... J' •• -10-'
Etcetera 8
Sports 10
Editorials 12
Political report_ 13
Classified Ads 7
Vol. 68, No. 21 Louisville, Kentucky February 23, 1996 14 Pages An Independent Student Newspaper Free .
Infringement of copyright
case is settled out of court
•Professor's lawsuit
against surgery chair
is settled out of court;
outcome secret
By Becky Staack
Staff Writer
Dr. John Spratt, a surgery professor at U of L,
has settled a federal lawsuit with Dr. Hiram Polk,
chairofthe surgery department, who was charged
with copy right infringement.
The questioned text is Polk's Comprehensive
Diagnosis and Treatment of Malignant Mela­noma,
which Polk published
textbooks, rune. major books and eig4t mono­graphs.
According to court records, Polk said he
has used the copyrighted text in other articles
besides the one which Spratt. alleges was used in
the Comprehensive Diagnosis and T;eatment of
Malignant Melanama. In addition to articles
. published in 1969, 1971, and 1981 Polk said he
has 'made many other references to Dr. Spratt's
book in the course of many lectures and visits to
many other institutions in the last 20 years," the
records said.
Spratt's attorneys, of the Louisville firm Roach
and Wheat, are requesting destruction of the
infringing copies, plates, and any other items
used in the manufacture of the monograph.
Spratt's attorneys are also seeking damages in­curred
"as a result of defendants'(Pol~'s) in­fringements
... " according to the court deposition
records. In addition,
in May of 1992. Court Spratt is seeking
records indicate that Polk
bad used sections of Spratt's
Anatomy andSurgical Tech­nique
of Groin Dissection
prior to receiving Spratt's
permission.
According to court
records, Spratt said in' his
plaintive's statement that
Polk requested permission
to use his book in a letter
dated May 8, 1992. "There­after,
by a letter dated May
28, 1992," the record states
"Dr. Polk advised plaintiff
(Spratt) that the Polk book­let
had already been drafted
on May 6, 1992,a date prior
to the date in which Dr.Polk
"The settlement agree­ment
is still circulating,
getting the necessary
signatures; it should ·
reach him. (the judge)
within a few days. He
(the judge) needs to sign
the document, then the
profits, money from
interest earned on
profits, the costs of
action (court costs),
and any "further re­lief
to which plain­tiffs
(Spratt and St.
Louis physician Dr.
William ·Shieber)
may appear en­titled,"
the deposi ­tion
said.
Jack A. Wheat,
one of Spratt's at­torneys,
said the
matter has been
settled in Federal
court. "The law suit
was filed and settled,
requested permission to uti­the
settlement of the .
case will be dismissed."
-Dr. John Spratt's
lawyer, Jack A. Wheat
lize excerpts of the text." case is confidential
"Said booklet contains at the request of all
sections directly p'ara- . parties,"Wheatsaid. ·
phras_ed fro~ ·the c~pyrigh~ed text as well as Altho~~ t~e ca~:,has been settled, the ~ase h~;>
. drawmgs denved of Illustrations from tne copy- ..... n~t ~en I~.~~s~d . The se~emen!,!?re~ment ~s
righted text." Spratt's account also states, ·"an till cnculatm~, gettmg the nec~ss.ary signatures; It
average lay observer would recognize that said shou!d reach him (the J~dge) Withm a few days. He
paraphrased illustrations were appropriated from (the JU~ge) n~eds. to SI~n the doc~ment, then the
the copyrighted ·text." case Will be dismissed, Wheat said. ·.
Polk returned a Cardinal reporter's phone call Both Sp~att a~d \?lk have agreed to keep the
to say he was bound by a confidentiality agree- mat~er confidential. I .am under co,~rt order ~ot
ment between himself and Spratt to decline to to discuss the matter With anybody~ Sp~att ~aid.
comment on the case. The agreement was sought Spratt, who has been With the Um.versrty smce
bybothSprattandPolk, accordingtoalawyerfor 1976'. has"not had a~y probl~~s sm~e the case
Spratt. Polk also said the case was settled on was filed. !"f-Y ':0r~!ng condit~ons With Dr. Polk
terms agreeable to both parties. have be.e~ JUSt ~me, Sp:att Said. .
Polk is the author of more than 300 scientific Adduwnal znformatwn compLied by Scott
Mcintosh and Dug Begley.
Staff Photo by Tony Matkey
U of LAthletic Director Bill Olsen answer,ed media questions Feb. 16 at a press confrence officially submitting the university's
re'port to the NCAA. Head basketball coach Denny Crun looked on as Olsen asked that Samaki Walker' eligibility be reinstated.
I ' . U of L plays waiting game with NCAA
By Lane Gold
Staff Writer
After months of investigation, the University
of Louisville and sophomore basketball player
Samaki Walker now play the waiting game as U
of L completed its jnternal investigation of its
basketball program.
The report said U ofL is guilty of one second­ary
violation, stemming from Walker's failure to
pay for his own car insurance. Walker had been
at the heart of the investigation since questions
arose concerning how he att'ained his 1991 Honda
Accord.
In the report, submitted to the-NCAA on Feb.
16, U of L asked the NCAA to immediately
restore Walker's eligibility. (To safeguard itself,
U of L officially declared Walker ineligible the
day the report was submitted.)
Despite all the hours invested in the inquiry
and a 30-page report and 73 pages of exhibits
submitted to the NCAA, U of Lis still unclear
on howWaiker a·nd'lfis father, Job~, acquire(hfie
car.
One thing that was proven was that Walker
did not pay for his automobile insurance from
Aug. 5 to Dec. 7, 1995. The nonpayment is a
violation of NCAA Bylaw 16.12.~.1 (extra ben­efit-
general rule).
NCAA Director of Eligibility Carrie Doyle
said there is no specific timetable when the
'decision will be rendered.
"I don't know when we will make our deci­.
sion concerning the eligibility of the student-athlete,"
Doyle said. "We are still in the process . part of it is all behind us and at this poim we can
ofreviewing the report and we also need to talk move on." ·
to the student-athlete again. Hopefully, we can Walker, however, was cleared by U ofL for
make our ruling in a week or two." specific wrongdoing in the acquisition of the
Ray Nystrand, dean of the School of Educa- vehicle. As for the insurance, the amount that
tion and head of the internal investigation, said Walker was found to pave not paid was $146.10.
he is .unclear wh~n the NCAA will make its In restitution, the Uuiver~ity recommended
decision. Walker pay the amount to a designated charity.
"As for how long the ruling is going to take; -Still, questions remain about how. he Despite
that is up to the NCAA," Nystrand said. "I point all the hours' invested in the inquiry and a 30-page
out that this .is a good deal more complex than report and 73 pages of exhibits s ubmifted to the
what we sent to them (in November). I think with NCAA, U ofL is still unclear on ho"Y Walker and
all the exhibits, this package amounts to over 100 his fatper, John, acquired the car.
pages, it is going to take a while to read it. One thing that was proven was that Wa.Jker
Walker said he has learned from the ordeal. did not pay for his automobile insurance from
"I still feel I was a victim of circumstance," Aug. 5 to Dec. 7, 1995. The nonpayment is a
Walker said. "It also makes me ask a lot of violation of NCAA Bylaw 16.12.2.1 (extra ben­questions
and make me a little more mature and efit-general rule). Despite all the hours invested
wiser. This is probably not the last time some- in the inquiry and a 30-page report and 73 pages
thing like this wiil happen in my career. This is a of exhibits s u bmitted to the NCAA, U of LIs
learning process for me . .I am not glad it hap- stilJ unclear on how Walkeqnd his farber, John,
pened but in a sense I am glad it happened early acquired the car. ' '
so now it 0m .lfelp nie direct tbe rest Of my life ... . ti-! One thing that was p'rov~n was thaf'Walker
and handle certain situations like this." did not pay for his automobile insurance from
Louisville men's ·basketball coach Denny Aug. 5 to Dec. 7, 1995. The nonpayment is a
Crum said the basketball program has done a violation of NCAA Bylaw 16.12.2.1 (extra ben­good
job shutti.ng out all of the negative publicity efit-general rule) ..
that has stemmed from the investigation. _ Doyle said all ofthegames Walker has sat out
"When you grow up in athletics, you learn to (nine at press time), are credited and taken into
compete and learn to. handle adversity," Crum account in the decision. Doyle would not say
said. "I think both our team and our staff has done whether or not the acquisition of the automobile
a tremendous job in dealing with all the innuen- was the reason for the needed interview with
dos and stuff that is out there that has no basis of
fact. Fro,u my perspective, I am happy that that I
See SAMAK~, Page 4
By Michael A. Lindenberger
Staff Writer
help ei­t
h e r
party.
MANCHESTER, N.H.-Say what
you will about the New Hampshire pri­maries,
but one thing hard to find in this
snow-covered state is political apathy.
To judge by the political posters, cam­paign
flyers, and sign-toting supporters
one can hardly avoid while driving down
any street, democracy is alive and well
in the Granite State.
And ·thrown into the mix at many
levels were young people playing small
roles in big movements which might end
up deciding who will lead the nation
after next January.
Sta~ Photo by Tony Matkey
Sophomore psychology major Leslee Martin asked Rep. Mike Ward about gun control and the Brady Bill.
From high schoolers at a Dole rally in
Exeter, N.H., to youngBuchamln sup­porters
shouting down sign-wielding
Jews who were screaming that the con-
. servative commentator is an anti-Semite,
young people - mostly snidents -
made their voices heard amid the
cacaphony of bte media blitz and the
campaigns.
"The
youth
v o t e
splits the
sa m e
way ev­ery
one
e I s e
does ,"
Ander­son
said.
"Young
vot ers
swung
heavily
f o r
Reagan,
for ex­ample
.
"It's a
volat'ile
gro up
and there
are a lot
of them.
Som e
wou I d
Rep. Ward h·osts open forum .on ca~npus
By J, Grant DeLaney
Staff Writer
Heightening students' political
awareness was the primary objective of
U.S. Congressman Mike Ward's (D-
3rd district) open forum at U of L on
Friday, Feb.16 in the AtriumoftheSAC.
"The forum intended to galvanize
more political involvement; to get stu­dents
thinking about the political pro­cess
and how it affects them." Douglass
Stringer, Ward's staff assistant, said.
Ward characterized the forum as
"'one of the best he's ever attended,"'
Stringer said.
Stringer emphasized Ward's interest
in reaching all students at his forum,
regardless o~·political party affiliations.
"His specific message to the Univer­sity
of Louisville was, this is going on in
Washington, and it's good for you to
know these things," Stringer said. "We
want them to know, for their own aware­ness,
the policies and programs that are
going on."
Mary Ellen Wiederwohl, a Senior
political science major and former presi­dent
of the College Democrats, described
the event as "a chance for Ward to tell
students what he had done for higher
education."
Wiederwohl said that Ward has been
fighting for students' interests by at­tempting
to salvage the student loan
programs, which serve a large percent­age
of college students.
"He (Ward) has done a lot for stu­dents,"
she said.
"He's really concerned aboutthe stu­dents,"
Shannon Side), a Junior political
science major and a congressional in­tern
for Ward, said.
"He's trying to fight cuts on financial
aid, to make them less drastic," Sidel
said.
In addition to informing students
about the efforts of the government to
reduce funding for higher education as a
means of reducing the budget deficit,
Wiederwohl said that Ward had a posi­tive
message for students.
J r
"When a student asked Ward, 'why
don't you guys quit arguing and fix
what's w;ong with America?'" she said
that Ward told him, 'America's not do­ing
all that bad."'
Ward expressed that we have a lot to
be proud of, that there are many things
right with America, Wiederwohl said.
Ward also dealt with many other top­ics
that interested students.
Leslee Martin, a Sophomore psychol­ogy
major, concerned over local propos­als
to legalize concealed weapons, asked
Ward about the condition of the Brady
Bill, a federal law which requires a wait­ing
period for the purchase of a gun.
"He said that the Brady Bill itself is
going to be okay, but that if anything
happens as far as gun control in Wash­ington
is concerned, the ban on assault
weapons might be attacked," Martin said.
One disappointment of the event was
its attendance; the forum had a tum out
of approximately fifty to seventy-five
See WARD, page 4
The mayhem- and the excitement
-could be felt all the way out in Rindge,
N. H., a small town home of privaJe
Franklin Pearce College, where MTV's
traveling bus tour called Choose or Lose
touched down to register voters.
"I am glad to see this happening,"
said Franklin Pierce finance major Mark
Paquette, from Massachuettes. " Espe­cially
since New Hamphire's state gov-
. ernmcnt is basically run by a bunch ·of
retirees - since the legislators don't get
paid -who don't care about student
i.nterests. Specifically, the only people
they care about
argu e
that who­ever
gets
them will
win the
election.
They are
i n
nobody's
Staff Photo by Mike Lindenberger
Students rallied in New Hampshire to gain support for
various causes such as a balanced budget and gun laws.
camp right now."
In a little
are middle class over a month
home owners."
M Tv Is
Dave Ander­son,
bus tour
manager for
Choose or
Lose, said a
heavy turnout
See fu II coverage from the
New Hampshire primary and
what effect they will have on
higher education Page 13.
of stops, the
bus tour,
which fea ­tures
a Rock
the Vote voter
registration
drive, has al -
by young voters will swing this election,
adding that many credit young voters
will helping Clinton's win in 1992.
Still, be said such a turn out could
ready regis­tered
2,000 new voters and elicited hun­dreds
of signed pledges to vote.
Jn addition to Anderson, who
switched from Clinton's White House
media affairs office to manage the bus ·
tour, and two techinical· aids, trhe bus
tour is staffed by 25-year-old Jaime
Ernest0 ~zda, from Houston.
Uzcta 's chief job is to organize bud­ding
politcal activists of all stripes at
each stop. He said he' ll work with stu­dent'>
wanting to organize a presence for
the religious right or College Republi­cans
or more liberal students. The aim of
the tour, he and Anderson said, is politi­cal
but not partisa n.
"The Choose or Lose bus will make
See GOP, page 13