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1		-XWiki.jmsimsrox@gmailcom
	1	+XWiki.celinexwei@gmailcom

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1		-=Part One is Framing=
	1	+= Part 1 is Framework =
2	2
3		-Debate is first an educational activity. We engage in debate for its educational merit and because it challenges us to critically engage in discourse through meaningful argumentation.
4	4
5		-====In order to reduce oppression, the educator~’s role should be to promote critical thinking with the student. Freire says:====
6		-Freire, Paulo. Pedagogy of the oppressed. ~~[New York~~]: Herder and Herder, 1970.
7		-But the hu~~[myn~~]ist, revolutionary educator cannot wait for this pos-sibility to materialize. From the outset, her efforts must coincide with those of the students to engage in critical thinking and the quest for mutual hu~~[myn~~]ization. His~~[her~~] efforts must be imbued with a profound trust in people and their creative power. To achieve this, they must be partners of the students in their relations with them.
	4	+==== The role of the judge is to endorse the best tangible policy that minimizes oppression ====
8	8
9		-
10		-====Through critically engaging, we can perceive change. The actions we take are based on our perceptions, and by combining reflection and action, we can further reduce oppression. The role of the judge should be to promote critical education with the students. Freire 2 says====
11		-Freire, Paulo. Pedagogy of the oppressed. ~~[New York~~]: Herder and Herder, 1970.
12		-In problem-posing education, people develop their power to perceive critically the way
	6	+Curry 14, Tommy, The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century, Victory Briefs, 2014,
	7	+Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real
13	13	AND
14		-from action, and thus establish an authentic form of thought and action.
	9	+used to currently justify the living wages in under our contemporary moral parameters.
15	15
16	16
17		-====Thus the role of the ballot is resisting structural violence. Reducing structural violence comes before large utilitarian impacts.====
	12	+==== The ROB is to minimize structural violence. ====
18	18
19	19
20		-====Policies are the most effective way to combat structural violence. Wynter and Leighton says:====
	15	+==== Structural violence dominates status quo policies, manifesting itself through a politics of disposability that smothers ethical and critical dialogue. Educational spaces are key to fighting back. ====
	16	+
	17	+Giroux 05, Henry, Held positions at Boston University, Miami University, and Penn State, The Curse of Totalitarianism and The Challenge of Critical Pedagogy, 2005, http://philosophersforchange.org/2015/10/13/the-curse-of-totalitarianism-and-the-challenge-of-critical-pedagogy
	18	+The forces of free-market fundamentalism are on the march ushering in a terrifying
	19	+AND
	20	+all, to make the world a more human dwelling place"?~~[7~~]
	21	+
	22	+
	23	+==== Combating structural violence brings us to normative frameworks, otherwise those who are outside our moral circle will never be included. Also, policies are the most effective way to combat structural violence. Wynter and Leighton says: ====
	24	+
21	21	"Peace, conflict, and violence: Peace psychology in the 21st century." Pg 4-5
22	22	Finally, to recognize the operation of structural violence forces us to ask questions about
23	23	AND
24	24	local cultures, will be our most surefooted path to building lasting peace.
25	25
26		-Structural violence is anything that restricts people from accessing social or political representation. Structural violence is the root cause of all oppression because it entrenches the system and establishes the hierarchy by which oppressive mindsets are justified. By aiming to break down norms of structural violence, we are best able to address the issue of oppression.
27	27
	31	+= Part 2 are the Harms =
28	28
29	29
30		-=Part Two is the Plan=
	34	+==== Structural violence is legally justified–police routinely violate the Fourth Amendment to use excessive force against black bodies ====
31	31
	36	+Drew Carbado 16, ~~[Honorable Harry Pregerson Professor of Law, UCLA~~], "Blue-on-Black Violence: A Provisional Model of Some of the Causes," Georgetown Law Journal Vo. 104, 2016. RFK
	37	+No single model can fully explain African-American vulnerability to police violence. At
	38	+AND
	39	+"a pattern of excessive force in violation of the Fourth Amendment. 2
32	32
33		-====Plan: The United States and Japan ought to prohibit the production of nuclear power.====
34	34
	42	+==== The "clearly established" standard as presently interpreted virtually guarantees qualified immunity so officers are almost never indicted ====
35	35
36		-===Contention 1: Nuclear Waste===
	44	+Drew Carbado 16, ~~[Honorable Harry Pregerson Professor of Law, UCLA~~], "Blue-on-Black Violence: A Provisional Model of Some of the Causes," Georgetown Law Journal Vo. 104, 2016. RFK
	45	+4 A second problem with the "clearly established" doctrine pertains to how courts
	46	+AND
	47	+a significant doctrinal hurdle to holding police officers accountable for acts of violence.
37	37
38	38
39		-====Subpoint A: Nuclear waste disposal on indigenous lands has had a huge impact on the basic health of native people, multiple studies show. **Lynch 14:====**
	50	+==== Not only do victims go without compensation, the "clearly established" right clause means courts can continue to avoid clarifying the scope of the law which prevents the law from ever becoming clearly established ====
	51	+
	52	+Alan K. Chen 15, ~~[professor of law at the University of Denver Sturm College of Law~~], "Qualified Immunity Limiting Access to Justice and Impeding Development of the Law," Human Rights Magazine Vol. 41, 2015.
	53	+Critics of qualified immunity point out that the breadth of the doctrine's protection means that
	54	+AND
	55	+F. App'x 852, 852–53 (4th Cir. 2009).
	56	+
	57	+
	58	+= Part 3 is the Plan =
	59	+
	60	+
	61	+==== Plan: The United States government ought to limit qualified immunity for police officers by changing the "clearly established right" clause to "clearly unconstitutional." ====
	62	+
	63	+Michael S. Catlett 05, ~~[JD, University of Arizona College of Law~~], "Clearly Not Established: Decisional Law and the Qualified Immunity Doctrine," Arizona Law Review Vol. 47, 2005. RFK
	64	+In trying to decide whether a constitutional right is "clearly established," courts should
	65	+AND
	66	+case?; 197 (4) How recently was the constitutional right pronounced?
	67	+
	68	+
	69	+==== Asking whether the defendant's actions were "clearly unconstitutional" as opposed to violating "clearly established rights" avoids legal technicalities that excuse egregious behavior ====
	70	+
	71	+John C. Jeffries 10, ~~[Professor, University of Virginia School of Law~~], Jr. "What's Wrong with Qualified Immunity," Florida Law Review, Vol. 62, September 2010. RFK
	72	+A second suggestion would be to change the doctrinal formula for qualified immunity. Rather
	73	+AND
	74	+would not be irrelevant in determining whether conduct is "clearly unconstitutional." 84
	75	+
	76	+
	77	+==== The plan changes culture – it is a form of social condemnation that validates the claims of the survivor. **Armacost 98** ====
	78	+
	79	+**
	80	+**Armacost 98 Barbara Armacost, Vanderbilt Law Review, April, 1998, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=90852, "Qualified Immunity: Ignorance Excused," WP**
	81	+If constitutional rights are especially valued in comparison with other kinds of rights, it
	82	+AND
	83	+in courts but through public reaction to reported allegations of clear constitutional impropriety.**
	84	+
	85	+
	86	+==== The plan fosters cooperation, which operates as a key check against police departments. De Stefan '16 ====
	87	+
	88	+Lindsey de Stefan - J.D. Candidate, 2017, Seton Hall University School of Law; B.A., Ramapo College of New Jersey. ""No Man Is Above the Law and No Man Is Below It:" How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct." The date is claimed to be 2017… but that's impossible. So it says it has had 360 downloads since July 26, 2016 which is when the article is most likely to have been assumed to be released on the website. Stetan Hall Law. http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1861&context=student_scholarship JJN
	89	+VI. Amending Qualified Immunity Doctrine as a Catalyst for Curbing Police Violence Altering the
	90	+AND
	91	+the most immediate way to rebuild trust and begin healing the citizenpolice relationship.
	92	+
	93	+
	94	+==== Limiting qualified immunity is essential to ensuring justice for police wrongdoing and having adequate judicial scrutiny. Bernick '15: ====
	95	+
	96	+Evan Bernick, "To Hold Police Accountable, Don't Give Them Immunity", Foundation for Economic Education, 05/06/2015, https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/
	97	+The sad fact is that is often effectively impossible to hold police officers accountable for
	98	+AND
	99	+granted, discovery stops, and there is no trial on the merits.
	100	+
	101	+= Part Two is the Plan =
	102	+
	103	+
	104	+==== Plan: The United States and Japan ought to prohibit the production of nuclear power. ====
	105	+
	106	+
	107	+=== Contention 1: Nuclear Waste ===
	108	+
	109	+
	110	+==== Subpoint A: Nuclear waste disposal on indigenous lands has had a huge impact on the basic health of native people, multiple studies show. **Lynch 14:** ====
	111	+
	112	+**
40	40	Michael J. Lynch (Professor of criminology and associated faculty member in the School of Global Sustainability at the University of South Florida). "Native American People, Environmental Health and Justice Issues." Green Criminology. 10 March 2014. JDN. http://greencriminology.org/glossary/native-american-people-environmental-health-and-justice-issues/
41	41	Native Americans face a number of environmental hazards and health issues that have been imposed
42	42	AND
43		-that environmental injustice that Native lands were targeted for nuclear waste disposal sites.
	116	+that environmental injustice that Native lands were targeted for nuclear waste disposal sites. **
44	44
45	45
46		-====Subpoint B: Even if there are no spills or accidents, toxic waste sites continually leak poison into the air and water, putting current and future people at grave risk. **Brook 98 explains:====**
	119	+==== Subpoint B: Even if there are no spills or accidents, toxic waste sites continually leak poison into the air and water, putting current and future people at grave risk. **Brook 98 explains:** ====
	120	+
	121	+**
47	47	Daniel Brook (Professor at University of California, Davis; PhD in sociology), "Environmental Genocide: Native Americans and Toxic Waste," American Journal of Economics and Sociology, Vol. 57, No. 1. January 1998. pp. 105-113, JDN. http://www.jstor.org/stable/pdfplus/3487423.pdf
48	48	Unfortunately, it is a sad but true fact that "virtually every landfill leaks
49	49	AND
50		-their earnings at the expense of health, safety, and the environment.
	125	+their earnings at the expense of health, safety, and the environment.**
51	51
52	52
53		-====Subpoint C: Japan~’s lowest caste suffers health risks from radiation. Shrader-Frechette 12 says====
54		- ~~[Kristin Shrader-Frechette, O~’Neill Family Endowed Professor, Department of Biological Sciences and Department of Philosophy, and also the director of the Center for Environmental Justice and Children~’s Health, at the University of Notre Dame, "Nuclear Catastrophe, Disaster-Related Environmental Injustice, and Fukushima, Japan: PrimaFacie Evidence for a Japanese ~’~’Katrina~’~’" ENVIRONMENTAL JUSTICE Volume 5, Number 3, 2012~~] ~~[Premier~~]
	128	+==== Subpoint C: Japan’s lowest caste suffers health risks from radiation. Shrader-Frechette 12 says ====
	129	+
	130	+ ~~[Kristin Shrader-Frechette, O’Neill Family Endowed Professor, Department of Biological Sciences and Department of Philosophy, and also the director of the Center for Environmental Justice and Children’s Health, at the University of Notre Dame, "Nuclear Catastrophe, Disaster-Related Environmental Injustice, and Fukushima, Japan: PrimaFacie Evidence for a Japanese ’’Katrina’’" ENVIRONMENTAL JUSTICE Volume 5, Number 3, 2012~~] ~~[Premier~~]
55	55	Prima-facie evidence likewise shows buraku nuclear workers are both EI and DREI victims
56	56	AND
57	57	a fact also suggesting prima-facie DREI toward buraku.67,68
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58	58
59	59
60	60
61		-===Contention 2: Accidents===
	137	+=== Contention 2: Accidents ===
62	62
63		-**====Subpoint A: Nuclear accidents would disproportionately harm society~’s least advantaged. Cousins et al. 13 explains:====**
	139	+**====Subpoint A: Nuclear accidents would disproportionately harm society’s least advantaged. Cousins et al. 13 explains:====**
64	64	Elicia Cousins, Claire Karban, Fay Li, and Marianna Zapanta (Carleton College, Environmental Studies Comprehensive Project). "Nuclear Power and Environmental Justice: A Mixed-Methods Study of Risk, Vulnerability, and the Victim Experience." Carleton College. 2013. JDN. https://apps.carleton.edu/curricular/ents/assets/Cousins_Karban_Li_Zapanta.pdf
65	65	From a Rawlsian perspective, there are injustices in the distribution of harms posed by
66	66	AND
...	...	@@ -67,17 +67,19 @@
67	67	of existing problems of injustice, and guide policy to create appropriate solutions.
68	68
69	69
70		-====Subpoint B: Evident in Japan. The poor received poor treatment in the aftermath of Fukushima. Shrader-Frechette 12====
71		-~~[Kristin Shrader-Frechette, O~’Neill Family Endowed Professor, Department of Biological Sciences and Department of Philosophy, and also the director of the Center for Environmental Justice and Children~’s Health, at the University of Notre Dame, "Nuclear Catastrophe, Disaster-Related Environmental Injustice, and Fukushima, Japan: PrimaFacie Evidence for a Japanese ~’~’Katrina~’~’" ENVIRONMENTAL JUSTICE Volume 5, Number 3, 2012~~] ~~[Premier~~]
	146	+==== Subpoint B: Evident in Japan. The poor received poor treatment in the aftermath of Fukushima. Shrader-Frechette 12 ====
	147	+
	148	+~~[Kristin Shrader-Frechette, O’Neill Family Endowed Professor, Department of Biological Sciences and Department of Philosophy, and also the director of the Center for Environmental Justice and Children’s Health, at the University of Notre Dame, "Nuclear Catastrophe, Disaster-Related Environmental Injustice, and Fukushima, Japan: PrimaFacie Evidence for a Japanese ’’Katrina’’" ENVIRONMENTAL JUSTICE Volume 5, Number 3, 2012~~] ~~[Premier~~]
72	72	University scientists, nuclear-industry experts, and physicians say FD radiation will cause
73	73	AND
74	74	are EI victims whose reactor proximity caused them also to become DREI victims.
75	75
76	76
77		-=Underview=
	154	+= Underview =
78	78
79	79
80		-====Nuclear power isn~’t a long term solution to replace coal power - only enough fuel for 4 years. ====
	157	+==== Nuclear power isn’t a long term solution to replace coal power - only enough fuel for 4 years. ====
	158	+
81	81	Caldicott, 5.
82	82	(Helen, the Australian, April 15. "Nuclear Power is the Problem, Not a Solution" http://www.commondreams.org/views05/0415-23.htm, founder and president of the Nuclear Policy Research Institute)
83	83	At present there are 442 nuclear reactors in operation around the world. If,
...	...	@@ -85,7 +85,8 @@
85	85	enough economically viable uranium to fuel the reactors for three to four years.
86	86
87	87
88		-====Plants can~’t be built fast enough to stop warming====
	166	+==== Plants can’t be built fast enough to stop warming ====
	167	+
89	89	CSM 2007 ~~[Mark Clayton, staff, September 28, accessed 7/17/08 http://www.csmonitor.com/2007/0928/p01s05-usgn.html~~]
90	90	The risks might be worth the cost if nuclear power can have a substantial impact
91	91	AND
...	...	@@ -92,14 +92,16 @@
92	92	capacity expected to be retired during that time, the Keystone report said.
93	93
94	94
95		-====Nuclear power puts CO,,2,,into,,,,the atmosphere====
96		-<Women~’s International League of Peace and Freedom (WILPF), October 2007; WILPF is part of the international women~’s peace organization established in 1915 to ~’bring together women of different political beliefs and philosophies who are united in their determination to study, make known and help abolish the causes and the legitimization of war~’. There are WILPF groups in 42 countries including the U.S.; http://www.wilpf.org.au/PDFs/Nuclear_Awareness_WILPF_2007.pdf>
	174	+==== Nuclear power puts CO,,2,,intothe atmosphere ====
	175	+
	176	+<Women’s International League of Peace and Freedom (WILPF), October 2007; WILPF is part of the international women’s peace organization established in 1915 to ’bring together women of different political beliefs and philosophies who are united in their determination to study, make known and help abolish the causes and the legitimization of war’. There are WILPF groups in 42 countries including the U.S.; http://www.wilpf.org.au/PDFs/Nuclear_Awareness_WILPF_2007.pdf>
97	97	Large amounts of electricity, petrol/diesel, and water are consumed in the
98	98	AND
99	99	rods and other high-level radioactive waste generated from the nuclear cycle.
100	100
101	101
102		-====Err aff on evidence comparison. Government and industry studies have been known to fabricate evidence. Schrader Frechette 8 says====
	182	+==== Err aff on evidence comparison. Government and industry studies have been known to fabricate evidence. Schrader Frechette 8 says ====
	183	+
103	103	Kristin Shrader-Frechette teaches biological sciences and philosophy at the University of Notre Dame. Her latest book, Taking Action, Saving Lives: Our Duties to Protect Environmental and Public Health (Oxford University Press, 2007), has been nominated for a National Book Award. http://americamagazine.org/issue/660/article/five-myths-about-nuclear-energy
104	104	Atomic energy is among the most impractical and risky of available fuel sources. Private
105	105	AND