Occasional reflections on Life, the World, and Mathematics

Posts tagged ‘law’

“Getting a bit of extra assistance is never cheating”

If I were a philosophy student with a looming deadline for an essay on casuistry, I know I’d turn to BuyEssay for expert help. The Guardian has reported on government moves to crack down on essay mills, that sell individually crafted essays for students who need “extra help” –anything from a 2-page essay to a PhD dissertation (for just £6750!) The article reprints some of the advertising text that these websites offer to soothe tender consciences.

“Is Buying Essays Online Cheating?” it asks, in bold type. You’d think this would be an easy question, hardly something you could spin a 300-word essay out of. But they start with a counterintuitive answer: “We can assure you it is NOT cheating”. The core of the argument is this:

What is essential when you are in college or university is to focus on scoring high grades and to get ready for your career ahead. In the long run, your success will be all that matters. Trivial things like ordering an essay will seem too distant to even be considered cheating.

Given that high grades are so essential, it seems almost perverse that universities make it so difficult to obtain them. Why do they put all these essays and other hurdles in the way — “unreasonable demands from unrelenting tutors in expecting extensive research in a short time”, as the essay puts it? It’s shitty customer service, that’s what it is.

The only critique I might make is that the essay is a bit generic. I’d worry that when I submitted it for the assignment “Is Buying Essays Online Cheating”, that the marker might notice that someone else bought almost the same essay for the assignment “Is Murder Wrong?” In the long run, your success will be all that matters. Wasn’t this the plot of Woody Allen’s Crimes and Misdemeanors?

Papers, please!, ctd.

Apparently Immigration and Customs Enforcement (ICE) in the US has been conducting raids targetted enforcement in major US cities.

A DHS official confirmed that while immigration agents were targeting criminals, given the broader range defined by Trump’s executive order, they also were sweeping up noncriminals in the vicinity who were found to be lacking documentation.

For me, this raises again a question that has genuinely puzzled me for a long time: How many Americans typically carry with them documentation that would show their citizenship, or otherwise prove their right to be in the US? A birth certificate would do (unlike in the UK, where the government has been at pains to show that it won’t even recognise the right to citizenship of people of tainted foreign blood, even if they were born in the UK at a time when everyone thought the law automatically granted them citizenship), or a passport, but most people don’t carry these things around every day. Many Americans don’t have passports, and birth certificates may be hard to lay your hands on at short notice. (Besides which, what good does it really do to show a birth certificate if your name is John Smith — or, let us say, José Garcia?)

Who’s on first?

I love Der Spiegel, I consider it one of the best sources for international news, in addition to (of course) news about Germany, and it has to some extent maintained the idiosyncratic playful and sophisticated language style of its founder. I’m not usually wild about its graphics, though, and find it dull and obvious, as well as straining to find a reason to associate an image of naked breasts with any article. 

That said, I find this cover amazing. Obviously I’d feel differently about the image if I felt differently about Donald Trump, but it’s not simply a feeling of gratification at an enemy being publicly insulted. Like the best graphics — like the best scientific plots — this image combines familiar iconography and space to give substance to the horror that so many of us feel, crystalising an idea that was elusive. The Statue of Liberty and the iconography of terrorist self-promotion decapitation videos. Yes. It’s a good thing Germany just eliminated its lèse majesté law…

The association with Daesh puts the “America First” slogan in a different light as well. It’s a slogan that the murderers of the self-proclaimed caliphate could share, in the same spirit as the terrorist narrator of Leonard Cohen’s song, First we take Manhattan, Then we take Berlin.

It’s not even inappropriate, given that Stephen Bannon and his cronies have been fairly open about their intention to use Trump as the point of the spear to destroy liberal democracy in Europe, in favour of white ethnonationalism.

Judge Brinkema has made her decision. Now let her enforce it!

The president’s inner circle have been announcing the dawn of a new Jacksonian era with reality TV star Donald Trump in the role of the populist self-made plutocrat who drove the elites out of the White House. Now:

Trump’s Border Patrol Defies Judge, U.S. Senator at Dulles Airport as His First Constitutional Crisis Unfolds

Border Patrol flouted a federal injunction against Trump’s order, barring lawyers from reaching legal U.S. residents detained at Dulles airport.

UPDATE: Speaking of Jackson, who is that I see in the place of honour to the left of Trump’s desk in the Oval Office? The arch-racist himself…

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Thumbs up from the emperor

The Trumpkins have announced that his Majesty does not actually intend to have Hillary Clinton prosecuted for bad email management. Implicit in this announcement is the belief that the president should have the right to decide who to prosecute and who not. In other words, it is an implicit threat.

Keeping focus

Angela Merkel is caught in a political struggle over the German government’s relationship to the NSA. One element of the struggle is the government’s attempt to suggest, without explicitly saying so, that the US was open to negotiating a “No-Spy” treaty, whereas they knew that the Americans had made absolutely clear that no such treaty would be entered into. What I find fascinating in this affair is how blatant the US is willing to be about its contempt for the sovereignty of other nations:

Doch bereits im Juli 2013 hatte die Europa-Strategin im Weißen Haus, Karen Donfried, in E-Mails an Merkels Berater Christoph Heusgen trotz dessen nachdrücklichem Bitten vermieden zuzusichern, dass sich US-Geheimdienste in Deutschland an deutsches Recht halten würden. Die “SZ” zitiert etwa aus einer E-Mail vom 19. Juli 2013:

“Bei uns liegt der Fokus natürlich darauf, ob wir das US-Recht einhalten. Unsere Experten fühlen sich nicht dafür gerüstet, die Einhaltung des deutschen Rechts zu beurteilen.”

[Already in July 2013 the White House European-strategy expert Karen Donfried had refused to give assurances to Merkel’s advisor Christoph Heusgen, despite his explicit request, that US espionage agencies in Germany would follow German laws. Süddeutscher Zeitung quotes from a July 19, 2013 email:

Our focus is naturally on whether we obey US laws. Our experts do not feel qualified [literally, “adequately armed”] to evaluate our conformity with German laws.]

What admirable modesty! It’s only natural that their number one concern is whether they are obeying US law, and given their very limited success in achieving that goal, they have no excess capacity for anything as complicated as trying to simultaneously obey both sets of laws. The expertise budget is really not unlimited. Not to mention that the German laws aren’t even written in English!

I know I find it more than I can manage to decide, on any given day, whether I’m going to obey US or UK law. I imagine finding myself some day in court, having to say, “I’m sorry Judge, but my focus is on whether I obey US laws. I do not feel qualified to evaluate my conformity with UK laws.”

Of course, someone might say that representatives of the US government who feel themselves incapable of keeping within the confines of German law do have the option of staying out of Germany…

Social climber

What is it about rock climbing that makes it such a useful synecdoche for enjoying your life? In an article about an unusual case about a girl whose lawsuit against a sexually abusive teacher foundered when her claims of “loss of enjoyment of life” seemed to be contradicted by a happy Facebook page, I was struck by the comment

Melissa’s account was mostly locked to outsiders, but some pictures were visible: Melissa hanging out with her boyfriend, Melissa working at a veterinary hospital, Melissa rock climbing, Melissa out drinking with friends… Nor did it support her claim of “loss of enjoyment of life,” which one judge has defined as the loss of “watching one’s children grow, participating in recreational activities, and drinking in the many other pleasures that life has to offer.” Rock climbing is a recreational activity; drinking with friends is one of life’s pleasures, after all. Last month, the court ordered Melissa to hand over every photograph, video, status update, and wall message ever posted on her Facebook accounts so that the school district may search for more clues that Melissa is secretly thriving.

And that reminded me of an article many years ago in Harper’s about American casualty adjustors, whose job it is to put a price on someone’s life for purposes of wrongful death suits.

I ask them to evaluate my worth, and they tell me that outdoorsy people are worth more than people like me, who stay home and read. “People have no sympathy for somebody who sits alone on his couch, drinks beer, eats food, and is a load,” Ed says.

“That’s why nobody likes me,” says George. “It’s how sympathetic you are. People go, ‘He rock climbed,’ you know. `This guy enjoyed life. He was out there doing things.’ You cherish life more if you are interacting with it.”

Plus ça change, US Supreme Court edition

From a collection of aperçus by Howard Brubaker in the May 16, 1936 edition of the New Yorker:

The Supreme Court judges are having long, deep thoughts about the Guffey Act. They know it is unconstitutional, but they can’t seem to think of the right reason.

Abercrombie cool

I don’t know anything about Abercrombie & Fitch. I know it’s a chain of stores that sell clothes, I’m sure I’ve seen their stores, but I’ve never been inside them. Everything I know about their brand comes from an 80-year-old satire by James Thurber that begins

 I always try to answer Abercrombie & Fitch’s questions (in their advertisements) the way they obviously want them answered, but usually, if I am to be honest with them and with myself, I must answer them in a way that would not please Abercrombie & Fitch. While that company and I have always nodded and smiled pleasantly enough when we met, we have never really been on intimate terms, mainly because we have so little in common. For one thing, I am inclined to be nervous and impatient, whereas Abercrombie & Fitch are at all times composed and tranquil…

Take the one recently printed in an advertisement in this magazine. Under a picture of a man fishing in a stream were these words: “Can’t you picture yourself in the middle of the stream with the certain knowledge that a wise old trout is hiding under a ledge and defying you to tempt him with your skillfully cast fly?” My answer, of course, is “No.” Especially if I am to be equipped the way the gentleman in the illustration is equipped: with rod, reel, line, net, hip boots, felt hat, and pipe. They might just as well add a banjo and a parachute….

I was reminded of this in reading about a case that is currently being considered by the US Supreme Court, in which Equal Employment Opportunity Commission has charged the company with religious discrimination, after it refused to hire a Muslim woman, because her headscarf would conflict with the Abercrombie dress code. (As the law would require reasonable accommodation to be made for religious observance, the legal case turns on the relatively uninteresting question of whether the district manager who made the decision, and who reportedly said  “if we allow this then someone will paint themselves green and call it a religion”, is really the last man left in America so uncontaminated by media representations of Muslims that he is not even aware that Muslim women often wear headscarfs as part of their religious practice.)

According to court documents,

Abercrombie described its brand as “a classic East Coast collegiate style of clothing.” When Elauf applied for a job in 2008, the Look policy included prohibitions on black clothing and “caps”; these and other rules were designed to protect “the health and vitality of its ‘preppy’ and ‘casual’ brand.” As Justice Alito put it during oral arguments, Abercrombie wants job candidates “who [look] just like this mythical preppy or … somebody who came off the beach in California.”

From fly-fishing in an east-coast stream to a beach in California. You’ve come a long way, baby!

On not getting the joke

Last week, in Paris, along with sundry other victims, 8 cartoonists and journalists at Charlie Hebdo were killed for pushing the envelope of free speech and political humour. The French authorities have been expressing their own rollicking sense of political irony by jailing dozens of people for the offense of commenting favourably on that crime against freedom of epression. (There is a spanking new law prohibiting apologie publique d’actes de terrorisme (publicly defending acts of terrorism).)
For example, a man was sentenced to 10 months in prison for saying (to officials who were arresting him for riding a tram without a ticket) “Les frères Kouachi, c’est que le début, j’aurais dû être avec eux pour tuer plus de monde.” (“The Kouachi brothers, that’s just the beginning. I should have been with them to kill even more people.”)
Sounds like the sort of thing Charlie Hebdo would attack mercilessly.

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