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From version < 80.1 >
edited by Harrison Bay
on 2017/02/18 18:57
To version < 36.1 >
edited by Harrison Bay
on 2016/12/02 00:45
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Summary

Details

Caselist.CitesClass[5]
Cites
... ... @@ -1,25 +1,59 @@
1 -=Make CPs Great Again=
1 +=1NR Court Clog=
2 2  
3 3  
4 -====18 U.S. C. 242 can punish police officers with imprisonment if they demonstrate willful intent to violate protected rights====
5 -L.I.I. ND (Run by Cornell, this is the actual U.S. Code 242 used in federal prosecution today, "U.S. Code § 242 - Deprivation of rights under color of law", https://www.law.cornell.edu/uscode/text/18/242) //AA HB 12/1/16
6 -Whoever, under color of any law, statute, ordinance, regulation, or
4 +====Judiciary is intact now but we're on the brink—courts are clogged at historic levels.====
5 +**Bannon '13** (Alicia Bannon serves as counsel for the Brennan Center's Democracy Program, where her work focuses on judicial selection and promoting fair and impartial courts. Ms. Bannon also previously served as a Liman Fellow and Counsel in the Brennan Center's Justice Program. J.D. from Yale Law School in 2007, where she was a Comments Editor of the Yale Law Journal. "Testimony: More Judges Needed in Federal Courts," Brennan Center, 9/13, http://www.brennancenter.org/analysis/testimony-federal-courts-need-more-judges) OS
6 +While the current high level of judicial vacancies partially explains this high per-judge
7 7  AND
8 -or for life, or both, or may be sentenced to death.
8 +2013, so as to ensure the continued vitality of our federal courts.
9 9  
10 10  
11 -====However, it's hard for federal prosecutors to bring possible crimes to light due to a "specific intent" definition of "willful intent"—past rulings have a chilling effect====
12 -Pastor 2 (Michael J. Pastor, 2002, "A Tragedy and a Crime? Amadou Diallo, Specific Intent, and the Federal Prosecution of Civil Rights Violations", http://www.nyujlpp.org/wp-content/uploads/2012/11/Michael-J-Pastor-A-Tragedy-and-a-Crime.pdf) //AA HB 12/1/16
13 -The first hurdle in federal criminal prosecutions involves concerns over federalism and local sovereignty that
11 +====Qualified immunity avoids court clog—it removes frivolous lawsuits against law enforcement officers before deliberation occurs, reducing the burden====
12 +**Callahan 16** (Mike Callahan, Served in law enforcement for 44 years, appointed as a Special Agent with the United States Naval Criminal Investigative Service, 4/29/16, "Protecting cops from frivolous lawsuits: Qualified immunity, explained", https://web.archive.org/web/20161201124728/https://www.policeone.com/legal/articles/176707006-Protecting-cops-from-frivolous-lawsuits-Qualified-immunity-explained/)
13 +The United States Supreme Court has demonstrated remarkable understanding of the very difficult and dangerous
14 14  AND
15 -with the specific intent to use unreasonable force in their encounter with Diallo6.
15 +qualified immunity defense and use it to successfully defend their police officer clients.
16 16  
17 17  
18 -====Thus, the Counterplan: The United States ought to hold officers criminally liable for depriving another of their civil rights upon a showing of reckless disregard rather than specific intent.====
19 -Pastor 2 (Michael J. Pastor, 2002, "A Tragedy and a Crime? Amadou Diallo, Specific Intent, and the Federal Prosecution of Civil Rights Violations", http://www.nyujlpp.org/wp-content/uploads/2012/11/Michael-J-Pastor-A-Tragedy-and-a-Crime.pdf) //AA HB 12/1/16
20 -If the Supreme Court wished to overturn § 242 for vagueness, it could do
18 +==2 Scenarios==
19 +
20 +
21 +===Scenario 1===
22 +
23 +
24 +====Clogged courts stall US economy—specifically, disincentives like QI solve====
25 +**Post 11 (**Ashely; InsideCounsel as managing editor ,"Frivolous lawsuits clogging U.S. courts, stalling economic growth", www.insidecounsel.com/2011/07/22/frivolous-lawsuits-clogging-us-courts-stalling-eco?page=1-5, July 22, 2011)//ADS
26 +Americans' litigiousness and thirst for massive damages has been a boon to the legal profession
21 21  AND
22 -§ 242 should be used to prevent excessive use of deadly force.8
28 +It would be unlikely that he would veto the bill," Schwartz says.
23 23  
24 24  
25 -====Competes through Court Clog b/c it doesn't link because criminal prosecutions must still be vetted by a prosecutor and brought only when the evidence supports probable cause, which overcomes qualified immunity, and solves better than the aff through deterrence: Police Officers can obtain professional liability insurance to protect themselves against civil lawsuits but they can't insure themselves against prison time which 18 USC 242 enforces.====
31 +====Economic decline causes war and miscalculation ====
32 +**Royal 10** — Jedidiah Royal, Director of Cooperative Threat Reduction at the U.S. Department of Defense, M.Phil. Candidate at the University of New South Wales, 2010 ("Economic Integration, Economic Signalling and the Problem of Economic Crises," Economics of War and Peace: Economic, Legal and Political Perspectives, Edited by Ben Goldsmith and Jurgen Brauer, Published by Emerald Group Publishing, ISBN 0857240048, p. 213-215)
33 +Less intuitive is how periods of economic decline may increase the likelihood of external conflict
34 +AND
35 +such, the view presented here should be considered ancillary to those views.
36 +
37 +
38 +===Scenario 2===
39 +
40 +
41 +====Federal court clog collapses the federal judiciary– decimates Supreme Court and rule of law====
42 +**Oakley 96** (John B.; Distinguished Professor of Law Emeritus US Davis School of Law, 1996 The Myth of Cost-Free Jurisdictional Reallocation)//ADS
43 +Personal effects: The hidden costs of greater workloads. The hallmark of federal justice
44 +AND
45 +would raise the most serious questions of the future course of the nation.
46 +
47 +
48 +====Global democracy is predicated off of US judicial legitimacy ====
49 +**Zoccola '06 **(Barbara; President of the Memphis Bar Association, "Voters hold the key for judicial fairness" July 23, The Commercial Appeal)//ADS
50 +It matters because the health of our American democracy depends on impartial judges who apply
51 +AND
52 +and only 64 percent correctly identified the meaning of "checks and balances"
53 +
54 +
55 +====Consolidation solves WMD conflict ====
56 +**Halperin 11 **(Morton H.; Senior Advisor – Open Society Institute and Senior Vice President of the Center for American Progress, "Unconventional Wisdom – Democracy is Still Worth Fighting For", Foreign Policy, http://foreignpolicy.com/2011/01/03/unconventional-wisdom, JANUARY 3, 2011)//ADS
57 +As the United States struggles to wind down two wars and recover from a humbling
58 +AND
59 +Nor should we doubt that America would be more secure if they succeed.
EntryDate
... ... @@ -1,1 +1,1 @@
1 -2016-12-02 00:53:30.0
1 +2016-12-02 00:43:31.0
ParentRound
... ... @@ -1,1 +1,1 @@
1 -7
1 +8
Title
... ... @@ -1,1 +1,1 @@
1 -ND Reckless Disregard CP
1 +ND Court Clog DA
Caselist.CitesClass[6]
Cites
... ... @@ -1,16 +1,11 @@
1 -====1. Utilitarianism is the only moral system available to policy-makers. ====
2 -Goodin 90 writes
3 -Robert Goodin, fellow in philosophy, Australian National Defense University, THE UTILITARIAN RESPONSE, 1990, p. 141-2
4 -My larger argument turns on the proposition that there is something special about the situation
5 -AND
6 -want to use it at all – to chose general rules or conduct.
1 +=Body Camera CP=
7 7  
8 8  
9 -====2. Moral uncertainty means you default to extinction first. ====
10 -**Bostrom 12** Nick Bostrom. Faculty of Philosophy and Oxford Martin School University of Oxford; Generally Crazy Person but not this argument because it's actually pretty sane."Existential Risk Prevention as Global Priority." Global Policy (2012)
11 -These reflections on moral uncertainty suggest~~s~~ an alternative,complementary way of
12 -AND
13 -of value. To do this, we must prevent any existential catastrophe.
4 +====Counterplan: The United States ought to require all police officers to wear body cameras, always powered on, with legal ramifications if turned off while on duty====
14 14  
15 15  
16 -====Thus, the standard is maximizing expected well-being.====
7 +====Body cameras strengthen police legitimacy, lower cases of brutality, stop and frisk, and arrests. Officers like them too, and empirical data backs them up====
8 +White 14 (Michael D. White, 2014, "Police Officer Body-Worn Cameras: Assessing the Evidence", https://www.ojpdiagnosticcenter.org/sites/default/files/spotlight/download/Police20Officer20Body-Worn20Cameras.pdf)
9 +Transparency, or willingness by a police department to open itself up to outside scrutiny
10 +AND
11 +. There was no comparison to officers who did not wear cameras.12
EntryDate
... ... @@ -1,1 +1,1 @@
1 -2016-12-02 00:53:31.0
1 +2016-12-02 00:44:38.0
ParentRound
... ... @@ -1,1 +1,1 @@
1 -7
1 +9
Title
... ... @@ -1,1 +1,1 @@
1 -FW Util
1 +ND Body Cameras CP
Caselist.CitesClass[7]
Cites
... ... @@ -1,59 +1,0 @@
1 -=1NR Court Clog=
2 -
3 -
4 -====Judiciary is intact now but we're on the brink—courts are clogged at historic levels.====
5 -**Bannon '13** (Alicia Bannon serves as counsel for the Brennan Center's Democracy Program, where her work focuses on judicial selection and promoting fair and impartial courts. Ms. Bannon also previously served as a Liman Fellow and Counsel in the Brennan Center's Justice Program. J.D. from Yale Law School in 2007, where she was a Comments Editor of the Yale Law Journal. "Testimony: More Judges Needed in Federal Courts," Brennan Center, 9/13, http://www.brennancenter.org/analysis/testimony-federal-courts-need-more-judges) OS
6 -While the current high level of judicial vacancies partially explains this high per-judge
7 -AND
8 -2013, so as to ensure the continued vitality of our federal courts.
9 -
10 -
11 -====Qualified immunity avoids court clog—it removes frivolous lawsuits against law enforcement officers before deliberation occurs, reducing the burden====
12 -**Callahan 16** (Mike Callahan, Served in law enforcement for 44 years, appointed as a Special Agent with the United States Naval Criminal Investigative Service, 4/29/16, "Protecting cops from frivolous lawsuits: Qualified immunity, explained", https://web.archive.org/web/20161201124728/https://www.policeone.com/legal/articles/176707006-Protecting-cops-from-frivolous-lawsuits-Qualified-immunity-explained/)
13 -The United States Supreme Court has demonstrated remarkable understanding of the very difficult and dangerous
14 -AND
15 -qualified immunity defense and use it to successfully defend their police officer clients.
16 -
17 -
18 -==2 Scenarios==
19 -
20 -
21 -===Scenario 1===
22 -
23 -
24 -====Clogged courts stall US economy—specifically, disincentives like QI solve====
25 -**Post 11 (**Ashely; InsideCounsel as managing editor ,"Frivolous lawsuits clogging U.S. courts, stalling economic growth", www.insidecounsel.com/2011/07/22/frivolous-lawsuits-clogging-us-courts-stalling-eco?page=1-5, July 22, 2011)//ADS
26 -Americans' litigiousness and thirst for massive damages has been a boon to the legal profession
27 -AND
28 -It would be unlikely that he would veto the bill," Schwartz says.
29 -
30 -
31 -====Economic decline causes war and miscalculation ====
32 -**Royal 10** — Jedidiah Royal, Director of Cooperative Threat Reduction at the U.S. Department of Defense, M.Phil. Candidate at the University of New South Wales, 2010 ("Economic Integration, Economic Signalling and the Problem of Economic Crises," Economics of War and Peace: Economic, Legal and Political Perspectives, Edited by Ben Goldsmith and Jurgen Brauer, Published by Emerald Group Publishing, ISBN 0857240048, p. 213-215)
33 -Less intuitive is how periods of economic decline may increase the likelihood of external conflict
34 -AND
35 -such, the view presented here should be considered ancillary to those views.
36 -
37 -
38 -===Scenario 2===
39 -
40 -
41 -====Federal court clog collapses the federal judiciary– decimates Supreme Court and rule of law====
42 -**Oakley 96** (John B.; Distinguished Professor of Law Emeritus US Davis School of Law, 1996 The Myth of Cost-Free Jurisdictional Reallocation)//ADS
43 -Personal effects: The hidden costs of greater workloads. The hallmark of federal justice
44 -AND
45 -would raise the most serious questions of the future course of the nation.
46 -
47 -
48 -====Global democracy is predicated off of US judicial legitimacy ====
49 -**Zoccola '06 **(Barbara; President of the Memphis Bar Association, "Voters hold the key for judicial fairness" July 23, The Commercial Appeal)//ADS
50 -It matters because the health of our American democracy depends on impartial judges who apply
51 -AND
52 -and only 64 percent correctly identified the meaning of "checks and balances"
53 -
54 -
55 -====Consolidation solves WMD conflict ====
56 -**Halperin 11 **(Morton H.; Senior Advisor – Open Society Institute and Senior Vice President of the Center for American Progress, "Unconventional Wisdom – Democracy is Still Worth Fighting For", Foreign Policy, http://foreignpolicy.com/2011/01/03/unconventional-wisdom, JANUARY 3, 2011)//ADS
57 -As the United States struggles to wind down two wars and recover from a humbling
58 -AND
59 -Nor should we doubt that America would be more secure if they succeed.
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2016-12-02 00:53:31.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Thomas Phung
Opponent
... ... @@ -1,1 +1,0 @@
1 -Kent Denver SL
ParentRound
... ... @@ -1,1 +1,0 @@
1 -7
Round
... ... @@ -1,1 +1,0 @@
1 -1
Team
... ... @@ -1,1 +1,0 @@
1 -Albuquerque Academy Bay Neg
Title
... ... @@ -1,1 +1,0 @@
1 -ND Court Clog DA
Tournament
... ... @@ -1,1 +1,0 @@
1 -Alta
Caselist.CitesClass[8]
Cites
... ... @@ -1,11 +1,0 @@
1 -=Body Camera CP=
2 -
3 -
4 -====Counterplan: The United States ought to require all police officers to wear body cameras, always powered on, with legal ramifications if turned off while on duty====
5 -
6 -
7 -====Body cameras strengthen police legitimacy, lower cases of brutality, stop and frisk, and arrests. Officers like them too, and empirical data backs them up====
8 -White 14 (Michael D. White, 2014, "Police Officer Body-Worn Cameras: Assessing the Evidence", https://www.ojpdiagnosticcenter.org/sites/default/files/spotlight/download/Police20Officer20Body-Worn20Cameras.pdf)
9 -Transparency, or willingness by a police department to open itself up to outside scrutiny
10 -AND
11 -. There was no comparison to officers who did not wear cameras.12
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2016-12-02 00:53:31.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Thomas Phung
Opponent
... ... @@ -1,1 +1,0 @@
1 -Kent Denver SL
ParentRound
... ... @@ -1,1 +1,0 @@
1 -7
Round
... ... @@ -1,1 +1,0 @@
1 -1
Team
... ... @@ -1,1 +1,0 @@
1 -Albuquerque Academy Bay Neg
Title
... ... @@ -1,1 +1,0 @@
1 -ND Body Cameras CP
Tournament
... ... @@ -1,1 +1,0 @@
1 -Alta
Caselist.CitesClass[9]
Cites
... ... @@ -1,21 +1,0 @@
1 -==Resolved: The US ought to limit qualified immunity for police officers.==
2 -
3 -
4 -====A. Interpretation: The aff must defend the legal definition of Qualified Immunity. To clarify:====
5 -
6 -
7 -====Qualified Immunity====
8 -Cornell ND (Cornell University Law School, "Qualified Immunity", https://www.law.cornell.edu/wex/qualified_immunity, 11/10/16)
9 -Qualified immunity: an overview
10 - "Qualified immunity balances two important interests—
11 -AND
12 -plaintiff's right if it is clear that the right was not clearly established.
13 -
14 -
15 -====B. Violation: The aff does not engage with qualified immunity at all, they instead talk about _____====
16 -
17 -
18 -====C. Standards:====
19 -1. Predictable Limits
20 -2. Ground:
21 -====D. Voters:====
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2016-12-03 01:00:41.0
Judge
... ... @@ -1,1 +1,0 @@
1 -c
Opponent
... ... @@ -1,1 +1,0 @@
1 -b
ParentRound
... ... @@ -1,1 +1,0 @@
1 -8
Round
... ... @@ -1,1 +1,0 @@
1 -Finals
Team
... ... @@ -1,1 +1,0 @@
1 -Albuquerque Academy Bay Neg
Title
... ... @@ -1,1 +1,0 @@
1 -ND QI T
Tournament
... ... @@ -1,1 +1,0 @@
1 -a
Caselist.CitesClass[10]
Cites
... ... @@ -1,70 +1,0 @@
1 -====A. Interpretation: Acceptance of being affirmative in debate round constitutes acceptance of the burden to advocate topical action by public colleges and universities of the United States====
2 -Ericson 3 (Jon M Ericson, Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater's Guide, Third Edition, p. 4)
3 -The Proposition of Policy: Urging Future Action. In policy propositions, each topic
4 -AND
5 -compelling reasons for an audience to perform the future action that you propose.
6 -
7 -
8 -====Resolved implies action ====
9 -Oxford Dictionaries (https://en.oxforddictionaries.com/definition/us/resolved)
10 -Definition of resolved in English: Firmly determined to do something
11 -
12 -
13 -====Ought implies moral obligation====
14 -**Dictionary.com** http://www.dictionary.com/browse/ought
15 -1.
16 -(used to express duty or moral obligation):
17 -Every citizen ought to help.
18 -
19 -
20 -====B. Violation: Aff violates the words "Resolved: Public colleges and universities ought," and has not met its burden to advocate action by public colleges and universities====
21 -
22 -
23 -====C. Standards: ====
24 -
25 -
26 -
27 -====Non-topic-centered debate drains education and critical thinking skills====
28 -Michael Greenstein, 2014 ("An Activity At Risk: A Call for Topic-Centered Debate," Dr. Greenstein is the Director of Debate and a social studies teacher at Glenbrook North High School, The Rostrum, Fall 2014, pp. 70-72)
29 -In non-topic centered debates, affirmative teams often will not discuss anything related
30 -AND
31 -critical thinking ability, analytic skills, or other benefits debate can provide.
32 -
33 -
34 -
35 -
36 -==== Supporting limits sets a norm—they're the vital access point for any theory impact—key to fairness because huge research burdens mean we can't prepare to compete—key to education because people quit debate, and top debate schools strategically run small affs====
37 -**Rowland 84** (Robert C., Debate Coach – Baylor University, "Topic Selection in Debate", American Forensics in Perspective, Ed. Parson, p. 53-54)
38 -The first major problem identified by the work group as relating to topic selection is
39 -AND
40 -of broad topics that has led some small schools to cancel their programs.
41 -
42 -
43 -====7. Non-topical affirmatives screw fairness and decrease the dialogical benefits of the debate—turns the aff====
44 -Galloway 7 (Ryan, professor of communications at Samford University, Contemporary Argumentation and Debate, Vol. 28, 2007)
45 -Debate as a dialogue sets an argumentative table, where all parties receive a relatively
46 -AND
47 -substitutes for topical action do not accrue the dialogical benefits of topical advocacy.
48 -
49 -
50 -====8. Focus on abstract resistance rather than concrete policy re-entrenches mechanisms that produce oppression, and withers the politically consequential Left—even if they solve short-term, they turn long-term====
51 -**Thompson et al., 15**, Gregory Smulewicz-Zucker and Michael Thompson, 9/15,Radical Intellectuals and the Subversion of Progressive Politics: The Betrayal of Politics, (Political Philosophy and Public Purpose) (Kindle Locations 263-270). Palgrave Macmillan. Kindle Edition. Thompson is a Political Scientist @ William Patterson University, Smulewicz-Zucker is a philosophy professor @ Baruch
52 -On our reading, there is not only a theoretical but also a deeply political
53 -AND
54 -) (Kindle Locations 263-270). Palgrave Macmillan. Kindle Edition.
55 -
56 -
57 -
58 -====Switch side debate solves better through future advocacy and argumentation skills====
59 -**Zwarensteyn 2012** (Ellen C., "High School Policy Debate as an Enduring Pathway to Political Education: Evaluating Possibilities for Political Learning" (2012). Masters Theses. Paper 35.
60 -http://scholarworks.gvsu.edu/theses/35, LB)
61 -After surveying literature dating back to the policy debate controversies of the 1950s and 1960s
62 -AND
63 -continuously adapting multiple perspectives in and out of a student's world-view.
64 -
65 -
66 -====11. Policy Simulation is key to strategic decision-making and even culture change====
67 -Eijkman 12 ~~Henk, visiting fellow at the University of New South Wales at the Australian Defence Force Academy and is Visiting Professor of Academic Development, Annasaheb Dange College of Engineering and Technology in India, has taught at various institutions in the social sciences and his work as an adult learning specialist has taken him to South Africa, Malaysia, Palestine, and India, "The role of simulations in the authentic learning for national security policy development: Implications for Practice," http://nsc.anu.edu.au/test/documents/Sims_in_authentic_learning_report.pdf~~
68 -However, whether as an approach to learning, innovation, persuasion or culture shift
69 -AND
70 -notion with the aff methodology because someone has to lose the debate—equating
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2017-01-28 15:26:08.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Sazbel
Opponent
... ... @@ -1,1 +1,0 @@
1 -Stuyvesant KF
ParentRound
... ... @@ -1,1 +1,0 @@
1 -9
Round
... ... @@ -1,1 +1,0 @@
1 -1
Team
... ... @@ -1,1 +1,0 @@
1 -Albuquerque Academy Bay Neg
Title
... ... @@ -1,1 +1,0 @@
1 -Framework
Tournament
... ... @@ -1,1 +1,0 @@
1 -Emory
Caselist.CitesClass[11]
Cites
... ... @@ -1,14 +1,0 @@
1 -T-Any
2 -A. Interpretation: Prefer:
3 -“Any”
4 -Google (It’s Google)
5 -1. used to refer to one or some of a thing or number of things, no matter how much or many. "I don't have any choice" 2. whichever of a specified class might be chosen.
6 -The first definition flows neg, too—it says it’s used to refer to one or more things, but that’s ONLY when there’s only one of those things available—the example verifies this, there’s ONLY ONE choice available which is the entirety of the set of available—when there’s many of those things available, “any” applies to every element in that set by the first definition
7 -
8 -“Any” differs in meaning when considered in context in the legal world—prefer as the legal interpretation is the best used especially in the context of the resolution
9 -Breyer 12 (Stephen Breyer, US SUPREME COURT JUSTICE, 9/17/12. “Stephen Breyer recommends the best books on Intellectual Influence”, http://fivebooks.com/interview/stephen-breyer-on-intellectual-influences/) //AA HB
10 -JL Austin was an ordinary language philosopher. When I studied in Oxford, I went to one of his classes and I read his books. How to Do Things with Words teaches us a lot about how ordinary language works. It is useful to me as a judge, because it helps me avoid the traps that linguistic imprecision can set. If I had to pick a single thing that I draw from Austin’s work it would be that context matters. It enables us to understand, when someone makes a statement, what that statement refers to and what that person meant. Austin set a famous exam question: you bet that all swans are white or black, but does this refer to possible swans on Mars? Not clear. The question is: what’s the context? What’s the scope of that bet? When I see the word “any” in a statute, I immediately know it’s unlikely to mean “anything” in the universe. “Any” will have a limitation on it, depending on the context. When my wife says, “there isn’t any butter,” I understand that she’s talking about what is in our refrigerator, not worldwide. We look at context over and over, in life and in law.
11 -
12 -Limits and CP ground
13 -
14 -Voters
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2017-02-18 18:57:48.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Janet Novack
Opponent
... ... @@ -1,1 +1,0 @@
1 -Ridge AL
ParentRound
... ... @@ -1,1 +1,0 @@
1 -10
Round
... ... @@ -1,1 +1,0 @@
1 -2
Team
... ... @@ -1,1 +1,0 @@
1 -Albuquerque Academy Bay Neg
Title
... ... @@ -1,1 +1,0 @@
1 -T - Any
Tournament
... ... @@ -1,1 +1,0 @@
1 -Harvard
Caselist.CitesClass[12]
Cites
... ... @@ -1,17 +1,0 @@
1 -The claim that free speech leads to democratic debate and social progress is a neoliberal myth – the AFF’s faith in the free exchange of ideas displaces a focus on direct action and re-entrenches multiple forms of oppression. Instead, the alternative is to reject the AFF’s neoliberal framing of speech and direct pedagogy to focus on direct action against oppression.
2 -Tillett-Saks 13 Andrew Tillett-Saks (Labor organizer and critical activist author for Truth-Out and Counterpunch), Neoliberal Myths, Counterpunch, 11/7/13, http://www.counterpunch.org/2013/11/07/neoliberal-myths/ //LADI
3 -In the wake of the Brown University shout-down of Ray Kelly, champion of the NYPD’s racist stop-and-frisk policy and racial profiling in general, the debate has resurfaced. Rather than talking past the anti-protestors’ arguments, they need to be addressed directly. The prototypical argument in denouncing the protestors is not a defense of Ray Kelly’s racism. It is twofold: First, that a free-flowing discourse on the matter will allow all viewpoints to be weighed and justice to inevitably emerge victorious on its merits. Second, that stopping a bigot from speaking in the name of freedom is self-defeating as it devolves our democratic society into tyranny. The twofold argument against the protestors stems from two central myths of neoliberalism. The argument for free discourse as the enlightened path to justice ignores that direct action protest is primarily responsible for most of the achievements we would consider ‘progress’ historically (think civil rights, workers’ rights, suffrage, etc.), not the free exchange of ideas. The claim that silencing speech in the name of freedom is self-defeating indulges in the myth of the pre-existence of a free society in which freedom of speech must be preciously safeguarded, while ignoring the woeful shortcomings of freedom of speech in our society which must be addressed before there is anything worth protecting. Critics of the protest repeatedly denounced direct action in favor of ideological debate as the path to social justice. “It would have been more effective to take part in a discussion rather than flat out refuse to have him speak,” declared one horrified student to the Brown Daily Herald. Similarly, Brown University President Christina Paxson labeled the protest a detrimental “affront to democratic civil society,” and instead advocated “intellectual rigor, careful analysis, and…respectful dialogue and discussion.” Yet the implication that masterful debate is the engine of social progress could not be more historically unfounded. Only in the fairy tale histories of those interested in discouraging social resistance does ‘respectful dialogue’ play a decisive role in struggles against injustice. The eight-hour workday is not a product of an incisive question-and-answer session with American robber barons. Rather, hundreds of thousands of workers conducted general strikes during the nineteenth century, marched in the face of military gunfire at Haymarket Square in 1886, and occupied scores of factories in the 1930’s before the eight-hour work day became American law. Jim Crow was not defeated with the moral suasion of Martin Luther King, Jr.’s speeches. Rather, hundreds of thousands marched on Washington, suffered through imprisonment by racist Southern law enforcement, and repeatedly staged disruptive protests to win basic civil rights. On a more international scale, Colonialism, that somehow-oft-forgotten tyranny that plagued most of the globe for centuries, did not cease thanks to open academic dialogue. Bloody resistance, from Algeria to Vietnam to Panama to Cuba to Egypt to the Philippines to Cameroon and to many other countries, was the necessary tool that unlocked colonial shackles. Different specific tactics have worked in different contexts, but one aspect remains constant: The free flow of ideas and dialogue, by itself, has rarely been enough to generate social progress. It is not that ideas entirely lack social power, but they have never been sufficient in winning concessions from those in power to the oppressed. Herein lies neoliberal myth number one—that a liberal free-market society will inexorably and inherently march towards greater freedom. To the contrary, direct action has always proved necessary.
4 -Neoliberal social organization ensures extinction from resource wars, climate change, and structural violence—turns all their impacts. Vote them down for their embracement of neoliberalism
5 -Williams and Srnicek, PhD candidates, 13
6 -(Alex, PhD student at the University of East London, presently at work on a thesis entitled 'Hegemony and Complexity', Nick, PhD candidate in International Relations at the London School of Economics, Co-authors of the forthcoming Folk Politics, 14 May 2013, http://criticallegalthinking.com/2013/05/14/accelerate-manifesto-for-an-accelerationist-politics/)
7 -At the begin­ning of the second dec­ade of the Twenty-First Cen­tury, global civilization faces a new breed of cataclysm. These com­ing apo­ca­lypses ridicule the norms and organ­isa­tional struc­tures of the polit­ics which were forged in the birth of the nation-state, the rise of cap­it­al­ism, and a Twen­ti­eth Cen­tury of unpre­ced­en­ted wars. 2. Most significant is the break­down of the planetary climatic system. In time, this threatens the continued existence of the present global human population. Though this is the most crit­ical of the threats which face human­ity, a series of lesser but potentially equally destabilising problems exist along­side and inter­sect with it. Terminal resource depletion, especially in water and energy reserves, offers the prospect of mass starvation, collapsing economic paradigms, and new hot and cold wars. Continued financial crisis has led governments to embrace the para­lyz­ing death spiral policies of austerity, privatisation of social welfare services, mass unemployment, and stagnating wages. Increasing automation in production processes includ­ing ‘intel­lec­tual labour’ is evidence of the secular crisis of capitalism, soon to render it incapable of maintaining current standards of living for even the former middle classes of the global north. 3. In con­trast to these ever-accelerating cata­strophes, today’s politics is beset by an inability to generate the new ideas and modes of organisation necessary to transform our societies to confront and resolve the coming annihilations. While crisis gath­ers force and speed, polit­ics with­ers and retreats. In this para­lysis of the polit­ical ima­gin­ary, the future has been cancelled. 4. Since 1979, the hegemonic global political ideology has been neoliberalism, found in some vari­ant through­out the lead­ing eco­nomic powers. In spite of the deep struc­tural chal­lenges the new global prob­lems present to it, most imme­di­ately the credit, fin­an­cial, and fiscal crises since 2007 – 8, neoliberal programmes have only evolved in the sense of deep­en­ing. This continuation of the neo­lib­eral pro­ject, or neo­lib­er­al­ism 2.0, has begun to apply another round of structural adjustments, most sig­ni­fic­antly in the form of encour­aging new and aggress­ive incur­sions by the private sec­tor into what remains of social demo­cratic insti­tu­tions and ser­vices. This is in spite of the immediately negative eco­nomic and social effects of such policies, and the longer term fun­da­mental bar­ri­ers posed by the new global crises.
8 -
9 -We need to ask how to build a society capable of challenging institutional neoliberalism —which is the root cause of their impacts. Anything else is a distraction—voting aff justifies a neoliberal society as well as all the impacts that come from it.
10 -Monbiot, Nov 30, 16 (George, best-selling author, staff writer for the Guardian, “Frightened by Donald Trump? You don’t know the half of it,” November 30, https://www.theguardian.com/commentisfree/2016/nov/30/donald-trump-george-monbiot-misinformation, CA)
11 -Yes, Donald Trump’s politics are incoherent. But those who surround him know just what they want, and his lack of clarity enhances their power. To understand what is coming, we need to understand who they are. I know all too well, because I have spent the past 15 years fighting them. Trump’s climate denial is just one of the forces that point towards war George Monbiot George Monbiot Read more Over this time, I have watched as tobacco, coal, oil, chemicals and biotech companies have poured billions of dollars into an international misinformation machine composed of thinktanks, bloggers and fake citizens’ groups. Its purpose is to portray the interests of billionaires as the interests of the common people, to wage war against trade unions and beat down attempts to regulate business and tax the very rich. Now the people who helped run this machine are shaping the government. I first encountered the machine when writing about climate change. The fury and loathing directed at climate scientists and campaigners seemed incomprehensible until I realised they were fake: the hatred had been paid for. The bloggers and institutes whipping up this anger were funded by oil and coal companies. Among those I clashed with was Myron Ebell of the Competitive Enterprise Institute (CEI). The CEI calls itself a thinktank, but looks to me like a corporate lobbying group. It is not transparent about its funding, but we now know it has received $2m from ExxonMobil, more than $4m from a group called the Donors Trust (which represents various corporations and billionaires), $800,000 from groups set up by the tycoons Charles and David Koch, and substantial sums from coal, tobacco and pharmaceutical companies. For years, Ebell and the CEI have attacked efforts to limit climate change, through lobbying, lawsuits and campaigns. An advertisement released by the institute had the punchline “Carbon dioxide: they call it pollution. We call it life.” Former campaign manager Corey Lewandowski, like other members of Trump’s team, came from a group called Americans for Prosperity. It has sought to eliminate funding for environmental education, lobbied against the Endangered Species Act, harried climate scientists and campaigned in favour of mountaintop removal by coal companies. In 2004, Ebell sent a memo to one of George W Bush’s staffers calling for the head of the Environmental Protection Agency to be sacked. Where is Ebell now? Oh – leading Trump’s transition team for the Environmental Protection Agency. Trump's conflicts of interest: a visual guide Read more Charles and David Koch – who for years have funded extreme pro-corporate politics – might not have been enthusiasts for Trump’s candidacy, but their people were all over his campaign. Until June, Trump’s campaign manager was Corey Lewandowski, who like other members of Trump’s team came from a group called Americans for Prosperity (AFP). This purports to be a grassroots campaign, but it was founded and funded by the Koch brothers. It set up the first Tea Party Facebook page and organised the first Tea Party events. With a budget of hundreds of millions of dollars, AFP has campaigned ferociously on issues that coincide with the Koch brothers’ commercial interests in oil, gas, minerals, timber and chemicals. In Michigan, it helped force through the “right to work bill”, in pursuit of what AFP’s local director called “taking the unions out at the knees”. It has campaigned nationwide against action on climate change. It has poured hundreds of millions of dollars into unseating the politicians who won’t do its bidding and replacing them with those who will. I could fill this newspaper with the names of Trump staffers who have emerged from such groups: people such as Doug Domenech, from the Texas Public Policy Foundation, funded among others by the Koch brothers, Exxon and the Donors Trust; Barry Bennett, whose Alliance for America’s Future (now called One Nation) refused to disclose its donors when challenged; and Thomas Pyle, president of the American Energy Alliance, funded by Exxon and others. This is to say nothing of Trump’s own crashing conflicts of interest. Trump promised to “drain the swamp” of the lobbyists and corporate stooges working in Washington. But it looks as if the only swamps he’ll drain will be real ones, as his team launches its war on the natural world. Understandably, there has been plenty of coverage of the racists and white supremacists empowered by Trump’s victory. But, gruesome as they are, they’re peripheral to the policies his team will develop. It’s almost comforting, though, to focus on them, for at least we know who they are and what they stand for. By contrast, to penetrate the corporate misinformation machine is to enter a world of mirrors. Spend too long trying to understand it, and the hyporeality vortex will inflict serious damage on your state of mind. Don’t imagine that other parts of the world are immune. Corporate-funded thinktanks and fake grassroots groups are now everywhere. The fake news we should be worried about is not stories invented by Macedonian teenagers about Hillary Clinton selling arms to Islamic State, but the constant feed of confected scares about unions, tax and regulation drummed up by groups that won’t reveal their interests. The less transparent they are, the more airtime they receive. The organisation Transparify runs an annual survey of thinktanks. This year’s survey reveals that in the UK only four thinktanks – the Adam Smith Institute, Centre for Policy Studies, Institute of Economic Affairs and Policy Exchange – “still consider it acceptable to take money from hidden hands behind closed doors”. And these are the ones that are all over the media. When the Institute of Economic Affairs, as it so often does, appears on the BBC to argue against regulating tobacco, shouldn’t we be told that it has been funded by tobacco companies since 1963? There’s a similar pattern in the US: the most vocal groups tend to be the most opaque. As usual, the left and centre (myself included) are beating ourselves up about where we went wrong. There are plenty of answers, but one of them is that we have simply been outspent. Not by a little, but by orders of magnitude. A few billion dollars spent on persuasion buys you all the politics you want. Genuine campaigners, working in their free time, simply cannot match a professional network staffed by thousands of well-paid, unscrupulous people. You cannot confront a power until you know what it is. Our first task in this struggle is to understand what we face. Only then can we work out what to do.
12 -Our alternative is a revolutionary socialist humanism grounded in historical materialism—UNRELENTING CRITIQUE IS KEY
13 -McLaren et al. 2004 – *Education and Urban Schooling Division prof, UCLA; **University of Windsor (Peter and Valerie, Educational Philosophy and Theory, Vol. 36, No. 2, “Class Dismissed? Historical materialism and the politics of ‘difference’”, DOI: 10.1111/j.1469-5812.2004.00060.x)
14 -These are the concrete realities of our time—realities that require a vigorous class analysis, an unrelenting critique of capitalism and an oppositional politics capable of confronting what Ahmad (1998, p. 2) refers to as ‘capitalist universality.’ They are realities that require something more than that which is offered by the prophets of ‘difference’ and post-Marxists who would have us relegate socialism to the scrapheap of history and mummify Marxism along with Lenin's corpse. Never before has a Marxian analysis of capitalism and class rule been so desperately needed. That is not to say that everything Marx said or anticipated has come true, for that is clearly not the case. Many critiques of Marx focus on his strategy for moving toward socialism, and with ample justification; nonetheless Marx did provide us with fundamental insights into class society that have held true to this day. Marx's enduring relevance lies in his indictment of capitalism which continues to wreak havoc in the lives of most. While capitalism's cheerleaders have attempted to hide its sordid underbelly, Marx's description of capitalism as the sorcerer's dark power is even more apt in light of contemporary historical and economic conditions. Rather than jettisoning Marx, decentering the role of capitalism, and discrediting class analysis, radical educators must continue to engage Marx's oeuvre and extrapolate from it that which is useful pedagogically, theoretically, and, most importantly, politically in light of the challenges that confront us. The urgency which animates Amin’s call for a collective socialist vision necessitates, as we have argued, moving beyond the particularism and liberal pluralism that informs the ‘politics of difference.’ It also requires challenging the questionable assumptions that have come to constitute the core of contemporary ‘radical’ theory, pedagogy and politics. In terms of effecting change, what is needed is a cogent understanding of the systemic nature of exploitation and oppression based on the precepts of a radical political economy approach (outlined above) and one that incorporates Marx’s notion of ‘unity in difference’ in which people share widely common material interests. Such an understanding extends far beyond the realm of theory, for the manner in which we choose to interpret and explore the social world, the concepts and frameworks we use to express our sociopolitical understandings, are more than just abstract categories. They imply intentions, organizational practices, and political agendas. Identifying class analysis as the basis for our understandings and class struggle as the basis for political transformation implies something quite different than constructing a sense of political agency around issues of race, ethnicity, gender, etc. Contrary to ‘Shakespeare’s assertion that a rose by any other name would smell as sweet,’ it should be clear that this is not the case in political matters. Rather, in politics ‘the essence of the flower lies in the name by which it is called’ (Bannerji, 2000, p. 41). The task for progressives today is to seize the moment and plant the seeds for a political agenda that is grounded in historical possibilities and informed by a vision committed to overcoming exploitative conditions. These seeds, we would argue, must be derived from the tree of radical political economy. For the vast majority of people today—people of all ‘racial classifications or identities, all genders and sexual orientations’—the common frame of reference arcing across ‘difference’, the ‘concerns and aspirations that are most widely shared are those that are rooted in the common experience of everyday life shaped and constrained by political economy’ (Reed, 2000, p. xxvii). While post-Marxist advocates of the politics of ‘difference’ suggest that such a stance is outdated, we would argue that the categories which they have employed to analyze ‘the social’ are now losing their usefulness, particularly in light of actual contemporary ‘social movements.’ All over the globe, there are large anti-capitalist movements afoot. In February 2002, chants of ‘Another World Is Possible’ became the theme of protests in Porto Allegre. It seems that those people struggling in the streets haven’t read about T.I.N.A., the end of grand narratives of emancipation, or the decentering of capitalism. It seems as though the struggle for basic survival and some semblance of human dignity in the mean streets of the dystopian metropoles doesn’t permit much time or opportunity to read the heady proclamations emanating from seminar rooms. As E. P. Thompson (1978, p. 11) once remarked, sometimes ‘experience walks in without knocking at the door, and announces deaths, crises of subsistence, trench warfare, unemployment, inflation, genocide.’ This, of course, does not mean that socialism will inevitably come about, yet a sense of its nascent promise animates current social movements. Indeed, noted historian Howard Zinn (2000, p. 20) recently pointed out that after years of single-issue organizing (i.e. the politics of difference), the WTO and other anti-corporate capitalist protests signaled a turning point in the ‘history of movements of recent decades,’ for it was the issue of ‘class’ that more than anything ‘bound everyone together.’ History, to paraphrase Thompson (1978, p. 25) doesn’t seem to be following Theory’s script. Our vision is informed by Marx's historical materialism and his revolutionary socialist humanism, which must not be conflated with liberal humanism. For left politics and pedagogy, a socialist humanist vision remains crucial, whose fundamental features include the creative potential of people to challenge collectively the circumstances that they inherit. This variant of humanism seeks to give expression to the pain, sorrow and degradation of the oppressed, those who labor under the ominous and ghastly cloak of ‘globalized’ capital. It calls for the transformation of those conditions that have prevented the bulk of humankind from fulfilling its potential. It vests its hope for change in the development of critical consciousness and social agents who make history, although not always in conditions of their choosing. The political goal of socialist humanism is, however, ‘not a resting in difference’ but rather ‘the emancipation of difference at the level of human mutuality and reciprocity.’ This would be a step forward for the ‘discovery or creation of our real differences which can only in the end be explored in reciprocal ways’ (Eagleton, 1996, p. 120). Above all else, the enduring relevance of a radical socialist pedagogy and politics is the centrality it accords to the interrogation of capitalism. We can no longer afford to remain indifferent to the horror and savagery committed by capitalist's barbaric machinations. We need to recognize that capitalist democracy is unrescuably contradictory in its own self-constitution. Capitalism and democracy cannot be translated into one another without profound efforts at manufacturing empty idealism. Committed Leftists must unrelentingly cultivate a democratic socialist vision that refuses to forget the ‘wretched of the earth,’ the children of the damned and the victims of the culture of silence—a task which requires more than abstruse convolutions and striking ironic poses in the agnostic arena of signifying practices. Leftists must illuminate the little shops of horror that lurk beneath ‘globalization’s’ shiny façade; they must challenge the true ‘evils’ that are manifest in the tentacles of global capitalism's reach. And, more than this, Leftists must search for the cracks in the edifice of globalized capitalism and shine light on those fissures that give birth to alternatives. Socialism today, undoubtedly, runs against the grain of received wisdom, but its vision of a vastly improved and freer arrangement of social relations beckons on the horizon. Its unwritten text is nascent in the present even as it exists among the fragments of history and the shards of distant memories. Its potential remains untapped and its promise needs to be redeemed.
15 -discussing and learning about neoliberalism is necessary to prevent the collapse of democracy—your author
16 -Giroux PhD. @ Carnegie-Mellon University, Global TV Network Chair Professorship at McMaster University in the English and Cultural Studies Department 2013 (Henry A., “Radial Democracy Against Cultures of Violence”, December 17, http://truth-out.org/opinion/item/20669-radical-democracy-against-cultures-of-violence//CB)
17 -Casino capitalism's paranoiac and increasingly repressive institutional and ideological apparatuses live in fear of dissent, critical rationality and the possibility of collective struggles moved by the desire for justice and a radical democracy. This is precisely where questions about education and resistance connect to broader debates about producing critical agents capable of acting as engaged and responsible citizens in a substantive democracy. Education matters not simply as a space where students can learn to read texts critically or cite the latest fashionable theorists but where they are taught to actually think critically and connect what they learn to the belief that democracy is desirable, possible and has to be defended and constantly renewed. And it is precisely this struggle over ideologies, modes of governance, and social relations that necessitates that educators, workers, young people, intellectuals, artists, journalists and others make clear that any attempt to develop a radical notion of democracy must be inextricably tied to a defense of those institutions where critical thinking, informed dialogue and the resurrection of critical agency become possible. It must also be seen as a site of constant struggle. As Chantal Mouffe argues: "Democracy is something uncertain and improbable and must never be taken for granted. It is an always fragile conquest that needs to be defended as well as deepened. There is no threshold of democracy that, once reached, will guarantee its continued existence."17 In the current historical moment, democracy is not in peril because it has been taken for granted, but because under the various regimes of neoliberalism it is viewed as an excess, a burden, a pathology and a potential threat to the corporate and financial elite. Democracy harbors a political antibody to the concentration of power that now abhors its ideals and discourse of equality, justice, and freedom - made evident in the various revolts and insurrections among young people, workers, and others taking place all over the globe. Given the current crisis, educators, artists, intellectuals, youth and workers need a new political and pedagogical language for addressing the changing contexts and issues facing a world in which capital draws upon an unprecedented, ruthless appropriation of resources - financial, cultural, political, economic, scientific, military and technological -to exercise powerful and diverse forms of control. Theorists such as Stanley Aronowitz, Angela Davis, Michael Albert, Michael Yates, Richard Wolff, Bill McKibben, Dorothy Roberts, Michelle Alexander and Michael Lerner have made invaluable contributions toward rethinking the role of labor, abolishing the prison-industrial complex, decoupling capitalism from the war machine, abolishing the world-wide gap between the rich and the poor, addressing ecological sustainability, championing women's rights and the need for a new Marshall Plan. All of these theorists share a recognition that democracy is under siege all over the globe by the forces of neoliberalism and that it is time to reclaim its most noble and promising ideals and practices. All of them have suggested a need to reclaim democracy as a radical rather than liberal ideology, mode of governance, and set of policies. C. Douglas Lummis is right in arguing that "Democracy was once a word of the people, a critical word, a revolutionary word. It has been stolen by those who would rule over the people, to add legitimacy to their rule. It is time to take it back."18 If educators and others are to counter global capitalism's increased efforts to eviscerate democracy as a result of separating the traditional sphere of politics from the now transnational reach of power, it is crucial for them and other cultural workers to develop a political language and educational approaches that reject a collapse of the distinction between market liberties and civil liberties, a market economy and a market society. This suggests developing public spheres capable of constructing forms of moral and political agency willing to challenge neoliberalism and other antidemocratic traditions, including the increasing criminalization of social problems such as homelessness, while resurrecting a radical democratic project that provides the basis for imagining a life beyond the dream-world of capitalism. Once again, under such circumstances, education becomes more than a business, an obsession with accountability schemes, measurable utility, authoritarian governing structures, a crude empiricism for defining what counts as research, and a site for simply delineating students as consumers and training them for the workforce. At stake here is the need to recognize and assert the power of schooling, public pedagogy, and the educational influence of the alternative public spheres. Such educational forces are crucial to produce the formative cultures capable of producing the subjectivities, identities, dispositions and capacities necessary to both challenge the various threats being mobilized against the very idea of justice and democracy while also fighting for those ideals, values and policies that offer alternative modes of identity, social relations and politics. More specifically, any viable vision of radical democracy must acknowledge that the foundation for a radical democracy is rooted not merely in economics but in the realm of beliefs, without which there is neither a discourse of critique nor a sense of utopian possibility.
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1 -2017-02-18 18:57:49.221
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1 -Janet Novack
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1 -Ridge AL
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1 -Harvard
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1 -5,6,7,8
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1 -2016-12-02 00:53:29.0
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1 -Thomas Phung
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1 -Kent Denver SL
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1 -2016-12-03 01:00:40.0
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1 -c
1 +Thomas Phung
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1 -Finals
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1 -2017-01-28 15:26:06.0
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1 -Sazbel
1 +Thomas Phung
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1 -Stuyvesant KF
1 +Kent Denver SL
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1 -killjoy
1 +4 off
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1 -Emory
1 +Alta
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1 -2017-02-18 18:57:46.0
1 +2016-12-02 00:45:54.30
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1 -Janet Novack
1 +Thomas Phung
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1 -Ridge AL
1 +Kent Denver SL
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1 -2
1 +1
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1 -Giroux Journalism
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1 -Harvard
1 +Alta

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