating a situation
where one could legally get away with murder,
claiming it was simply a case of assisted suicide. So
where do we draw the line? Should terminally ill
patients who do not wish to suffer any longer have
the right to die?
Suicide by the hopelessly ill may some day be
sanctioned. However, much more thought needs to
be given before involving physicians in the process
and compromising their essential role as healers.
Before having the opportunity to study sociology,
my opinions regarding most social problems were
strictly "for" or "against." I now find myself looking
at issues from different viewpoints. 1 try to evaluate
each issue from both a functional point of view, and
a conflict point of view before expressing an opinion.
Never before have 1 taken into consideration both
sides on issues such as abortion, assisted suicide,
using animals in medical research, the homeless, or
the AIDS epidemic, just to name a few. I feel I can
now look at these kinds of issues from both angles
and see legitimacies on both sides. Even though I
still may take a stand on each issue and defend it, I
am a little more open-minded towards the other side
of the issue and can look at each issue a little more
objectively.

Works Cited
Oeatlictwr. (Mvid,'Physician ParTkipation in Assisted Suicide,' Journal (^ihe Americun Mettiial

262 l3Ocii&gt;ber 6, 1991 pp IS44-|«45.

McCatnck, Pat Milmoe, "Active Euthanasia and Assisted Siuade.'Nationat Re/eremefor Buieihirt Uteraiure March, 1992 pp 12.

Shapiro. Joseph P.. "Death and Dying." The American Journal of Sociology. May 30. 1993 pp 36-42.
Wanzer. Sidney, "The Physician’s Responsibility Toward Hopelessly III Patients." The New England Journal ofMcdi, ate 320 13 March 10 I9S9

ppS44-849.

13

�c

Book Report
By Sandra J. Stille
Course: Foundations of Education
Instructor: Charlene Davis
Assignment: Choose a current book or a classical work on a topic pertaining to education.
Write a brief paper in which you first summarize and explain the thesis of the book, and second,
give your opinion of the book's content.

The United States was built upon the principles
of liberty, justice, and equality. Do these principles
apply today? Is there equality and justice for all?
Jonathan Kozol takes a startling and often
heartbreaking look into the disparities of education
in the United States in his book Savage
Inequalities.
When asked to describe the typical school
neighborhood, most Americans picture quiet treelined streets, nice homes with lawns and flowers,
and possibly a grassy park complete with a swing
set and jungle gym. This ideal picture is far from
the neighborhoods too many of our children grow
up and attend-school in. Kozol introduces us to a
neighborhood. East St. Louis, where raw sewage

invades the streets, homes, and schools, a condition
which could result in outbreaks of cholera,
hepatitis, and typhoid. Due to a lack of revenue
there is no money to correct this problem, or to pick
up the mountains of trash piled in yards that harbor
rats. Kozol describes Dead Creek, a dry creek bed
where children ride their bikes, which has received
notoriety for "instances of spontaneous
combustion." The creek "smokes by day and glows
on moonless nights” due to toxins embedded in the
soil from sewage, chemical, and metal plants.
Throughout the book Kozol introduces us to
severely segregated ghettos with living conditions
similar to East St. Louis.
It has been said that the problems of society
14

�converge upon the public schools. Kozol gives a public schools." He also states that in East St. Louis
startling account of the issues facing public schools "75 percent ol the population lives on welfare of
serving these neighborhoods. Kozol describes some form."
schools that have holes in the ceilings, broken
These factors are more compelling when coupled
windows, dysfunctional heating and cooling with the affluence that is often merely a district
systems, unrepaired fire damage, and broken urinals away. Kozol describes adjacent districts offering
and toilets. Kozol tells of one school. Pyne Point schools with Olympic sized pools, ample computers
Junior High in Camden. New Jersey, where "the fire for each classroom, state-ol-ihe-art lab equipment,
alarm has been dysfunctional for 20 years." Facility intense gifted programs. The author notes that many
overcrowding is also an issue. Kozol sites Public individuals in these districts are prominent
School 261 in the North Bronx which is housed in a
adversaries of any redistribution plan that would
former roller skating rink. This school's capacity is
allow more equality in education. They argue that
900 students; however, it serves 1,300. The author
money is not the answer. Kozol notes per pupil
observes schools where overcrowding forces small
spending of $2,100 in Illinois' poorest districts
classes to be held in urinals and closets.
compared to over $10,000 in the wealthiest. When
However, dilapidated inadequate facilities are
one examines these figures regarding the disparities
not the only issues facing these schools. Kozol in per pupil spending, it becomes obvious that it is a
describes these schools as having a nonwhite vast portion of the answer.
population of 95 percent. He cites schools that do
Although Kozol recognizes that bright,
not have sufficient basic supplies: pencils, paper, motivated teachers do make a difference in some of
crayons, textbooks. He describes Morris High the classrooms he observed, I found the descriptions
School in New York City where 'blackboards are in this book to be both distressing and
so badly cracked that teachers are afraid to let heartbreaking. 1 was distressed by the lack of
students write on them for fear they'll cut
concern and willingness to take concrete measures
themselves." He continues with classrooms that do
to equalize educational opportunity. Many
not have a teacher and schools that have an individuals in wealthy districts fail to realize that
insufficient number of counselors.
this issue affects all of society. These children do
The acculmulation of these issues contributes to
not possess the necessary skills to become a
the dropout figures generated by urban schools.
productive members of society. They are caught in
Kozol notes that the drop out rate for cities with
a ruthless circle of illiteracy and welfare. Not only
largely nonwhite populations is thought to be as
are we as a nation failing to provide each child with
high as 46 percent. He cites that children who begin
an equal opportunity to quality education; we are
their education at "Woodson Elementary School in destroying an innocence and trust found in every
Chicago have a high school dropout rate of 86
child. When children are expected to attend scho«)l
percent." How does this affect society? High under the conditions Kozol notes in the book, they
dropout rates have a positive correlation to
are learning that society places very little value on
delinquency and economic dependence. Kozol cites
them. It teaches them that the axiom of equality our
that According to the New York Department of
nation is built upon is meant only for the privileged
Corrections, 90 percent of the male inmates of the few.
city's prisons are the former dropouts of the city's

15

�c

A School of Thought
By Thomas Rogers
Course: Introduction to Art
Instructor: James L. Gaither
Assignment: Casper College has received a donation of unlimited funds to purchase one art work to be
displayed permanently on campus. This class has been asked by the administration to submit proposals as to which
work shcHild be acquired. Write a proposal. (The student was asked to address certain questions within the proposal.)

The importance of art to man can be surmised by
the fact that every culture that has been able to
progress past the point of pure survival has sought
to express itself creatively. Accompanying this
creative passion has been our great quest for
knowledge. University campuses have been built
with both knowledge and art in mind. Our school
now has the opportunity to add a piece of artwork
to our grounds. This is an opportunity to define
what Casper College is about and what our ultimate
goals are. With this in mind, it is my proposal that
the school should purchase Auguste Rodin's The
Thinker.
The Thinker is a life-sized bronze, full figure,
which is seated with face rested on fist. The man,

naked, is completely engrossed with his thought. It
was created in 1879- 1889, in France and now rests
on Rodin and his wife Rose's grave in Meudon,
France (Preble).
Rodin was greatly criticized during his lifetime,
1840-1917, by the established academies for
allegedly copying both Greek Classical and
Renaissance period art; ironically, these are the
periods those very academies evolved from
(Frisch). Rodin kept to his vision and now is
considered as the artist who returned sculpture to
the status that it hadn't had since Michelangelo gave
the world his visions, 400 years prior (Preble).
A review of Rodin's life. The Thinker, and the
ideals of our university, will demonstrate why The
16

�Thinker is lhe perfect work of an for our school.
The history of education and the role universities
play go hand-in-hand with lhe message that The
Thinker conveys. It does not go unnoticed that lhe
Greeks were founders of both higher education and
classical sculpture.
The basic concepts of universities, and our
society and ideals in general, have been handed
down from lhe Greek city-states. The Greek
philosophers gave us the precepts of ideals and
imponance for humans to constantly strive towards
those ideals. Universities were founded as places
where men would increase their knowledge. Truth,
beauty, and justice were more than empty words to
these ancients. They wanted an intimate
relationship with their ideals. Their ideals were
obvious in the artwork of the period as well.
Sixteen hundred years after the Greeks ruled, the
Renaissance came, and with it, the recognition that
man and ideals were inextricably bound together.
Again the school of thought was that to be "human"
meant that man should succeed in the here and now,
and not simply wait for the afterlife, echoing the
thought that the unexamined life is not worth living.
Today, this should still be society’s expectations for
our schools of higher education.
Yet. five hundred years later, our society is
increasingly less human. Many would argue that a
school like ours is nothing more than a diploma
mill. College is seen less as a place where humans
come to expand their intellectual abilities, and more
as a necessary hoop one must jump through on the
way to the job market. A sculpture like The Thinker
would represent that Casper College is committed
to more than diplomas and that our school values
lhe essence of the eclectic thinking man.
Rodin came from what would be considered a
middle class family. At lhe age of fourteen, he wa.s
enrolled at lhe School of Mathematics and Design
in the hopes that he would learn a trade (Selz).
Rodin possessed more ambition than to just take a
job. so he decided to follow his heart into art. His
respect for the Renaissance style and man as its
primary subject was a natural extension of being
human. Many attacked Rodin for trying to merely

copy lhe styles before him, but closer examinations
reveal a sensitivity and depth that goes far beyond
simple mimicry. He learned from those before him
and then extended that knowledge. This is precisely
what our universities are supposed to do.
The Thinker represents brute man developing his
reasoning skills, an animal awakening to thought
(Frisch). It was originally conceived as The Thinker
based on Dante brooding over his vision of hell
(Frisch). However, Rodin’s humanistic approach
inspired his belief that man's reasoning abilities
would deliver him to a higher plane while alive.
This parallels lhe purpose of our universities. Rodin
believed so strongly in this, and in this piece of
work, that he included The Thinker in another
sculpture known as The Gates of Hell which
represented man’s hope.s and woes, through such
excesses as greed and passion. The purpose of the
placement of The Thinker in this "doorway" was to
demonstrate "man rising to reason, which shall
dominate the brute and free the spirit”!Frisch).
Rodin felt man should be himself wholly at every
moment, whether of ecstasy or anguish, and life
would be enriched.
This school’s purpose is to develop lhe minds of
its students. To invoke thought and provide the
reasoning skills that will help lead to answers ought
to be lhe main role of education. As we approach
the twenty-first century, this university can make a
statement that inslitulion.s of higher learning ought
to be concerned with lhe ability to examine our
existence while we are living it. The Thinker would
make such a statement.
I am attending school not so much for the ability
to simply get a job, but for lhe opportunity to
become more of what I a.s a huntan can be. The
Thinker is the quintessential work of art dealing
with our ultimate questions of humanity. What
student could sit next to The thinker and not ponder
their existence, their reasons, their beliefs, and their
future? This would truly define inspiring thought.
These moments of quiet contemplation would be
the greatest tribute to Rodin, the men of lhe
Renaissance, the Greet philosophers and,
undoubtedly, our university.

17

�Works Cited
Prebk, Duane.Anfnnns. New York: Harper Collins College PuMishers. 1994. 394.
Selz Jean Mixirm St ulnire. New York; George Braziller. Inc.. Copyright unknown. 93-117.

Frisch. Vklor. artd Joseph T Shipley. XHgurfe Jfne/m. A SMgmpfly. New York: Frederick A. Stokes Company. 1939.

18

�c

Last Will and Testament
By Terry Appleby
Course: Paralegalistn H
Instructor: Mary Kubichek
Assignment: Draw up a will for Susan Smith.

I, Susan Smith, residing at 210 Main Street,
Casper. Wyoming. 82601. County of Natrona, State
of Wyoming, being of lawful age, and of sound mind
and memory, and not acting under duress, menace,
fraud or undue influence, do make, and declare this
to be my LAST WILL and TEST?KMENT and do
hereby revoke all previous Wills and Codicils made
by me.

SECOND: 1 declare that I am widowed, that 1
have two children: Kathryn Smith, who.se birthday is
September 19, 1984. and Margaret Smith, whose
birthday is January 10. 1980.

THIRD: 1 appoint as Executor of my estate,
without bond, my brother, Rob Deen, or if he
predeceases me. or for any reason can not fulfill
these duties, my brother. Kent Deen. I give my
Executor full power to sell, convey, lease, or
mortgage any real estate that 1 may own al the time
of death, and as a part of any such transaction to
execute, acknowledge and deliver all necessary
deeds and other instruments required.

FIRST: I direct that all my debts, including my
funeral expenses and expenses of the administration,
are to be paid by my named executor as soon as
reasonably possible. These shall be paid out of the
first monies available. $5,000 is to be paid to Rob
Deen to repay money borrowed on December 1,
1989.

FOURTH: I give, devise, and bequeath all of my
19

�cstale. real, personal or mixed to my children,
KATHRYN SMITH, MARGARET SMITH, and any
future children bom or adopted by me. share for share.

225 Main Street, Casper, Wyoming 82601.
TWELVETH: Should any of my beneficiaries in
this Will contest it in any manner, I revoke any gift
to him or her, and direct that his or her share of any
gift be disposed of as if he or she had predeceased
me.

FIFTH: If my youngest child has not reached the
age of Twenty-five (25). I hereby establish a TRUST
in the names of KATHRYN SMITH. MARGARET
SMITH, and any future children bom or adopted by
me. The TRUST will consist of my estate, including
any and all real and personal property, tangible and
intangible interests, benefit entitlements and any
other monetary or property interests.

IN WITNESS WHEREOF, I. SUSAN SMITH,
sign my Last Will and Testament, in the presence of
the attesting and subscribing witnesses whose names
appear below, on this 1st day of April. 1994, having
declared in the presence of said witnesses that this
writing, consisting of 4 pages, is my Last Will and
Testament. Each page of which is initialed by me
and by each of the subscribing witnesses.

SIXTH: I hereby appoint Rob Deen to serve as
TRUSTEE. In the event that Rob Deen is unable to
serve as TRUSTEE, then I designate and appoint
Ken Deen as TRUSTEE.

SUSAN SMITH

SEVENTH: The powers of the TRUSTEE
include usual and customary rights as laid out in both
common and statutory law with the State of
Wyoming and any amendments thereto. TRUSTEE
shall pay out proceeds of the Trust those sums
essential and necessary to the children's well-being
and be certain that funds for further education are
liberally distributed.

The foregoing instrument, consisting of 4 pages,
was on this 1st day of April, 1994, subscribed by
SUSAN SMITH, the above named testator and by
her signed, sealed and published and declared to be
her Last Will and Testament, signed in her presence
by:

EIGHTH: The said TRUST shall be terminated
upon the Twenty-fifth birthday of the youngest child,
whether it be KATHYRN SMITH. MARGARET
SMITH, or any future or adopted children.

WITNESS

ADDRESS

WITNESS

ADDRESS

I, SUSAN SMITH, Testator, sign my name to this
instrument consisting of 4 pages, this 1st day of
April, 1994, and being first duty sworn, declare to
the undersigned authority and that I execute this, my
Last Will and Testament, free and voluntarily, and
that 1 am an adult person of sound mind, and under
no constraint or undue influence.

NINTH: I hereby appoint Rob and Kate Deen as
LEGAL GUARDIANS with FULL CUSTODY for
KATHRYN SMITH. MARGARET SMITH, and
any future unborn or adopted children. In the event
that Rob and Kate Deen are unable to serve as
GUARDIANS. I designate and appoint Kent Deen
as secondary LEGAL GUARDIAN with FULL
CUSTODY of the persons and estate of my minor
children. KATHRYN SMITH. MARGARET
SMITH, and any future unborn or adopted children.

SUSAN SMITH

We. David White and Cheri Black, the witnesses,
sign our names to this instrument, being first duly
sworn, and do declare to the undersigned authority
that the testator signs and executes this instrument as
her Last Will and Testament, and that she signed it
willingly: and that she executes it as her free and
voluntary act for the purposes therein expressed, and
that each of us, in the presence and hearing of the

TENTH: In the event the beneficiaries of this will
predecease me. leaving no heirs, 1 give my entire
estate to the Girl’s Club of Casper, 8228 Second
Street, Casper, Wyoming. 82601.
ELEVENTH: 1 leave any and all property not
otherwise disposed of in this will to Karen Jones,
20

�Testator hereby signs this Will as witnesses to the
Testator's signature and (hat to the best of our
knowledge, the Testator is an adult person, of sound
mind and under no constraint or undue influence.

WITNESS

ADDRESS

WITNESS

ADDRESS

STATE OF WYOMING

COUNTY OF NATRONA )
SUBSCRIBED AND SWORN to before me by
SUSAN SMITH, the Testator and subscribed and
sworn to before me by David White and Cheri Black
this 1st day of April, 1994.

Notary Public

)
)SS.

21

�c

Response:
Sculptural Idea
By Pamelia Leatherman
Course: Sculpture I
Instructor: Linda L. Ryan
Assignment: Give a one to two page written response to assigned chapter readings in .lame*
Kelly’s book Sculptural Idea.

In junior high school I was introduced to
sculpture through an art class. Though this was a
long lime ago. I remember that we did several
projects that included working with clay and
copper. As 1 grew older and had several
opportunities to visit the Natural Museum of
History in Denver, I was introduced to art works
(hat I could not comprehend. Why on earth anyone
would paint a picture of a disfigured form or slap
together a bunch of junk was beyond my
comprehension. I'hen 1 met a wonderful man who
was from New York and had traveled throughout
the world. It was through this man that I became

aware of how NON twentieth century Wyoming is.
By taking Sculpture, it is my hope to gather a better
appreciation for the arts. I hope to be able to speak
the proper language and know what is being said
where certain arts are concerned. To aid in this
learning process, I have carefully begun Io read The
Sculptural Idea, by James J. Kelly.
Through reading the preface, I was introduced to
associations of sculpture that had never occurred to
me. My opinion of sculpture or any form of art was
someone’s talent constructed and then shared with
others. My opinion of famous art was simply this,
“It was old and hadn't deteriorated: therefore it
22

�must be popular.” To describe such a work, 1 would
say that the Mona Lisa was a picture of a very
homely lady. The purpose of that work was simply
to share what that era was like, with regards to
clothing and hair style. To say that I understood art
would have been a complete lie. Then I read a
definition that made a lot of sense to me. Kelly
wrote, ... is a gathering in of ideas, concepts and
directions and a general reevaluation of the past
experimentation and the establishment of a viable
vocabulary to carry over into the twenty-first
century.” p. xi. Because I love to write, I compared
what this said with my knowledge of writing and
suddenly there was meaning behind these arts.
What really drew in my interest was the definition
Kelly used for content, “Content is the idea,
message, or whatever one chooses to call that
which is transmitted from the artist through the
work to the audience.” p. xi. When I write a piece, I
find it very important to make sure that the content
is clear to the reader. By comparing this with art. I
found another similarity that I could use to increase
my understanding. As I concluded the preface. I ran
across a line that baffled me. Kelly wrote.
“Sculpture today, then, is its own reality.” p. xii. In
some cases I could see where this may be true but
surely not in all cases. I concluded that I need to
learn more before I will truly understand this
statement.
In “The Ambivalence of Sculpture: The Artist,
the Critic, the Consumer and the Consumed.” I read
. we find primary structures and minimal art,
kinetic, junk, assemblage, object, reductive,
deductive, destructive, planal. spatial, hard edge,
soft, structured, serial repetition, happenings,
environments,
multiples,
monochrome,
polychrome, funk, punk, pop, op, combined,
technological and systems-oriented sculpture, plus

23

all the traditional lorms.” p. 1. Boy was my work
cut out for me. Just in that line alone one could
easily be scared away from ever learning anything
about art. Even though 1 know some of those terms.
I am no where close to knowing what I want and
now I must tread a little harder. How in the world
would I ever understand what Kelly was saying. As
I continued to read. Kelly wrote, “The main
concern is that each new approach, no matter how
outrageous, be examined extensively by each
viewer lor its basic significance and then be
accepted or rejected accordingly.” p. 2. To me this
means that one should not prejudge anything at first
sight. I should approach any piece of work with an
open mind, try looking into the artist’s reasoning.
That was a concept that I can understand. As I
continued to read through the chapter, 1 felt that
some statements really bothered me. But the one
that most caught my attention was where Kelly
stales, “Fame and money are to the artist as
alcoholic drinking is to automobile driving.” p. 5.
Kelly goes through and explains that in this age,
man’s attention is caught up by money and fame.
Sometimes artists desire so much to get ahead that
they do things that on the normal basis they
wouldn’t even consider. I would wonder if they
would loose sight of themselves and their
convictions by stooping to such levels.
Through the preface and the first chapter. I feel
that I have been introduced brielly to the world of
sculpture, I believe that if I take what 1 learn
through Kelly’s writings and what I learn in class. 1
will have a clearer understanding of sculpture. I
many not always agree with what is said, but in
keeping an open mind I should clearly know the
language and appreciate the art. 1 will also be able
to identify those different arts mentioned earlier
that threw me into a tailspin.

�Digital Sound Recording
and Playback Lab
By Parrish Shook
Course: Microprocessor Applications
Instructor: Miles Hecker
AsBignment: Objective: To provide the student with a working knowledge of the hardware
and software required to
1. Use a small computer system to digitize and store audio signal level analog waveforms.
2. Playback the audio waveform though a simple amplifier.

Parts List

Procedure Description

I - 386 AT clone with an 8255 PPI
I- 40 pin parallel connector cable to a protoboard
I-DAC0806 D/A
1- ADC 0820 A/D
2- LF351 op amps
1- LM386 low level amplifier
2- small speakers
I - various resistors and pots
1- various caps
I - signal generator with DC offset capabilities
1- Oscope

1. Construct the circuit in figure 1. Notice that this is
essentially the same circuit as used in MODULE EX
I with the addition of an LM386 amplifier driving a
speaker. Also, filtering capacitors have been added.
2. Write a program to output a sine wave to the
Digital to Analog Convertor (DAC) in much the
same way a.s was accomplished in MODULE EX
1. You should notice a continuous pitch from the
speaker. Vary this pitch by adding a time delay to
the program.
24

�Conslrucl the circuit in Figure 2. Adjust the
signal generator to produce a KXMlHz sine wave
that varies from 0 to +5v. You will need to
utilize the DC offset capabilities of the generator
to achieve this.
4. Write a program that reads the Analog to Digital
Convertor (ADC) at periodic intervals and stores
the data in memory. Read a total of 60,000
values from the ADC over a lime span or
approximately 4 seconds. Once 60,000 values
have been read, send the 60,(X)0 values to the
DAC and listen to them as they are reproduced
though the speaker. See figure 3 for a flowchart
of an example program.
5. Vary the frequency of the generator to obtain
different tones though the speaker.
6. Disconnect the signal generator. Construct the
circuit in Figure 4. With no signal input from the
microphone, adjust Potentiometer R’ to obtain
+2.5V at the output of the LF35I. while talking
into the microphone, monitor the output for the
LF351 with an Oscilloscope. You should see
waveforms that vary approximately from 0 to
+5V. Connect the output of the LF351 to the
input of the ADC.
7. Use the program developed in Step 4 to digitize
approximately 4 seconds of your voice and play
it back though the speaker.

3.

9.

MOV AL,0

JMP lOB
(OUT DX,AL)

This jumps to OUT DX,AL lo
continue oulpiiiiing data lo port A,
forever.

MOV AX, DS
ADD AX, 1000
MIV ES, AX

This moves the ES address into the
AX. This is done so that we can
add 1000 lo it and store our
recorded data away from our
program and not trash our program.

MOV AL, 91
MOV DX, 303
OUT DX, AL

This configures the ports for output

MOV AL, OB9
OUT21. AL

MOV DI.(300]

This turns off the real time clock.
This is done so it doesn't interfere
with the sound lo be recorded.
This moves the contents of
memory location 3(X) into the DI
register.

MOV BX,FFFF This moves FFFF into BX. This is
our counter.

Programs

This moves 00 into AL. The reason
for this is so we can increment and
produce our sawtooth wave.

This increments AL so we can gel
the next piece of data.

Program #2

Program # I

This configures the ports for output.

INC AL

This ends the program. Exits lo
DOS or DEBUG, dejx;nding upon
the configuration.
Program #1 is merely a lest program that tests the
play back circuitry.

Expand the program of step 4 to graph your
voice signals on the computer's monitor. See the
handout for details of video interrupt 10.
Expand the program of step 4 to store the
digitized data on a floppy disk. See the handout
for detail of reading/writing a disk with
interrupt 21.

MOV AL,80
MOV DX,3O3
OUT DX.AL

This sends the data out to port A.

INT 20

Extra credit

8.

MOV DX,30l
OUT DX,AL

25

MOV AH,9

This is the control word for INT 21.

MOV DX,2(X)

This moves 20() into the DX
register. This is where our print
message is stored.

INT 21

Thi,s prints our message "Press any
key to start recording.”

MOV AX,0
INT 16

This is the control word for INT 16.
This reads the keyboard.

MOV AL, 10
MOV DX, 302
OUT DX, AL
MOV AL. 0
MOV DX,3O2
OUT DX, AL

This strobes the read (RD) line
high and low.

�IN AL,DX

This reads the port to get our audio
signal.

MOV AL.ES:
ISIJ

This moves our stored data from
memory to AL.

AND AL.I

This checks to see if we have
recorded for a full four seconds.

OUT SX. AL

This outputs our stored data to
DX. where it is introduced to our
circuit.

JNZ 179

This jumps to 179 until AND AL
produces a zero. The program then
drops on through.

MOV ES:
|DI|. AH.

This moves the data coming in
from the port to the memory
location we specified 1000 bytes
away from our program.

INC SI

This moves 60 into Cx. This is a
small delay loop.

DEC!BX

This decrements our counter.

LOOP 184

This loops until our delay is done.

JNZ IBC

INC DI

This increments DI so we can store
the next sequential piece of data in
the next sequential memory location.

This jumps to allow us to retrieve
the next sequential piece of data.

MOV CX,60

MOV DX,300

MOV CX,60 S
LOOP IC3

This move,s 300 into the DX
register.

IN AL.DX

This moves the contents of the
port into AL.

MOV AH.AL

This moves our data into AH so it
doesn’t gel trashed.

DECBX

Thi.s decrements our counter.

JNZ 16D

This jumps to I6D to retrieve the
next piece of data.

MOV DX.300

This moves 300 into DX. This is
our print message "Press any key to
playback the sound you recorded.”

INT21

This prints our message.

MOV AX.O

This is the control word for INT 16.

INT 16

This reads the keyboard.

MOV DX..3()t

This moves 301 into DX.

This jumps to our print statement
"Press any key to play back the
sound you recorded." This was
done so you don't have to keep
recording again to hear it again or
having to reset the Instruction
pointer to hear again what was
recorded.

MOV AL. 0B8
OUT 21. AL
INT 20

This turns the real time clock back
on.

Analysis of Results
Figure 3 contains the microphone and an
amplifier which amplifies the signal from the
microphone. This is where the whole process starts.
Sound, your voice, entering the microphone is
amplified by the microphone amplifier and sent to
the 8-bit Analog to Digital Convertor (ADC).
The ADC converts the signal from analog to
digital by taking samples at specific intervals Fig 4.
The samples are composed of eight binary bits
because it is an 8-bit ADC. In the binary number
system there are only two numbers: 0 and I. Thus the
sample is composed of an eight digit number of Ts
and O’s. These I's and O’s correspond to various
voltage levels at various points along the analog
wave Fig 4a.

MOV BX.OFFFF This moves FELL into BX. This is
our counter.

This is the control word for INT 21.

This increments SI so we can
retrieve our next sequential piece
of data and send it to our output
circuitry.

JMP IB4

Subroutine for playback
This moves 300 into the SI.
MOVSUtX)

MOV AH.9

This is a short delay.

26

�This illustration makes it clear that the use of a
higher sampling rale (more samples per time period)
yields a more faithful reproduction of the input
waveform.Another example of sampling is shown in
Fig 9.
Fig 9 shows how the squarewave and the
sinewave are related in the conversion prtKcss. Fig
10 shows samples being taken al equally spaced
intervals. Fig lOa shows the input waveform. Fig I Ob
shows the samples and Fig 10c shows ihe wavefonn
and the samples combined.

These I's and O's are what make up the data that
will create the squarewave Fig 4b. The resolution of
the ACXZ and DAC determines the quality that the
reproduced signal will have. The resolution is
determined by the number of bits that the ADC and
DAC has.
For instance, if the DAC/AEXZ has 8-bits it will
take eight samples per time period. If the DAC/ADC
has 64-bits it will take 64 samples in the same time
period. This results in a much higher resolution.
Refer to Fig 5 and Fig 6 which show the difference
in number of samples per time period. This illustrates
a much more accurate representation of the sine
wave with more samples (Fig 6) than less samples
(Fig 5).

The resolution provided by using an 8-bit DAC is
lhe minimum acceptable for voice reproduction. This
is true because voice frequencies generally don't
exceed 3.3KHz. This means that lhe sampling
frequency must be at least 7.3KHz. An 8-bit
DAC/ACX? can handle that sampling rate.
The sampling rale, the rate at which samples are
taken, must always be no less than two times the
highest frequency to be sampled. This means that
there must be al least two samples for every
frequency. Just as having a higher sampling rale
increases the resolution, having a DAC and DAC
that use more bits will increase the accuracy with
which the wave is sampled and thus increase the
fidelity of the output.
Fig 2 contains the 8255. This is lhe chip that
interfaces lhe computer with lhe DAC and ADC. The
signal enters the ADC and is converted from an
analog signal to a digital signal. It takes lhe input and
manipulates lhe data into a formal lhe computer
understands then outputs ii to the computer lo be
stored.
After approximately four seconds, lhe recording
portion of lhe program is finished and a message

Fig5

sampled in Fig 5 would look. Fig 8 shows how the
waveform of Fig 6 would look when reproduced.

27

�irtrt

0

Fig 9 (c)

T

7T3T4T«T6T7T«TtT

FiglO

appears on (he screen asking the user to "press any
key (o play hack the sound you recorded."
At this point the play back subroutine is accessed
and executed. The data is retrieved from memory and
enters the 8255, which interfaces the signal to the
DAC. The DAC converts the signal from a digital
form to an analog form by reversing the process
described above for converting from Analog to
Digital.
The amplifier and speaker are the last components
Io be used in this process. Now that the signal (your
voice) has been converted from analog to digital,
stored in the computer's memory and reconverted to
analog, it is time to reproduce your voice and see
how much it sounds like your voice. The amplifier
amplifies the analog signal coming out of the DAC
and the speaker plays the amplified signal.
Thi.s circuit yielded a very surprisingly accurate
replication of our voices that we recorded. It was at
least as good as a tape recording; and the beauty of
this form of recording is that there is no static, hiss or
motor noise you often get when using a tape recorder
to record voice.
We found that building and testing the circuit in
small pieces as the assignment recommend,s is a good

idea It is also important to ensure that each section
works properly before proceeding with building any
more of the circuit. This saved us lime when we had
to go back and troubleshoot the circuit.
We also learned that chips can go bad while they
are installed in the circuit. Thi.s can cause great
heartache if you aren't aware of a bad chip and you
are trying to fix a "faulty" program. We discovered
this when we had the system partially working and a
chip went bad. Things that had previously worked
suddenly didn't work. This caused us to spend a lot
of time trying to fix the program. We later
discovered the bad chip. Upon replacing the bad chip
with a good one we found that the program or
software was correct.
We did have a few problems with the software as
well. Writing a program to perform this function is
not easy. Other problems we encountered were
having the Digital to Analog convertor (DAC) data
lines connected wrongly. This resulted in much
distortion upon playback. The reason for this is that
with the lines connected incorrectly some of the
information was going to the wrong place. We found
that the quality of the recorded audio wa.s fairly good
when we finally got all the bugs worked out of it and
28

�gol the DAC data lines connected correctly.
It is also beneficial to follow the flow charts that
are given for writing the programs. Il is also
important that the data (your voice) that you store is

stored in memory space that is well away from
where your program is siored; olhefwise you will
write the data right over your program and have no
program left with which to play the sound back.

29

�30

�List of Definitions
Analog

Audio

Digital

Frequency

slate.s or oscillates though a rotation of
360“. One cycle per second equals I
Hertz (HZ). One thousand Hertz,
equals I KHz because K is the symbol
for Kilo which is the Systme
International (SI) symbol for KXM).
Sinewave
A waveform that is repetitive and
sinusoidal in form. See figure 4.
Squarewave A waveform that is repetitive and
square in fonn. See figure 5.
Troubleshoot To examine something and detennine
what is wrong with it and then fix it.

Analog implies something that is
similar; in this case, the signal is
similar in that it is repetitive in form.
Voice or music. For the purposes of
this lab voice will be used.
Simply put, it is either on or off. A one
in digital represents an "on" condition
a zero indicates an "off* state.
The rate at which something occurs. In
electronics frequency is the number of
times per second that a signal changes

Works Cited
Thompkins, W.J. Webster J.G. Interfacing Seniors lo ihe IBM PC. Prentice Hall Englewoud Cliffs, New Jersey I98S.
Intel. Peripherals Intel Corporation Literature Sales Ml. Pruspevt, 11 1990.
Intel, Micmsysiem Companenis Huntibitok Microprinessors and Peripherals Volume 11 Intel Corpuraiiun Literature Sales Ml Pnwpeci, II I9K5

31

�Stack Test
By Joel K. Southwick
Course: Foundations of Learning (Educational Psychology)
Instructor: Dr. Ruth Doyle
Aasignment: This class project is applied research based on one of the seven designs taught
in educational psychology.
ABSTRACT
This study found a correlation between gender at ages five through eleven regarding spatial-perception skills. Chtldren performed tests by

duphvaiing stacks of colored bhx.-ks from nuxlels displayed by the researcher. The resulting time to build each slack was noted and averaged

then compared. Test results iixJicaied a slightly higher proficiency for females.

Introduction

differences in gender could be a first step in defining
spatial-perceptual advantages.

Gender differences are a concern for most parents.
They may question the advantage one gender might
have over the other in the learning arena. One factor
that might lead to an advantage would be the ability
to perceive spatial differences. An edge could allow a
child to learn Io write earlier, recognize solutions to
spatial problems earlier, or provide enhancement in
some sporting activities. Regardles.s of the area, most
parents would readily promote perceptual advantages
to give their child as much encouragement and
promotion in academics as possible. Recognizing

Problem Statement

The problem of the research was to disclose
gender differences solving spatial-perceptual
problems, by recording times of children as they
build block stacks from a model and averaging
recorded times.
Rationale

The researcher theorizes that a child may suffer
perceptual handicaps because of their gender.
Previous evidence has suggested that males may
32

�1

have a higher spatial-perceptual proficiency, thus
providing academic advantages.

4.

Hypothesis

5.

1.

2.

3.

Null: The researcher theorizes that gender does
not pose a significant factor in the ability of a
child to solve spatial-perceptual problems.
The ability of a child to solve spatial-perceptual
problems specifically measured by reproducing
stacks of blocks is dependent on gender.
Research question: If the gender of a child
negatively or positively impacts a child's ability
to solve spatial-perceptual problems, how can
parents or educators promote the positive aspect
and negate the negative aspect of this
phenomenon?

Stacks: Stacks of wood blocks arranged as
mtxiels for children to copy.
Symmetry; The reflection of like objects on two
different sides, here referred to as two different
sides of a particular stack.

Methods and Procedures
Subjects

Twenty-four children from a local daycare were
chosen for the study. They ranged in age from five to
eleven years old and consisted of ten males and
fourteen females. They represented a broad range of
the socioeconomic spectrum, from lower income
families to families in the middle class income range.

Limitations

Instrument

1.

To measure the ability to solve problems of a
spatial-perceptual nature the researcher designed
what will hereafter be called “Stacks.” These stacks
were wood blocks of various colors and geometric
shape. They included simple squares to trapezoids
and round peg shapes.
The younger groups of children were presented
with symmetrical stacks of 5 to 7 blocks for ages five
and six, and stacks of 8 to 10 for ages seven to eight.
The older children, aged nine to ten and eleven or
older, were presented with stacks of no particular
symmetry and an increased number of blocks. These
gradations of stacks were expected to reflect the
developmental differences in the different age
groups.
The children were shown a previously constructed
stack and asked to immediately copy as accurately as
possible. The children were prevented from viewing
the stack before a signal to proceed, and then were
timed with a digital stopwatch to the nearest second.
Errors in duplication of stacks were counted and
noted then averaged by child and gender to provide
an idea of variance among groups.

2.

3.

4.

Children perform differently due to diet, sleep,
emotional state, etc. The results may be skewed
due to an off day of a child, therefore affecting
his/her testing.
A child's ability to perform test may be
impacted by his/her attitude or rapport with the
tester.
Convenient, quiet testing area was not always
available; therefore a child's attention to task
may have been distracted.
Stacks of blocks were designed by a non-expert
in the field of child psychological testing;
therefore an accurate representation of ability
may be diminished.

Operational Definitions

1.

2.
3.

Spatial- perceptual ability: The ability to
recognize differences in shape, color, and
orientation of an object in relation to other
objects.
Gender The sexual orientation of an individual,
either male or female.
Mean or average: The fixed number
corresponding to a given group of numbers,
found by dividing the arithmetic sum of the
numbers by the quantity of numbers, in this case
the times in seconds of the children to complete
stacks of blocks divided by the number of
models each child duplicated (3).

Design

This study reflected a quasi-cxperimental design,
ie. the recorded times were found by separate
experiments for each child and averaged according to
gender, with no random sample.
33

�Results
The researcher rejects the null hypothesis on the
basis of statistical data gained. Furthermore, the
researcher accepts the hypothesis that the ability to
solve spatial perceptual problems may be influenced
by gender.
Note, accompanying chart lists recorded times
first then error count for each model duplicated.
Times may be averaged by adding scores across B,C,
and D, then average is noted in block E. Errors were

counted as 15 for a perfect stack then one point off
for each error. Age group eleven and up - male is for
one child only.
The results reflected a 2.49 second faster averaged
time for females at 45.27 seconds, with males
averaged time at 47.76 seconds.
Average time deviations were 12.12 for females
and 18.44 for males
The females averaged 98.87 percent accuracy, and
the males averaged 97.36 percent accuracy.

Stack Configurations

#1 for 11 &amp; up

»2 for 11 &amp; up

*3 for 11 &amp; up

34

�stack Configurations

f2 FOR 5-6

nR
#1 FOR 5-6

35

�Conclusions and Summary

Recommendations

The researcher found that there is slight evidence
to suggest that females have an advantage solving
spatial-perceptual tasks. This would imply that
females have an edge in a behavior which requires
the ability to recognize differences as spatial
relationships. This behavior could be an advantage,
particularly, in recognizing things that are mentally
constructed, notably text, thereby promoting reading
and writing skills. It must be noted, however, that the
deviation reflected a much wider range for males
than females. This is attributed principally to the fact
that at least one male scored far outside the mean.
Associated scores for females at this age group were
62 seconds faster.
Error averages indicated a definite control as
genders scored within 1.5% of each other. This error
scoring suggests that females were more careful, thus
reflecting even more of an advantage.

To improve statistical evidence in replicating this
study, consideration should be given to expanding
the number of children tested. Also testing should be
done at different times of the day and week to
provide more control over extraneous variables.
Regarding this evidence, the researcher suggests
that educators and parents engage as much effort as
possible to stimulate their childrens' spatialperceptual activities. These efforts could include
playing with blocks at an early age. puzzles of all
kinds, and enccniraging them to read and write. All
parents want their children to enjoy as much success
as possible in and out of school. By paying close
attention to their spatial-perceptual skills and others
such as speaking and social interaction, children can
be encouraged to have as rewarding and productive a
learning process as possible.

36

�B

c

D

1 Males 5-6

MODEL!

MODEL 2

MODELS

AVERAGE/ERRO

2

19 SEC/15

21 SEC./13

12 SEC/15

17.33SEC/14.53

3

32SEC./15

37 SEC714

24SEC715

31 SEC 14.66

4

30 SEC/1'5

43 SEC/15

23 SEC 15

32 SEC/15

A

E

S AVERAGE FOR GROUP

27.33 SEC/14.74 ERROR

6 FEMALE 5-6

40 SEC/15

31SEC/15

28 SEC/14

33 SEC 14.66

7

34 SEC /15

34 SEC/15

22SEC /15

30 SEC/15

8

37 SEC/15

32 SEC/15

23 SEC/15

30.66 SEC/15

9

39 SEC/ 15

33 SEC/15

22 SEC/ 15

31.33 SEC/15

10

36 SEC/15

27 SEC/15

21 SEC/15

28 SEC/15

1 1 AVERAGE FOR GROUP

3O.e SEC/14.S 3 ERROR

12 MALE 7-8

20 SEC/15

30 SEC/15

77 SEC/15

25.66 SEC/15

13

73 SEC/13

47 SEC/15

36 SEC/11

52 SEC/13

14 AVERAGE FOR GROUP

38.83 SEC./14

ERROR

1 5 FEMALES 7-8

64 SEC/15

36 SEC/15

40 SEC/15

46.66 SEC/15

16

63 SEC/15

44 SEC/15

53 SEC/15

53.33 SEC/15

17

53 SEC/15

53 SEC/15

50 SEC/15

53 SEC/15

16

31 SEC/15

34 SEC/15

25 SEC/15

30 SEC/15

19 AVERAGES FOf
20

9-10

GROUP

45.49 SECONDS/1S

ERROR

3Q SEC/13

33 SEC/15

50 SEC/14

37.66 SEC/14

21

52 SEC/15

44 SEC/15

73 SEC/15

63 SEC/15

22

37 SEC/15

44 SEC/15

48 SEC/15

43 SEC/15

23 AVERAGES FOI^

GROUP

24 FEMALES 9-10

46 SECyiS

38 SEC715

67 SEC715

50.33SEC/15

25

39 SEC/15

37 SEC/14

47 SEC/14

41 SEC/14.33

26

38 SEC/14

41 SEC/15

55 SEC/15

44.66 SEC/14.3

47.88 SEC/14.66 ERROR

27 AVERAGE FOR GROUP

45.33 SEC. /14.55 ERROR

28 MALE 11 A UP 71 SEC/15

78 SEC/15

82 SEC/15

77.33 SEC/15

29 FEMALE n&amp; UP 74 SEC/15

61 SEC/15

70 SEC/15

88.33 SEC/15

30

62 SEC/15

54 SEC/14

51 SEC/14.66

37 SEC/15

31 AVERAGE FOR GROUP

59.66 SEC /14.83 ERROR
37

�Woman and the Bible

A Nineteenth Century View of Christianity from the Female Perspective

By Audrey L. Vanderford
Course: Nineteenth Century American Women Writers
Instructor: Dr. Carolyn Logan
Assignment: Each student chose a topic connected to nineteenth century women writers;
topics could be anything from the style or content of a specific writer's work to the social context
in which the writers worked. Each student wrote a formal paper and presented its contents to
the class in an informal oral report.

soapbox to voice their opinions. The subjugation of
their sex by Christianity is also reflected in the
writings of women in the nineteenth century.
Marietta Holley and Rose Terry Cooke in particular.
It all started with Eve, the first woman. The Bible
clearly states that Adam was with her when the
serpent offered the forbidden fruit, but she is the one
denounced for (xiginal sin. As Samantha Allen puts
it, “Now in that year one, when Adam and Eve eat
that apple, jest as quick as Adam swallowed it—
probable he most choked himself with the core, he
was in such an awful HURRY to get his mouth clear.

“Whether the Bible is used in the trial of Anne
Hutchinson (1637) or in the Vatican statement
against the ordination of women (1977). its function
is the same, namely, the legitimization of societal
and ecclesiastical patriarchy and of women's
‘divinely ordained place’ in it. From the outset of the
women’s movement and even today, the Bible has
played a key role in the argument against women’s
emancipation.’' When the Seneca Falls Convention
of 1848 was held in a Methodist chapel, it
symbolized that women’s grievances were partly
religious. However, women did not just use the
38

�so he would lay the blame onto Eve. ‘The woman did
tempt me, and I did eat.”’ Although God punished
both Eve and Adam, mankind only punishes woman.
With this first man and first woman came the first
marriage. It is portrayed as an equal relationship.
Nineteenth century women saw marriage in a much
different tight: “The institution of marriage makes a
parasite of woman, an absolute dependent.«lt
incapacitates her for life's struggle, annihilates her
social consciousness, paralyzes her imagination, and
then imposes its gracious protection, which is in
reality a snare, a travesty on human character.’’’
Elizabeth Cady Stanton describes marriage in this
way: “...I object to the teachings of the Church on
this question [of marriagel . Its interpretation of the
Bible, making man the head of the woman, and its
form of marriage, by which she is given away as an
article of merchandise, and made to vow obedience
as a slave to a master, are all alike degrading to my
sex....’’* However, as Betsey Bobbet puts it, marriage
was “wimmen’s speah’’.’Girls were raised from birth
that that was their duty.
Male literature certainly reiterates this role of
women, for rarely in their works-the Bible included-is a woman seen as any more than a wife. Rose
Terry Cooke comments on this in “The Ring Fetter.’’
“Here by every law of custom ought my weary pen
to fall flat and refuse its office, for it is here that the
fate of every heroine culminates. For what are
women bom but to be married? ...(AJnd though the
custom brings a woman's legal existence to an end
when she merges her independence in that of a man.
and the (novel writer] curtails her historic existence
at the same point, because the novelist’s catechism
hath for its preface this creed “The chief end of
woman is to get married.’**
The role of women as wives is undoubtedly
reinforced by the Bible. Indeed Proverbs 31:10-31
deal with ‘The Wife of Noble Character.’ No such
description is giver* for husbands. Similarly, the
advice in Ephesians is chauvinistic: “Wives, submit
to your husbands as to the Lord. For die husband is
the head of the wife as Christ is the head of the
church....Husbands love your wives, just as Christ
loved the church and gave himself up for her.”

(Ephesians 5:22-25)
Rose Terry Cooke’s short story “Mrs. Flint’s
Married Experience’’ highlights the abuse of women
possible within a patriarchal marriage. The Widow
Gold, feeling unloved and unneeded, marries the
Deacon Flint, a miserly bastard if there ever was one.
In an attempt to usurp her property—this was not just
the custom, but the law—Flint promises his wife ‘a
living’. “You see, you don’t have no more’n your
livin’ out of your’n now: that’s all we any of us get in
this here world. ‘Hevin* food an raiment, let us
therewith be content,’ as Scripter says.’’’ True to his
word, Flint nearly starves his new wife to death—
both from lack of food and lack of love. Forced to
move out from under her husband’s roof—a crime
against God!—to save her health. Mrs. Flint is
excommunicated from the church, a deathblow to a
New England Calvinist. Although there are some
happy marriages, Cooke shows that women are the
losers when there is no balance of ‘power’.
Cooke creates a character even more evil than
E)eacon Flint to show the need for divorce—Arthur
Dimock. He is a brutally violent man and knows that
his wife cannot leave him. “...Away from your
husband! You fool! You can't get away from me!
You're mine, soul and body,—this world and the
next! Don’t you know that? Where's your promise,
eh?-’for better for worse!’—and a’nt I worse, you
cursed fool, you? You didn’t put on handcuffs for
nothing; heaven and hell can’t get you away from me
as long as you’ve got on that little, shiny fetter on
your finger, don’t you know that?’** With this tragic
story, Cooke shows the fault in the church’s
insistence that only adultery can be grounds for
divorce. In Samantha Rastles the Woman Question,
Holley creates a conversation between Samantha and
Victoria Woodhull, a famous feminist of the time, on
the subject of divorce. As Victoria puts it, ‘“Those
that God has joined together, no man can put
asunder. Those who are really married heart and sole,
would never separate; it would only correct abuses
and separate those that man, and not God. had joined
together.’’ ’
Although God created woman for Adam because
he thought it wasn’t good for him to be alone, St.
39

�Paul believed otherwise. His advice to singles was
“...Il is good for them to stay unmarried." (1
Corinthians 7:8) Celia Barnes, an old maid and
central figure in “How Celia Changed Her Mind," at
first disagrees with this Pauline teaching. Despising
her situation, Celia marries the Deacon Everts, a
character similar to Deacon Hint. Unlike Mrs. Flint,
Celia survives her husband and inherits his life
insurance policy. “'I earned it," she says, giving
herself to promoting the life of celibacy.
Just as Eve was the mother of mankind, it has
been another role of women to bear children and to
raise them as good Christians. One sees the impact
on children and the mother-child relationship of a
strict Calvinist upbringing. “‘Beware of idols!’ was
the stem warning that had fallen on fThankfiil Blair}
’s first outburst of joy at the birth of one living child
at last, and from that time the whole tenor of her
husband's speech and prayer had been that they both
might be saved from the awful sin of idolatry, and be
enabled to bring up their child in the fear of the
Lord.” “ The repression of emotion is a common
theme in Cooke's short stories, particularly “Too
Late," where a mother must deny her natural feelings
for her child.
Calvinist beliefs further harm children by the
corporal punishment inflicted on them. Beatings are
justified with the old saying ‘spare the rod, spoil the
child’. For example, Hannah Blair raises her
daughter with the strict convictions her father
imposed on her. These lessons were reinforced with
a switch. “Dolly was never punished for what she
had not done, but always for what she did do, and
services were exacted from her that made her
childhood a painful memory to all her later Ufe.'^ For
example, Sundays were one long,, grueling religious
meeting after another, where the child was forced to
sit perfectly still and to study (he Bible. However
well Dolly behaved, that evening she was “soundly
whipped for being restless.'^ This treatment of
children was validated by the church.
Through (heir works, nineteenth century women
writers also commented on Gnostic views within
Christianity, particularly the hatred of oneself and
40

one's body. Throughout the Bible, it is woman who
is seen as the temptress, (he seductress, the
adulteress:
llie (Lord’s wisdom} will save you also from the
adulteress, from the wayward wife with her
seductive words. (Proverbs 2:16)
For the lips of an adulteress drip honey and her
speech is smoother than oil. (Proverbs 5:3)
A wife of noble character is her husband’s crown,
but a disgracefill wife is like decay in his bones.
(Proverbs 12:4)
Nowhere in the Bible does it mention outright a
‘wayward husband’ or ‘seductive man’, although
stories like Abraham and Hagar show that they
certainly existed. “Says [Samantha to Abraham}
[Ishmael) is your child, and if it hadn’t been for you,
Hagar would probably now be a doin’ housework
round in Beersheba, a happy woman with no
incumbrances."'* The words of Proverbs, along with
the blame for the fall of man, led women to be
restrained and self-conscious. For example, in "Too
Late,” Hannah Blair believes that her feelings of love
for Charley Mayhew are “...nothing less than a direct
Satanic impulse.” Hannah’s religion teaches her to
hate her body and detest pleasure and sexuality.
This self-loathing is further augmented by lack of
respect women get in the patriarchal system.
Society’s values were those of men. This often left
women with little or no self-respect. For example, in
“Miss Beulah’s Bonnet,” Miss Beulah misses church
because she has no bonnet to wear. Deacon Morse
and Deacon Flint come to visit her to see why she
has backslid.
She explains herself, but they do not appreciate
her reasoning. They do not understand the
importance a woman places on a church hat—not so
much a matter of vanity, but one of dignity.
Therefore, Miss Beulah is ostracized from the
community, until, ironically, a group of women band
together to make her a new bonnet.
It is more than jus( male values that the patriarchy
impioses on society and women. Not only do men
hold the monopoly on power, but also on language,
for the Bible is certainly male gender specific.

�Despite all their grievances with the Church, most
nineteenth century women remained Christians. The
writings of Marietta Holley and Rose Terry Cooke in
particular show how their faith can be ameliorated
with their belief in women’s rights. Perhaps
Elizabeth Cady Stanton summed it up best when she
said, “When women understand that governments
and religions are human inventions, that Bibles,
prayer books, catechisms, and encyclical letters are
all emanations from the brain of man, they will no
longer be oppressed by the injunction that come to
them with the devine authority of ...This saith the
Lord.”.”

Samantha Allen tackled this subject with her usual
wit: “‘I have got this to say, Josiah Allen. The
Meetin' House haint a-actin* right about wimmin.
The Founder of the Church wuz bom of woman. It
wuz on a woman's heart that His head wuz pillowed
first and last. While others slept she watched over
His baby slumbers and His last sleep. A woman wuz
His last thought and care. Before dawn she was af the
door of the tomb, lookin' for His cornin'. So she has
stood ever sense—waitin’, watchin’, hopin’, workin’
for the cornin' of Christ.”'* The gender of the
language in the Bible is still today used to repress
women, for example in preventing them from
becoming ordained ministers.

Notes
1.

Finrenza. pg 7.

2.

Holley, "On Winkin' st Men's Sins", pg, 139.

3.

Goldman. "Marriage and Love", pg 77.

4.

Stanton. Elizabeth Cady. "The Man Marriage". The Revolution, circa 1869. pg 76.

5.

Holley. "A Song", pg 81-

6.

Cooke, 'The Ring Fetter", pg 41 -42.

7.

Cooke, "Mrs. Flint's Married Experience", pg 189.

8.

Cooke, 'The Ring Fetter", pg 56.

9.

Holley, "Interview with Theodore and Victory", pg 106.

10- Cooke. "How Celia Changed Her Mirxl". pg 149.
11. Cooke.'TooLate", pg 216.
12. Ibid,, pg 230.

13.

Ibid., pg 231.

14.

Holley. Th) Winkin'at Men's Sira", pg 140.

15. Cooke. Too Laie", pg 218.
16.

Holley. “On Women aitd the Meetin' House", pg 178.

17. Stanton, Elizabeth C ady. Eighty Yean and Mon, 1896. pg 126.

WorksCited
Cooke, Roae Terry. "Hme Celia Changed Her MM" mid Selected Stories. Rutgers University Press. New Brunswick. 1986.
Cooney. Robert. The Anver of rhe People: Active Nonviolence indie United States. New Society Publishers. Ptuladelphia. 1987.
Ftorenza, Elisabeth Schussler. In Memory af Her: A Feminisi Theologicai Peconstmetion af Christian Origins, Crossroad Publishing Company,

New York.1983.
GoMtnan. Emma. “Astarchism" and Other Essays, Dover PuMicatiorK. Toronto. 1969.
Holley. Marietta. Samantha Rasdes the Woman Question. University Of Illinois Press. Urbana. 1983.

Kierkegaard's "Attack Upon 'Christendom'", translation by Walter Lowrie. Princeton University Press, Princeton, 1968.
McPhee, Carol and Am Fitzgerald, Feminist Quotations: Voices ofRebels. Refisemers. and Wsiemiries, Thomas Y. Cromwell Publisher, New York. 1979.
Perkin Joan. Women and Marriage in Nineteenth Century England, Lyceum Books, Chicago. 1989.

Russell. Bertrand. Marriage and MoraLs, Bantam Books, New York. 1929.
Student Bible, The, Zondervan Corporation. Grand Rapida, 1986.

41

�Women’s Clubs and
Organizations
An Historical Synopsis
By Kathy Goedicke
Course: Introduction to Wb/nen’s Studies
Instructor: Arlene Larson
Assignment: Research a topic relevant to women’s lives, one not usually presented in
stamdard history books. Write a short paper to present your information.
My personal experience wiih women's clubs
comes from the fact that my father came from a
small town in Alabama. While growing up I had
many opportunities to visit his hometown on family
vacations. My paternal grandmother was the total
'Southern woman.' I was always fascinated when she
would go to her club meetings. She would dress up
beautifully, right down to the white gloves. Although
I never got to go with her, she would come back and
42

tell me about the meetings. By the way she talked, I
figured out that it was a prestigious social club and
all the fine women belonged. She would tell me
about how the membership board had decided not to
accept a particular woman because she just wasn't
club material! I never quite figured out what club
material was, but it was pretty obvious that you had
to be part of the social elite to join. I had learned by
personal experience that women's clubs were a place

�and religious teachings.
There was another form of clubs for women's
education, however, and it was known as the study
club. These groups usually met five criteria
according to Theodora Penny Martin. These criteria
were "(I) all the participants were women; (2 )they
were women attempting to educate themselves; (3)
the leader was as woman of strong personal
characteristics; (4) the content was uplifting; and (5)
the purpose widened over time" (Martin, 1987, p. 5).
The topic of these early study clubs was usually
based in theology and they would have a sermon to
start the meetings but the issue would grow into the
discussion of theology in general.
One of the earlier organizers of a group for the
purpose of study was Lucy Larcom. Lucy was a mill
worker, as were many women of the time. She
formed the Lowell system that provided free
grammar schools and organized church "social
circles," night schools and a lyceum in an effort to
contribute to the intellectual and spiritual
development of the mill girls and "nourish a belief in
the dignity of labor. ” (Martin, 1987, p. 7) This is an
interesting idea from someone who started in the
mills in 1835 at the age of 11.
Although these clubs were few in members at the
beginning, these clubs grew to where they were very
common and were known as "reading parties"
(Martin, 1987, p. 7). Groups of women would get
together and sell tickets to raise money to have a
guest lecturer in. These reading clubs actually started
out as groups of women who read good literary
works together in gatherings of 10 or 12. These
reading clubs spawned other groups, some of which
were so well organized that they even had a
"complete board of officers" (Martin, 1987, p. 57).
Some of these study groups grew quite large and
were organized by departments of study, such as
science, travel, and philosophy.
In researching this subject, I found that as these
clubs grew and changed, they continued past being
Just study clubs. They evolved into groups that not
only met the needs of socialization and the desire for
education, but they began to address the issues that
concerned women.

of socialization. Learning in this class that clubs
were also a way that women educated themselves
made me want to learn more about these clubs.
Embarking on the research of women's clubs 1
have found that these clubs had many and varied
functions. Among these functions were the
socialization of women, educating women, spiritual
growth and working for reform concerning women's
issues. These clubs and organizations changed the
face of America. Some examples of these changes
are the Temperance movement that was organized to
keep men from drinking in taverns, getting women
the right to vote and the mandates of providing child
care. The club movement has spanned many years
from the early 1800's until today. The movement has
involved literally hundreds of thousands of women
and the changes these clubs have made are
significant.
One of the first references to socialization that I
found relating to clubs was from the book A Harvest
Yet to Reap (Rasmussen, Rasmussen, Savage, &amp;
Wheeler, 1976). It tells about a woman on a
homestead who, after two years found herself a
nervous wreck because of the isolation. Her health
had gotten bad and she had spent a lot of money on
doctors. She made the decision to join the W.G.G.A.
(Women's Grain Growers Association) because she
finds "that everything does not fall apart if she takes
an afternoon off to attend the meetings" (Ramussen,
et al 1976, pg 126). On the same page of this book
another women tells of the founding of the Victorian
Order of Nurses by women who would minister
medical aid to families surrounding them on the
frontier.
When we change our focus to the ability of these
clubs and organizations to educate women, the
research becomes even more interesting. The
writings of history have shown that formal schooling
for women did not really start until the late 18th
century. However, the informal education of women
had been taking place for hundreds of years through
social interaction and clubs. The quilting bee was
one example of this type of organization. The
women would get together for a common goal and
while working on the quilts they would share ideas
43

�Some of the changes have come from such groups
as the W.C.T.U.(Women's Christian Temperance
Union), who "campaigned for kindergartens, police
matrons, and child labor laws" (Smith. 1970, p. 256),
Although the W.C.T.U. got a bad reputation for
being axe wielding saloon crashers, they, in fact,
may have been the most important group ever. "They
were the most extensive agency of social reform in
our history and one of the most enlightened" (Smith,
1970, p. 257). Many of these women’s clubs and
organizations have changed things for the better and

enabled women today to enjoy the advantages of
their labors.
In conclusion, I would like to say that I never
would have undertaken this research on my own. I
am glad that 1 did because I have learned a great
deal. Enlightenment through education is the
cornerstone of all things. Although I have the
advantage of getting my education through formal
channels, learning is still as important to me as it was
to my foremothers.

References
Martin. P. (1987), The Sound Of Our Own Voices. BosUm: Beacon Press

Rasmussen, Linda. Rasmussen. Loma, Savage, C., &amp; Wheeler, A. (1976). A Harvest To Heap. Nebraska: Univereily of Nebraska Press
Smith, P. (1970). Daughters Of The Promised Land. Boston: Little. Brown and Company

44

�Fiber Optic Technology
By Pandora J. Hemsher
Course: Independent Study: Fiber Optics
Instructor: Dave Arndt
Assignment; To research the topic rf fiber optics and write a report on the topic. The report
must have documented references and use the APA format for these references.

Introduction
Using light for communications is not new. They
date from Paul Revere s famous ride to lighthouses
warning sailors of dangers. There was an optical
telegraph built in France in the 1790's. Throu^ the
years all over the world there were people
experimenting and testing the idea of using light for
different types of communications (Sterling, 1993;
Lacy. 1982).
Fiber optics is a method of carrying information
from one point to another. An optical fiber is a thin
strand of glass or plastic that serves as the
transmission medium over which the information
passes. The fiber carries light through it instead of
electricity like the traditional copper wire. The basic
fiber optic system is a link connecting two electronic

circuits. There are four main parts of a link as follows
1. Transmiltcr-This part converts the electrical signal
into a light signal. The light source is either an
LED or a laser diode.
2. Fiber optic cable-This is the medium for carrying
the light and includes the fiber and its protective
covering.
3. Receiver-This accepts the light and converts it
back into an electrical signal. The receiver is
made up of two parts, the detector which
converts, the light signal back into an electrical
signal, and the output circuit to amplify the
electrical signal.
4. ConnectorS’These connect the fibers to the source,
detector, and other fibers (Sterling, 1993). With
the movement into the information age and the
45

�need lo move information faster, more efficiently, characteristics like copper wires. Fiber optics come
more reliably, and less expensively, the use of in very handy where there is a problems with EMI
fiber optics has helped to fill all of these needs. (electromagnetic interference). EMI will not cause
Fiber optics is exceptionally suited to the errors or distortion in transmission of data through
requirements of digital telecommunications fiber optic cabling. You can also run fiber cable
because it allows the transmission of large beside high voltage lines without creating problems
amounts of data. It is immune to electrical noise with the transmitted data. This is possible because
which has been a problem with conventional there is no crosstalk between parallel fibers and it has
telephone wiring since the beginning. Fiber optics immunity to inductive interference (Sterling 1993;
is less expensive than microwave transmission Lacy 1982; Meardon 1993).
and it has started to challenge satellite
Another advantage is weight; fiber is a lot lighter
communications in some applications (Sterling, than copper wire. Fiber is also a lot smaller in
1993; Lacy, 1982),
diameter than other transmission mediums. The
There are quite a few advantages to using fiber difference in size and weight have made fiber very
optics as a communications medium. First of all, appealing in aircraft and submarine technology, to
fiber has a large bandwidth ranging from zero to the telephone companies, and in businesses where
ITHz. Today's applications have not come close to there are mass amounts of computer or electronic
using this bandwidth range, however, they arc using equipment. Fiber can deliver signals at a lower cost
only about lOGHz of these transmission frequencies. because it has a longer life span, greater reliability,
This bandwidth range significantly out performs and it is easier lo maintain than the other transmission
conventional copper wiring and coaxial cabling.
methods. It also has a high tolerance lo temperature
Low losses in fiber are also very profound. When extremes as well as liquids and corrosive gases.
talking about losses here, we are talking about
Safely is another factor to take into consideration.
getting all of the information from point A to point B Optical fiber is a dielectric and does not carry
without losing its signal strength, data, or voltage electricity through it. It can not produce sparks or
levels. This signal strength degradation is called cause fires and it is not attractive lo lightning. Fiber
attenuation. In fiber, the attenuation is flat, which can’t be tapped into easily and doesn't radiate energy
means the loss is the same at any frequency until you so in the area of security, fiber is far superior to
hit the very high frequencies (above IGHz). In copper copper wire. You can easily expand a fiber system’s
twisted pair and coaxial cable the attenuation transmission capability. A big concern in today's
increases rapidly with the increase of the frequency world is to make use of common natural resources;
going through the wire. To try to fix the problems of fiber optics does this through the use of silicate sand
lost data, repeater stations are set up along the (Sterling, 1993; Lacy 1982; Meardon 1993).
transmission’s path to boost the voltage signal so that
There are a few disadvantages of using fiber optic
the data will not get lost.
cables. Some types of fiber cables are harder lo join,
Fiber optics needs to use repeaters when especially if your method of joining is fusion
transmitting long distances but they do not have to splicing. Splicing can be time consuming, which in
place them as close together, unlike with the other turn increases the cost of installation of the cable. If
transmission methods (Sterling, 1993; Lacy, 1982; an electrical communication link is needed at a
Meardon 1993).
remote site, then an additional conducting cable for
Fiber also has electromagnetic immunity unlike voltage has to be added lo the cable's configuration.
its counterpart copper. Optical fibers do not radiate This also requires two conveners, one to convert the
or pick up electromagnetic radiation. This is due to fiber signal to an electrical signal and one to convert
the fact that fiber optics have no antenna the electrical signal back lo a fiber optic signal.
46

�The physical characteristics of an optical fiber
include the core, cladding, and jacket. The core is the
inner mo.st section and it is the light carrying
element. The cladding, the outer layer, provides the
difference in refractive index that allows total
internal reflection of light through the core plus adds
some support to the fiber. The jacket or coating acts
as a shock absorber and protects the fiber from
moisture and abrasions (Sterling 1993; Lacy 1982;
Meardon, 1993; Killen 1991). The core dimensions
do have regulations set by the International
Electrotechnical Commission. They are
t. For graded-index multimode fibers, a core
diameter of SO micrometers and a cladding
diameter of 125 micrometers.
2. For step-index multi mode fibers, a core
diameter of 200 micrometers but an unspecified
cladding diameter (Sterling 1993).
3. For step-index single mode fiber, a core
diameter of eight micrometers and a cladding
diameter of 125 micrometers.
There are tight tolerances because even slight
variations in the dimensions can cause significant
changes in optical characteristics. It is not uncommon
to see core diameter tolerances specified as low as W2 micrometers. Fiber optics are classified in three
ways (Sterling, 1993).
First by their material makeup; Glass fibers have a
glass core and cladding and is the most widely used.
The glass used in fibers can be ultrapure,
ultratransparent silicon dioxide or fused quartz.
Plastic clad silica (PCS) fibers have a glass core and
plastic cladding. This type of fiber ha.s a respectable
performance rate but not as good as all glass fibers.
Last there is plastic fibers which have both plastic
core and cladding. These fibers are limited in loss
and bandwidth but are also very low cost and easy to
use. In some applications they are very attractive
(Sterling. 1993).
The second way fibers are classified is by their
refractive index of the core and the modes of fiber
propagation (Sterling, 1993).
There arc three types of fibers classifications
when looking at their refractive index profile. The
first one, multimode step-index fiber, also called

Water intrusion can cause the fiber to decay over a
long period of time (Meardon, 1993). This means
replacement of the cable; however, fiber cable will
outlast copper wire where water intrusion is
concerned.

Optical Fiber
"Light is electromagnetic energy, as are radio
waves, radar, television, radio signals, x-rays, and
electronic digital pulses. Electromagnetic energy is
radiant energy that travels through free space at about
300,(X)0Km/s or 186,000 miles/s. An electromagnetic
wave consists of oscillating electric and magnetic
fields at right angles to each other and to the direction
of propagation. The main distinction between
different waves lies in their frequency or wavelength.
Frequency defines the number of sine wave cycles
per second and is expressed in hertz. Wavelength is
the distance between the points on two consecutive
waves. Wavelength and frequency are related.
Wavelength (lambda) equals the velocity of the
wave(v) divided by its frequency(f). Light has both
wavelike and particlelike characteristics. It is
parliclelike in its photoelectric effect, light striking
the surface of certain solids causes them to emit
electrons. It is wavelike because light beams can pass
through one another without disturbing each
othcr”(Lacy, 1982, Sterling, 1993). Light is refracted
and/or reflected through the fiber. When light
changes its direction of travel it is said to refract.
Refraction is bad because it changes the speed of the
light wave and causes distortion of the light wave.
Different wavelengths of light travel at different
speeds in the same material. This variation of
velocity with wavelength plays an important role in
fiber optics. There is a refractive index used in fiber
optics to tell you how much the light will be refracted
between the materials used. Reflection is where a
small portion of the transmitted light reflects back
into the fiber. In fiber optics these reflections are
called Frensel reflections. Frensel reflections are
desired because the light must stay in the cable to
reach its destination with minimal signal dissipation.
When discussing reflections you are mainly
concerned with losses in dB's (Sterling, 1993; Lacy
1982; Meardon, 1993).
47

�step-index fiber, is the simplest type. It can be
constructed from glass. PCS, and plastic. It has the
most signal loss due to modal dispersion. This is
where a pulse of light that began as a tight and
precise defined shape has dispersed or spread out
over time. This results from the varying path length
of different modes in a fiber. This can cause
problems in data being lost during transmission.
Because of this, this fiber is used more for short
transmissions (Sterling ,1993; Meardon, 1993). "In a
step-index fiber, the refractive index is constant
throughout the core” (Lacy. 1982).
Next there is graded-index fiber. This fiber has
numerous concentric layers of glass within its core.
The layers, as they get farther from the axis, have a
lower index of refraction. Light travels faster in a
lower index of refraction. The light rays will tend to
reach the end of the fiber at the same time and the
modal dispersion problem is greatly decreased
(Sterling, 1993; Meardon, 1993; Lacy 1982).
Last there is a single mode fiber. Here you don't
have any problems with modal dispersion since the
fiber is only carrying one mode. 11 has a bandwidth
potential of 50 to lOOGHz/ l2Km. In single mode
fiber the optical energy also travels in the cladding
unlike the others so the construction and size of the
cladding has to be taken into consideration when
using a single-mode fiber (Sterling 1993; Meardon,
1993, Lacy, 1982).
The third type shows the relative index of
refraction of the core and cladding for each type of
fiber (Sterling, 1993). "This index is simply the ratio
of the speed of light in air (c) to the speed of the light
being considered (v)” (Lacy, 1982). When talking
about light and its refraction understanding terms
like normal, the angle of incidence and the angle of
refraction are important. "Normal is an imaginary
line perpendicular to the interface of the two
materials. The angle of incidence is the angle
between the incident ray and the normal, and the
angle of refraction is the angle between the refracted
ray and the normal” (Sterling, 1993). Knowing ihis
information gives you an idea to how the light will
pass through the fiber that is being worked with.

Connectors
In making the ST II connectors it is important to
follow safety precautions associated with bare fiber.
Wearing safety glasses is very important; if a piece
of fiber would break and go up in the air, it could
pierce an eye. NEVER look into a fiber, under a
microscope, if it's hooked up to a laser or LED.
ALWAYS make sure that it is not connected. Paying
attention while using the epoxy is also a good
idea;epoxy can cause skin and eye irritation. When
using the heater to cure the epoxy to the connector
make sure there aren't any combustible items near so
a fire danger isn't created. It is also important to have
something sticky like tape close to put broken or bad
pieces of fiber on it to keep track of them.
Assembling the connector is easy once the
technique is understood. The most important thing to
know, the type of fiber and connector that is being
used and follow the procedures that go with those
specific types. Manuals will give directions on the
connectors and, depending on the type of fiber being
used, give specific directions for the different types.
Another important procedure to pay attention to is
how much epoxy to use while assembling the
connector. If too little epoxy is used, the fiber will
not be secure within the connector. If loo much
epoxy is used, the connector can be ruined because
the fiber will not be able to transmit properly and
hours to polish it off. Which brings up polishing. The
directions specify that the polishing tool should be
moved in a figure eight motion. The technician needs
to be gentle so not to crack or break the fiber
throughout the polishing process. The polishing stage
is where the technician really needs to pay attention
to the directions and know what type of fiber is being
worked with, since the polishing procedures are
different for different fibers.
When polishing the ST 11 connector there are two
types of polishing papers to use. First start with a
course grit Io get the fiber where it is flat and there
are not any sharp edges. Next, switch over to a fine
paper to get the rest of the epoxy off the tip of the
connector. During the process the lechnicain needs to
be aware and careful not to crack the fiber. The ST 11
style connector is one of the most popular connectors
48

�in use. It is widely used in local area networks
(LAN's), premises wiring, test equipment and other
applications. The quick release bayonet locking
mechanism is easy to use and with the built in key
ensures the mating of the bushings are the same
orientation which helps predicting losses. The ST II
connector comes in various materials, including
ceramic, stainless steel or plastic ferrule, in single
mode and multimode versions and in epoxyless
versions (Sterling, 1993).
The Biconic connector is similarly assembled but
like any connector, pay close attention to the
directions. When injecting the epoxy into this
connector the technicain needs to be very aware of
what is being done. This connector takes a minimal
amount of epoxy. The polishing requirements are
also different. The biconic connector is used for data
links and can be either used in single mode or
multimode applications.
There arc many more types and styles of
connectors used in fiber optics. Another popular
connector is the SC connector. It was used for both
singlemode and multimode applications. The
connector used a push-pull engagement for mating
and was designed to be pull proof. The SC connector
is easy to connect to multifiber connectors. The
FDDI MIC connector is a duplex connector using
two 2.5 ferrules. One feature is the fixed shroud that
protects the ferrules from damage. Also it has a
positive side-latch mechanism and keying capability
make the connector easy to use. This connector can
mate to another FDDI connector, two ST-style
connectors or a transceiver. The SMA connectors
were standardized by NATO, the US military and the
lEC. They have a threaded coupling nut that is
among the most mature and popular styles. There are
two basic types 905 and 906 style. The 905 style uses
a straight ferrule and the 906 style has a step down
nose. Last there are plastic-fiber connectors. They arc
very low cost and easy to apply. They have gained
popularity in digital audio electronics (Sterling.1993).

Splicing
Fusion splicing uses an electric arc to weld two
fibers together. Fusion splicing is very sophisticated.
Using computer-controlled alignment of fibers, the
losses routinely achieved can be a.s low as 0.05dB.
Because the fiber is fused, return reflections are
virtually eliminated. Its main drawback is the high
cost of equipment and from my experience, getting
used to the machine and cutting the fiber takes a lot
of practice. When the lowest possible losses are
needed, fusion splicing is considered the most
a{^&gt;ropriate (Sterling, 1993).
Two fibers can be spliced together by mechanical
and GTE Fastomeric splice sleeve. Mechanical
splices have been devised in many forms. They are
easy to make and have low losses. The GTE
Fastomeric splices are also easy to make. This splice
uses a elastomer sleeve. It is accomplished by
inserting the two cut and cleaned fibers inside of the
sleeve on a v-groove. This splice's losses are
typically under 1.0 dB (Sterling, 1993; Meardon,
1993). The biggest advantage of splicing fiber
together versus using connectors is with splicing
there arc no mating problems, such as those
associated with connectors.

Conclusion
Using light as a source of communication has
been around for many years and I feel that we are
just seeing its capabilities. There are many
advantages to using fiber instead of the traditional
copper wire. Not to say that copper wire does not
have its place in the electronic field, but for some
applications fiber optics will do the job better.
When dealing with fiber optics there are many
particulars to take into consideration. The type of
fiber to be used, if you want to use connectors or
splice the fibers, what application you are going to
use the fiber for. Make sure you are aware of all of
the specifications of the fiber you want to use.

Works Cited
Sterling. Donald J Jr., Tfchrticiaii'x Guide To Fiber Optics. Delmar Publishers Inc.. 1993.
I.acy. Edward A.. Fiber Optics. PrerMkx-Hall Inc., I9S2.
Meardon. S. L Wymer. The Elements of Fiber Optics. Regents/Prentice Hall. 1993.
Killen. Hanihl B.. Fiber Optic Communications, Pientke Hall. 1991.

49

�c

Intake Interview Memo
By Joelle Hadley
Course: Introduction to Paralegal Studies I
Instructor: Ruth Garrett
Assignment: Lectures and interviewing exercises are presented to familahze the student
with a basic understanding of protocol. The student must find a person willing to be interviewed
about a real legal problem. After conducting the interview, the student must draft the memo in
accordance with a specified format. (Names are chAng^ )

Intake Memorandum

PERSONAL DATA:

RUTH GARRETT

NAME OF CLIENT: JANE DOE

FROM:

JO HADLEY

ADDRESS;

DATE OF MEMO:

NOVEMBER 2. 1994

CASE;

JANE DOE

FILE NO:

94-131

TO:

*♦** E. 941h AVENUE

CASPER. WY 82609
TELEPHONE:

(307)235****(h)
(307)265****(w)
41

TYPE CASE:

FAM. LAW

AGE:

RE;

DIVORCE

MARITAL STATUS; MARRIED
SSN:
642-23-9441

DATE OF INTER VIEW: OCTOBER 21. 1994

EMPLOYMENT:

50

EMPLOYED PART-TIME,
HOMEMAKER

�Mrs. Doe initially contacted our offices on
October 18, 1994, requesting a divorce fee quote.
After checking attorneys’ fees in the community, she
selected this firm to represent her. Mrs. Doe intends
to retain you fw representation in her divorce action.
You asked that I meet with Mrs. Doe for an initial
interview arxl information gathering session prior to
your appointment with her at 10:00 A.M. on Friday,
November 4, 1994.1 was unable to coordinate an in­
office appointment to conduct an intake interview
with Mrs. Doe during our regular office hours due to
her scheduling conflicts and child care needs. I
conducted the intake interview at her residence
during the evening hours of Friday, October 21,
1994.
This is the Doe's first marriage. Mrs. Doe has not
worked outside of the home since the marriage. She
and her husband have two children. Jilt (bom 06-0983) and Jack (bom 08-26-85). There are no other
children of the marriage (x previous children prior to
the marriage for either Mrs. Doe or her husband.
Mr. Doe left the marital home on August 19,
1994, and has not sought legal representation in this
matter. He is currently residing with his parents at
***♦, Vista Circle, Allendale. WY 82714, (307) 577****

landslide into obscurity. Mr. Doc became employed
with Acme Tool Company in 1985 as a salesman.
His current gross monthly income is $3,675.00. He
also receives monthly and annual sales bonuses.

Marital Discord
Mrs. Doe indicates that an escalating pattern of
marital discord over the past two years, exacerbated
by her husband's substance abuse and marital
infidelities, has led to her decision to divorce her
husband. She states the infidelities began about two
years ago and that "everyone in the neighborhood"
knew about it It seems that Mr. Doc would bring his
girlfriend into the marital home for overnight visits
when Mrs. Doe was out of town.
Mrs. Doe related she attempted to engage her
husband in not only marital but also substance abuse
counseling over the past two years without success.
She estimates she made at least a dozen
appointments for marital counseling; however, she
was the only one aside from the counselor who kept
the appointments.
Her husband’s substance abuse was manifested by
physical evidence (she found cocaine in the bottom
drawer in the bathroom) and dramatic personality
changes. There were no apparent changes in his job
performance. Mrs. Doe alleges he made numerous
purchases for clothing, electronics, gifts, etc. with
cash at a time in their marriage when they had a
negative cash flow. She does not know anyone who
can corroborate his substance abuse; his old friends
will not talk with her. She suspects he was "dealing
drugs" not only to support his substance abuse, but
also to make these purchases.
In August of this year. Mrs. Doe attempted to
facilitate an intervention with substance abuse
counselors on behalf of her husband. Mr. Doe
refused all assistance offered, and, indeed, denied he
even had a substance abuse problem. Shortly
thereafter, he moved out of the marital home.

Initial Summary
Mr. and Mrs. Doe were married in a civil
ceremony at the courthouse in Casper in the spring of
1980. Mrs. Doe is a 41 year old Oucasian, mother of
2 children who is a lifelong resident of the state of
Wyoming. Mr. Doe is a 42 year old Caucasian who
was bom in Red Cloud. Nebraska Mis. Doe attended
grammar school and high school in Centennial,
Wyoming. Mr. Doe was educated in Grand Island,
Nebraska and has a high school education.
During the early years of the marriage. Mr. Doe
worked as an oilfield roughneck and his work
required travel throughout the intermountain region.
He followed the transient lifestyle of an oilfield
worker and Mrs. Doc resided with her parents in
Torrington.
Mrs. Doe and her husband moved to Casper in
1984. shortly after the oil boom economy began its

Welfare of Minor Children
Mrs. E)oe relates her marital problems are having
an adverse effect on the children. Jill’s grades in
school are falling and Jack has evidenced behavior
problems in the classroom.
51

�The school psychologist has recommended
follow-up counseling for each of the children with
Dr. Jones (a local child psychologist) on a bi-weekly
basis.
Mrs. Doe wants primary custody of the children
with limited visitation by their father. Indeed, until
Mr. Doe provides evidence of substance abuse
counseling, she would prefer he have no
unsupervised contact with their children. Mrs. Doe is
seeking temporary full custody of the children. She
indicates her husband is capable of providing child
support in the amount of $500.00 a month.

maintenance expenses at this time for which she
holds Mr. Doe responsible. She is planning to share
the lax exemptions for dependents on the federal
income tax returns with her husband. She indicates
the children are listed as beneficiaries on hers and her
husband's term life insurance policies. She would
like to separate the linking policies while maintaining
the children as beneficiaries. Mrs. Doe is currently
the beneficiary on her husband's 40l(k) account
through his employer and is requesting a distribution
of 65% of the account. She thinks the current 401(k)
account balance is in the neighborhood of
$67,000.00. After the distribution from this account,
she wants the children to be named as account
beneficiaries. The 401(k) account is the only
investment income the Does have — there are no
other income sources.
Mrs. Doe describes the overall financial status of
her marriage as without substantive liquid assets and
with marital debt in the amount of approximately
$12,000.00. The Does have moderate credit card
debt, one automobile installment loan, a personal
loan ($5,000.00) from his parents, and the mortgage
on the house. She and her husband purchased their
home with a non-qualifying WCDA loan
($73,000.00 was the initial contract amount). She
estimates they currently hold $6,900.00 equity in the
home. Aside from two automobiles, a 1990 Toyota
4-Runner and a 1972 Dodge 4X4, they have no other
real property.
Mrs. Doe asked me about the possibility of
seeking spousal support from her husband for two
years while she attends school to upgrade her
employment skills. 1 indicated to Mrs. Doe that
Wyoming is an equitable distribution state
concerning marital assets and debts and that the
spousal support issue was one that should be
discussed with you. I reaffrmed to Mrs. I3oe that in
my capacity as a paralegal, 1 am not able to advise
her regarding divorce strategy or implications. I did
suggest to Mrs. Doe that if she plans to attend school
to upgrade employment skills perhaps it would be a
good idea to have an estimate of the school's costs
for an associate's degree program. I suggested she
explore this issue further with you.

Financial Status - Division of Marital
Assets/Liabilities
Mr. and Mrs. Doe have not yet discussed the
division of the marital debts or division of personal
property. Mr. Doe does not know that Mrs. Doe is
planning to retain an attorney to represent her legal
interests in this matter. Mrs. Doe would like to obtain
a restraining order against her husband to prevent
him from disposing of any of the real or personal
property until an equitable division can be made. She
indicates she will be unable to afford to stay in the
marital home and is currently looking for a real estate
company to represent her interests in the marketing
of the home. She plans to move into an apartment the
first of the month. Her parents have been subsidizing
her living expenses since Mr. Doe left the marital
home in August.
Mr. E)oe has not contributed any funds toward the
care and maintenance of the children or the home
since August. Mrs. Doe has just taken a minimum
wage job at a local fast-food restaurant. She
estimates her minimum household expenses, with
child care factored in, to be $1,300.00 per month.
Mr. Doe's employment benefits include major
medical insurance coverage and it is Mrs. Doe's
contention that he should be responsible for
continuing to provide insurance coverage for the
children including dental and vision care.
Additionally, Mrs. Doe wants Mr. Doe to contribute
$50.00/month per child toward an education savings
fund.
Mrs. Doe has not identified any other child care or
52

�Mrs. Doe indicates she does not wish to have her
maiden name restored.

Conclusion
Mrs. Doe is seeking legal representation for an
uncontested divorce. There are few liquid marital
a.ssets, minor real property holdings and marginal
marital debts. Although this appears to be a fairly
simple marital dissolution matter, the following
issues may be pertinent and ultimately swing the
momentum for temporary as well as permanent child
and spousal support negotiation toward our client's
advantage.

Pertinent Issues
1.

2.

3.

4.

5.

Mr. Doe's alleged marital infidelities and his
refusal to participate in marital counseling;
Mr. Doe's alleged substance abuse problem and
his refusal to participate in substance abuse
intervention; and
Fiscal irresponsibility on the part of Mr. Doe
since leaving the marital home, i.e., he has not
contributed to the care and maintenance of the
children nor provided any funds to maintain the
home, according to Mrs. Doe.
Mrs. Doe has not worked outside the home since
her marriage to Mr. Doe. Her employment skills
are substandard and she has had to take a
minimum wage job to provide income for her
family. She is continuing to rely upon
subsistence funds from her family to assist with
daily living expenses. Mr. Doe is gainfully
employed and makes an above-average salary.
Mrs. Doe's allegation that marital discord has
had an adverse effect on the children is
corroborated by the suggestion of the children's
school psychologist for direct psychological
intervention by Dr. Jones.

3.

4.

Client Tasks
I have asked Mrs. Doe to bring the following
items to her interview with you:
1. Federal income tax returns for the past five
years;
2. Property tax records for the past five years;
3. Profit sharing and 401 (k) income statements
from Mr. Doe's place of employment;
4. Warranty deed and installment loan agreement
on the marital home; appraisal and closing
statement on the home;
5. An estimated breakdown of the current
monthly expenditures to maintain the marital
home and provide for the children;
6. Appraisals on the two family vehicles;
7. Bank statements for checking and savings;
8. An estimate of the costs associated with tuition
and books for a two-year associate’s degree
program at a community college;
9. A list of the real and personal property she
would like to retain after the dissolution of the
marriage; and
10. Documentation from the marital counselor and
substance abuse counselors regarding marital
mediation and the substance abuse intervention
incident.

Impression of the Client
Mrs. Doe initially appeared reluctant to disclose
the issues which have caused her to seek legal
representation in the dissolution of her marriage. I
explained to Mrs. Doe that I am your paralegal and
all information communicated to me in the course of
this interview or any subsequent communications
will be handled in a sensitive confidential manner.
Mrs. Doe communicated the significant events
which have lead to the dissolution of her marriage in

Next Steps
1.

2.

minor children by Mrs. Doe with the right of
limited supervised visitation by the father.
Draft Motion for Temporary Child Support.
Begin draft of Decree of Divorce, Separation
and Property Settlement Agreement, and
Income Withholding Order.
Begin research into Acme Tools’ potocol for
Qualified Domestic Relations Order.

File a restraining order to prevent Mr. Doe
from removing or disposing of any marital
assets prior to an equitable distribution before
the court.
Draft a Summons. Acceptance of Service of
Process and Complaint for Divorce; draft
Motion for Temporary Full Custody of the
53

�a calm, matter-of-fact way without apparent
exaggeration or emotional distortion. She seems
concerned, however, that her husband will not be
accountable for his financial responsibilities after the
divorce. I explained that Wyoming Statutes are fairly
rigid regarding divorce fiscal responsibility. I
indicated to her this was an area that you would
explore further with her during the course of your
scheduled interview.
She seemed amenable to performing the client
tasks 1 have assigned her and indeed is eager to assist
in whatever manner necessary to. in her words, "just
get this thing over with as soon as possible."

Interviewing Strengths
I was able to place Mrs. Doe at her ease after her
initial reluctance to discuss her marital problems with
someone who is not an attorney.
My questions were clear, concise and for the most
part on point, although 1 had to redirect a few times. I
elicited the information necessary to begin the
drafting of the pleadings without placing an undue
amount of additional stress on Mrs. Doe.
Although the interview took place in Mrs. Doe's
home, I think I controlled the direction and
information flow of the interview well, with a
minimum of distractions or repeated questions.

Interviewing Weaknesses
1 have to admit that initially i had the "first-time
interview” jitters. I would presume that this gets
easier over the course of time and practice. I certainly
hope so!
1 found I was distracted by my microrecorder - 1
kept checking it to ensure 1 had not run out of tape
and that it was working properly.
1 would share with you ihiU given the nature of the
problems Mrs. Doe related and my own recent
marital history, it was at times difficult for me to
maintain impartiality in the interview process.
Additionally, 1 think if 1 had more closely
reviewed the standard divorce checklist prior to the
interview perhaps 1 would not have had to backtrack
during the course of the interview to elicit additional
information from the client.

Prepared Questions
This interview was tape-recorded with the
permission of Mrs. Doe. The basis for these prepared
questions was the divorce checklist currently utilized
at the law office where 1 am employed. Additionally,
1 asked questions necessary to fill out the State of
Wyoming divorce statistical analysis sheet.

54

�c

Memorandum of Law
By JeAnne Slough
Course: Research II
Instructor: Mary Kubichek
Assignment: Pick any topic of law that interests you, make op a fact scenario, and research
to find cases that would support your issue of law and cases that would not support your issue.
Then write a memorandum c^law using those cases and discuss those positions.

To:
From:
Date:
Case:
Re:

causes for termination, have their job terminated
without cause?

Mary Kubichek
JeAnne Slough
November 18, 1994
Simmons v. Lucky Drilling Co.
Wrongful Termination

Facts
Mr. Jack Simmons worked for Lucky Drilling
Company for seven years. When he was hired he was
told by Thomas Gelling, the owner of Lucky Drilling
Company, that he had a job with him for as long as
he wanted it. About three years ago John Gelling,
Thomas’ son, took over the company. He issued each
employee a handbook setting out the amount of hours
of work, vacation time, health benefits, disciplinary
acdons, and causes for termination but no disclaimer
clause. On March 12, 1994, John Gelling called Jack
Simmons into his office and fired him saying he was
a disruptive influence on the other employees. He

Assignment
You have asked me to research cases and draft an
interofTice memorandum of law to determine if Jack
Simmons has a cause of action against Lucky
Drilling Company for wrongful termination.

Issue
Can someone who has a contract, in the form of
an employee handbook that contains a list of specific
55

�was given two weeks severance pay and told to
leave. Jack Simmons then went and talked to
Thomas, who told him that he backed whatever
decisions his son made about the company.
Jack Simmons says he was given no prior
warnings about his conduct, nor was he ever
reprimanded. He always thought he was doing a
good job and that he got along with everyone. He
even had people ask for him to do certain drilling
jobs. He saw no problems with other employees, and
had never been told he was not doing a good job.
Jack believes he has a "wrongful termination" case
against Lucky Drilling Company because of the
employee handbook which states he can only be
fired for cause.

Discussion
Wyoming has long been an "at will employee"
state, meaning that a person is employed for no
specific time period and that employment can be
terminated at any time for any reason or for no
reason at all, by either party. Allen v. Safeway Stores,
Inc., 699 P.2d 277 (Wyo. 1985). But a contract, in
the form of an employee handbook, can change the
status of an at will employee to employment that can
only be terminated for cause, depending on the
language contained in that handbook. Mobil Coal
Producing. Inc. v. Parks, 704 P.2d 702 (Wyo, 1985).
1 will discuss four cases where the Wyoming
Supreme Court has determined that the language of
the employee handbook makes termination possible
only with cause. The fifth case also deals with an
oral contract that was overridden by a memorandum
of understanding. This case stated that the language
of the memorandum questions the at will employee
status.
Jack Simmons will argue that he is a for cause
employee but Lucky Drilling will claim that he is an
at will employee and therefore subject to termination
of employment at any time and for any reason.
I will discuss three cases where the at will
employment was upheld by the Wyoming Supreme
Court.

An employee can only be fired for cause.

The Wyoming Supreme Court ruled that an
employee was not at will and the evidence was
sufficient to support finding that the employer had
violated procedures in the employment handbook.
This was the ruling in Mobil Coat Producing, Inc. v.
Parks, 704 P,2d 702 (Wyo. 1985).
Dale Parks was employed on March 15, 1982 as a
mine technician at the coal mine in Campbell
County. Six months later in September the employer
distributed a handbook to all employees. This
handbook set out disciplinary actions and causes for
termination among other things. Over the next year
Mr. Parks was disciplined in March of 1982 for
negligent operation of equipment, in July for erratic
work performance and in August 1983 for reporting
late to work and again in August for being tardy to
work. On August 22, 1983, Dale Parks was
suspended and four days later was discharged. Dale
Parks then brought a wrongful termination action
against the coal mine.
Mr. Parks based his case on the handbook which
set out the procedure to be followed before a
termination could occur. He argued his termination
was contrary to the language of the handbook. The
District court awarded Dale Parks damages for
wrongful discharge but held that he was an at will
employee. Mobil Coal appealed and the Supreme
Court of Wyoming ruled that Dale Parks was not an
at will employee and the procedures in his discharge
were not in accordance with the handbook given by
the employers.
The facts in this case closely follow the facts in
Jack Simmons case. Both had an employee handbook
that set out steps to be taken for discipline and
termination of employment. Both were Bred without
thQse steps being followed and both were told they
were at will employees. But these cases can be
distinguished and Jack Simmons has a stronger
argument than Dale Parks because Jack maintains he
was never disciplined for any infractions nor did he
ever report late for work He was always under the
impression that his work was very good, whereas Mr.
Parks had gone through some disciplinary actions.
56

�1
Since Mr. Parks was considered to have an implied
contract in the form of the handbook so too should
Jack Simmons be considered under contract and thus
he should not have been fired without cause.
In a similar case, the Wyoming Supreme Court
ruled that the employee handbook section on causes
for termination precluded the employee from being
an at will employee and so cause must be shown
before termination. This was the ruling in Alexander
V. Phillips Oil Co., 701 P,2d 1385 (Wyo. 1985).
Ronald Alexander was employed by Phillips Oil
Company as a field supervisor over the Douglas
Gathering System. Mr. Alexander was issued an
employee handbook stating among other things
disciplinary actions and causes for termination.
Phillips terminated Mr. Alexarxler's employment by
using the extreme method of placing him under
surveillance and verifying his presence at bars during
daytime hours to establish cause for that termination.
Mr. Alexander maintained that he was not working
nor conducting business during the hours he was at
the bar and only went to the bar after he had finished
his work for the day. Phillips failed to follow the
steps set out in the handbook and went directly to
terminating Mr. Alexander’s employment.
Mr. Alexander brought suit against Phillips Oil
Company for wrongful termination and the District
Court entered Summary Judgement against him. The
Supreme Court of Wyoming reversed and remanded
the case because of the termination for cause clauses
in the handbook.
This is case is analogous to ours. In both cases the
employee had a handbook stating specific causes for
termination and the company had not followed the
steps they had listed before they fired the employees.
Phillips used the cause of drinking to fire Mr.
Alexander without going through the disciplinary
steps in their handbook. Mr. Simmons was fired
because he allegedly was a disruptive influence and
he had no disciplinary steps taken before he wa.s
terminated. The Supreme Court of Wyoming again
ruled that Mr. Alexander was not an at will employee
and therefore the steps set out in the handbook should
have been followed before the employee was fired.
The Wyoming Supreme Court reversed another

Summary Judgement and remanded to the District
court the determination of the issue that an
employee's handbook, with a disclaimer that was not
conspicuous, "modified the employment relationship
from one terminable at will to one terminable only
for cause." McDonald v. Mobil Coal Producing, Inc.,
820 P.2d 986 (Wyo. 1991).
Mr. Craig McDonald was fired from his job with
Mobil Coal Producing, Inc. He then brought a
wrongful termination case against Mobil. Mr.
McDonald stated that the terms of the employee
handbook clearly stated steps to be taken which were
not done before he was fired. Mobil contended they
had a disclaimer saying employees are at will and
can be fired for no cause. The District Court entered
Summary Judgement for Mobil. The Supreme Court
of Wyoming held that the disclaimer was not
conspicuous and so the employee handbook was
favorable to McDonald and Mobil was bound by
what was in the handbook. Mobil had led McDonald
to believe in the procedures outlined in the handbook
and made "legally binding promises." McDonald at
991.
Again the court held that an employee's handbook
setting out steps for discipline and causes for
termination was to be binding on the employer.
Mobil could not terminate McDonald's employment
without going through the steps of discipline and
showing cause for termination of the employment
and so too should Lucky Drilling Company be held
to the terms of the harxlbook they distributed. Lucky
Drilling Company's employee handbook contained no
disclaimer and so they should not use that as a
contention for Mr. Simmons being an at will
employee as Mobil tried to prove that McDonald was.
The Wyoming Supreme Court reversed a
Summary Judgement against Marie Sanchez by
holding that her employee handbook with its
procedures to follow in disciplinary actions and
causes for termination made her a "for cause
employee" and not an "at will employee." Sanchez v.
Life Care Centers of America, Inc., 855 P.2d 1256
(Wyo. 1993).
Marie Sanchez was employed by Life Care
Centers of America, Inc. (hereafter called Life Care)
57

�during 1990 and was issued an employee handbook
which clearly stated disciplinary steps and causes for
termination. The handbook also had a disclaimer that
it was not a contract of employment. On July 20,
1990, Ms. Sanchez called into work saying she could
not come in because of fatigue. She was infcMmed to
"forget coming in" and that she was removed from
the work schedule. Ms. Sanchez brought suit for
wrongful termination and the District Court ruled a
Summary Judgement for Life Care, stating the
disclaimer was sufficient to make Ms. Sanchez an at
will employee. Ms. Sanchez appealed. The Supreme
Court of Wyoming reversed the Summary
Judgement and found that the disclaimer was not
conspicuous, which made the handbook fully in
effect. This bound Life Care to the procedures set out
in the handbook before they could terminate anyone's
employment.
Again an employee's handbook that specifically
lists steps Io be taken in any disciplinary action and
causes for termination binds the company who issues
that handbook to uphold those elements by law. Ms.
Sanchez was given no reason for being fired nor
were any disciplinary actions taken before she was
fired. In the same way Mr. Simmons was not
disciplined for any infractions listed in the handbook
nor was he, according to him, given a true cause for
his termination of employment All he was told was
that he was a disruptive influence on the other
employees. He maintains that he was never told this
before and had never had any complaints of that
nature before he was fired. Because the courts have
upheld the termination for cause from the employee's
handbook in the Sanchez case it should also do so in
Mr. Simmons case, as it too has a list to be followed
for cause termination.
An oral contract followed by a memorandum of
understanding can question the at will status of an
employee by its language. The Wyoming Supreme
Court set aside a Summary Judgement against Mr.
Wilder on the basis of the material facts in the form
of an oral contract, followed by a memorandum of
understanding, which changed Mr. Wilder's status as
an at will employee to one of a "for cause employee."
Wilder V. Cody Country Chamber of Cotnmerce 868
58

P.2d21l (Wyo. 1994).
Rick Wilder was hired by Cody Country Chamber
of Commerce, (hereafter called the Chamber), as
executive director of the Chamber. He closed his real
estate brokerage house to take the position. Mr.
Wilder considered his employment with the
Chamber to be for as long as he did the work that
was required or permanent. His duties as director,
among other duties, were to supervise the chamber's
staff, including the budget manager. During 1987
and 1988 the budget manager failed to pay some
taxes due the IRS. Mr. Wilder was notified by the
IRS and did not inform the board of directors of the
problem. News of the problem reached the board and
they met with Wilder to discuss the problem. After
the meeting the board president presented Mr. Wilder
with a memorandum of understanding which placed
limits on Mr. Wilder's non*employment activities
and also placed him on probation until an audit was
completed. A review of his performance would then
be done and his continued employment discussed.
Mr. Wilder signed and accepted the terms of the
memorandum on April 4, 1989. No audit was done
nor did anything happen when on Apnl 18, 1989 the
board informed Mr. Wilder that he could resign or be
fired. Mr. Wilder resigned.
Mr. Wilder tried to find other employment but
was always blocked by the Chamber. On October 10,
1991, Mr. Wilder filed a complaint against the
Chamber. One of the claims on the complaint was
wrongful termination. The District Court granted a
Summary Judgement for the Chamber staling that
Mr. Wilder was an at will employee and subject to
dismissal at any time. Mr. Wilder appealed. The
Wyoming Supreme Court found that the terms of the
oral contract were in effect at the time both parties
agreed to the memorandum of understanding. "The
language of the memorandum was ambiguous,
creating mixed questions of law and fact over the
parties intentions." Wilder at 219. The Chamber
promised to perform the audit prior to a decision on
Mr. Wilder's future employment, and they failed to
do so. This put the material facts into dispute and the
court reversed the Summary Judgement.
Again we have a case where a person relied upon

�suit when he accepts worker’s compensation, and
there was no evidence of intentional injury to Mr.
Lankford by True Ranches. As to Mr. Lankford’s
contention of wrongful termination, the courts held
that there was no evidence of a contract of any kind
and that made him an at will employee who is
subject to termination at any time and for any reason
or no reason at all. Mr. Lankford appealed and the
Wyoming Supreme court affirmed the decision of
the District Court.
Jon Lankford was an employee at will. He had no
contract of any kind and no handbook that could
have been construed as a contract. Mr. Simmons on
the other hand can argue that he is not an at will
employee because of the handbook and the
procedures listed in it. That handbook acts as a
contract and binds the employer to its language.
A Summary Judgement was entered for Safeway
when the Allens failed to show that,they had a
contract of any kind in a wrongful termination case.
Allen V. Safeway Stores Inc., 699 P.2d 277 (Wyo.
1985).
Both David Allen and his wife Barbara Allen
were employees of Safeway. David was the manager
of the Rock Springs Safeway store and Barbara
Allen was acting manager of the Green River store.
Mr. Urcsk, an employee for the Wyoming
Department of Health and Social Services, was
conducting an inspection with reference to the
Special Supplemental Food Program for Women,
Infants and Children (WIC). Mr. Uresk was
inspecting the stores to find out if they were
complying with the WIC requirements. Mr. Allen
was complimented on his store’s compliance with the
requirements when he made some comments about
people who sat on their butts and did nothing. Mr.
Uresk then went to the Green River store and found
some violations of the WIC requirements. Mr. Uresk
discussed these violations with Mrs. Allen and told
her about the comments made by her husband. Mrs.
Allen not only agreed with her husband but had
several comments of her own to add. Mr. Uresk then
wrote letters to the Allens immediate supervisor
complaining about their attitudes and comments. The
Alien's supervisor discharged the Allens from their

a contract for his employment and his job was
terminated as if he were an at will employee. In Mr.
Wilder's case he had an oral contract that was
modified by the memorandum of understanding. The
memo stated he was on probation until there was an
audit, and then he was fired before the audit ever
took place. Mr. Simmons had an oral contract, but he
also had an employee handbook stating the causey of
employment termination. His employment was
terminated without cause. The courts have
consistently ruled that an employee handbook that
has causes for termination listed bind the employer
to those causes.
Throughout these five cases the Wyoming
Supreme Court has reversed Summary Judgements
that held that employees were at will and so could be
fired at any time and without cause. The Supreme
court has repeatedly stated that an employee's
handbook, which list causes for termination, binds an
employer to those causes before they can fire
anyone.
This is an at will employee.

The Wyoming Supreme Court upheld a Summary
Judgement for True Ranches when they found Jon
Lankford to be an at will employee, because there
was no contract with definite terms of employment.
Lanirford v. True Ranches. Inc., 822 P 2d 868 (Wyo.
1991)
Jon Lankford was in (he employ of True Ranches
as a general ranch hand. On September 9, 1986. Mr.
Lankford was injured when he caught his hand in an
auger machine. The auger severed three of his
fingers and cut and incapacitated his left hand. Mr.
Lankford recuperated for 18 months and his medical
bills were paid by Worker's Compensation. When he
reported to work at True Ranches he was told they
no longer had a job for him. Mr. Lankford brought
action against True Ranches for wrongful
termination and for negligently injuring him.
The District Court granted a Summary Judgement
to True Ranches saying that the employer is immune
from liability for injuries to employee during his
employment under Wyoming’s Constitution, which
states that an employee is barred from a negligence
59

�positions. The Allens then brought action against
Safeway for breach of contract of employment,
among other claims.
The District Court granted Summary Judgement
to Safeway saying that (he employment contract
between Safeway and the Allens had no deHnite
terms of employment. This left the Allens as at will
employees subject to termination at any time and for
any reason. The Wyoming Supreme Court affirmed
the Summary Judgement. The Allens had based
what they considered permanent employment on a
vague promise to allow them to return to Salt Lake
City, Utah to continue their employment with
Safeway. The court ruled that this vague promise
did not compromise permanent employment. The
court ruled that the discharge of the Allens was
because of their verbal attack on Safeway's
customers, which could lead to loss of sales and not
for any other reason.
The Allens had an employment contract with
Safeway stores but it was not a contract with
definite terms, it had no specified causes for
termination, and it was not an employee handbook
with specific steps set out for termination. Mr.
Simmons’ contract in the form of the employee
handbook has definite terms and does set out
specific causes for termination. The Allens were
held to be at will employees but Mr. Simmons
should not be considered an at will employee. The
Alien’s jobs were terminated because of their verbal
attack on a customer which could have led to
Safeway losing money, and if they had had a
contract with specific causes for termination, the
verbal attack would have been sufficient cause for
their jobs to be terminated. Mr. Simmons maintains
he had never verbally abused anyone either in the
company or any company they subcontracted work
to.
In this final case the Wyoming Supreme Court
upheld a Summary Judgement for John Q.
Hammons Hotels, Inc. when the appellant John
Rompf failed to show any breach of the terms of the
employee handbook when the hotel discharged him
to ease economic problems. Rompf v. John Q.
60

Hammons Hotels, Inc., 685 P.2d 25 (Wyo. 1984).
John Rompf quit his job as a general manager of
a heating and air conditioning company to accept
the job of chief engineer of (he Holiday Inn in
Sheridan, Wyoming. The Holiday Inn was managed
by John Q. Hammons Hotels. Inc. Mr. Rompf hoped
for a better opportunity with more advancements
with Holiday Inn. Mr. Rompf was issued an
employee handbook that outlined benefits, probation
period and all disciplinary measures along with
other job related information. After six weeks
working for Holiday Inn, Mr. Rompfs job was
terminated. Mr. Rompf then brought action against
John Q. Hammons, Inc. for breach of contract. The
District Court granted a Summary Judgement for
John Q. Hammons. Inc. Mr. Rompf appealed the
judgement.
Mr. Rompf contends that he was a permanent
employee because he had left a job of long standing
to accept the position at the Holiday Inn. He was
given no assurances that his position was permanent
and the courts found no proof that his employment
was permanent. Mr. Rompf also claims that the
employee handbook gave him a contract with the
hotel. Again the court found that the handbook gave
no guarantees of employment, nor had the
management violated any provisions in the manual.
The court also said that had the manual offered
permanent employment it would not have saved his
job which was terminated because of economic
adveisity.
In this case Mr. Rompf claimed to have both an
oral contract and as an extension to the contract, the
employee's handbook. Mr. Simmons also had an
oral contract along with his employee handbook.
The difference between this case and ours is that Mr.
Rompfs job was terminated because of economic
pressures, and Mr. Simmons was not. If Lucky
Drilling Company had terminated Mr. Simmons job
because of economic reasons, then the courts would
probably rule for Lucky Drilling Company.
Wyoming is an at will employment state and if
the employee has no definite contract of one form or
another then that employee is considered to be at

�will and his job can be terminated at any time and
for any reason. An employment contract that has no
definite term of employment or that sets out causes
for termination is not considered a binding contract
and that too places the employee at will. Finally,
even had there been a contract, economic conditions
and pressures can negate the contract allowing a
person’s job to be terminated.
*

Summary
In the first four cases discussed, each person had
an employee handbook which bound the employer to
the provisions in the handbook just as with any other
contract. Each handbook set out these specific
provisions:
1. All steps to disciplinarian action for every
infraction of the rules must be followed before job
termination.
2. A list of causes for job termination.
3. No noticeable disclaimer, saying the employee
continued to be at will even with the provisions of
the handbook.

In the fifth ca.se discussed the employee had an
oral contract that was modified by a memorandum of
understanding. The memo again set out a step to be
followed before the employee's job could be
terminated which was not followed. That step was as
follows:
I. An audit must be completed before a review of the
employee’s continued employment was done.
The last three cases discussed adhered to the
premise that Wyoming is an at will employment state.
1. An employee with no contract of any kind is an at
will employee, subject to job termination for any
reason.
2. Some forms of employee contracts do not contain
any definite terms of employment, which makes
the employee an at will employee.
3. The Wyoming court has ruled that economic
adversity can allow an employer to terminate the
job of an employee even if he had a contract.

Appendix
I.

MeMCoal Pmdtong. Iik. v. Paris. 704 P.2d 702 (Wjtq. I9SS).

1

AUmderv. PhiBipi Oil Co . TV! ?.2d 1385 (Wyo. 1985).

3.

UcDoitaldv. Mobil Coal Pmditring. Znr.. 820 P.2d 986 (Wyo. 1991).

4.

Stateltn *- Liff Can Crnters ofAmerica, Inc.. 855 P.2d 1256 (Wyo. 1993).

5.

WWdprr. Cody Cotottry Chamber of Commerce. 868 P.2d 211 (Wyo. 1994),

6.

Ladrfordv Trae Handles. Inc.. 822 P.2d 868 (Wyo. 1991).

7.

AOen v. Si^nray Stores. Inc.. 699 P.2d 277 (Wyo. 1985).

8.

Hamfif v. John Q. Hammons Hotels. Inc., 685 P.2d 25 (Wyo. 1984).

Recommendations
1.

Obtain Mr. Simmon's full employee handbook.

2.

Check into (he icasom that Lucky Drilling Company terminated Mr. Simmon's employment

3.

Endow if Lucky Drilling Company had any complaints about Mr. Simmon's work.

4.

Find ow what Lucky Drilling Company meant when they said Mr. Simmons was a disruptive inftaence.

5.

Check all of Mr. Simmon's past employment record from the time he began work.

6.

Check out Mr. Simmon's work reputation from other companies he had dealt with.

61

�Copy of One Page from Employee Handbook
Steps in Discipline
When an employee knowingly or in ignorance commits an infraction of any rule the company has, these are the steps that will be
followed.
1.
The employee will be called in to the supervisor's crffice and informed of the infraction.
2. Depending on the infraction further action may be taken.
1. Warning
2. If infraction happens again, employee is pul on probation.
3. If infraction continues even after the probation then the employee's job is terminated.
Other causes f&lt;x employee's job being terminated.
1.
Using alcohol or drugs on the job.
2.
Failing a drug test.
3.
Failure to practice all safety standards listed in handbook.
4.
Causing an injury to a fellow employee through negligence.
5.
Consistently being late for work or failing to show up for work.
6.
Losing the company a job through the attitude or the worii performance of an employee.

62

�Casper, Wyoming 82601

Spring 1995

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                    <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

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                  <text>Check out the WMCC Timeline here by clicking the link! &lt;a href="https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=v2%3A2PACX-1vR4kBKQBUzb4cnvPOyrF54lC5xFZlrZI43LDJ55Dnw7xe8T_UV-qSVwlB1z-29SBMFMPhE7KYiXjN1l&amp;amp;font=Default&amp;amp;lang=en&amp;amp;initial_zoom=2&amp;amp;width=100%25&amp;amp;height=650"&gt;https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=v2%3A2PACX-1vR4kBKQBUzb4cnvPOyrF54lC5xFZlrZI43LDJ55Dnw7xe8T_UV-qSVwlB1z-29SBMFMPhE7KYiXjN1l&amp;amp;font=Default&amp;amp;lang=en&amp;amp;initial_zoom=2&amp;amp;width=100%25&amp;amp;height=650&lt;/a&gt;</text>
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            <name>Title</name>
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                <text>1st Ascent of Devils Tower by WMCC Climbers, Newspaper Article</text>
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            <name>Rights</name>
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                <text>http://rightsstatements.org/vocab/InC/1.0/</text>
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                <text>May 26, 1955</text>
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                <text>A newspaper article from Casper about the 1st ascent of Devils Tower by WMCC student climbers: instructor was Walt Bailey, Students were Noel Tanneur and Dave Sturdevant</text>
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                <text>Wyoming Mountaineers at Casper College Collection; CCA 11.vi.1989.01</text>
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