Author: Jack Marshall

Contract Cheating: One More Reason College Is A Massive Scam On Our Society

/ Jack Marshall / 7 Comments

A disturbing article from several perspectives appeared last week in the Times. Titled “Cheating, Inc.: How Writing Papers for American College Students Has Become a Lucrative Profession Overseas,”  it contained one ethically troubling paragraph and factoid after another, such as…

  • “Finally, a friend offered to help her break into “academic writing,” a lucrative industry in Kenya that involves doing school assignments online for college students in the United States, Britain and Australia. Ms. Mbugua felt conflicted.”

    “This is cheating,” she said. “But do you have a choice? We have to make money. We have to make a living.”

  • “Cheating in college is nothing new, but the internet now makes it possible on a global, industrial scale. Sleek websites — with names like Ace-MyHomework and EssayShark — have sprung up that allow people in developing countries to bid on and complete American homework assignments.

    “Although such businesses have existed for more than a decade, experts say demand has grown in recent years as the sites have become more sophisticated, with customer service hotlines and money-back guarantees. The result? Millions of essays ordered annually in a vast, worldwide industry that provides enough income for some writers to make it a full-time job.”

  • “A Facebook group for academic writers in Kenya has over 50,000 members…

“…It is not clear how widely sites for paid-to-order essays, known as “contract cheating” in higher education circles, are used. A 2005 study of students in North America found that 7 percent of undergraduates admitted to turning in papers written by someone else, while 3 percent admitted to obtaining essays from essay mills. Cath Ellis, a leading researcher on the topic, said millions of essays are ordered online every year worldwide.”

Yes, I’d say that the statistics cited in the article make the 7% and 3% findings risible.  What do you think are the real numbers? 15%? 20%? If that large a segment of graduating college students have cheated to get by, why is a diploma trusted as a credential? Would you want to be operated on by a doctor with a 20% chance that he or she cheated to graduate from medical school? Continue reading →

Observations On A Cruel—But Funny!—Political Joke

/ Jack Marshall / 26 Comments

“Humorists have been scared out of the business by the touchiness now prevailing in every section of the community. Wherever you look, on every shoulder there is a chip, in every eye a cold glitter warning you, if you know what is good for you, not to start anything.”

—P.G. Wodehouse, 1956

I just saw this Wodehouse quote today (Pointer: Jay Nordlinger on Instapundit), and sure enough, a joke controversy came in through the bathroom window.

The Texas Tribune Festival, an annual gathering of political and media figures in Austin,  included a panel on urban activism. Travis County Judge Sarah Eckhardt complained that the Republicans running the state government opposed any measure on the environment—even, she said, local tree ordinances. Then springing the punch-line following her own set-up, she said, “Governor Abbott hates trees because one fell on him.”

The overwhelmingly Democratic crowd laughed. I did not know, but apparently Texans do, that at 24 Abbot was paralyzed from the waist down , when  a tree blew over on him while he was jogging on a windy day in Houston in 1984.

Predictably, however, there was at least one person who witnessed this who was not amused. John Daniel Davidson, the Political Editor at The Federalist, was on hand, and tweeted the line and the identity of its creator out to his followers. Some Texas legislators and publications picked up on it, Judge Eckhardt was contacted and asked about its appropriateness, and soon she was issuing an apology,…

As usual in such episodes, the apology was not enough.  The Texas Tribune piled on, writing about the comment and adding details about Abbott’s accident. Its conservative readers unanimous condemned the judge, variously calling her apology insincere, vicious, cruel, and mandating her resignation. The attendees who laughed were pronounced equally detestable. The Tribune quoted Travis County Republican Chairman Matt Mackowiak , who went full “How dare you?”:

“Judge Eckhardt apparently believes that his disability is open to ridicule if it helps her make a political argument. This joke represents a profound lack of compassion from Judge Eckhardt. There is no place for insulting Americans with disabilities and Judge Eckhardt should know better.”

Davidson closed his article by pronouncing the incident as a  telling one… Continue reading →

Sentencing Ethics: The Perplexing Relevance Of “Acquitted Conduct”

/ Jack Marshall / 14 Comments

Senators Dick Durbin (D–Ill.) and Chuck Grassley (R–Iowa) introduced a bill this week that if passed and signed into law would  prohibit the use of so-called “acquitted conduct” at sentencing. What is acquitted conduct, you might ask? It is charges for which a defendant has been found not guilty that a sentencing judge nonetheless considers when sentencing that defendant for the crimes the jury says they did commit. This practice give prosecutors a special edge. Knowing that a judge may consider at sentencing every offense the prosecutor charges, a prosecutor can charge a defendant with an offense he knows he can prove beyond a reasonable doubt, and then charge more serious offenses that he probably can’t  prove. Even if jurors only reach a guilty verdict on the charges proved beyond a reasonable doubt, and refuse to convict on other charges, a judge can, and often does takes all the charges into consideration at sentencing.

“If any American is acquitted of charges by a jury of their peers, then some sentencing judge shouldn’t be able to find them guilty anyway and add to their punishment,” Grassley said in a statement released this week. “That’s not acceptable and it’s not American.” Under the law he is proposing with Senator Durbin, if a prosecutor charges you with five crimes, and the jury finds you not guilty of four of them, the judge who then sentences you should be able to consider only offense you were found guilty of.

What’s going on here? It is simply that the Federal sentencing rules currently allow a judge to consider crimes he or she believes the defendant is guilty of committing regardless of what the jury decided, just as a judge can take other factors into consideration. In such cases, a judge may use a preponderance of the evidence standard, not the criminal law standard of  beyond a reasonable doubt, to conclude that the jury was wrong and that a sentence should reflect conduct other than what the prosecution was able to prove to the jury’s satisfaction. Continue reading →

Saturday Ethics Warm-Up, 9/28/2019: The Search For Inspiration

/ Jack Marshall / 18 Comments

I need inspiration today…

1. No, this isn’t it…The Idiot Air Traveler. At a certain point, extreme stupidity is unethical. In China, a Xiamen Airlines passenger opened the emergency exit door of the aircraft as the plane was preparing to take off because she  felt the cabin was “too stuffy” and wanted “a breath of fresh air.”  She was arrested, and the incident caused the flight to be delayed an hour. How stupid and ignorant does someone have to be to do this? Wouldn’t you say this is signature significance indicating idiocy? Would you hire someone who did this even once? Allow her to take care of your children? Trust her with sharp objects? Allow her to buy a ticket for another plane trip?

2. Nor this.. New York City intentionally violates the Constitution. It is now against the law in New York City to threaten to call  immigration authorities on someone or refer to them as an “illegal alien” when “motivated by hate.”  A 29-page directive released by City Hall’s Commission on Human Rights announces fines of up to $250,000 per offense for, among other things, “the use of certain language, including ‘illegal alien’ and ‘illegals,’ with the intent to demean, humiliate, or offend a person.”  Mocking people because of their accents or grasp of English is also a crime now in the Big Apple. So is threatening to call ICE.

“In the face of increasingly hostile national rhetoric, we will do everything in our power to make sure our treasured immigrant communities are able to live with dignity and respect, free of harassment and bias,” said Carmelyn Malalis, the agency’s commissioner.

Maybe the whole set of new regulations isn’t unconstitutional, but the ones focused on “hate speech” certainly are. The city is simply declaring its contempt for the First Amendment with this stunt.

3. I guess this is kind of inspiring...When it pays to be trans. The old Saturday Evening Post used to have a feature called “The Perfect Squelch,” regaling its readers with a witty comeback or rejoinder that left an adversary defeated and demoralized. It wouldn’t have printed this one, but I can’t imagine a better example of the genre. This is Faye Kinley… Continue reading →

Australia Goes Right Past Nanny State To Dog-Walker State

/ Jack Marshall / 6 Comments

The new Australia law’s sponsors…

And all you thought they would do to stomp on individual rights  was to take away everyone’s guns! No, that was signature significance, you see. A state that decides that it, and not its citizens, should decide how they get to protect themselves is not going to stop with that. As Clarence Darrow said in the Scopes Trial, “Fanatacism is ever busy and needs feeding.  Always it is feeding and gloating for more.”

Down Under they just passed something called the the Animal Welfare Legislation Amendment Bill. Among its provisions is one that holds that dog owners can face heavy  fines if they keep their dog confined for 24 hours. Unless they then allow the dog to  “move freely” for the next two hours or face prosecution. That’s just a sample, however: the Australian Capital Territory’s new law says…

A person in charge of an animal commits an offence if the person fails to give the animal —

  • (a) appropriate food; or
  • appropriate water;
  • appropriate treatment for illness, disease or injury; or
  • appropriate shelter or accommodation; or
  • a clean and hygienic living environment; or
  • appropriate grooming and maintenance; or
  • appropriate exercise; or
  • appropriate opportunities to display behaviour that is normal for  the animal; or
  • care that is appropriate for the animal’s well-being.

No vagueness there! Maximum penalties include heavy fines , imprisonment for up to a year, or both. The territory is the first jurisdiction in Australia to recognize animal sentience, which apparently means the legislators let dogs write the legislation. Not smart dogs, either. Basset Hounds maybe. Irish setters.

Here are the particulars on dog-walking: Continue reading →

Observations On Neil Cavuto’s Oddly-Timed Scolding Of President Trump

/ Jack Marshall / 12 Comments

Fox News host Neil Cavuto decided to vent his frustration with President Trump yesterday, delivering a direct rebuke, addressing him in the second person. You can read the whole statement below after the commentary, or before, if you prefer.

I like Neil Cavuto. He’s a nice guy, he’s sincere, and he tries to be fair. He even had me on his show once. The format he chose, the Keith Olbermann direct address [Keith: “And why is it, SIR…”], I detest, and feel is pompous and inappropriate. Its a fake confrontation: Cavuto wouldn’t talk to the President like that if he were really in front of him, so it suggests boldness on his part that is illusory rather than real. It’s also arrogant grandstanding. Who is Cavuto to reprimand the President? He can give his opinion like anyone else, but talking to him through the camera like he was a naughty child is presumptuous.

In general, Cavuto’s point is undeniable: Trump’s constant puffery, exaggerations, contradictions, spontaneous utterances  and recklessness with the facts undermine his credibility, infuriate both allies and foes, and give ammunition to those who want to destroy him. In short, his habit is stupid. However, this was a known feature of the man’s style and character a decade ago. No, he can’t or won’t change, and that’s a weakness.  But who didn’t know this? Does Cavuto really think his tirade adds anything to the public’s knowledge? Does he think the President is going to reform because Neil Cavuto takes him to task?

In the specifics of his argument, however, Cavuto’s logic is so shaky that I wondered if he really thought his rant through, or, in the alternative, is not as smart as I thought he was. His initial sally is a non sequitur: the fact that President Trump frequently mangles the truth doesn’t make the news media  any less dishonest, incompetent and untrustworthy. Since a vast amount of the fake news polluting the public’s understanding of the issues involves fake news designed to undermine Trump, he has every right, and I believe a duty, to call it what it is.

Is Cavuto’s showboating just a member of the journalists’ club standing up for his colleagues against their adversary? It sure sounded like it.  He seemed to be mouthing the same excuse I hear from Facebook enablers of the biased media: “Yeah, well, OK, Rachel Maddow was hyping the Russian story and using dubious evidence, but Trump lies even more!” President Trump’s job is to run the country. Not being truthful can get in the way of that, but being accurate is not his job, nor is it one of his duties. Journalists, in contrast, are ethically obligated to inform the public truthfully no matter what whoppers a President may tell. The President doesn’t make the news media lie, so to say he provides the “ammunition” for fake news is nonsense. Cavuto is excusing lousy, dishonest, and divisive journalism. Continue reading →

Morning Ethics Warm-Up, 9/27/2019: Five Indefensible Ethics Breaches, In Approximate Order Of Harm Done [Corrected]

/ Jack Marshall / 40 Comments

And it’s a beautiful day…

1. Probably the last Boston Red Sox baseball ethics note of the 2019 season…In yesterdays’ meaningless afternoon game with the Texas Rangers, the Sox, who will finish the season an incredible 24 wins or more worse than last season’s championship team despite essentially the same squad and no major injuries, faced starter Mike Minor, who was seeking to end his season with 200 strikeouts, a milestone that might earn the free-agent-to-be an extra million or so on the open market this winter.

Minor entered his last start of the season at 191 strikeouts, and began the top of the ninth inning with 199 and a solid lead. Sox catcher Sandy León flied out to left field for the first out, bringing up sub-.200 hitter Chris Owings.

[Notice of Correction: Apologies to Chris Owings fans, if there are any, for originally misstating that Owings was a minor league call-up. In fact, he had been a journeyman infielder with the NL Diamondbacks. for six seasons until landing in the AL this season.Thanks to Other Bill for setting me straight. ]

With a 1-1 count, Owings popped up a pitch  halfway down the first base line in foul territory. Rangers first baseman Ronald Guzmán appeared to let it drop, trading out #2 for strike #2, and thus giving Minor a shot at his 200th strikeout. Minor got it when routinely incompetent home plate umpire CB Bucknor called strike three on a ball well out of the strike zone.

Manipulating the game’s results so a player can fatten his stats is unethical and hurts the integrity of the game. Guzmán  and the Rangers should be fined by MLB.

2. Our unprofessional, biased and untrustworthy public schools. Watson B. Duncan Middle School in Palm Beach Gardens, Florida is investigating a teacher who included this question on a test:

Continue reading →

Ethics Verdict: The Democrats Will Be 100% Responsible For The Damage The Impeachment Will Do To The nation.

/ Jack Marshall / 33 Comments

Impeachment, though it is doomed to fail, will be terrible for the country in too many ways to count, and the Democratic Party, abetted by the mainstream news media, will be 100% responsible for the harm. Not 75%. Not 99%. 100%.

I know I’m going to have to write a lot in the coming months about this, and I’m already sick of it, but if progressives, the media and the Democrats had treated this President as every one of his predecessors had been treated, we would not be here. They all decided to actively search for a justification to remove this President from office without an election. The calls for impeachment and contrived legal excuses to remove him began before Trump even took office.

It is satisfying, I suppose, in a mordant way, that the Democrats somehow trapped themselves into using one of the lamest and least persuasive justifications for an impeachment inquiry imaginable, and will pay a steep, steep price for it. Even the fact that the party and the media will suffer greatly for their attack on democracy, however, does not sufficiently mitigate the damage they will have done to the nation. Continue reading →

The Sequel To The “It’s OK To Be White” Stickers: “Islam Is Right About Women” Flyers

/ Jack Marshall / 25 Comments

In Winchester, Massachusetts (right next to my old home town of Arlington!)  flyers reading “Islam is RIGHT About Women” suddenly appeared around the town, fastened to trees, utility polls and street signs in the familiar manner of those “lost cat” notices.

An “alarmed” woman brought two flyers to the Winchester Police Department, and officers subsequently found eight more, including one that was posted outside of an elementary school. The flyer presented multiple dilemmas. Police said the signs were not threatening and considered free speech. But because they were placed on town property, the flyers technically violated town ordinances. Yet those lost cat flyers were always allowed to remain.

Some residents were adamant that the signs should come down: one who spoke to a local TV station, Jim Leary, said, “Putting signs up that make people feel uncomfortable is unfortunate, particularly in this time and age.”

Really? Sounds like you’re not too fond of free speech, Jim!

The police took the flyers down. Constitutional law professor Eugene Volokh wrote, citing Members of the City Council v. Taxpayers for Vincent (1984), that the content of the flyers’ message  is constitutionally protected, but that the city could take down the ones that violated town law  so long as it wasn’t discriminating based on the viewpoint of the signs.  But of course it was, since the lost cat flyers were never taken down.

What’s going on here? The Professor played dumb, writing, Continue reading →

Why American Colleges Are Increasingly A Waste Of Money, Time, And Minds: A Case Study From American University

/ Jack Marshall / 35 Comments

American University in Washington D.C. (Full disclosure: I once taught legal ethics at the law school there) employs Ibram X. Kendi as a history prof and  Director of the Antiracist Research & Policy Center. He writes, and thus advocates, utter nonsense like this, from his recent opinion piece  in Politico:

To fix the original sin of racism, Americans should pass an anti-racist amendment to the U.S. Constitution that enshrines two guiding anti-racist principals: Racial inequity is evidence of racist policy and the different racial groups are equals. The amendment would make unconstitutional racial inequity over a certain threshold, as well as racist ideas by public officials (with “racist ideas” and “public official” clearly defined). It would establish and permanently fund the Department of Anti-racism (DOA) comprised of formally trained experts on racism and no political appointees. The DOA would be responsible for preclearing all local, state and federal public policies to ensure they won’t yield racial inequity, monitor those policies, investigate private racist policies when racial inequity surfaces, and monitor public officials for expressions of racist ideas. The DOA would be empowered with disciplinary tools to wield over and against policymakers and public officials who do not voluntarily change their racist policy and ideas.

Continue reading →