all
ornet
April, 1983
Student Publication of the School of Law, Texas Tech University
Vol. 2, N-o. 3
LaW" RevieW"
to hear J. Pope
CC competes
In
Client counseling team
members took one of six top
spots in national competition
March
26
in
New
Orleans.
The team won its
first
round,
but
was
eliminated in the second
round of the three-round
competition.
Susan Rankin, Carey Walker
and Gary Laden (alternate)
were accompanied by their
coach,
Professor
Charles
Bubany, at the ABA-sponsored event .
The Tech team won the
privilege of competing in
NeW" Orleans
New Orleans by taking first
place in regionalcompetition March 5 . Tech hosted
the
event
which
drew
entrants from eight other
law schools .
Representatives
for
the Tech team were chosen
in January from among 25
competitors. The field was
narrowed to six, including
Rankin,
Walker,
Laden ,
Anita Adams , Kevin Crawford
and Janna Ward.
Adams was
originally selected alternative but withdrew because
of illness.
Texas
Supreme
Court
Chief Justice Jack Pope
will be guest speaker at
the Law Review banquet.
The event is scheduled for
April 16 at 6 :45 p.m. at
the new Holiday Inn.
U.T. Professor Russell
J . Weintraub will be on
hand to accept the Review's
award
for
best
lead
article , "The Fifth Circuit
Wrestles with the Texas
Long-Arm. "
According
to
Law
Review member Paige Harr,
in addition to law review
members and their guests,
invited to the banquet are
law review alumni, local
judges and Amarillo Court
of Appeals judges.
Law Review awards will
be
handed
out
at
the
banquet instead of at the
all-school
honors
and
awards
ceremony,
as has
been customary in the past.
BroW"n, Elliott, Lubin, Kimmitt lead first years
While most first year
students have been trying
to cope with the demands of
law school, there are four
students
who
have
been
dealing with an additional
demand--representing
the
first year class.
Early
last
semester
the
first
year
class
elected
four
of
their
fellow students as their
leaders.
They are Tony
Brown ,
president;
Nancy
Elliott ,
vice
president;
Dave Lubin , class representative; and Jerry Kimmitt,
curriculum committee representative.
Brown came from the
University
of
Illinois
where he obtained a bachelor's degree in political
science and history.
As
president, he sits on the
Board of Governors which
makes - all the decisions
concerning the Student Bar
Association (SBA). Presently, he's on the committee
coordinating
the
annual
goat roast in April.
The second person in
succession, Elliott, came
See First Years, p. 7
2
LowReview
Boors stage attack on Low headquarters
Smarting from charges
that it "fixed" the fall
Mockery Trial to insure
victory
for
its
team
(Docket Call, Dec., 1982),
the Board of Boors staged a
daring daylight raid on the
headquarters
of
its
accuser, the Low Review, in
a
bumbling
attempt
to
frighten that group into
submission.
According to relia.ble
informants,
the
Boors
became incensed by the Low
Review charge and a later
statement by the Low Guru,
Mr.
X, who labeled the
Boors
"wussies
in
illfitting suits."
To even
the score, the Board of
Boors,
clanking
and
rattling
in full combat
gear, (which included baggy
camouflaged
fatigues
and
blackened faces) surrounded
the
Low
Review
headquarters,
an
abandoned
onion warehouse behind the
the Taco Villa on North
University.
While
some
of
the
Boors'
commandoes
threw
gravel on the metal roof of
the Low headquarters and
others dragged heavy sticks
along
the
picket
fence
encircling the building,
wave after wave of the main
Boor attack force thudded
against the thin door of
the
headquarters
in
a
futile effort to break it
down.
Finally, in desperation, the commando leader,
second-year student Melvin
Slimp,
brandished
his
Mattel M-16, knocked on the
door, lowered his voice,
and asked to be let in.
When
the
door
was
opened, the Boors, shrieking "Off the Lows" in an
eerie,
high
falsetto,
stormed
inside
and,
in
front
of
yawning
Low
members, raced through the
building
flipping
desk
calendars
to
the
wrong
date, pulling book markers
from
books,
stretching
Saran Wrap across toilet
seats and squirting shaving
cream
into
telephone
receivers. At last, with a
whoop, the Boors sprinted
from the building r brazenly
flipping the red mailbox
flag up and leaving the Low
Review to collect all the
helmets,
canteens,
toy
walkie-talkies,
rubber
grenades, sex manuals and
wax lips that the Boors
left behind.
Only minutes after the
raid, Slimp summoned the
Docket Call,
claiming a
stunning Boors victory in
the attack.
"We h i t ' em
where they live,"
Slimp
boasted, choking on a cigar
and propping his oversized
combat boots on his desk.
"The Low Review has
been neutralized.
They're
finished!"
Behind him, in
the Board of Boors offices
at the law school, the rest
of the commando team could
only bleakly mutter its
agreement,
concerned
as
they were with the missing
gear, which was rented, and
their inability to scrub
off the camouflage
face
paint.
When the Docket Call
reporter
finally
reached
the Low headquarters, he
found
the
members
idly
sitting by polishing toe
mirrors and trading photographs of young children.
"Oh, that," said one
member, referring to the
raid. "Well, we thought it
might be fun, you know, a
diversion, considering all
the snow and dull classes,
but it w.p.s, well, boring.
We were disappointed."
Although
law
school
officials have not publicly
issued .ny statement about
the
~oors'
action,
the
Docket· Call has
learned
that ttie"' administration is
secretl~' .::rr,leased with the
raid.
'A ':prominent school
official who asked not to
be
identified
said,
"Legally,
we
can't
do
anything_out this damned
Low R.v iew .
They have a
valid charter and they tow
the line--but we want them
out! And if it takes gutsy
action
like
the
Boors'
raid, well
let it
be."
Although unconfirmed,
there are reports that the
administration
has
been
covertly
funneling
toy
weapons and funds into the
Board of Boors, and has
even loaned two military
"advisers" to the group.
No one in the front office
will cOl!ltn~nt.
Mr. X , the Low Guru,
claims that no retaliatory
strike is planned against
the Boors.
"However," he
said, "we're thinking about
stealing
their
elevator
shoes and Charles Atlas
magazines.
We
quickly
vetoed the idea of stealing
their women."
"They're
morons!"
Slimp concluded about the
Low Review,
accidentally
flicking his cigar ash into
his
cup
of
Oval tine.
"Besid«~,"
they're
outnumbered.
There's a lot
more of us than them.
In
fact, there are more Boors
in this school than you can
imagine. J'
3
Rita Papajohn, Kent Birdsong, Suzanne Formby
SBA officers discuss plans
The
1982-83
Student
Bar Association is happier,
healthier,
and
heartier
than at any recent time.
Such is the consensus of
current
SBA
officers:
President Kent Birdsong,
First Vice President Suzanne
Formby
and
Second
Vice-President Rita Papajohn.
According
to
Birdsong the officers this
year
are
co-operative,
involved,
and
concerned
about making the SBA as
responsive as possible to
student needs.
In
case
anyone
is
unaware of what the SBA
provides,
most
of
its
services
are
available
through the SBA Bookstore.
Monday through Friday from
8:30 a.m. to 1:30 p.m., law
students may buy or sell
books and purchase school
supplies and sundries. SBA
members may cash checks for
up
to
$10.
The
SBA
officers
and
Board
of
Governors
also
meet
at
least
once
every
three
weeks.
Any student complaint may be gi ven to an
SBA officer, who will bring
the matter up for discussion at the next meeting.
Kent Birdsong, president, described the goals
of the SBA for this year.
The SBA office will be open
twenty hours per week and
will have cash constantly
on hand. The SBA will have
meetings
on
a
regular
basis, remaining available
and
responsive
to
the
student body. It will have
some
kind
of
social
activity at least three
times
per
semester,
including
one
major
function like the Halloween
Party and the Goat Roast.
A final goal is to have the
April 9 Goat Roast catered.
Birdsong
gave
rave
reviews
of
his
fellow
officers Formby and Papajohn. He stated that this
term of officers is exceptional
due
to
greater
co-operation
among
the
executives and better SBA
meeting attendance.
"This
year we have a positive
attitude.
Everything
is
going great!"
Birdsong was born in
Cortez, Colorado, and grew
up
in
a
family
that
traveled
around
the
country. He graduated from
Baylor with a degree in
economics and English.
He
decided to run for the SBA
presidency
because
the
opportunity presented itself and seemed to involve
enjoyable activities.
The
duties
Birdsong
fulfills are numerous.
He
estimates he averages 20-30
hours per week performing
such SBA tasks as participating in interviews with
prospective
professors,
meeting regularly with the
dean and performing general
public relations duties as
a law student representative.
He
serves
as
a
channel to the dean for
student comment and finding
ideas.
Suzanne Formby is SBA
First Vice President. Born
in Heidelburg, Germany, she
grew up in Longview. Formby
majored in psychology and
social
welfare
at
U.T.
Austin,
and
also
did
volunteer work with adolescent girls at the Austin
State Hospital.
The first vice president's main obligation is
management
of
the
SBA
bookstore.
Formby is in
charge of book and supply
sales.
She keeps money
available
for
cashing
student checks and making
change, as well as filling
other needs as they arise.
Formby
agreed
with
Birdsong that the SBA wants
to represent the students
as effectively as possible
to the administration and
faculty.
She said the SBA
officers welcome
student
comments to which they will
reply or pass on to the
appropriate person. Recently student requests have
resulted in the creation of
a committee to look into
smoking in the library.
Beyond a strong desire
to
graduate,
Formby's
future plans are tentative.
She would like to work in
corporate or health law.
This summer she will clerk
for two Austin firms.
Second Vice President
Rita Papajohn was elected
to
her
office
by
the
See SBA, p. 5
4
Litigation programs:
OYEZ, OYEZ, OYEZ.
The Tech Law
School Appeals Board is now in session.
The appeal on the future of clinical
programs will be heard.
MAY IT PLEASE THE COURT, the appellant, representing clinical litigation,
comes before the board to appeal
the
rescission of clinical litigation as an
experience available to the law students.
The appellant contends Trial Advocacy
does not adequately take the place of the
clinical program bt:;;'Cause
it is
too
controlled and does not provide students
wi th a realistic feel for what exists
beyond
law
school
graduation.
The
appellant does not seek ending the trial
advocacy program but asserts the course
be used in conjunction with the clinical
program.
Clinical experience gives the
student the opportunity to integrate his
academic experience with the real world
under the
supervision of a
facul ty
member. When an attorney begins practice,
the opportunity to consult others on
practical methods is not always available.
Clinics provide students accessibili ty to professors to discuss options
and procedures in best representing the
client's case. Practicing before a court
presents a pressure not found in simulations because the student knows the
quality of his actions will have a
substantial impact on his client.
It
gives the student the self-confidence of
knowing
and
experiencing
an
actual
practice before leaving the academic
environment.
When the student later
encounters his first case in practice,
the clinic will have already introduced
him to the court experience and provide
confidence to help
him perform in a
professional manner.
The appellee contends the program is
too costly as compared to other courses
taught.
The program does require more
funding. However, the combined education
of theoretical and practical produces a
well
rounded
attorney.
The program
allows the professor to relate aspects of
one area to that of the other.
This
comparison is one which is not often
obvious and can be an essential link in
transforming a law student into.
• a
lawyer!
P7.-acticaf
(.li.
'Jheo7.-£.Jicaf
1983 Tech App.Bd. 101
It is for these reasons the appellant respectfully prays that this Board
reinstate the clinical program into the
Tech Law School curriculum.
MAY IT PLEASE THE COURT, the appellee,
representing the Trial Advocacy
course, comes before the Board to seek
continuance of the current curriculum and
show the advocacy course is adequate to
the legal education of the Tech law
student.
The current curriculum involving the
theoretical nature of legal educatio~ has
existed a long time and has produced
talented legal advocates.
If the legal
system were severely suffering due to the
abrupt
transi tion
from
education
to
practice, then an adjustment might be in
order. However, no such problem seems to
exist.
Most new attorneys enter a firm
and work with more experienced attorneys
to
learn
the
trade before
actually
practicing on a solo basis.
Law firms
realize changing from an educational
environment is substantial.
Employers
work with new attorneys to bring out the
talents developed at law school.
Some
firms prefer students not to have clinical experience because certain techniques
are learned during the program which are
different from the firm's methods and the
firm must retrain the new attorney. This
can become a frustrating experience for
both the attorney and firm.
The appellee asserts cost is a
substantial factor in the existence of a
clinical program.
A well run program
costs from five to ten times the amount
of all other courses.
The expense of a
program must include adequate faculty to
allow for close case review since the
professor's name is listed as the attorney for the case. This puts his reputation in the hands of students and could
possibly cause him to be sued for their
mistake.
Such liability requires the
professor to be covered by malpractice
insurance which is no small cost itself.
Other expenses include an office in which
to interview clients and process documents, utili ties and a secretary.
The
See Litigation, opposite page
s
Law- Revieweditors chosen
Danny
Atkerson
was
recently
named
1983-84
Editor-in-Chief of the Law
Review. Paige Harr will be
Managing Editor and Ken
Adair
will
serve
as
Articles Editor.
Other editors include:
Note Editors-Randy Glover
Garry Offerman
Doug Rake
Comment Editors..-l'4artha .Harris
David Hewlett
Robert Smith
Research Editors-Karl Baumgardner
Chris Pearson
Fifth Circuit Editor-..;..
Joe Mathews
BnsinessTcpics Editor-Keith. Novick
SBA, from p. 3
proceeds from textbooks and
unusual route of wri te- in supplies.
Papaj ohn
also
candidate.
According
to works in the SBA office and
Papaj ohn,
she
mistakenly is a member of the Del ts,
missed the deadline to be both
of
which
are
put on the election ballot. characteristics common to
A search through SBA by- all the officers.
laws revealed the write-in
Papajohn is interested
option and the rest is in criminal law.
After
history.
graduation, she eventually
Papajohn was raised in would like to practice in a
Chicago and graduated from large Northern city.
high school in Burleson,
- Sharon Smith
Texas, outside Fort Worth.
Asked to give one sentence
describing her high school
experience, she said, "High
school
that's back
No Class
when I was still living!" April 4
She majored in political
science at U.T. Arlington
9
SBA Goat Roast
before
coming
to
law
school.
15 Honors and Awards
As second vice presiCeremony
dent, Papajohn is the bookThis
16 Law Review
keeper for the SBA.
Banquet
entails keeping track of
all SBA funds, membership
29 Last Day of Class
dues, cash on hand, and
Coming up
Litigation, from p. 4
that
this board affirm the
current
cost of the al ternati ve Trial Advocacy programs and not support clinical educaprogram is equivalent to other academic tion.
courses.
A comparison of the two proThis article is intended to provide
grams would lean toward the Trial Advo- a discussion on the issue.
The Docket
cacy because the cost difference out- Call
requests
your
feedback
on the
weighs the experience gained.
subj ect by indicating your position on
The law school must have priorities the form below.
Please return to the
in
its
educational
offering.
Tech edi tor or place in the box provided i;n
decided to emphasize a theoretical method the library entrance.
Selected opinions
and provide practical experience through and a total of the responses will be
a Trial Advocacy course offering.
Wi th published in the next issue.
the considerations of faculty support,
The Docket Call wishes to thank
expense, liability and pessimism from law Professor Bubany and several students for
firms, the appellee respectfully prays their insight into the clinical program.
• • • • • • • • • • • • • • • • • • • • • • • •
Tear Out and Drop in Library Box
-Gary Laden
••••••••••••••••••••••• ••
Clinical Program Feedback
Name (optional),_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Clinical program at Tech: For_____ Against______
Comments, suggestions and opinions:
6
Moot Court
brief vvins first
DeUs Terry jacobson, Steve Williams, Wes Ritchie, Stacey Loftin, Rick Mc Vay
Frat rush draws interest
A record snowfall in
early February caused some
hasty
rescheduling
of
fraternity rush activities,
but
enthusiasm
for
the
three weeks of festivity
appears
not
to
have
suffered significantly.
First
in
the
fraternity rush line-up was
Phi
Alpha
Delta
(PAD) .
President Debra Penner said
27 persons joined the group,
an increase of seven over
last year.
The PAD cocktail hour
was marked by visits from
such PAD alumni as Judge
Halbert O. Woodward, Judge
Rod Shaw,
u.S.
Attorney
General
Victoria
Esson.
Professor and Mrs.
Reed
Quilliam hosted the event.
PAD District Justice
Sam Russell was special
guest at the initiation.
Russell,
a Mt.
Pleasant
resident,
was
recently
elected
state
representative.
Some fast dialing was
required of Delta Theta Phi
officers
to
notify
the
first year class that the
Delt's Blue Hawaiian was
cancelled because of snow.
Rescheduled for the next
week, the island tradition
was revived at the Palm
Room amid strains of the
group's
unofficial
theme
song, "Shout."
Earlier in the week
the fraternity hosted its
smoker at the Pike Lodge.
Judge J. Q. Warnick was
special guest.
Fifty-seven
students
submitted
Delt
bids,
according to Paige Harr.
More than 100 joined last
year, a record unsurpassed
by any Delta Theta Phi
chapter
in
the
60-year
history of the fraternity.
Phi Delta Phi week was
capped off by a Mad Hatter
party at the Kappa Alpha
lodge. Ben Linton's group,
the Bench Boys, provided
the music.
A few lucky
party-goers in a drawing
for door prizes walked off
with prizes ranging from
glass ashtrays donated by
Varsity Bookstore to a $25
gift certificate donated by
The Elephant Restaurant.
Thirty
first
year
students and six second
years were initiated into
the
group
on
Saturday,
February
26.
Professor
Robert Weninger hosted the
reception which
followed
the ceremony.
The Tech ABA national
moot court team chosen last
semester was an "unusual
team, " according to Don
Richards, one of the team
members.
"We all submitted a
brief and we all entered
oral argument.
It paid
off. "
For the first time
in the history of the law
school Tech won first place
in
the
brief
writing
competition.
The ABA team members
included Belinda Manning,
Paul Hutson and Richards.
The coach for the team was
Lubbock attorney Don Hunt
of Carr, Evans, Fouts and
Hunt.
Several protests were
filed on briefs by a number
of
schools
during
the
NoveIrlPer regional competition in Fayetteville. However,
all protests were
thrown out by the meet
director.
"Don
Carson,
(meet
director), paid Tech a high
compliment," Richards said.
"Carson told us that even
if
every
penalty
filed
against Tech's brief had
been assessed, Tech still
would have won the brief
writing competition."
The
judges for the
competition
ranked
the
schools in the order of
excellence that each felt
the brief for that school
has attained.
The team
wi th the lowest number of
points won the competition.
Out of 15 teams entered,
Tech received 4 of 5 first
place votes.
"The problem this year
was a very complicated one
concerning habeas ~o~pu~.
I think the effort we made
to
achieve
clarity
and
simplicity in the brief won
it for us," said Richards.
__________________________________________________________________ 7
Mooters head for Houston
Houston's South Texas
College of Law is the host
school for the April Region
10
National
Appellate
Advocacy
Competition,
sponsored by the ABA. Tech
will
field
two
teams
comprised of the following
members: Gary Brown, Elata
Ely, Randy Johnson, Brenda
Norton, Don Richards and
Mark Stradley.
Team coach
is Don Hunt.
Richards and
Ely
are
former
team
members. The other members
have participated in intraschool competitions.
Team
members
hav€
already begun research or,
the problem which deals
wi th the consti tutionali ty
of a hypothetical National
Products Liability Act and
involves
the
Commerce
Clause
and
theories
of
strict tort liability.
Intensive
practice
sessions began
following
spring break.
Policy considered
The law school smoking
policy is being evaluated
by an SBA committee for
possible revamping.
Wayne
Morrison is heading the
effort and seeks student
opinion.
First Years, from p. 1
to the law school following
five
years
of
teaching
elementary
school
in
Arlington.
She
has
a
ba.chelor's degree in elementary education and a
masters degree in curriculum and instruction - all
levels.
Lubin is a graduate
of the University of Texas
at Austin with a bachelor's
degree in Radio- TV-Film.
He worked as a salesman for
a year and a half and then
decided to come to law
school.
His position entails
the same duties as every
other SBA officer, but more
specifically, Lubin recently completed an inventory
of the books in the SBA and
is working on eliminating
old, outdated books.
Kimmitt has a bachelor's degree in history and
poli tical science from the
University of Texas at El
Paso.
Prior to beginning
law school he was working
Intra-school client counseling competition winners Melinda Watts
and Carey Walker (right) are congratulated by competition judges
Prof John Murray, Attorney Maria Mercados and Prof Charles
Bubany.
on a masters degree ln
history
and
teaching
history at UT El Paso.
Regarding the curriculum committee he says, "We
figure out what classes are
going to be offered, keeping in mind the requirements. We try to recommend
to the teachers what the
students want. II
In addition to his
work
on
the
committee,
Kimmitt
is
heading
the
effort to get law school
t-shirts.
To provide some
fun for all law students,
the SBA is striving to have
a party at least once a
month, explains Kimmitt.
"We maintain the SBA,
provide
students
with
supplies, resell books and
organize parties.
We help
students.
It's a service
and we try to provide what
law students need," says
Elliott._
"Primarily, SBA
plans parties and happy
hours," she later adds.
Arcy Villegas
First year officers: Jerry Kimmitt, Nancy Elliott, Tony Brown and
Dave Lubin.
8
Tipsjrom Tripp
Team makes second advance to finals
By Tripp Walter
Ever get the feeling
that you want to throw the
ball
around
with
some
people and see how many
goals you can make? Sure,
you do.
But do you ever
get the feeling that you.' d
like to do that in a swimming pool?!?!
Well, if you haven't
guessed
by
now,
this
issue's column will focus
on a group of people who
enjoy
throwing
a
ball
around in a swimming pool,
hoping to score a goal (all
while sitting in an innertube, no less)
the law
school's co-rec water polo
team.
This team has been one
of the law school's most
successful, as they have
advanced
to
the
allUniversity
championship
finals the last two years.
On March 8, the team went
up against a strong Baptist
Student Union (BSU) team
for
the
all-University
championship.
With
a
line-up
featuring C. E. Roth on
offense,
captain
Jack
Gooding and Jon Anderson
alternating at goalkeeper
and defense, and Delilah
Roth, Jack's sister-in-law
Linda, and Debbie (Crazy
Flippers?
Crazy
Fins?)
Pistone
alternating
on
offense and defense, the
law school team had primed
for BSU by sweeping through
their
league
schedule
undefeated.
The
team's
offensive output has been
prodigious, with as many as
18 law school shots per
game
residing
in
the
opposition's goal.
The law school team
raced to a 4-0 half-time
lead in the championship
game on two goals from
C. E. Roth and one from his
wife Delilah.
(in water
polo, goals scored by women
count
two
points
each,
while goals scored by men
count 1 point each).
In
the
third
quarter,
the
teams each scored three
points, making the score
7-3
law school, heading
into the final quarter. A
goal by C. E. Roth, which
would have made the score
8-3, was disallowed by the
referee, who said that C.E.
used two hands in throwing
the ball into the goal,
thus
making
the
goal
illegal.
In the fourth quarter,
with
captain
Gooding
sitting it out on the sidelines,
BSU
mounted
a
furious comeback,
C.
E.
struck again for a goal,
but it was to be the only
goal scored by the law
school in the quarter. BSU
started to heat up now, and
with some scoring tosses
from
their
girls,
had
narrowed their deficit to
8-7.
With time running
out, BSU worked the ball
inside to their top girl
scorer who, despite good
defensive pressure, fired
the ball into the net for a
9-8 BSU lead.
The law
school team was able to get
off a desparation shot as
the
game-ending
whistle
blew.
Despite
failing
to
come away with the championship, the water polo
team deserves recognition
for
its hard work
and
accomplishments over
the
last two years.
And, to
make sure their successes
don't go unrewarded, the
entire team has made my
first annual "All-Widget"
team (a widget, for the
uninformed, is a term used
to denote either a small,
cylindrically-shaped
pool
chlorinator or the solid
cylinder of chlorine used
in the chlorinator).
The
team
members
will
also
receive
sampler-sized
canisters of HTH chlorine
(when they come in from the
factory).
Not a lot of
recogni tion for two years
of hard work, granted, but
then nobody forced you to
go get you hands and feet
all "pruny," either!
~orket (!JaIl
Editor ................................................ Debbie Norris
Reporters ..................... Steve Henry, Gary Laden, Arcy Villegas,
Carol Smith, Sharon Smith
Sports ........... ~ ..................................... Tripp Walter
Photographer .......................................... David Bridges
Typesetter .............................................. Linda Lester
The Docket Call is published by The Student Bar Association of Texas Tech University
School of Law, (806) 742-3799, Lubbock, Texas 79409. The opinions and articles published in
The Docket Call are the sole expression of the authors and are not necessarily the views held
by the newsletter staff, the law school, its students or faculty.