The Tolerance Project Archive

Statement on the Freedom of Artistic Expression
Adopted October 4, 1989
The University's Policy on the Free Exchange of Ideas states that, "An abiding commitment to preserving and enhancing freedom of speech, thought, inquiry and artistic expression is deeply rooted in the history of The New School." The University's responsibility for and dedication to securing the conditions in which freedom of expression can flourish extend to all forms of artistic expression, including the fine arts, design, literature, and the performance of drama, music and dance.
The opportunity to display or perform works of art at the University is made available through several academic processes and procedures in which faculty members and other duly appointed individuals exercise their best professional judgment. Among these procedures is the selection of: 1) student art work by faculty, 2) selection of gallery shows by gallery committees, 3) selection of works of art by the Committee on the University Art Collection, and 4) display or performance as part of an approved course curriculum. Such authorized display or performance, regardless of how unpopular the work might be, must be unhindered and free from coercion. Members of the University community and guests must reflect in their actions a respect for the right to communicate ideas artistically and must refrain from any act that would cause that right to be abridged. At the same time, the University recognizes that the right of artists to exhibit or perform does not preclude the right of others to take exception to particular works of art. However, this latter right must be exercised in ways that do not prevent a work of art from being seen and must not involve any form of intimidation, defacement, or physical violence. The University rejects the claim of any individual or outside agency to dictate on the appropriateness or acceptability of the display or performance of any work of art in its facilities or as part of its educational programs.
As university citizens, faculty have special obligations that derive from membership in a community of scholars. While defending freedom of speech, they show respect for the opinions of others. They also accept a fair share of responsibility for institutional governance to contribute to the larger New School community.
Faculty must seek above all to be effective teachers, scholars, and practitioners. Although they observe the stated policies of the institution, provided they do not violate academic freedom, they maintain their right to criticize and seek revision. Consistent with university policies, they determine the amount and character of the work they do outside their institution with due regard to their paramount responsibilities within it. When considering the interruption or termination of their service, they recognize the effect of their decision upon the program of the institution and give due notice of their intentions. As members of their community, faculty have the rights and obligations of any citizen of the United States of America. They measure the urgency of these obligations in the light of their responsibilities to their subject, to their students, to their profession, and to their institution. When they speak or act as private persons, they avoid creating the impression that they speak or act for their division or university. As citizens engaged in a profession that depends upon freedom for its health, integrity, and efficacy, faculty have a particular obligation to promote conditions of free inquiry and to further public understanding of academic freedom.

Policy on the Free Exchange of Ideas
Adopted January 21, 1987
An abiding commitment to preserving and enhancing freedom of speech, thought, inquiry and artistic expression is deeply rooted in the history of The New School. The New School was founded in 1919 by scholars responding to a threat to academic freedom at home. The establishment of the University in Exile, progenitor of the Graduate Faculty of Political and Social Science, in 1933 was a response to threats to academic freedom abroad. The by-laws of the institution, adopted when it received its charter from the State of New York in 1934, state that the principles of academic freedom and responsibility have ever been the glory of the New School. The New School, since its beginnings, has endeavored to be an educational community in which public as well as scholarly issues are openly discussed and debated, regardless of how controversial or unpopular the views expressed. Providing such a forum was seen, from the first, as an integral part of a university's responsibility in a democratic society.
The New School is committed to academic freedom in all forms and for all members of its community. It is equally committed to protecting the right of free speech of all outside individuals authorized to use its facilities or invited to participate in the educational activities of any of the University's academic divisions. A university in any meaningful sense of the term is compromised without unhindered exchanges of ideas, however unpopular, and without the assurance that both the presentation and confrontation of ideas takes place freely and without coercion. In this context and because of its distinctive, educational role as a forum for public debate, the University has deep concern for preserving and securing the conditions which permit the free exchange of ideas to flourish. Faculty members, administrators, staff members, students and guests are obligated to reflect in their actions a respect for the right of all individuals to speak their views freely and be heard. They must refrain from any action which would cause that right to be abridged. At the same time, the University recognizes that the right of speakers to speak and be heard does not preclude the right of others to express differing points of view. However, this latter right must be exercised in ways which allow speakers to continue and must not involve any form of intimidation or physical violence.
Beyond the responsibility of individuals for their own actions, members of the New School community share in a collective responsibility for preserving freedom of speech. This collective responsibility entails mutual cooperation in minimizing the possibility that speech will be curtailed, especially when contentious issues are being discussed, and in assuring that due process is accorded to any individual alleged to have interfered with the free exchange of ideas.
Consistent with these principles, the University is prepared to take necessary steps to secure the conditions for free speech. Individuals whose acts abridge that freedom will be referred to the appropriate academic division for disciplinary review.

Guidelines on Demonstrations in University Facilities

Forms

* Application to Hold a Demonstration

1. Preamble
2. Purpose
3. Principles
4. The Elements of Time, Manner and Place
5. Opportunities for Speech Activities and Expression
6. The Time, Manner and Activities may not...
7. Advisory Committee on Speech Activities and Expression
8. Violations

1. Preamble

The New School is committed to freedom of speech, thought, inquiry, and artistic expression for all members of its community. It is equally committed to protecting the right of free speech of all individuals authorized to use its facilities or invited to participate in the educational activities of any of the university's academic divisions.

Demonstrations, marches, and picketing have long been recognized as legitimate forms of self-expression in the university community. The limiting principles for such activities are that demonstrators must not unreasonably disrupt other university functions, interfere with the freedom of others, or otherwise violate the rights of others.

Demonstrations that take place inside university facilities, including all university buildings and the enclosed courtyard areas they bound, always have great potential to disrupt normal functions. Hence, it is necessary to give particular attention to the rights of all members of the university community when demonstrations take place in these facilities.

2. Purpose

These Guidelines on Demonstrations in University Facilities establish rules for carrying out demonstrations -- understood as speech activities and expression enjoying the basic protection of the right to free expression-in university facilities. They also establish procedures for supervising such demonstrations, protecting the rights of demonstrators, and protecting the rights of others and the University.

Demonstrations are one of the tests of the freedom of expression, and these Guidelines also are explicitly intended to increase understanding of and strengthen the protection for free expression at the university. They follow by a little more than 10 years the report of the Committee on Freedom of Expression that was appointed by President Jonathan Fanton in December 1985. The report of that Committee, disseminated in November 1986, began by indicating that the members "welcomed the opportunity to underscore that the condition of freedom of expression at The New School is a collective responsibility." On the matter of rules and expressly prohibited behavior, the report took a position that continues to merit the support of the university community:

"In institutions, behavior is regulated most effectively and meaningfully when rules are expressed in terms of expectations rather than restrictions. Only the most extreme and unambivalent requirements should be articulated in the terms of prohibitions: in this case, absolutely no form of physical violence or intimidation can be tolerated.... At the same time, we are at a loss to find statutory language to govern all situations when demonstrations might impede speech to some extent but fall short of violence or the threat of violence. In particular, we think it important not to confuse civility and standards of behavior as an audience interacts with a speaker with questions of censorship or intimidation."

These Guidelines have been influenced significantly by the reasoning and the spirit of that report. At the same time, and in the same spirit, the university vigorously reaffirms both its Policy on the Free Exchange of Ideas, adopted by the Board of Trustees on January 21, 1987, and the Statement on Freedom of Artistic Expression, adopted by the Board on October 4, 1989.

3. Principles

The New School is committed by tradition and by its defining values to the free exchange of ideas and the freedom of artistic expression. The Policy on the Free Exchange of Ideas pointed out that:

"A university in any meaningful sense of the term is compromised without unhindered exchange of ideas, however unpopular, and without the assurance that both the presentation and the confrontation of ideas takes place freely and without coercion. In this context and because of its distinctive, educational role as a forum for public debate, the university has deep concern for preserving and securing the conditions which permit the free exchange of ideas to flourish."

Obviously, the free exchange of ideas is not achieved once and for all time by the act of its proclamation. Free exchange of ideas requires active, ongoing, sometimes arduous support by the university community.

The overriding concern may appear deceptively simple: that the free exchange of ideas is essential to the ability of universities to serve society and the search for truth. Each member of the community must be willing to accept an individual and collective responsibility for maintaining the fullest possible freedom of expression. This responsibility involves: toleration for the right of all members of the community to free expression, especially the expression of unusual, unpopular, even objectionable ideas, and respect for the conditions that make free expression possible. The Policy on the Free Exchange of Ideas states that:

"Faculty members, administrators, staff members, students and guests are obligated to reflect in their actions a respect for the right of all individuals to speak their views freely and be heard. They must refrain from any action which would cause that right to be abridged. At the same time, the university recognizes that the right of speakers to speak and be heard does not preclude the right of others to express differing points of view. However, that right must be exercised in ways which allow speakers to continue and must not involve any form of intimidation or physical violence.... Beyond the responsibility of individuals for their own actions, members of the New School community share in a collective responsibility for preserving freedom of speech."

4. The Elements of Time, Manner and Place

The exercise of the freedom of expression does not mean its unlimited exercise at all times, in all possible manners, in all places. Universities are large communities whose many members cannot all simultaneously exercise the right of free expression. How it is exercised at a given time and place can significantly affect the ability of others to make use of their right.

The elements of time, manner and place are particularly relevant to speech and other expression when demonstrations are carried out in university facilities. The university's concern with these elements does not arise from a concern with demonstrations per se. Rather, it springs from the recognition that (1) the rights of individuals belonging to the university community or the public may well collide at such times, (2) the university has the responsibility to carry out its educational and administrative activities as well as to protect the rights of all members of the community, and (3) without prior content-neutral rules, any intervention to protect those involved in the demonstration, others in the university community, or the institution, may appear biased.

The American Civil Liberties Union, in its Policy on College Student's Civil Liberties, describes the complex interplay of rights that must be balanced for free expression to flourish:

"Picketing, demonstrations, sit-ins, or student strikes, provided that they are conducted in an orderly and non-obstructive manner, are legitimate activities whether they are instigated by events outside the campus or directed against the college administration, and should not be prohibited, nor should students be penalized for engaging in them. Demonstrators or distributors of pamphlets, however, have no right to deprive others of the opportunity to speak or be heard; take hostages; physically obstruct the movement of others; or otherwise disrupt the educational or institutional processes in a way that interferes with the safety or freedom of others."

Hence, the regulation of the elements of time, manner and place of demonstrations is a legitimate and necessary concern of the university. The following sections dealing with those elements are intended to clarify the conditions that make possible the exercise of free expression for all members of the university community. They have four principal objectives: to protect the rights of demonstrators to be heard, protect the rights of the university community as a whole to receive information from demonstrators, protect others against the violation of their rights, and protect the university as an educational institution against the substantial and material disruption of its educational and administrative processes.

5. Opportunities for Speech Activities and Expression

The New School respects the right of demonstrators to express their ideas in ways that do not limit the freedom of others or impinge on the rights of others.

The New School's buildings are available to the university community for speech activities during the regular business hours of the particular building, excluding classrooms being used for classes, libraries, computing centers, and faculty and administrative offices.

The University also will designate a bulletin board in the lobby of the Albert List Academic Center where members of the university community can exercise their right of free expression on any issue.

If a demonstration is planned to take place inside university facilities, that is, inside a university building or enclosed courtyard area, the persons desiring to demonstrate are asked to notify the Secretary of the University at least 24 hours in advance in order to allow for the exchange of information about other activities that may be scheduled and to assure public safety.* Demonstrators will not be permitted to remain in any university building beyond its normal closing hour.

If the demonstrators wish to continue beyond one day, a permit must be secured to use a specific space for a specified period of time. Such permits will be renewable and subject to modification, given the university's need to consider competing requests. Permits shall be granted on a content neutral basis.

The university will allow recognized student, staff or faculty organizations to set out and use tables, carts, booths and symbolic structures in accordance with an express permit issued under the conditions that are described below in section VI. The university may require that tables, carts, booths, and symbolic structures be removed each day.

6. The Time, Manner and Place of Speech Activities and Expression Speech activities may not:

* Involve any form of physical violence or physical intimidation.
* Violate any laws of the United States, the State of New York or the City of New York.
* Violate fire and building codes or any other code and regulation for public safety.
* Violate the University Code of Conduct.
* Impede the movement of people or disrupt regular or authorized activities in classrooms, offices, studios, and laboratories.
* Be conducted at a volume which disrupts the normal use of classrooms, offices, studios and laboratories.

The university may require a speech activity to be conducted 10 feet or more from any exit, entrance, staircase, etc. to allow access. It also may impose limits on the portion of interior floor space and the portion of exterior and interior walls of university buildings that may be used for speech activities.

The secretary, or another university officer designated by the president, will be responsible for approving requests to use space inside university facilities for speech activities and for establishing any conditions for their conduct.

Permission for the use of symbolic structures in carrying out speech activities or expression will require that such structures be portable and conform to any conditions contained in the permit. "Symbolic structures" include props and displays, furniture, and any constructions. Permits for the use of symbolic structures also shall be granted on a content neutral basis. In regulating by permit the duration, size, location, and other features of symbolic structures, the university will be guided by the following, and other similar, community interests:

* protecting health and safety
* preventing damage or risk of damage to university property
* preserving unimpeded mobility within buildings and unimpeded entrance to and departure from buildings
* providing for competing uses of facilities
* avoiding interference with other university activities
* reasonably limiting costs to the university for increased security, potential University liability, insurance coverage, and cleanup and repair after an event

7. Advisory Committee on Speech Activities and Expression

The president will appoint a standing advisory committee chaired by the secretary, comprised of 3 students, 2 faculty members, 2 administrators, and 2 individuals from the public, to work on issues that arise during demonstrations. The committee will be asked to give advice particularly on those issues that affect the university's ability to ensure that the rights of all parts of the community -- including those of demonstrators -- are respected, that competing requests for the use of university space are taken into account, and that the underlying conditions for free expression are preserved.

8. Violations

The university is deeply committed to maintaining the basic conditions for the exercise of free expression. The procedures established in these Guidelines are intended to enable all members of the university community to exercise their right to free expression and their right to hear what others want to express, and the infringement of either of these rights is a serious matter to the university community.

Violations of the rights of demonstrators or of the time, manner and place conditions for particular demonstrations are violations of these guidelines and also violations of the University Code of Conduct. The Code of Conduct indicates that when members of the university community are alleged to have committed violations, "they will be accorded the due process to which they are entitled. Members of the university community are granted a fair hearing: they are fully advised of any charges against them, they are afforded ample opportunity to respond to accusations, and they are given a clear explanation of the right to an appeal."

Individuals who are found to have violated the guidelines or other university policies bearing on freedom of expression will be subject to a range of penalties. For students, the penalties indicated in the Code of Conduct are: a warning that repetition of the wrongful conduct may be the cause for more severe sanctions and a clear instruction to desist; restitution for damage or loss to either university or individual property; probation placing the student in official jeopardy, so that a further violation of university rules and regulations while on probation may result in suspension or expulsion; restriction in the use of certain university facilities or the right to participate in certain activities or privileges for a specified period of time; suspension from all functions of the university for a stated period, and the possible requirement of a petition for readmission; and expulsion from the university for violations judged to be so serious that the student is informed that readmission will not be considered.

For faculty members found to have committed a serious violation of university policy, the penalties indicated in the Guidelines on the Rights and Responsibilities of Faculty are: a written warning, probationary status, suspension (including suspension of salary, or the termination of appointment.

The above listed penalties may be in addition to, and separate from, any penalties or liabilities pursuant to the laws of the United States, State of New York, or City of New York. The university may, at its discretion, depending on the gravity of the violation, file a criminal or civil complaint with the appropriate public official.

The university officer involved in establishing time, manner and place conditions for demonstrations will not have a role in the adjudication of allegations against a participant in those demonstrations.

Application

* No demonstration may be held without submitting an application and receiving approval in the form of a permit issued by the Office of the Secretary of the Corporation. Click here for the Application to Hold a Demonstration.

Whistleblower Policy
It is the intent of The New School that its academic and administrative activities conform to applicable legal, ethical and professional standards and the University expects its trustees, faculty, administrators, staff and students (“Members of the University community”) to conduct their activities in accordance with applicable Federal, State and local laws as well as Univeristy policies and procedures as set forth in the University’s Institutional Policies & Procedural Manual, Student Handbook and Full-time Faculty Handbook.
This policy is intended to encourage Members of the University community to disclose conduct that they believe violate applicable law and/or University policies and the overarching principle that the University’s resources are not to be used for personal gain (“misconduct or suspected misconduct”). The University expects that reports of misconduct or suspected misconduct will be made in good faith, and will reflect a real and legitimate concern that must be promptly investigated and addressed. The University will strive to keep disclosures confidential unless disclosure is required by applicable law or the failure to disclose would impede the University’s investigation of the reported misconduct or suspected misconduct.
This policy prohibits Members of the University community from retaliating against those who disclose misconduct or suspected misconduct pursuant to this policy. Any Member of the University community who reports a misconduct or suspected misconduct in good faith will be protected from harassment, retaliation or other adverse employment, academic or educational consequences. Anyone who harasses, intimidates or otherwise attempts to retaliate against a reporter will be subject to disciplinary action, up to and including termination of employment and possible referral for other civil and/or criminal sanctions.

Reporting:
Internal Mechanisms
Members of the University community are encouraged to report misconduct or suspected misconduct to their immediate supervisor. If this is not a feasible option, the University has designated the following members of the University Compliance Committee to receive, investigate and resolve complaints of misconduct or suspected misconduct as appropriate:
A. Academic Misconduct (faculty or student) –
Vice Provost, Elizabeth Ross
rosse@newschool.edu
66 West 12th Street, 8th Floor, NYC, NY 10011
Phone: 212-229-8947 ext 2381
B. Misconduct related to the University’s Personnel Practices –
Senior Vice President for Human Resources and Labor Relations Carol Cantrell
cantrelc@newschool.edu
79 Fifth Ave, 18th Floor, NYC, NY 10003
Phone: 212-229-5671 ext 4900
C. Fiscal Misconduct –
Senior Vice President for Finance and Business Frank Barletta
barlettf@newschool.edu
80 Fifth Ave, 4th Floor, NYC, NY 10011
Phone: 212-229-5660 ext 3550
D. All Other Misconduct –
Vice President and General Counsel Roy Moskowitz
moskowir@newschool.edu
80 Fifth Ave, 8th Floor, NYC, NY 10011
Phone: 212-229-5432 ext 4950
and/or;
The Chair of the Board of Trustees Audit and Risk Committee
Bevis Longstreth
auditchr@newschool.edu
C/O Office of the General Counsel
80 Fifth Ave, 8th Floor, NYC, NY 10011
Phone: 212-229-5432
External Mechanism
Members of the University community who wish to report their concerns anonymously, may contact EthicsPoint, a third-party provider of confidential reporting services retained by the University to accept anonymous reports. To contact EthicsPoint: (Under Construction) *

Investigations/Corrective Actions:
The Compliance Committee will be responsible for investigating reports made to them or to EthicsPoint, unless one of the members is the subject of the report; in those cases the Chair of the Board of Trustees Audit and Risk Committee will conduct the investigation. Corrective actions in response to a report will be made to the President, Provost and Executive Vice President for approval and implementation. The University Compliance Committee will make annual reports to the Board of Trustees Audit and Risk Committee of all reports made and corrective actions, if any, taken.

A Statement from The New School in Exile

"This is the hour for the experiment; and New York is the place, because it is the greatest social science laboratory in the world and of its own force attracts scholars and leaders in educational work." --New School founding text (1918)

OUR POSITION

The New School is now at a critical point. Our ability to do the very thing we came here to do-receive a quality education—is at risk. The obstacles we face as students are diverse and different based on our academic programs and departments, but we are united by the impacts of decisions made by the university. To resolve these diverse problems we must address the root causes, namely the guiding priorities and academic policies of this institution.

Unfortunately, the administration has shown time and again that they are more interested in maintaining power than in open dialogue or serious structural change. The senior administration is no longer accountable to the students or faculty they are ostensibly here to serve. Because of this, we call for the immediate resignation of Bob Kerrey and James Murtha no later than April 1, 2009.

OUR VISION

The struggle for an emancipatory education, and against the influences of subjugation and homogenizing tendencies in society writ large, is not new. Students all around the world are struggling with these same issues. We also recognize that this is part of a much larger struggle, one that has at its root the very understanding of what it is to be free. And as students we have an obligation, because of our privilege, to push the envelope and construct a new vision of how the world could be. Formerly our school was driven by calls for open deliberation, anti-authoritarianism and critical and direct engagement with social problems.

Now—under the present leadership—decision-making is secretive and closed. Power is consolidated, abused and wielded as a weapon against academic inquiry and critical skepticism. Our “brand” is now more important than our ethics, and students have been reduced to economic units--like cogs in a corporate machine.

We want an education that enriches our lives while challenging us to grow as both an academic community and as individuals. We want a university we can be proud of, where new theories and ways of being in the world are the very foundation of what we do. A school with a mission of engaged scholarship focused on solving real problems. We desire radical praxis--thought and action--not simply navel-gazing or status-quo reproduction. In short, we want our institution to reclaim the critical and engaged tradition on which it was founded.

OUR CRITIQUE

As faculty and students simultaneously rose up in opposition to the administration, the thinly constructed veneer of Kerrey's "success" as President was shattered. The more light we cast on the dark recesses of this administration, the more we see its ugly sides, its exposed myths, its abuses of power and outright lies. We have a Board of Trustees that is not accountable to the university community. Our student government bodies have negotiated with the administration in good faith, only to find that decisions are made and promises broken from one semester to the next. Even a majority vote of no confidence by the faculty has no meaning or weight given to it by the administration.

Long before the current recession, we have faced financial hardships. As students we are now worse off than ever when it comes to resources. Class offerings at the graduate and undergraduate level are shrinking and departments are stressed from bloated tuition and teacher shortages. Computers and printers are consistently broken or occupied. There are major deficiencies in teaching and research opportunities for graduate students. Our library resources, if one can even speak of them, are an academic disgrace and virtually useless for serious research. Those of us attempting to receive an education and help support families have no opportunity on campus to earn enough to live even at the poverty line while our spouses and partners receive no health insurance from the school. Salaries for research assistants and student teachers have not been raised in over ten years.

Our study space is essentially non-existent. Campus buildings are run in such a way that students often go elsewhere to actually study, yet our Graduate Faculty building--the building we fought for and occupied to keep as a student space, the building that was supposed to be closed and torn down--now sits open and off limits. Floor after floor of quiet study space where students could be working, meeting and studying is denied to us for no reason other than the administrative whims of Kerrey and Murtha. And we reject the continued harassment of students by university security--apparently taking their cues from James Murtha—acting as though they have carte blanche to intimidate, coerce and assault students.

The underlying forces that brought forth the occupation at the New School are still manifest, and our views on the crisis at our university are unchanged. We still call for the resignation of President Bob Kerrey and Executive Vice-President James Murtha. Both represent the way this administration has become out of touch with our academic, philosophic and political roots. The administration has been implicated in abuses of power great and small. President Bob Kerrey oversaw the execution of civilians in the Vietnamese village of Thanh Phong, and continues to be a staunch supporter of the illegal invasion and occupation of Iraq. The Executive Vice President James Murtha acts like a petty dictator who prefers to threaten--and punish--those in the university who speak out against him or challenge his attempts to further consolidate power. The Board Treasurer Robert Millard presides over L-3 Communications, a corporation that is being sued for torture and human rights violations in Iraq and is one of the largest war profiteers in the nation. These are not men of honor or vision, and they are not appropriate leaders for the New School!

To address these varied problems we will continue to apply pressure on the university administration until the April 1 deadline. We will continue to organize the New School community against the present administration while exposing their incompetence and their attempts to stifle criticism.

But ultimately a line must be drawn in the sand, a point where we say, this far, and no further. That line is April 1. If, on that day, the current leadership remains in place, we will shut down the functions of the university. We will bring it to a halt. We will make it stop. Through our civil disobedience, we will reclaim the university as a center of academic and political action. In short, we will continue to struggle until we have restored the legacy and integrity of the New School!

--The New School In Exile

www.newschoolinexile.com

NEW YORK IS POSSIBILITY
THE NEW SCHOOL
IS NEW YORK

Defense of Marriage Act (Enrolled as Agreed to or Passed by Both House and Senate)
--H.R.3396--
H.R.3396
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To define and protect the institution of marriage.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Defense of Marriage Act'.
SEC. 2. POWERS RESERVED TO THE STATES.
(a) IN GENERAL- Chapter 115 of title 28, United States Code, is amended by adding after section 1738B the following:
`Sec. 1738C. Certain acts, records, and proceedings and the effect thereof
`No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 115 of title 28, United States Code, is amended by inserting after the item relating to section 1738B the following new item:
`1738C. Certain acts, records, and proceedings and the effect thereof.'.
SEC. 3. DEFINITION OF MARRIAGE.
(a) IN GENERAL- Chapter 1 of title 1, United States Code, is amended by adding at the end the following:
`Sec. 7. Definition of `marriage' and `spouse'
`In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word `marriage' means only a legal union between one man and one woman as husband and wife, and the word `spouse' refers only to a person of the opposite sex who is a husband or a wife.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by inserting after the item relating to section 6 the following new item:
`7. Definition of `marriage' and `spouse'.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

<DOC> [DOCID: f:publ199.104] [[Page 110 STAT. 2419]] Public Law 104-199 104th Congress An Act To define and protect the institution of marriage. <<NOTE: Sept. 21, 1996 - [H.R. 3396]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Defense of Marriage Act.>> SECTION 1. <<NOTE: 1 USC 1 note.>> SHORT TITLE. This Act may be cited as the ``Defense of Marriage Act''. SEC. 2. POWERS RESERVED TO THE STATES. (a) In General.--Chapter 115 of title 28, United States Code, is amended by adding after section 1738B the following: ``Sec. 1738C. Certain acts, records, and proceedings and the effect thereof ``No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 115 of title 28, United States Code, is amended by inserting after the item relating to section 1738B the following new item: ``1738C. Certain acts, records, and proceedings and the effect thereof.''. SEC. 3. DEFINITION OF MARRIAGE. (a) In General.--Chapter 1 of title 1, United States Code, is amended by adding at the end the following: ``Sec. 7. Definition of `marriage' and `spouse' ``In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word `marriage' means only a legal union between one man and one woman as husband and wife, and the word `spouse' refers only to a person of the opposite sex who is a husband or a wife.''. [[Page 110 STAT. 2420]] (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by inserting after the item relating to section 6 the following new item: ``7. Definition of `marriage' and `spouse'.''. Approved September 21, 1996. LEGISLATIVE HISTORY--H.R. 3396: --------------------------------------------------------------------------- HOUSE REPORTS: No. 104-664 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 142 (1996): July 11, 12, considered and passed House. Sept. 10, considered and passed Senate. <all>

he following excerpts are the main provisions of the Act:
Powers reserved to the states:
No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.
Definition of 'marriage' and 'spouse':
In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.[3]

Congress of the United States House of Representatives SUMMARY AND ANALYSIS DEFENSE OF MARRIAGE ACT AS INTRODUCED ON MAY 7, 1996 BY REPS. BOB BARR (GA), STEVE LARGENT (OK), JIM SENSENBRENNER (WI), SUE MYRICK (NC), ED BRYANT (TN), BILL EMERSON (MO), HAROLD VOLKMER (MO), IKE SKELTON (MO) The Defense of Marriage Act (DOMA) does two things. First, it provides that no State shall be required to give effect to a law of any other State with respect to a same-sex "marriage." Second, it defines the words "marriage" and "spouse" for purposes of Federal law. The first substantive section of the bill is an exercise of Congress' power under the "Effect" clause of Article IV, section 1 of the Constitution (the Full Faith and Credit Clause) to allow each State (or other political jurisdiction) to decide for itself whether it wants to grant legal status to same-sex "marriage." This provision is necessary in light of the possibility of Hawaii giving sanction to same-sex "marriage" under its state law, as interpreted by its state courts, and other states being placed in the position of having to give "full faith and credit" to Hawaii's interpretation of what constitutes "marriage." Although so-called "conflicts of law" principles do not necessarily compel such a result, approximately 30 states of the union are sufficiently alarmed by such a prospect to have initiated legislative efforts to defend themselves against any compulsion to acknowledge same- sex "marriage." This is a problem most properly resolved by invoking Congress' authority under the Constitution to declare what "effect" one State's acts, records, and judicial proceedings shall have in another State. Congress has invoked this authority recently on two other occasions; in the Parental Kidnaping Prevention Act of 1980, which required each State to enforce child custody determinations made by the home State if made consistently with the provisions of the Act; and in the Full Faith and Credit for child Support Order Act of 1994, which required each State to enforce child support orders made by the child's State if made consistently with the provisions of the Act. The second substantive section of the bill amends the U.S. Code to make explicit what has been understood under federal law for over 200 years; that a marriage is the legal union of a man and a woman as husband and wife, and a spouse is a husband or wife of the opposite sex. The DOMA definition of marriage is derived most immediately from a Washington state case from 1974, Singer v. Hara, which is included in the 1990 edition of Black's Law Dictionary. More than a century ago, the U.S. Supreme Court spoke of the "union for life of one man and one woman in the holy estate of matrimony." Murphy v. Ramsey, 114 U.S. 15, 45 (1985). DOMA is not meant to affect the definition of "spouse" (which under the Social Security law, for example, runs to dozens of lines). It ensures that whatever definition of "spouse" may be used in Federal law, the word refers only to a person of the opposite sex. ------ 104th CONGRESS 2D SESSION H.R. 3396 IN THE HOUSE OF REPRESENTATIVES Mr. BARR of Georgia (for himself, Mr. LARGENT, Mr. SENSENBRENNER, Ms. MYRICK, Mr. VOLKMER, Mr. SKELTON, Mr. BRYANT, and Mr. EMERSON) introduced the following bill, which was referred to the Committee on_____________ A BILL To define and protect the institution of marriage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Defense of Marriage Act". SEC. 2. POWERS RESERVED TO THE STATES. (a) IN GENERAL. -- Chapter 115 of title 28, United States Code, is amended by adding after section 1738B the following: Section 1738C. Certain acts, records, and proceedings and the effect thereof "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship." (b) CLERICAL AMENDMENT. -- The table of sections at the beginning of chapter 115 of title 28, United States Code, is amended by inserting after the item relating to section 1738B the following new item: "1738C. Certain acts, records, and proceedings and the effect thereof." SEC. 3. DEFINITION OF MARRIAGE. (a) IN GENERAL. -- Chapter 1 of title 1, United States Code, is amended by adding at the end the following: "Section 7. Definition of 'marriage' and 'spouse' "In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife." (b) CLERICAL AMENDMENT. -- The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by inserting after the item relating to section 6 the following new item: "7. Definition of 'marriage' and 'spouse'."

New School

notes on Regulating Aversion: Tolerance in the age of identity and empire
Wendy Brown

--general absence of tolerance discourse in Israel
--discursive practices emanating from the settler-native encounter are distinct from lib demo practices for managing its internal others --tolerance dis continuously remade and redirected by encounters with new hist turns and objects

p.1 epigraph
An enemy is someone whose story you have not heard—epi of ‘Living Room Dialogues on the Middle East’

--book Teaching Tolerance, Sarah Bullard

--a generation ago tolerance a code word for mannered racialism, now beacon of multiculti justice and civic peace --early in civil rights era—white north stakes superiority on contrast bet northern tol and southern bigotry --reproduced white supremacy

--but religious tolerance basic concept to liberal orders
--freedom and equality, rather than tolerance became watchwords of justice projects
--since mid80s there has been something of a global renaissance in tolerance talk—tolerance surged back into use as multiculti became central problematic of lib demo citizenship; as 3rd world immigration threatened the ethnicized ids of eur, NA and aus; as indigenous people pursued claims of reparation, entitlement, as ethnically coded civil conflict became critical site of int disorder; and as Islamic rel id expanded into trans-nat pol force

--domestic norms of integration and ass gave way to concerns with id and diff on left and rights claims of various min spurned as “special” rather than universal on right

today at UN conf, tolerance enumerated along with freedom of conscience and speech as fund component of uni human dignity—tolerance ribbon hung around choice of orthodox jew for democratic v-p nom in 2000
--and rubric under which george w declared that appointees in his admin wouldn’t have their sexual orientations scrutinized or revealed
--current “war on terrorism” being fought in part in name of t

--t related but not equiv to laicité in france (debates over hijab)

--practices of tol draw on distinct int and pol lineages but focused on diff cont objects—sexuality, immigrants, indigenous that themselves call for diff modalities of tolerance

--modalities of tol talk issued from poco encounters with indig in settler colonies do not follow same logics as those from Eur encounters with immigrants from its former colonies or those centered on patriarchal rel anxieties about insubordinate gender and sexual practices..or Islamic vs Euro-Atlantic

--semiotically polyvalent, politically promiscuous and sometimes incoherent use of tol in cont Am life can be made to reveal imp features of our pol time and condition

--how tol discourse constructs and positions lib and nonlib subjects, cultures and regimes; how it figures conflict, stratification and diff; how it operates normatively and how its normativity is rendered oblique almost to the point of invisibility
--protean in meaning and his/pol discursive in character –pol discourse and practice of govermentality—that which organizes ‘the conduct of conduct’
--prod, positioning, orchestration and conditioning achieved not through a rule or concentration of power but through the dissemination of told is across state institutions
--in current usage tolerance less a strategy of protection than telos of multiculti citizenship, focused less on belief than on id broadly construed
--once an instrument of civic peace and alt to violent exclusion or silencing of rel dissidents had metamorphosed into generalized lang or antiprejudice and now betokened a vision of the good society yet to come
--marks bodies

What kind of civil order does tol configure or envision? What kind of social subject does it produce? What kind of citizen
What retreat from stronger ideals of justice is conveyed by giving tolerance pride of place in moral-political vision of the good
--post 9/11 political rhetorics of Islam, nationalism, fund, culture and civil have reframed domestic discourses—the enemy of tol is now the weaponized radical Islamicist state or terror cell rather than the neighborhood bigot
--some articulating tol for genuinely new purposes—incl legitimation of new form of imperial state action in 21st cent, tethered to constructed opp bet cosmo W and its fund Other—tolerance emerges as part of a civlizational dis marking nonlib societies as candidates for intolerable barbarism signaled by putative intol ruling these societies
--moves from domestic to Occident vs Orient, free from unfree peoples lib from nonlib
--tol disc serves to legitimate west cult and pol imperialism --promotes western supremacy and aggression even as it veils them in the modest dress of tolerance—what is world of tolerance in contemporary imperial lib governmentality
--certain cultures/religions marked as ineligible for tol while others are so hegemonic as to not even register as cultures or religions—instead “mainstream” or simply “American” –conceit of neutrality thick with bourgeois Protestant norms
--liberalism civilizational discourse claims to be respectful of all cultures and religions, many which it would actually undermine by “liberalizing”
--tole in civilizational discourse strongly shaped by the colonial settler-native encounter as well as the poco encounter between white and indigenous, colonized or expropriated peoples
tolerance is a crucial analytic hinge bet the constitution of abject domestic subjects and barbarous global ones, between lib an the justification of its imperial and colonial adventures
--tolerance as a mode of late modern governmentality that iterates the normalcy of the powerful and the deviance of the marginal responds to, links and tames both unruly domestic ids or affinities and nonlib transnat forces that challenge the universal standing of lib precepts—tolerance regulates the presence o the Other both inside and outside the lib demo nation-state, often legitimates the most illiberal actions of he state by means of a term consummately associated with liberalism

--contrast between millet system of tolerance associated with Ottoman empire which divided society into communities grouped by religion—and Protestant tolerance, with emphasis on ind conscience
-in AM law, tol either 1st amend territory or place on rel newer legal terrain of group rights and sovereignty claims—in int law tol among panoply of goods promised by a universal doctrine of human rights

--pol deployments of tol as hist and cult specific dis of power with strong rhetorical functions
--track complex involvement of tolerance with power --tol can function as sub for or supp to formal lib equ or lib—can also overtly block pursuit of eq or freedom
--provides cover for imperialism—mobilizations of tol that do not simply alleviate but rather circulate racism, homophobia and ethnic hatred

discipline and punish

p,177 we found all the pupils drawn up as if for battle, in perfect alignment, immobility and silence

those who talk or hum when studying their lessons and those who will not write and who waste their time in play

178 On entering, the companions will greet one another…on leaving, they must lock up the materials and tools that they have been using and also make sure that their lamps are extinguished; it is expressly forbidden to amuse companions by gestures or in any other way; they must comport themselves honestly and decently

p146 Discipline is an art of rank, a technique for the transformation of arrangements. it individualizes bodies by a location that does not give them a fixed position, but distributes them and circulates them in a network of relations

The general form was that of war and rivalry; work, apprenticeship and classification were carried out in the form of a joust, through the confrontation of two armies; the contribution of each pupil was inscribed in the general duel; it contributed to the victory or defeat of a whole camp; and the pupils were assigned a place that corresponded to the function of each individual and to his value as a combatant

in its republican aspect it was a very embodiment of liberty; in its military aspect, it was the ideal schema of discipline

it was the Rome of the Forum, but it was also that of the camps

rows or ranks of pupils in the class, corridors, courtyards rank attributed to each

The organization of a serial space was one of the great technical mutations of elementary education…it made the educational space function like a learning machine, but also as a machine for supervising, hierarchizing, rewarding

In organizing ‘cells,’ places and ranks, the disciplines create complex spaces tat are at once architectural, functional and hierarchical

148 the table was both a technique of power and a procedure of knowledge. it was a question of organizing the multiple, of providing oneself with an instrument to cover it and to master it

152 hence the correlation of the body and the gesture

153 This is an example of what might be called the instrumental coding of the body. it consists of a breakdown of the total gesture into two parallel series: that of the parts of the body to be used (right hand, left hand, different fingers of the hand, knee, eye elbow, etc) and that of the parts f the object manipulated (barrel, notch, hammer, screw, etc,.)

171 eyes that must see without being seen

179 the children must never be placed in a ‘lesson’ of which they are not yet capable

a pupil who at the end of 3 examinations has been unable to pass into the higher order must be placed, well in evidence, on the bench of the ‘ignorant’

To punish is to exercise

a child has an imposition from which he can redeem himself with six points; he earns a privilege of ten; he presents it to the teacher who gives him back four points

the disciplinary apparatuses hierarchized the ‘good’ and the ‘bad’ subjects in reln to one another
the distribution according to ranks or grade has a double role: it marks the gaps, hierarchizes qualities, skills and aptitudes; but it also punishes and rewards. it is the penal functioning of setting in order and the ordinal character of judging Discipline rewards simply by the play of awards
The first class, known as the ‘very good’ were distinguished by a silver epaulette ; they therefore had a right to military punishment The second class, ‘the good’, wore an epaulette of red silk and silver; they could be arrested and condemned to prison, but also to the cage and kneeling. the class of mediocres had the right to an epaulette of red wool; to the preceding penalties was added, if necessary, the wearing of sackcloth. The last class, that of the ‘bad’, was marked by an epaulette of brown wool; the pupils of this class will be subjected to all the punishments thought necessary, even solitary confinement in a dark dungeon. to this was added for a time, the ‘shameful’ class, for which special regulations were drawn up so that those who belonged to it would always be separated from the others and would be dressed in sackcloth

182 “’In order to judge the kind of conversion undergone by pupils of the shameful class who behave well,’ they were reintroduced into the other classes and given back their uniforms; but they would remain with their comrades in infamy during meals and recreation

So that they might al be like one another subjected to subordination docility, attention in studies and exercises, and to the correct practice of duties and all the parts of discipline

it measures in quantitative terms and hierarchizes in terms of value the abilities, the level, the nature of individuals. it introduces, through this value-giving measure, the constraint of a conformity that must be achieved. Lastly, it traces the limit that will define difference in relation to all other differences, the external frontier of the abnormal

the perpetual penalty that traverses all points and supervises every instant in the disc institutions compares, differentiates, hierarchized, homogenizes, excludes. in short, it normalizes

The power of the Norm appears through the disciplines. Is this the new law of modern society?

The Normal is established as a principle of coercion in teaching with the introduction of standardized education

normalization becomes one of the great instruments of power at the end of the classical age

the power of normalization imposes homogeneity; but it individualizes by making it possible to measure gaps to determine levels, to fix specialties and to render the differences useful by fitting them one to another … the norm introduces, as a useful imperative and as a result of measurement, all the shading of individual differences

184
The examination combines the techniques of an observing hierarchy and those of a normalizing judgement. It is a normalizing gaze, a surveillance that makes it possible to qualify, to classify and to punish. It establishes over individuals a visibility through which one differentiates them and judges them. that is why, in all the mechanisms of discipline, the examination is highly ritualized.

The superimposition of the power relations and knowledge relations assumes in the examination all its visible brilliance

power relns that make it possible to extract ad constitute knowledge

186 It became less and less a question of jousts in which pupils pitched their forces against one another and increasingly a perpetual comparison of each and all that made it possible to measure and to judge

examined every day of the week: on the first for spelling, on the second for arithmetic, on the third for catechism in the morning and fir handwriting in the afternoon

it extracted from the pupil a knowledge destined and reserve d for the teacher

the age of the examining school marked the beginnings of a pedagogy that functions as a science

1. the examination transformed the economy of visibility into the exercise of power

traditionally
Those on whom it was exercised could remain in the shade; they received light only from that portion of power that was conceded to them

disciplinary power is exercised through its invisibility; at the same time it imposes on those whom it subjects a principle of compulsory visibility. in discipline it is the subjects who have to be seen in this space of domination, disc power manifests its potency, essentially by arranging objects. the examination is, as it were, the ceremony of this objectification

the role of political ceremony had been to give rise to the excessive…an ‘expenditure’

188 Discipline had its own type of ceremony. It was not the triumph, but the review, the ‘parade,’ an ostentatious form of the examination

On the left several ranks of soldiers are shown full face and aligned in depth; they have raised their right arms to shoulder height and are holding their rifles exactly vertical, their right legs are slightly forward and their left feet turned outwards

In the background is a piece of classical architecture

above the balustrade that crowns the building are statues representing dancing figures: sinuous lines, rounded gestures, draperies

The order of the architecture, which frees at its summit the figures of the dance, imposes its rules and its geometry on the disciplines men on the ground

“very good, only they breathe”

2. the examination also introduces individuality to the field of documentation
--the exam leaves behind it a while meticulous archive constituted in terms of bodies and days. The exam that places inds in a field of surveillance also situates them in a network of writing; it engages them in a whole mass of documents that capture and fix them. the procedures of exam. were accompanied at the same time by a system of intense registration and of documentary accumulation. A ‘power of writing’ was constituted as an essential part in the mechanisms of discipline

It was the problem of the teaching establishments, where one had to define the aptitude of each individual, situate his level and abilities, indicate the possible use that might be made of them: ‘the register enables one, by being available in time and place, tp know the habits of the children, their progress in piety, in catechism, in the letters, during the time they have been at the School’”
190
the other innovations of disciplinary writing concerned the correlation of these elements, the accumulation of documents, their seriation, the organization of comparative fields making it possible to classify, to form categories, to determine averages, to fix norms

the constitution of the individual as a describable, analyzable object in order to maintain him in his particular features, in his particular evolution, in his own aptitudes or abilities, under the gaze of the permanent corpus of knowledge

arranging of facts in columns and table were of decisive imp in the epistemological thaw of the sciences of the individual

the problem of the entry of the individual into the field of knowledge; the problem of the entry of the ind description, of the cross-examination, of anamnesis, of the ‘file’ into the general functioning of scientific discourse

one should look into these procedures of writing and registration, one should look not the mechanisms of examination, into the formation of the mechanisms of discipline, and of a new type of power over bodies. Is this the birth of the sciences of man? It is probably to be found in these ‘ignoble’ archives, where the modern play of coercion over bodies, gestures and behaviour has its beginnings

3--The examination, surrounded by all its documentary techniques, makes each individual a ‘case’, a case which at one and the same time constitutes an object for a branch of knowledge and a hold for a branch of power
--for a long time the everyday individuality of everybody remained below the threshold of description. To be looked at, described in detail, followed from day to day by an uninterrupted writing was a privilege
--his historiography, written as he lived out his life formed part of the rituals of his power. The disciplinary methods reversed this relation, lowered the threshold of describable individuality and made of this desc a means of control and method of dom. It is no longer a monument for future memory, but a document for possible use. And this new describability is all the more marked

The turning of real lives into writing is no longer a procedure of heroization

the ind as effect and object of knowledge

it is exercised by gaps rather than deeds

what secret madness lies within him

substituting for the individuality of the memorable man that of the calculable man

the adventure of our childhood no longer finds expression in le bon petit Henri but in the misfortunes of little Hans..in the place of Lancelot we have Judge Schreber

power produces reality, domains of object and rituals of truth

a series of foam board and performance tests of intelligence --dearborn

the Gipsies might do better but not the Canal Boat children

One cannot differentiate between grades of intelligence on the basis of the materials employed, e.g., between the handling of “things” or “ideas,” whether the latter are said to be concrete or abstract, or between the handling of things and the symbols for things, such as words or numbers. Bradley’s discovery of the reason for the aberration of the light of the stars followed on the observation of a change in the position of the vane at the top of a boat’s mast while he was sailing upon the river Thames

Many criticisms of the current methods of testing intelligence rest plainly on a psychology that fails to distinguish the levels of intellectual functioning or to assign to conceptual thinking the place that belongs to it in the hierarchy of intelligences. if an intelligence test can be shown to depend upon the language factor (ie upon the ability to think in terms of symbols), this is sufficient in the eyes of some psychologists to condemn it as no-valid

But if intelligence is the ability to think in terms of abstract ideas, we should expect the most successful in tests to be just those which involve the use of language or other symbols. We should also be justified in demanding that an int test should correlate well with what we may call “school educability”

it is as yet too early in the history of the dev of intelligence tests to rest the argument on the “survival of the fittest” and the question is not whether “a child cannot acquire a normal vocabulary” or is not possessed of “school educability” the notion of “conceptual thinking” must be regarded as faulty if it leads to an overemphasis of the seeming discreteness, to wit, “levels” and “hierarchies”

In this sense creatures extremely low in the intellectual scale may have conception. All that is required is that they should recognize the same experience again. A polyp would be a conceptual thinker if a feeling of ‘Hullo! thingumbob again!’ ever flitted through its mind.”

the more adorable knowledge ought to be that of more adorable things, the things of worth are all concretes and singulars

the motiles, as compared with their socially-established brothers, the visiles and audiles, seldom get fair play. The latter two groups, themselves recognizes as belonging to a kind of intelligentsia, not infrequently fall into the bad habit of regarding with some contempt all persons whose motor activity is expressed through channels other than the socially approved ones of speech and writing

the bizarre performances of some children and adults with high intelligence ages and quotients (as determined by verbal and scholastic tests) in the “simple” tests of this series may thus be accounted for

FIND ALL THE BLOCKS WHICH ARE JUST THE SAME SHAPE AS THIS ONE

FIND ALL THE BLOCKS WHICH ARE THE SAME COLOR AS THIS ONE

HERE IS A BOARD WITH A LOT OF HOLES IN IT. DO YOU SEE THEM? (pointing to the depressions) AND HERE (pointing) ARE A LOT OF BLOCKS WHICH WILL FIT INTO THESE HOLES. THERE ARE TWO BLOCKS FOR EACH HOLE. I WANT TO SEE HOW FAST YOU CAN PUT ALL THE RIGHT BLOCKS INTO THE RIGHT HOLES UNTIL ALL THE HOLES ARE FILLED. YOU MAY USE ONE OR BOTH HANDS. READY, GO!

the examiner then says “HERE IS A LONG BLOCK. I WANT YOU TO CHANGE THE OTHER BLOCKS AROUND IN THESE TWO HOLES SO THAT THE LONG BLOCK CAN BE FITTED IN AND BOTH THE HOLES WILL BE FILLED.”

NOW WHEN I SAY GO I WANT YOU TO FILL ALL THE HOLES AS QUICKLY AS YOU CAN WITH THESE FOUR BLOCKS. YOU MAY CHANGE THE BLOCKS AROUND AS YOU NEED TO BUT DON’T CHANGE THEM ANY MORE THAN YOU HAVE TO. READY? GO!

WITHOUT MAKING ANY MORE MOVES THAN YOU HAVE TO, CHANGE THESE BLOCKS AROUND SO YOU CAN FIND A PLACE FOR THE EXTRA SQUARE (pointing to square). DON’T HAVE ANY BLOCKS LEFT OVER. READY—GO AHEAD.

WHAT WE WANT TO DO IS TO MAKE A SPACE OR HOLE FOR THIS SQUARE BLOCK AND PUT THE BLOCK INTO IT IN SUCH A WAY THAT ALL THE HOLES IN THE BOARDS WILL BE FILLED AND NO BLOCK WILL BE LEFT OUT. INORDER TO DO THIS WE MAY CHANGE THE OTHER BLOCKS ABOUT; ONLY WE MUST NOT MAKE ANY MORE CHANGES THAN ARE NECESSARY.”

I WANT YOU TO PLACE THESE TWO SQUARES IN THE BOARD SO THAT ALL THE HOLES WILL BE FILLED AND NO BLOCKS BE LEFT OUT. MAKE JUST AS FEW MOVES OF THE OTHER BLOCKS AS YOU CAN, AND WORK QUICKLY.

NOW WHEN I SAY GO I WANT TO SEE HOW QUICKLY YOU CAN PUT THE BLOCKS INTO THE FIRST HOLE. READY GO!

NOW WHEN I SAY GO I WANT YOU TO TAKE THE BLOCKS OUT OF HOLE NO. 1 AND PUT THEM IN HOLE NO. 2 (POINTING); THEN TAKE THEM OUT OF NO. 2 AND PUT THEM INTO NO. 3, AND SO ON. READY, GO!

DO YOU SEE THE HOLE IN THIS BOARD? (pointing) WELL, I WANT YOU TO FILL IT UP WITH THEE BLOCKS (handing them to him). DO IT AS QUICKLY AS YOU CAN. READY, GO!

When a subject wishes to give up before the expiration of the time limit, he should be encouraged by the direction, “TRY THEM SOME OTHER WAY.”

THIS PICTURE IS NOT FINISHED, SOME PARTS HAVE BEEN LEFT OUT, AS YOU SEE (pointing). YOU WILL FIND THE MISSING PARTS THERE (pointing to open box). I WANT YOU TO FIND THE RIGHT BLOCK FOR EACH HOLE AND PUT IT IN. OF COURSE, YOU CAN’T USE ALL THE BLOCKS, BUT YOU MAY BE SURE THAT THE RIGHT BLOCK FOR EACH HOLE IS IN THE BOX. YOU MAY USE ONE OR BOTH HANDS, AND CHANGE THE BLOCKS AROUND AS MUCH AS YOU WISH. WORK AS QUICKLY AS YOU CAN, AND LET ME KNOW WHEN YOU HAVE FINISHED IT. DO YOU UNDERSTAND? ALL RIGHT, GO AHEAD.

WHAT IS THIS A PICTURE OF? WHY DO YOU THINK THAT? WHAT SEASON OF THE YEAR IS IT? WHY DO YOU THINK SO?

SEE IF YOU CAN MAKE A PIECE OF FURNITURE OUT OF THESE BLOCKS. YOU MUST USE ALL THE PIECES.

WITH THESE PIECES I SHOULD LIKE TO HAVE YOU MAKE A PIECE OF FURNITURE OR SOMETHING OF THAT KIND, USING ALL THE BLOCKS. YOU MAY MOVE THE PIECES AROUND IN ANY WAY YOU WISH. WHEN YOU HAVE MADE SOMETHING, TELL ME WHAT IT IS. WORK AS QUICKLY AS POSSIBLE.

there are two processes necessary in the standardization of a test

who do form boards measure

there are three intelligences which everyone possesses, the abstract intelligence, the mechanical and the social intelligence

this test had to be abandoned because it was found that feebleminded inmates of institutions frequently made high scores on this test

furniture tests are more general in their nature and require abstract thinking in some degree for their successful completion the subject with a low IQ who does well in the form boar tests can probably be developed into at least a semi-skilled worker, while the possibilities for the education of the feedbleminded or borderline case with poor performance test scores are very much more limited

Possible Applications of Mental tests to social theory and practice
C. Terence Pihlblad, Ph. D

diss U of Missouri 1925

Perhaps there is no more imp development in recent years than the so called mental testing movement

As is often the case with newly discovered knowledge, which, often times, is half discovered knowledge

a general tendency to emphasize the imp of the inborn or hereditary nature of inds in explaining their behaviour

the great condition of the decline of any civilization is the inadequacy of the qualities of the people who bear it
Each people that has attained a high level of civilization has done so on the basis if the intellectual and moral qualities of the races which have entered into its composition

civilization depends on the qualities of the people who bear it..So long as these men and women are able to support it, the structure rises broad based and serene; but let the living foundations prove unequal to their task and the mightiest civilization sags, cracks, and at last crashes into chaotic ruin

of these innate qualities upon which our civ rests, know is more imp for bio det than that of intelligence . the dev of civ and cult seems to them a matter of the progressive improvement of the germ place of the race

this means that when the volume of culture increases tremendously as it has done great and greater mental power is required to absorb and recombine the cultural elements…
intelligence is required to appreciate intelligence…an innate capacity to be improved only by selective breeding..the success of demo dependent on intelligence of the masses

What is needed, then, is not so much education as eugenics

the meaning of intelligence…it is regarded as an innate capacity to learn. it is dependent on the maturation of the nervous structures of the brain and grows as long as they do, ceasing to develop when the nervous system has reached the limit of its physical growth

general int is the innate capacity fixed with the conjugation of the chromosones in the original cell, which, independently of environment, determines the differences and resemblances between individuals in ability to learn; the factors of power, speed, accuracy and versatility all being taken into account

a nervous mechanism that is inborn the kind of chromosomes which come together with the union of the germ cells

native differences in mental makeup

it is now possible to detect and measure through the use of intelligence tests the degree of mental development attained by the ind irrespective of chron age or of acquired knowledge

the int tests give a rough classification of inds as to probable achievement in appropriation and advancement of culture…the avg success of groups may be quite accurately foretold

the socially fortunate classes contribute much more than their share of superior int

the native American stock is superior to most of the immigrant groups

the army mental tests demonstrate at best an adolescent mentality for the people, the trad demo aspiration fro a social order resting on an enlightened and cultivated general will must be renounced. Obviously a relatively childish mentality cannot support institutions presupposing rationality and refinement. By implication, society must be governed, however circumspectly, by the gifted minority
modern demo mvmnts serve to incite the less well to do to irrational discontent and reckless revolt

it is argued that mental inequalities make a demo system impossible ---avg am intelligence too low for a demo system

an efficient social order presupposes int and rationality in the formation of social judgment. but one cannot expect rationality from a people whose average mental capacity is no greater than a child of thirteen

if intell tests measure pure native intelligence, the we must reach the conclusion that 43.3% of the white draft who tested below a mental age of 13 should be classed as morons. How does such a revelation affect our ideas of such democratic experiments as representation, the initiative, referendum, direct election of senators, etc the low grade man is material unusable in a democracy and we must eliminate him from the electorate as we would the criminal, the insane, the idiot and the alien

civ and cult threatened by increase of low grade intell, because the less intelligent reproduce more rapidly than the superior and because we are admitting progressively poorer stock from abroad

the civ f America depends upon your continuing to produce A and B men in fair numbers. At present A men are 4% and B mean 9%; and you are breeding from the lower side of the curve

the weapons we have trad relied on to cope with lack of of intell—education and enlightenment are powerless

a public school system preparing for lie young people of a race, 50% of whom never reach a mental age of 10 years is a system yet to be perfected

the answer is: an int aristocracy chosen through the medium of int tests

hence the prob of edu would be the determination of those with superior endowment, their training and education, the opening up of the upper strata to them to them to create an aristoricy [sic] of brains

an A stock established to become the parants [sic] of the next generation of the superior. Their names would be published periodically and thus make known what families carried superior qualities in their germ plasm. think how in years to come these annual publications would establish the good strains, the desirable families with which to become associated, how in short, they would become the human stud book

the would throw light o the negro problem, Indeed it is not hard to find justification for the failure of the black race to achieve higher planes of social adv in light of their consistently low scores on the tests

judged by the int tests at least 50 % of al criminals are feebleminded

race and occupational groups differ in their capacity to share the burdens of civilization

the mental age of Americans
the avg citizen of US is just above the upper line of “borderline deficiency”

the soldier was heavily penalized by his unfamiliarity with the materials of which the tests were constructed, materials with which the school child would have had a much greater chance to be familiar than the average soldier

raw brain power unaffected by environmental factors

we may assume that we are measuring native capacity

the tests in question measure chiefly the habits and interests ordinarily acquired in school, which many adults may either never have learned well or forgotten

the novelty of the tasks had much to do with the original low scores

some men came to the examination room coached in what they were expected to do; others came in fear that they would be given a ‘brain test” they might not be able to pass; still others came determined not to make a good showing in hope that they might be discharged from the army. these any may other factors affected performance.

about al that can be said is that the tests measure those particular abilities which are necessary to solve problems, puzzles or other tasks of which the tests are composed. Collectively these are assumed to make up what most people call intelligence

to assume that we have ascertained a person IQ on the basis of a standard test, that we have measured some general power which resides in him and determines his ability in every variety of intellectual task in its entirety is to fly in the face of all that is known about the org of the intellect It will prophesy less accurately how well he will respond in thinking about a machine he tends, crops that he grows, merchandise that he buys and sells, and other concrete realities that he encounters in shop, lab, field or office

there is not sufficient proof that people having the highest scores are the real superiors among mankind and the only ones fitted fro carrying on the improvement of our civ

the avg mental ago of Americans does not prove that we are a nation of morons

mentality is nit a structure like nose or eye color, but a function, and is not even the immediate function of a structure, but one that is derived from a number of intermediate functions which ultimately rest on some structure

man is not, like the animals, surrounded by a static and unchanging environment He lives in a world, not only of things and objects, but in a world of ideas, beliefs and attitudes acquired from others more or less like himself. it is to stimuli coming from this world which the individual primarily responds, from the time that he is first dropped into it by birth, until he is removed from it by death

natively he is a bundle of reaction tendencies, but thee tendencies can express themselves only through the medium of culture

Watson contends that we do most of our thinking with our vocal cords p.25 Differences in kind of language, that is in its richness of symbolism, its vocabulary of words representing abstract concepts, are likely to affect seriously the degree of success attained on mental tests by persons with different language habits

in an English speaking environment hearing speaking and reading nothing but English should not have a distinct advantage in tests requiring the finding of opposites, the hunting for an analogy, the filling of an uncompleted sentence and the like

The mental tests are made up out of materials drawn from our surrounding culture. Most of then require paper and pencil responses. Many of them require familiarity with words. Some of them include pictures, figures and other objects. All of these objects come clothed with a meaning fro each individual, partly because the two are not natively alike, and partly because the background of interpretation is not the same for both

29 these native capacities while they cannot be measured in their “pure” form undoubtedly exist, and exist in varying ..they express themselves in form of responses which are functions of structures of the nervous system

whatever mental development may be due exclusively to the maturation of the structures and functions underlying general intelligence I termed for convenience vertical growth

the brightest European child brought up by a tribe of African pygmies would probably be classes as feebleminded in a western civ

horizontal intelligence is the growth we believe most imp in determining the int and eff with which a group orders civ

as far as we know, the advance of culture, and the increasing perfection of man’s control over nature has not come about through any improvement of his organic capacities there is no physical evidence of the dev of man’s brain or other nervous structure during the past 20,000 years this level of bio dev has been reached ages ago when man’s superior brain with its large cortical area and his upright position with its free hands was evolved

70% of the notables were fathered by 7.5% of the nation’s men In contrast unskilled laborers fathered almost none of the notables of Who’s Who..there were 1250 notables per 10,000 clergymen of the Episcopal faith, while Methodist clergymen fathered only 103 per 10,000

the necessity of proper selection of immigrant stock that the average level of intelligence in the US be nt depressed by the infiltration of poor germ plasm from southern Europe

eugenics is a philosophy of despair, but education does not take generations to work

Immunity to propaganda, critical attitudes of mind, dissapation [sic] of intolerance and ignorance, and ignorance breeds intolerance, is a matter of enlightenment

The day has passed when we can safely depend on amateurs to administrate out=r complex social machinery Intelligence may be used for selfish as well as for social purpose

an aristocracy of brains is no more associated with welfare than is an aristocracy of wealth or birth

while intelligence may point the way, it is the mobilization of the emotion of the group behind great moral ideas which will supply the motive force the ability to arouse the emotional force latent in the group

innate variations diminish rapidly in social sig as we go up the scale from idiot to genius

It has been held that the results of mental tests justify the following conclusions
A that the whole American Social and pol tradition must be re-organized in the light of the results of intelligence tests
B That the tests have demonstrated such wide inequalities in intelligence that a democracy based on equality of right must inevitably create an artificial equality where none exists by nature
C That a social order resting on enlightened public opinion is impossible since the tests have demonstrated at best only an adolescent mentality for the masses of the people
D That society must be controlled and governed by the gifted minority
F That the program of universal education is futile and wasteful since the natural limitations on the intelligence of the wide masses make them unable to profit by them

I like to write about people that are really flawed
I like to write about urban space and love
I like to write about religion and identity
I like to write about people that I just don’t understand
I write about being broke and blue collar and things that start with b
I write about I guess myself
I normally write about crazy people
I’ve been playing a lot with persona
I write about everyday relationships in a harsh but endearing way
I write a lot of comedy at my own expense
I try to write something that’s quirky and heartbreaking
I tend to write about people getting murdered
I’m interested in writing from a queer perspective
I’m trying to make sense of intense emotions
I’m done writing about Calcutta and want the next thing
I want to make writing about my experience more palatable
I like to explore the dark side of the child’s mind
I’ve been writing about racism in my family
I’ve been focusing on misunderstandings and disasters
I’m working on a memoir about displacement
I guess I’m just going to stick with the truth
My writing tends to be about spirituality and people like myself who are in their late 20s and coming to age extremely late in life and how that dovetails with urban decay in small-town America

According to ETS, the General Test “measures analytical writing, verbal and quantitative skills that have been acquired over a long period of time and that are not related to any specific field of study.” The Subject Tests ‘are intended to indicate students’ knowledge of the subject matter emphasized in many undergraduate programs as preparation fro graduate study.”
well that’s all very nice, but it’s just a lot of ETS hooey. According to us (PR) the general test (like all standardized color-in-the-dots tests) is desgined to measure your standardized test-taking skills. GRE Lit is a hopeless attempt at quantifying a subject that can’t be quantified. it end up testing one thing: your ability to take the GRE Literature in English Subject test.

Sound terrifying? Relax…you’ll find that the monster has a lot fewer teeth than might appear

ETS hoards its subject test material fanatically

Proctor: You may break the seal and begin the test

Guessing aggressively by understanding your raw score

the Literate Test is going to feel extremely difficult

We’ve talked to several students who came away from the test feeling like they’d just bee mugged

Don’t let the occasional wrong answer alarm you

Do you know anything? If so, then guess.

it’s in large part a speed reading competition ….favors the fast reader

Be strong, brave and confident—in other words, forewarned. “I never felt stupid before, not until I took this test.”

The test is like a horrible cocktail party full of insufferable poseurs intent on name-dropping while grilling you on trivial gibberish (“ I was over at Billy’s little soiree the other night at the Globe, private screening of his latest, Hamlink or something, anyway it’s just faboo, very artistic…and who’s sitting next me? Dicky Burbage, that’s who…”)

As we mentioned you don’t need to know very much about lit in any scholarly sense, but you do need to know the cocktail party details

ETS is never going to ask yu anything that requires true depth. As you study, ask yourse;f, “What do i need to know in order to fake it at the cocktail party?” If you can catch the right name, nod at the right time, pretend you;ve read the book when all you’ve red is the review…you’ll ace this test

The most imp details to keep track of are names. Names. Many, many of the questions are a piece of cake if you can just recognize a name. Are we being too emphatic? No, we are not being too emphatic!!! NAMES.

You needn’t sweat what Derrida means by ‘difference’ nor what a Sub-Altern Studies critic means by the “colonial other.” The literary terms ETS queries are the old-fashioned kind, such as metaphor, metonymy, and enjambment

GRE regular book

You’ll do better on the GRE by putting aside your feelings about real education and surrendering yourself to the strange logic of the standardized test.

The ETS Elf is hanging out inside the computer, crafting your test as you go along

The extent to which you’re truly seiou about raising your verbal score will be the extent to hich you focus on learning more words

the best way to build a good vocabulary is t read a variety of good books over the course of a lifetime

Every time you encounter a word your sort of know, make it a word you know from then one

use common sense, but not outside knowledge…avoid extreme statements

ETS is politically correct. Any choices that portray minorities, women, or any modern nations in a negative light can be eliminated
--ETS has respect for the authors and subjects of these reading comprehension passages. If an answer choice says that the purpose of passage is “to demonstrate the intellectual dishonest of our founding fathers,” you can safely eliminate it without so much as glancing bck at the passage.
--You can eliminate any choice that is too negative or too extreme. ETS’s reading passages don’t have strong emotions. ETS is a middle-of the road, responsible establishment—i.e., boring. The tome of a passage will never be scathing. An author’s style would never be violent, and an author will never be irrational
--You can eliminate any choice that suggests that the author is detached. Just as correct answer choices will not impute extreme emotions to an author, neither will they suggest the author has no emotion at all. The author cared enough to write the passage in the first place. it’s fine to be “objectiv,” “impartial,” or “unbiased,” but an author’s attitude will never be one of “apathy,” “indifference,” or “detached ambivalence.”

Don’t do more work than you have to

Use your new word every chance you get. Make it part of your life. Insert it into your speech at every opportunity. Developing a powerful vocabulary requires lots of exercise

Keep a vocabulary notebook. Simply having a notebook with you will remind you to be on the lookout for new words, and using it will help you remember the ones you encounter

ETS uses the “holistic” scoring method to grade essays; your writing will be judged not on small details but rather on its overall impact

Your essays will initially be read by

• captains of industry
• leading professors
• C) college TAs workign part time

To ace the Analytical Writing section, you need to take one simple step: Write as much as you possibly can

The premises must support the conclusion the way table legs support a tabletop. The tabletop is the most obvious and useful part of a table—you see more of it, and you can out things on it. But without the legs to hold it up, it’s just a slab of wood on the floor. The same is true for the conclusion of an argument. The conclusion is the part that gets all the attention, sicne it recommends some course of action. But without the premises to support the conclusion, the conclusion won’t hold up.

You can use the “Why Test”

Did your essay have three strong paragraphs critiquing the arguments?

The Impressive Book Reference
In any kind of writing it pays to remember who your audience will be. In this case, the essays are going to be graded by college teaching assistants. they wouldn’t be human if they didn’t have a soft spot in their hearts for someone who can refer to a well-known book

summary of reign of ETS –nairn

“life may have less mystery but it will also have less disillusion and disappointment. Hope will not be a lost source of strength, but it will be kept within reasonable bounds” in 1950 annual report of Educational testing Service, new org non-profit tax exempt corp (founding orgs Carnegie corp, fdtn, am council education)

--bold vision of social planning which encompassed “the whole national man-power, woman-power and child-power.”

ETS would convince people that it had measured their minds and use those measurements to shape their educational and career opportunities

“I venture to predict that we will become accustomed to it and wil find ourselves off for it.”

“I wouldn’t tell anybody how I did’ “it would really mentally cripple me”

After all, I always knew I was stupid

he is viewed according to his scores…altogether rit is probably a good thing

that jerk—he only made 420! The bright steady student is appreciated with his high 600, and the unsuspected genius with his 700 is held in awe. This is not exactly the use of College Boad scores we had in mind when we decided to authorize their distribution, but it’s possible ot think of many worse

maybe the CIA has greater and better capacities for info collection, storage and retrieval

ETS in its role as gatekeeper, is necessarily an impediment to the ideal that all individuals should have unfettered and continuous opportunity to purse their educational interests and utilize their academic talents

ETSt trst influence the chnac eto enter half of am colleges, 75 % grad programs and -100 % of law schools; the opportunity to sell insurance in Illinois, fight fire or alk a police beat in Philly

preschool to end ohigh school and beyond

according to ETS an aptitude test measures “the capacity or potentiality of an individual for a particular kind of behavior” can predict success by measuring potential for certain important kidns of thinking

college grades could be predicted just as well by a random process, such as a roll of the dice

1979 ETS report on student accomplishment beyond classroom concluded that rather than test scores “info abtu past accomplishments is the best predictor of future accomplushments

No one can be found who will seriously defend the freshman year grade-point avg as an im gauge of anything very imp in life’s list o fdesirable values

Aptitude scores decline with age, as the test-take moves out of the test-oriented academic world and into the performance-oriented job world. A 1969 study found that older students with actual job experience scored lower than 19-20 year old applicantson the ETS test for GMT --these students performed better in school than the test scores would predict. students whose personalities make them esp anxious during the exams also score poorly

the disadvantage experiece by those students who lack test wisdom

50 verba points were gained or lost on their answers to six questions—the equivalent of five minutes of work

test pros Francis Galton, Lewis terman (dev Stanford –binet in 1916), Carl C. Brigham

brigham 1901 re intangible qualities “that go toward the making of civic worth in man: broke society up into 8 cats A criminals, semi-criminals, loafers and some others to H where the brains of the nation lie

dr. henry goddard of vineland nY school for feeble-minded advocated using test scores to identify candidates for forced sterilization –soon taking up by leaders of stand test mvmt -rise of mental testing mvmt coincided with passage of sterilization laws from 1907 to 1928 over 8500 americans were sterilized for eugenical reasons --nazis 1933 adopted a eugenical sterilization law which closely paralleled the one US had been advocating --moved away from claim that tests coukd measure the potential of whole classes to claim that they measurd the potential of inds

terman “in the near future intelligene tests will bring tens of thousands of these high-grade defectives [people who score low] under the surveillance and protection of society. this will ultimately result in curtailing the reproduction of feeble-mindedness.”

carl Campbell brigham’s book a study of american intelligence 1923 developed first SAT

warning that the “future blended American would be less intelligent than the present native born Amercian”

nationwide “inventory of human assets and liabilites of the US”

ETS formed in 1947 to do that

it is not merely a matter of penthouse vs tenement The mor money a person’s family makes the higher the person tends to score

in you today and tomorrow ETS text first issued in 1959, 10 year olds are advises “so in making their decisions, the first questions that John andy Betsy and Bill have to ask themselves are” How much general scholastic ability have I? What specil abilities have I? to help decide on “different occupational goals…diff edu plans…and diff school subjets to be chosen

test scores can contribute to a positve self-concept or can result in emptional disturbance engendered by a sense of failure

say you monolithic trstign Goliath, who do you answer to?

Where the plain language movement went wrong #1

Depending on the translation, Nicholas in The Miller's Tale is one of "Nicholas the Gallant," "Handy" Nicholas or, my favourite, "Tricky Nicky," as in: "Nicholas answered by ripping off an enormous fart as powerful as thunder that nearly blinded Absalom. He was ready with the hot poker, though, and rammed it right at Tricky Nicky's butt."

The Penguin edition's "Nicholas the Gallant" certainly doesn't capture the euphemistic "courteous" of "hende Nicholas." I like "handy" better, not just for its aural resemblance, but "tricky nicky" is just laughable. Soon you'll get sparks notes students writing confusedly about the tricky dick, uh nick...

Arcite, false traitour wikke...For I defye the seurtee and the bond/Which that thou seyst that I have maad to thee/What, verray fool, think wel that love is free = Arcite, you backstabbing son of a bitch!...Screw our friendship and the oath we made as blood brothers. Don't you know, dumbass, that I'm free to love anyone I want no matter how you feel? [NO FEAR Canterbury Tales, by Sparks Notes]

Chaucer side-by-side Plain English: How greet a sorwe suffreth now Arcite! = It sucked for Arcite!

Pardoner’s tale p 311
You see God banished Adam and Eve from paradise to live lives of misery and toil because they were gluttons. Everythign ws fine in the Garden of Eden as long as Adam didn’t eat anything, but they got kicked out when he ate the forbidden fruit on the tree.

Stupid stomach! You are filled with corruption and dung. Both ends make awful sounds when burping or farting

how have you lived to be so frickin od? shouldn’t you be dead by now? p322

p325 not so fast gramps nay, olde cherl

p327 I may goof off a lot, but I’m pretty sharp My wit is greet, though that I borude and pleye

p334 Thou woldest make me kisse thyn old breech,
And swere it were a relik f a scent You’d call your own pants a relic and make me kiss them even though they’re soiled with crap! By the true cross that St. Helena found, I wish I could have your balls in my hands instead of your so-called relics so that I cud cut them off and have them smashed into pig turd

p345 Last night as I slept so dreamy/I pictured something so steamy/Me having sex with an elf-queen

he said, “Bug off you little puissant!”

Dressed in armor and with my lance/I’ll slay you through your underpants

Oh my God, stop stop stop! I can’t take any more of his horrible story! “It’s perverse, not to mention just plain stupid, and your poetry sucks!

You’re wasting everyone’s time, so I’m putting a stop to it here and now and putting the kibosh to any more of your damned poetry! Now how about a nicer story, one that’s uplifting or at east funny, Just don’t out it in rhyme

p261 I don’t give a rat’s ass for his proverbs or his misogynistic crap

259 I’ve never been able to keep hot guys out of my bed..I don’t care, as long as he can get me off I took no kepe, so that he liked me
I had a gap in my front teeth which is the sign of Venus and lust. God, I was a horny one…the best piece of ass around

249 Oh honey, Willy’s looking pretty limp tonight. Come over here and let me kiss you!...You know, my vagina would be a lot happier if I were sleeping with another man For if I wolde sell my bele chose,/I could walk as fresh as a rose

227 I wish to God I could get off as often as he must have To be refreshed half so ofte as he

p223 and thst is how the carpenter’s wife was screwed, how Absoalom kissed her nether eye and how Nicholas got his ass burned Thus swyved was the carpenters wyf..And Absalom hath kist hir nether ye,/And Nicholas is scalded in the toute
king henry 1V
You are so wasted from drinking booze and loosening your pants after lunch and sleeping on benches all afternoon that you don’t even remember how to ask for what you really want to know.

Thou art so fat-witted, with drinking of old sack, and
unbuttoning thee after supper, and sleeping upon benches
after noon, that thou hast forgotten to demand that truly
which thou wouldst truly know.

Marry, then, sweet wag, when thou art king, let not us that
are squires of the night’s body be called thieves of the day’s
beauty. Let us be Diana’s foresters, gentlemen of the shade,
minions of the moon,
Okay then, pretty boy. Whey you become king, don’t let those of us who work at night be blamed for wasting daylight by sleeping through it. Give us fancy names: “Servants of the Moon Goddess Diana;” “Gentlemen of Shadows;” “Lunar Laborers.”

--You: Today and Tomorrow by Martin R. Katz, Cooperative Test Division, Educational Test Service (ETS)

if you had looked in the mirror when you were five, could you have guessed what kind of reflection you would see 8 to 10 years later?

have you ever wished you could “tune in” that picture of your future self a little more clearly? on a tv screen you can see clearly a person who may be much more than 5 or 10 miles away. How would you like to have a magic mirror that would show you yourself 5 to 10 years away?—not just how you look, but what you’re doing and thinking.

Life insurance companies make predictions about the life expectancy of people at different ages (Can you find out what your life expectancy is now?)

By what “magic” can we predict the future?/The magic is in the way we can study the present/It is not just a question of getting facts about the present. it is a question of knowing which facts to get, how and where to look for them, and how to put the together and understand them once we have them.
There is magic enough in an ordinary mirror if we know how to use it.

Each of you will soon have to make some important decisions They may have a great deal to do with the kind of work you will be doing 5, 10, 20 years from now, with the way you live, the people you meet and know, the person you marry, the many things that make one life different from another. Do you wnt to make such important decisions by blind guess?

“Jon and Mary weren’t real people to you. They were just names used in arithmetic problems

Andy is in the 8th grade. he has no idea at all about what he wants to do next year.

betty is in the 9th grade. She says she would like to be a secretary or a nurse.

For all of them it will be helpful to know how to use the “magic mirror,” how to know and understand yourself

But each pupil can use these facts to make a prediction about his chances for success

it may surprise you to learn that Andy’s (or Betty’s) chances for success wil usually depend on this general ability than on any special abilities. For the more general scholastic ability you have, the easier most of your school work is for you and the higher your marks are likely to be

p16 this is a good time to try yourself out against high standards. Jump for the moon; you may not make it, but at leas the effort will get you over the back fence

Many pupils do not expect to go to college when they are in the 8th ir 9th grade but change their minds later

Can you measure scholastic ability?: This is where you can use your 'magic mirror.' Take a good look at the facts about your scholastic ability now and you will get a pretty clear reflection of your ability to do well...
But be careful. Make sure you see you ability as it really is. There are different kinds and qualities of mirrors, you know. Not all of them are equally accurate. Have you ever seen “distorting” mirrors, perhaps at a carnival or amusement park? Some make you look all squashed together, twice as wide as you are high, Others show you a reflection that’s all stretched out, much taller and thinner than you really are.
These are not “magic” mirrors—these are just false mirrors. Before you judge what you see in the mirror, you must ask yourself: How accurate is my mirror? How much can I trust it?
In trying to judge your scholastic ability, you must know how true a mirror you are using.

Check how you would rate yourself on general scholastic ability; High Above average Below average Low
Qas tgus self-rating a true reflection of yourself? did you use a true mirror?
As you know, sometimes you see yourself in one way while others may see you differently

Suppose you wanted to rate yourself in height—as “tall” above average” below average” and “short”. You would not have to depend on opinions at all. You could simply measure the height of every pupil in the class. then you could arrange the names of ll the pupils in order, from tallest to shortest. Next you could divide this list into four equal parts. Pupil in the first 25 per cent (that is, the top quarter) could be called “tall” for that class. Those in the second 25 per cent or quarter could be called above average….You could rate yourself, compared with your classmates, according to which qtr your name was in

Suppose you try a 1-foot rule. Suppose then you try a yardstick. Next suppose you try a steel tape or rod marked in sixteenths of an inch. How small a difference in height can you depend on measuring accurately with each different measuring instrument?

Can you say the person in your class who throws a baseball the farthest is the strongest? Can you assume that he will also be able to throw a football, a javelin, or a discus the farthest? Will eh also be able to lift the most weight? run the fastest? Jump the highest? Jump the farthest? Kick a football the greatest distance?

So the one who can throw the baseball farthest may not be the strongest football thrower. Bt he won’t be the weakest either

p20 The percentage of people shorter than you is your ‘percentile rank’ in height

There are many tests of this sort. You have probably already taken one or more of them and will take others

As you take tests during the next few years, remember that any one test score is like just one measurement of the baseball throw

being an excellent dribbler and passer would give you a very good chance of making your school basketball team
--your chances may not be so good unless you make up for lower verbal ability in other way or (and this happens once in a while) improve your verbal ability in a hurry

here again, “strong” and “weak” scores, “high” and “low” marks can tell you your chances of success and risks of failure. They cannot tell you what to do. It is your decision. But it helps to know the odds, doesn’t it?

The number on the upper line, in the first space, tells you in what quarter of your class you stand on the verbal ability test. So you can see how big a frog you are in your own puddle. How do you rank among frogs from a lot fo puddles and ponds?

Does he “come through in the clutch” or does he “choke up”?

You may be like the basketball player who has the “eye,” the speed, and the skills, but doesn’t have the “drive” or will to win, or interest to play as well as he should in a game

If your marks put you in a higher quarter of your class than your test scores…You are like the short basketball player who take rebounds from a much taller man, the player who has the interest to keep practicing and has the hustle and spirit to win games ag teams that look better

Peggy Thomas is a girl who reads a lot and likes school

Your teacher may be able to tell you more exact odds for yourself according to your marks in your own school and the particular tests you have taken

What estimate would you make of Ron’s chances for success in such a curse? How should he explain the odds to his father.

How can you catalog your special abilities?

Some of you may go to a school where you take aptitude tests that give you not just a verbal and quant score but also scores on certain abilities labeled “mechanical” “clerical,” “space relations” and so forth. If you have a guidance counselor, he can help you

throughout high school you will want to keep exploring your abilities, to keep trying things out, to keep trying yourself out in diff activities
As you grow older you will of course increase your skills and knowledge. But your ability to learn won’t—usually—change very much. On a 11th grade test of v and quant you are likely to be in the same quarter as you were on a 7th grade test

You may discover and develop new abilities and improve old ones. But at least you don’t have to worry about waking up some morning and finding you abilities gone

Your scholastic ability is like the engine. it is the source of your power and speed in school: it tells you how fast and how far you can go.

p33 your values

In other words we must ask, “what do we stand to gain from one outcome? What do we stand to lose from another? How important to use are these possible gains or losses?”

A trackman who has jumped 21 feet in 8 out of 10 tries would be foolish to try to jump across a 20-foot chasm just to pick a few blueberries on the other side. Bt what if he were being chased by an angry grizzly bear?

You will want to consider how serious it would be to fail and how important it would be to succeed.

You have probably noticed by now that when you want one thing you often have to give up something else to get it. You can’t “eat you cake and have it too” you can’t go tot the picnic and the movie at the same time

So ask yourself, “when am I willing to worked hard at something?” Isn’t it either (a) when you are very much interested in the activity itself or (b) when doing that work is the only way you can accomplish something that you want very much? The first reason we can call “interest”. the second reason ahs to do with “values”
Now if value means what something is worth to a person, we can measure its value to him by what he is willing to do, or pay, or give up for it. Let’s examine the values in some everyday decisions made by teen-agers.

What you wanted (and why you wanted it) is a clue to one of your values. Its strength can be measured by the amount of work you did or by what you gave up for it. You can measure the strength of your edu and occup goals in the same way

Joan has saved enough money baby-sitting to buy a new dress for the dance. She wants something “glamorous.” Her mother wants her to get something “sweet and simple.”
Which would be a stronger value for you—pleasing yourself or pleasing your mother?

How much value do you place on honesty? On helping others to help themselves? On helping others directly? On popularity?

What are some typical values of girls your age? Isn’t one of them to look older? One of the nicest compliments an older boy can pay many girls your age is to say that they look over 18.
Another typical value for girls is to be popular with boys. Was this an important value for the girls in your class a few years ago?

Do you generally prefer to “play it safe” or “take a chance”? Check one.

Even the best chosen play will fail if the runner slips and falls. As coaches say, “That’s the way the ball bounces.”

Institutional Critique
From Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/Institutional_Critique

Institutional Critique is an art term that describes the systematic inquiry into the workings of art institutions, for instance galleries and museums, and is most associated with the work of artists such as Michael Asher, Marcel Broodthaers, Daniel Buren, Andrea Fraser, Fred Wilson and Hans Haacke.

In more technical terms, Institutional Critique is an artistic term meant as a commentary of the various institutions and assumed normalities of art and/or a radical disarticulation of the institution of art (radical is linguistically understood in its relation to radix which means to get to the root of something). For instance, assumptions about the supposed aesthetic autonomy or neutrality of painting and sculpture are often explored as a subject in the field of art, and are then historically and socially mapped out (i.e., ethnographically and or archaeologically) as discursive formations, then (re)framed within the context of the museum itself. As such, it seeks to make visible the historically and socially constructed boundaries between inside and outside, public and private. Institutional critique is often critical of how of the distinctions of taste are not separate from aesthetic judgement, and that taste is an institutionally cultivated sensibility.

Origin
Institutional critique is a practice that emerged out of the developments of Minimalism and its concerns with the phenomenology of the viewer, as well as formalist art criticism and art history (i.e., Clement Greenberg and Michael Fried), conceptual art and its concerns with language, processes, and administrative society, and appropriation art and its concerns with consumption and identity. Institutional critique is often site-specific, and perhaps could be linked to the advent of the "earthwork" by minimalist artists such as Robert Smithson and Walter De Maria. Institutional critique is also often associated with the developments of structuralist and post-structuralist philosophy, critical theory and literary theory.

Artists
Artists associated with institutional critique include Marcel Broodthaers, Daniel Buren, Hans Haacke, Mark Lombardi, Michael Asher, and Mierle Laderman Ukeles, since the 60's, Antonio Muntadas, Fred Wilson, Renée Green, Andrea Fraser among others since the late 80's or more recently Matthieu Laurette, Graham Harwood, Carey Young, all of whom have typically taken a critical eye to the modern art museum and its role as a public and private institution. The Artout project critically investigated the relationship between artists and collectors.www.artout.org

Haake's exhibition at the Wallraf-Richartz Museum in Cologne was cancelled due to the inclusion by Haacke of the work "Manet '74" that connected the funding of the museum to the cultural politics of the Cold War. In 1993 Haacke shared, with Nam June Paik, the Golden Lion for the German Pavilion at the Venice Biennale. Haacke's installation "Germania" made explicit reference to the Biennale's roots in the politics of fascist Italy.

Criticisms
One of the criticisms of institutional critique is its complexity. As many have noted, it is a practice that often only advanced artists, theorists, historians, and critics can participate in. Due to its highly sophisticated understanding of modern art and society, as part of a privileged discourse like that of any other specialized form of knowledge, it can often leave layman viewers alienated and/or marginalized.

Another criticism is that it can be a misnomer, since it could be argued that institutional critique artists often work within the context of the very same institutions. Most institutional critique art, for instance, is displayed in museums and galleries, despite its critical stance towards them.

Institutional Critique and the internet
Net.art has been a heavy contributor to institutional critique. net.art interventions tackled the praxis of art business and digital culture institutions, from the perspective of curation. net.artists have actively participated in the debate over the definition of net.art within the context of the art market. net.art promoted the modernist idea of the work of art as a process, as opposed to a conception of art as object making. But the question of how this process should be presented and accessible within the art world, either sold in the art market, or shown in the institutional art environment, is problematic for digital works made for the web. The web, as marketable as it is, cannot be restricted to the ideological dimensions of the legitimate field of art, the institution of legitimation for art value, that is both ideological and economical. All for Sale by Aliona is an early net.art experiment whereby she claimed that because of the crashed art market and the end of social patronage, rather than work the traditional low-paid jobs out of work artists usually seek, she would sell her body in an artistic act of prostitution.[1]

References
• Aliona. "All For Sale" (in English). Retrieved 2007-09-03.

Further reading
• Meyer, James (1993), What Happened to the Institutional Critique? New York: American Fine Arts, Co. and Paula Cooper Gallery. Reprinted in Peter Weibel, ed., Kontext Kunst (Cologne: Dumont, 1993), 239-256.
• Buchloh, Benjamin (1999), Conceptual Art 1962–1969: From the Aesthetics of Administration to the Critique of Institutions," October 55: 105–143.
• Fraser, Andrea (September 2005), "From the Critique of Institutions to an Institution of Critique," Artforum 44, no. 1: 278–283.
• Bryan-Wilson, Julia (2003), A Curriculum of Institutional Critique, in: Jonas Ekeberg, ed., New Institutionalism (Oslo: OCA/verksted), 89–109.
• Welchman, John C. (ed.) (2006), Institutional Critique and After (SoCCAS Symposium Vol. II), JRP|Ringier

http://thetoleranceproject.blogspot.com/2009/10/statement-to-mfa-workshop-october-13.html

Lisa Robertson said...
(a comment in 2 parts)

What's with all the anonymity here in the comment polis? Do I sense fear? I think so.
I am a Canadian living in the USA on a J1 visa, which is what scholars and students with no green cards can get to work or study for the short term in an institution. This visa can be acquired only via a sponsoring institution and is attached to a specific job or role, only for its duration. When I cross the border, my eyeballs and fingerprints are digitally scanned and stored. I am also in the USA because my partner is here. Although we are female/male, marriage isn't possible for reasons I won't get into. Like Rachel, I have no MFA; in fact I have no BA either. I presently teach as an adjunct in a writing MFA, as well as in a fine arts MFA. Last year I went through the application mill to find a secure job. I had some screening interviews at the MLA. They seemed to go well. My work is respected and widely read; I'm lucky these days. I didn't get on a short list that time round, which was of course disappointing. Later I received a private letter from one of the committee members. She explained to me that her committee had been very interested in hiring me, but that their Dean had blocked me, because I have no MFA. She said they would have gone to bat for me, but another department had failed in that respect the previous year, so now there was a precedent. No artists or poets without MFA's would be hired. The letter was a very kind gesture. Obviously its writer was disappointed in her institution.

In Canada, until very recently, most poets did not study in MFA programmes because those programmes were atypical. There were very few. Most Canadian poets do not have MFA's. We think there are many ways to become a poet, even a very good poet, and so we set about inventing ourselves and our communities.(and our arguments and enemies! We do not follow the support and nurture model of learning-- it's more the swill and swear model.) There is support for us. We are not treated as mavericks or oddballs, as poets without MFA's are treated down here. There are grants, public library lending rights fees, royalties, advances for poetry books, etc. Poets can be freelance because there is still universal medical coverage. So it's possible to make a very modest living translating, writing for the art press or editing, among the more obvious options my friends and I have explored.

In the USA poetry is professionalized. Not much swilling and swearing. Not much argument. Lots of etiquette. In Canada, we think argument, conflict, contradiction, position taking, is part of discourse. Poets take positions and fight them out. In the USA, we think support is the role of a poetry community. And yet the institutions really support those who have the credential. Everyone wants to be in an institution, within that safety. Fair enough. Since there is no public realm here, no safety net, anyone without private means must find an institution or perish.

Perhaps the sphere of the workshop is a faux-public, a placebo for the free discursive space a public realm once guaranteed. This is a kind of tragedy. Even so, in my workshops, I struggle to teach my students to argue and disagree, to take stands. It's difficult; the status quo is to like and be liked: to like the poem, the poet, this line, that approach, this feeling, that word, etc. I try to ban liking from the workshop.

November 1, 2009 1:44 PM

Lisa Robertson said...

That said, I really like what Rachel is doing. I don't think the poetry workshop is a personal growth space, a la Esalon, or whatever those 70's places were called. We have our therapists for that. I think the workshop is a political space. Rachel is revealing politics, and it makes everyone very uncomfortable, so uncomfortable that they won't sign their names to their comments. It is my sense, after 3 years in this country, that its internal politics are controlled by fear-- fear of having no job, no medical coverage, no community. (not mentioning the obvious fear of the foreign) I think Security Level Orange is very much in operation in MFA programmes and among poets. I think the border of every practice is patrolled in the way that the American national border is patrolled-- keep those strangers out, those whose papers aren't in order, those who may disturb things. Do nothing suspicious. This is called integrity. I have played the game in order to have my little visiting positions, which are the positions available to an MFA-less poet. But we all know this: nobody needs an MFA in order to write a poem. It's another mode of regularization. Because of love and politics and economics some of us step through some of the hoops. Rachel is displaying the hoops publicly instead of pretending they're natural. This is what an engaged poet does. This is a real time engagement with form. Why agree to protect the naive? Why not explore together how power works? She has guts. Maybe a little more arrogance would be in order, if this is arrogance. I'd call it discourse, simply.

Jeff Derksen said...

When Rachel first announced her project, I thought that – by using poems from a transnational community as source texts -- it was structured to test the concepts of originality and self-expression within a creative writing MFA program. And the project was also going to foreground the social context that it is as taking place within – the USA’s nonrecognition of same-sex partners and restrictive immigration policies. The project struck me, to use a phrase from Walter Benjamin as an investigation of “the projection of the historical into the intimate” and also a critique based on a reversal, of a projection of the intimate into the historical and structural (from the state to the university to an MFA program to everyday life). These aspects seem to solidly put the project within the history of conceptual art and its two strongest tendencies: institutional critique and the reconfiguration of artist as producer. So the roots of this project can be traced from Walter Benjamin, through the institutional critique phase of conceptual art up to the type of art as commodity critique that Andrea Fraser has spectacularly engaged in. Given this, it would seem like an ideal project for a research university with a radical heritage. In the statement on her blog, Rachel is pretty clear about the critical heritage of her project and points out that part of her project is to take the workshop feedback as also part of an institutional mechanism. I know of many MFA projects in visual arts that have done similar things and have not met with the same nervousness (and most forms of institutional critique have been institutionalized in the art world…).
And Lisa’s comments (which just came in as I was writing) also show what is at stake beyond the feelings in a MFA workshop (which is the space that Rachel’s project was exactly aiming to be outside of). There is a simultaneous professionalization of the university and the “creative industries” in it and the precariousness of many jobs in universities. So writers and artists are being asked to do more to get less (and being asked to be “flexible” and move from city to city and negotiate the tough J1 visa which was the class of visa clamped down on after 9/11). This set of relationships is what critical/conceptual practises are supposed to show or reveal: the dialectic of possibility and restriction, of forms and scales of “freedom” and, of course, the possibilities of art as a form of knowledge/research/expression. So rather than critique being understood as “arrogance”, I’d rather think of it as “sincerity” (in the way the Objectivists drew on sincerity).

November 1, 2009 2:47 PM

David (Michael) Wolach said...

Part 2...Going on far too long, and mainly I decided to chime in here in order to riff off of what Lisa posted. And to give anecdote to what Jeff was getting at. Before I started teaching text arts (got the job as inside gig, along with the fact that I’d simply published a couple of poetry books – another e.g. of the normative professionalization here, what makes one “qualified”), I spent about seven years as a union organizer, organizing several different job categories, among them graduate teaching/research assistants and adjunct professors. Chances are I probably organized at the institution where you are, Rachel. And there was, indeed, a pervasive anti-union sentiment among most of the MFA writing students that I organized, at several different institutions. It initially shocked me that there seemed to be such a crevasse between the arts and left social activism—I’d have predicted that disenfranchised writing instructors at corporate universities would be predominantly “pro-union,” even if many students were just out of college, etc. This, especially after the fact that a) we’d just won (were the first place to do so in the U.S.) domestic partnership healthcare benefits for same-sex couples, and b) had drafted, as addendum to bargaining, a comprehensive student/work visa protection proposal for internationals, one that would ensure that internationals would be protected from losing their job or benefits during a delay in visa processing (this was in the wake of September 11, when “administrative review” of J-1, H1B, etc., was especially high, and there was still hope of stopping some of the legislation that ended up leading to many of the invasive practices Lisa mentions). The link to that document is below for any interested.

The reasons I got for why MFA students would not support unionization were largely twofold: either the MFA student came from a management family, was “well to do” and so did not support unions and/or didn’t consider themselves “workers,” or the MFA candidate was so deeply in debt, so beholden to their advisors, so on the fringe of an institution, that “rocking the boat” was simply unthinkable. I found that this sort of alienation manifested in the mimetic/institutional reframing (or deframing) of the socio-political use value of aesthetic production. Either poetic practices are “too meaningless” to be “work” or sites of political activation/critique, or such practices are fetishized as being transcendent of work, of “politics.” Jeff’s pointing out that this project’s critique via submission, as well as its dissensus has a trajectory that goes back to Benjamin is extremely helpful. To riff on that as I sign off here. The beginning of Adorno’s Aesthetic Theory also seems crucial, here, not just as it relates to your project, Rachel, but as it relates specifically to some of these posts and other reactions within the institution: “Only by immersing its autonomy in society’s imagerie can art surmount the heteronomous market. Art is modern through mimesis of the hardened and alienated; only thereby, and not by the refusal of a mute reality, does art become eloquent.” (AT, 31)

http://www.2110uaw.org/gseu/archive/Visa%20Delay%20Policy.pdf

http://www.pw.org/content/2010_mfa_rankings_top_fifty_0

http://www.pw.org/content/top_fifty_mfa_programs_united_states_comprehensive_guide

http://thebestamericanpoetry.typepad.com/the_best_american_poetry/2009/10/this-just-in-awps-reasoned-response-to-bogus-mfa-ranking-.html?cid=6a00e54fe4158b88330120a69a353c970c#comment-6a00e54fe4158b88330120a69a353c970c

http://www.southparkstuff.com/season_6/episode_614/epi614script/

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