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... ... @@ -1,23 +1,0 @@ 1 -Reform within the corporatized university is impossible – the university is built to make speech seem effective, when in reality the university plays a central role in the knowledge is turned into a commodity. Only a direct and unflinching critique of class can solve. The critique turns the case - Monzó 14 2 - 3 -Monzó, Lilia D Chapman University, California, United States. "A critical pedagogy for democracy: Confronting higher education’s neoliberal agenda with a critical Latina feminist episteme." Journal for Critical Education Policy Studies (JCEPS) 12.1 (2014): 73-100. 4 - 5 -In this contradictory version of Freirian thought, praxis becomes civic engagement that focuses¶ solely on reforms that increase opportunities within the existing capitalist system. Such efforts¶ alone obfuscate the role of class and unwittingly support the existing structure by treating¶ capitalism as a proverbial and impermeable reality or suggesting that minimizing inequalities is¶ both possible and sufficient to creating a just society. Within this liberal agenda, terms such as¶ liberation and freedom index narrow political conceptions such as freedom of speech and¶ freedom of the press – ideologies associated with “democratic” advanced capitalist societies that¶ while important do not address the most fundamental human right – the freedom from necessity¶ and from alienation. A socialist democracy that emphasizes freedom and participation among all¶ citizens, regardless of gender, race, or other social positioning is untenable within a capitalist¶ economy. The extreme and widening gap between the wealthy and the poor, the focus on labor¶ power as opposed to real power, the extortion of surplus value off the poor to maximize profits¶ for the wealthy, the relegation of poverty and a hyper exploitation of racialized communities and especially women of color in the U.S. and across the world, and the alienation experienced by all¶ human beings are incompatible with a democratic way of life.¶ Revolutionary critical pedagogy as developed by Paula Allman, Peter McLaren, and others¶ reinserts a fundamental Marxist emphasis on interrogating and transforming the totalizing nature¶ of capitalism that engulfs humanity through not only political economy but social and cultural¶ relations. These scholars reject and critique the liberal trend to reform, recognizing these as¶ unable to stop the destruction that is inherent in the labor capital social relation calling instead¶ for creating the conditions for revolutionary change that would transform the forces of¶ production outside of capital’s value form. Revolutionary critical pedagogues call for a¶ “collective struggle” across racial, ethnic, gender, and national lines (Darder, 2014). They¶ understand that while racism and patriarchy must be fought these struggles alone will not end¶ human suffering and exploitation. As Darder and Torres (2004) argue, as long as there exists a¶ need for a mass of exploited workers as is needed under capitalism, these will undoubtedly be¶ made of predominantly racialized minorities who have been made thus in order to preserve the¶ dominance of an elite white transnational capitalist class. Racism is not an accident but an¶ orchestrated material reality that hides the role of the capitalist class and sets up workers of “said¶ working class and middle class sectors” to compete with each other for presumed less¶ exploitative jobs, educational opportunities, and a myriad of other social and economic resources¶ all the while the capitalists who own the bulk of the worlds resources are rarely considered in the¶ equation, must less confronted. Likewise, struggles against patriarchy cannot be forged without¶ forging a struggle against capitalism since the exploitation of women in the U.S. and across the¶ world is an important source of capital accumulation of transnational corporations. Thus, while I¶ champion struggles that confront racial and gender oppression and also work to mitigate¶ conditions of exploitation, I also argue that these struggles must be simultaneously accompanied¶ by and conjoined with broader struggles against the capitalist class that aim to transform existing¶ social relations of production. I reject the domesticated version of critical pedagogy discussed¶ earlier in favor of a Marxist revolutionary critical pedagogy that is based on developing clarity¶ rather than charity in which human beings are liberated from wage slavery through a process that¶ necessitates – demands – revolution (Freire, 1970). According to Freire (1970), the oppressed are tasked with forging this revolution because they¶ have insights into the nature of oppression that are necessarily hidden from the dominant group.¶ Thus, the participation of non-dominant groups in the decision-making of our society is a critical¶ component of advancing democracy. If democracy embodies the notion that the diverse¶ perspectives of different individuals and groups add to our collective understanding of society¶ and to moving us forward as human beings, then we must recognize the need to bring the diverse¶ epistemes of women, people of color and other marginalized groups into the spaces that¶ legitimize knowledge – specifically, the university. The university plays a central role in the production of legitimate knowledge. While some have¶ celebrated its historical role in the “advancement” of society through teaching and scholarship,¶ others have called it an “ivory tower” espousing to a presumed superior Eurocentric episteme¶ and positioned outside the sphere of the commons (Basole, 2009). Miller (2009) points out that¶ the university, since inception, has been complicit with the state in promoting cultural¶ imperialism and supporting research that responded to the state’s economic and political ends.¶ Yet in so far as its rhetoric of “academic freedom” must be maintained in order to suppress its¶ relationship to capital interests, it provides the spaces for dissent among faculty and students.¶ Indeed one of the fundamental functions of the university is social critique. University students,¶ energized by their newfound critical acumen, have often been the first in society to vociferously¶ exclaim their outrage in protests and other rebellions (Zill, 2011).¶ The rise of neoliberalism, however, has led to the corporatization of the university and to what is¶ being called “knowledge capitalism,” which has strengthened existing ties between universities¶ and capital interests and dangerously undermining the role of the university as the context with¶ the greatest potential to address social problems and equality. Mike Peters (2011) points out that¶ universities are increasingly clamoring to join the game of marketization, selling themselves to¶ students and investors with consequences to program development, curriculum, and research.¶ Indeed many university presidents now sit on boards of corporations, which could mean conflicts¶ of interest with respect to what the university’s goals are in terms of either advancing the ideals¶ of democracy or corporate interests. It would seem that the latter is winning out. Rather than a social service to society, education is increasingly seen as a highly lucrative commodity¶ purchased by students at grotesquely huge tuitions that will leave students in debt for years to¶ come. Students are, thus, seen as a large source of revenue for banks and other financial¶ institutions.¶ The neoliberal emphasis on privatization, standardization, and accountability is increasingly¶ witnessed at both structural levels and in programmatic and curriculum planning. Similar to the¶ dehumanizing ethic of many transnational corporations that have moved their factories to the so¶ called “third world” to maximize their profits through cheap labor, a number of U.S. universities¶ are seeking new markets for exploitation in the “developing” world where local faculty are often¶ hired at very low wages and as part timers without job security (Ross, 2009). While some may¶ argue that providing university education to students in these countries is a moral imperative, an¶ important concern is how this “offshoring” may result in further distribution of western¶ knowledge systems in non-western countries. In a similar vein, we are also seeing fewer tenure¶ line positions and an increase of poorly paid adjunct positions in U.S. campuses.¶ Faculty research and other scholarly projects are increasingly being reshaped to become more¶ palatable to the business community or boards of trustees. Further impacting faculty are the¶ increasing demands for increased productivity in the form of publications in specialized¶ academic journals, closely tied to tenure and promotion decisions. This increased output and¶ competition are creating a proliferation of journals and articles for consumption that do not¶ necessarily strengthen quality and instead put tremendous pressure and increased workloads on¶ faculty. The standardization of productivity that facilitates accountability has led to a narrowing¶ of what counts as knowledge, with a return to notions of objective and measurable research being¶ considered more rigorous and scientific than qualitative and participatory approaches.¶ The corporate university necessarily functions to prepare students and society to participate in a¶ market economy. However, while the university does prepare citizens to fill jobs it must also¶ engage students in questioning and critiquing the existing structures of society, to recognize and¶ confront policies and practices that are undemocratic, and to learn to imagine and conceive of¶ alternatives that may bring greater equality and a new social order. When what is taught and learned becomes significantly determined through business interests it is difficult for the¶ university to retain autonomy toward these ends as they prove to be in direct conflict to capital¶ interests (Giroux, 2009). 6 - 7 - 8 -Protests are a reactive form of politics that cede political instiutions – independently turns the case. Srniceke 15 9 -Srnicek, PHD, and Williams, PhD Candidate , 15 10 -(Nick, PhD IR @LSE, Alex, Inventing the Future: Postcapitalism and a world without work) 11 -Today it appears that the greatest amount of effort is needed to achieve the smallest degree of change. Millions march against the Iraq War, yet it goes ahead as planned. Hundreds of thousands protest austerity, but unprecedented budget cuts continue. Repeated student protests, occupations and riots struggle against rises in tuition fees, but they continue their inexorable advance. Around the world, people set up protest camps and mobilise against economic inequality, but the gap between the rich and the poor keeps growing. From the alter-globalisation struggles of the late 1990s, through the antiwar and ecological coalitions of the early 2000s, and into the new student uprisings and Occupy movements since 2008, a common pattern emerges: resistance struggles rise rapidly, mobilise increasingly large numbers of people, and yet fade away only to be replaced by a renewed sense of apathy, melancholy and defeat. Despite the desires of millions for a better world, the effects of these movements prove minimal. A FUNNY THING HAPPENED ON THE WAY TO THE PROTEST Failure permeates this cycle of struggles, and as a result, many of the tactics on the contemporary left have taken on a ritualistic nature, laden with a heavy dose of fatalism. The dominant tactics - protesting, marching, occupying, and various other forms of direct action - have become part of a well established narrative, with the people and the police each playing their assigned roles. The limits of these actions are particularly visible in those brief moments when the script changes. As one activist puts it, of a protest at the 2001 Summit of the Americas: On April 20, the first day of the demonstrations, we marched in our thousands towards the fence, behind which 34 heads of state had gathered to hammer out a hemispheric trade deal. Under a hail of catapult-launched teddy bears, activists dressed in black quickly removed the fence’s supports with bolt cutters and pulled it down with grapples as onlookers cheered them on. For a brief moment, nothing stood between us and the convention centre. We scrambled atop the toppled fence, but for the most part we went no further, as if our intention all along had been simply to replace the state's chain-link and concrete barrier with a human one of our own making.1 We see here the symbolic and ritualistic nature of the actions, combined with the thrill of having done something - but with a deep uncertainty that appears at the first break with the expected narrative. The role of dutiful protestor had given these activists no indication of what to do when the barriers fell. Spectacular political confrontations like the Stop the War marches, the now-familiar melees against the G20 or World Trade Organization and the rousing scenes of democracy in Occupy Wall Street all give the appearance of being highly significant, as if something were genuinely at stake.2 Yet nothing changed, and long-term victories were traded for a simple registration of discontent. To outside observers, it is often not even clear what the movements want, beyond expressing a generalised discontent with the world. The contemporary protest has become a melange of wild and varied demands. The 2009 G20 summit in London, for instance, featured protestors marching for issues that spanned from grandiose anti-capitalist stipulations to modest goals centred on more local issues. When demands can be discerned at all, they usually fail to articulate anything substantial. They are often nothing more than empty slogans - as meaningful as calling for world peace. In more recent struggles, the very idea of making demands has been questioned. The Occupy movement infamously struggled to articulate meaningful goals, worried that anything too substantial would be divisive.5 And a broad range of student occupations across the Western world has taken up the mantra of ‘no demands’ under the misguided belief that demanding nothing is a radical act.4 When asked what the ultimate upshot of these actions has been, participants differ between admitting to a general sense of futility and pointing to the radicalisation of those who took part. If we look at protests today as an exercise in public awareness, they appear to have had mixed success at best. Their messages are mangled by an unsympathetic media smitten by images of property destruction - assuming that the media even acknowledges a form of contention that has become increasingly repetitive and boring. Some argue that, rather than trying to achieve a certain end, these movements, protests and occupations in fact exist only for their own sake.5 The aim in this case is to achieve a certain transformation of the participants, and create a space outside of the usual operations of power. While there is a degree of truth to this, things like protest camps tend to remain ephemeral, small-scale and ultimately unable to challenge the larger structures of the neoliberal economic system. This is politics transmuted into pastime - politics-as-drug experience, perhaps - rather than anything capable of transforming society. Such protests are registered only in the minds of their participants, bypassing any transformation of social structures. While these efforts at radicalisation and awareness-raising are undoubtedly important to some degree, there still remains the question of exactly when these sequences might pay off. Is there a point at which a critical mass of consciousness-raising will be ready for action? Protests can build connections, encourage hope and remind people of their power. Yet, beyond these transient feelings, politics still demands the exercise of that power, lest these affective bonds go to waste. If we will not act after one of the largest crises of capitalism, then when? The emphasis on the affective aspects of protests plays into a broader trend that has come to privilege the affective as the site of real politics. Bodily, emotional and visceral elements come to replace and stymie (rather than complement and enhance) more abstract analysis. The contemporary landscape of social media, for example, is littered with the bitter fallout from an endless torrent of outrage and anger. Given the individualism of current social media platforms - premised on the maintenance of an online identity - it is perhaps no surprise to see online ‘politics’ tend towards the selfpresentation of moral purity. We are more concerned to appear right than to think about the conditions of political change. Yet these daily outrages pass as rapidly as they emerge, and we are soon on to the next vitriolic crusade. In other places, public demonstrations of empathy with those suffering replace more finely tuned analysis, resulting in hasty or misplaced action - or none at all. While politics always has a relationship to emotion and sensation (to hope or anger, fear or outrage), when taken as the primary mode of politics, these impulses can lead to deeply perverse results. In a famous example, 1985's Live Aid raised huge amounts of money for famine relief through a combination of heartstring-tugging imagery and emotionally manipulative celebrity-led events. The sense of emergency demanded urgent action, at the expense of thought. Yet the money raised actually extended the civil war causing the famine, by allowing rebel militias to use the food aid to support themselves.6 While viewers at home felt comforted they were doing something rather than nothing, a dispassionate analysis revealed that they had in fact contributed to the problem. These unintended outcomes become even more pervasive as the targets of action grow larger and more abstract. If politics without passion leads to cold-hearted, bureaucratic technocracy, then passion bereft of analysis risks becoming a libidinally driven surrogate for effective action. Politics comes to be about feelings of personal empowerment, masking an absence of strategic gains. Perhaps most depressing, even when movements have some successes, they are in the context of overwhelming losses. Residents across the UK, for example, have successfully mobilised in particular cases to stop the closure of local hospitals. Yet these real successes are overwhelmed by larger plans to gut and privatise the National Health Service. Similarly, recent anti-fracking movements have been able to stop test drilling in various localities - but governments nevertheless continue to search for shale gas resources and provide support for companies to do so.7 In the United States, various movements to stop evictions in the wake of the housing crisis have made real gains in terms of keeping people in their homes.8 Yet the perpetrators of the subprime mortgage debacle continue to reap the profits, waves of foreclosures continue to sweep across the country, and rents continue to surge across the urban world. Small successes - useful, no doubt, for instilling a sense of hope - nevertheless wither in the face of overwhelming losses. Even the most optimistic activist falters in the face of struggles that continue to fail. In other cases, well-intentioned projects like Rolling Jubilee strive to escape the spell of neoliberal common sense.9 The ostensibly radical aim of crowdsourcing money to pay the debts of the underprivileged means buying into a system of voluntary charity and redistribution, as well as accepting the legitimacy of the debt in the first place. In this respect, the initiative is one among a larger group of projects that act simply as crisis responses to the faltering of state services. These are survival mechanisms, not a desirable vision for the future. What can we conclude from all of this? The recent cycle of struggles has to be identified as one of overarching failure, despite a multitude of smallscale successes and moments of large-scale mobilisation. The question that any analysis of the left today must grapple with is simply: What has gone wrong? It is undeniable that heightened repression by states and the increased power of corporations have played a significant role in weakening the power of the left. Still, it remains debatable whether the repression faced by workers, the precarity of the masses and the power of capitalists is any greater than it was in the late nineteenth century. Workers then were still struggling for basic rights, often against states more than willing to use lethal violence against them.10 But whereas that period saw mass mobilisation, general strikes, militant labour and radical women’s organisations all achieving real and lasting successes, today is defined by their absence. The recent weakness of the left cannot simply be chalked up to increased state and capitalist repression: an honest reckoning must accept that problems also lie within the left. One key problem is a widespread and uncritical acceptance of what we call ‘folk-political’ thinking. (5-9) 12 - 13 -Their activism is based on the idea that speaking loud enough will make our voices heard – this solidifies cap. Rickford 16 14 -Russel Rickford (an associate professor of history at Cornell University. He is the author of We Are an African People: Independent Education, Black Power, and the Radical Imagination. A specialist on the Black Radical Tradition, he teaches about social movements, black transnationalism, and African-American political culture after World War Two). “The Fallacies of Neoliberal Protest”. Black Perspectives. September 24, 2016. http://www.aaihs.org/the-fallacies-of-neoliberal-protest/ AGM 15 - 16 -Fallacy Number Three: The Myth of the Disembodied Voice. Part of capitalism’s response to grassroots opposition is to assure the distressed that their “voice” is heard. That the authorities who “hear” you also enable your brutalization is immaterial. The point is to convince you of your continued stake in the system. It is to guide you toward the politics of representation and away from the politics of resistance. Of course, there are other fallacies employed by the oppressor to confuse the oppressed. The fallacy of inclusion v. transformation, for example. Or the fallacy of “diversity” v. genuine antiracism. We are taught to be patriotic, to be patient, to strive to embody the very values of peace and goodwill that this society defiles. These and other myths only perpetuate the system. They leave intact our society’s basic power relations. And they cause us to police ourselves and to seek interpersonal reconciliation rather than confront structural racism and oppression. Truth is, we don’t need “diversity” training. We don’t need focus groups. We don’t need consultants and experts. We don’t need the apparatus of our oppression—racial capitalism itself—to rationalize and regulate our dissent. The logic and techniques of the corporate world won’t end the slaughter of black people, or the dispossession and degradation of indigenous people, or the transformation of the entire Global South into a charred landscape of corpses and refugees. We need an uncompromising, multiracial, grassroots movement against white supremacy, endless war, and vicious corporate capitalism. We need to build solidarity with the resistance in Charlotte, Standing Rock, and Puerto Rico. We need to join the rebellions of workers and the colonized all over the world.This is a human rights struggle. And it will be waged in the streets, not in boardrooms, the halls of Congress, or other strongholds of global capital. 17 -The alternative is a relentless class-based politics that works against the university’s economic underpinnings – only engaging in a critique that focuses on the economic forces at play in public universities can we resolve capitalism. Oparah 14 18 -Oparah, Julia. Professor and Chair of Ethnic Studies at Mills College and a founding member of Black Women Birthing Justice "Challenging Complicity: The Neoliberal University and the Prison–Industrial Complex." The Imperial University: Academic Repression and Scholarly Dissent (2014). 19 -¶ In my earlier work on the academic-prison-industrial complex, I suggested that activist scholars were producing and disseminating countercarceral knowledge by bringing academic research into alignment with the needs of social movements and interrogating and reorganizing relationships between prisoners and researchers in the free world.50 Given the history of epistemic and physical violence and exploitation of research subjects by the academy, such a reorganizing of relationships and accountabilities is clearly urgently needed. Yet no matter how radical and participatory our scholarship is, we ultimately fail to dismantle the academic-military-prison-industrial com- plex (academic-MPIC) if we address it only through the production of more knowledge. Since knowledge is a commodity, marketed through books, arti- cles, and conferences as well as patents and government contracts, the pro- duction of “better,” more progressive or countercarceral knowledge can also be co-opted and put to work by the academic-MPIC.¶ An abolitionist lens provides a helpful framework here. Antiprison schol- ars and activists have embraced the concept of abolition in order to draw attention to the unfinished liberation legislated by the Thirteenth Amend- ment, which abolished slavery “except as a punishment for a crime.”51 Aboli- tionists do not seek primarily to reform prisons or to improve conditions for prisoners; instead they argue that only by abolishing imprisonment will we free up the resources and imagine the possibility of more effective and less violent strategies to deal with the social problems signaled by harmful acts. While early abolitionists referred to themselves as prison abolitionists, more recently there has been a shift to prison-industrial complex abolitionism to expand the analysis of the movement to incorporate other carceral spaces— from immigrant detention centers to psychiatric hospitals—and to empha- size the role of other actors, including the police and courts, politicians, corporations, the media, and the military, in sustaining mass incarceration.52¶ How does an abolitionist lens assist us in assessing responses to the academic-MPIC? First, it draws our attention to the economic basis of the academic-MPIC and pushes us to attack the materiality of the militari- zation and prisonization of academia rather than limiting our interventions to the realm of ideas. This means that we must challenge the corporatization of our universities and colleges and question what influences and account- abilities are being introduced by our increasing collaboration with neoliberal global capital. It also means that we must dismantle those complicities and liberate the academy from its role as handmaiden to neoliberal globaliza- tion, militarism, and empire. In practice, this means interrogating our uni- versities’ and colleges’ investment decisions, demanding they divest from the military, security, and prison industries; distance themselves from military occupations in Southwest Asia and the Middle East; and invest instead in community-led sustainable economic development. It means facing allega- tions of disloyalty to our employers or alma maters as we blow the whistle on unethical investments and the creeping encroachment of corporate fund- ing, practices, and priorities. It means standing up for a vision of the liberal arts that neither slavishly serves the interests of the new global order nor returns to its elitist origins but instead is deeply embedded in progressive movements and richly informed by collaborations with insurgent and activ- ist spaces. And it means facing the challenges that arise when our divest- ment from empire has real impact on the bottom line of our university and college budgets. 20 - 21 -And, reject the demand for a plan - neoliberalism operates through a narrow vision of politics that sustains itself through the illusion of pragmatism. We should refuse their demand for a plan. Blalock, JD, 2015 22 -(Corinne, “NEOLIBERALISM AND THE CRISIS OF LEGAL THEORY”, Duke University, LAW AND CONTEMPORARY PROBLEMS Vol. 77:71) MG from file 23 -RECOVERING LEGAL THEORY’S RELEVANCE? The lens of neoliberalism not only allows one to see how these narratives fit together to reveal a larger rationality but also to understand why the solutions they propose fail to challenge or even escape that rationality. I address the three most prominent prescriptions being offered by critical legal scholars today: (1) a pragmatic turn to politics, (2) a return to more explicit normative and moral claims, and (3) acceptance in recognition that the decline is merely an ebb in the regular cycles of theory. A. Prescription: More Politics The most common prescription for recovering legal theory’s vibrancy is a greater participation in politics—scholars should eschew descriptive projects, especially those that might be used to bolster the conservative argument on an issue or in a case, as well as those critiques that appear purely academic, in favor of projects intended to influence the courts in progressive ways.134 One can certainly understand why this is a tempting prescription in light of the success of explicitly conservative legal theory and methods135 and concern that left-leaning legal academics have not taken up this charge.136 However, this demand for political engagement has unintended consequences: It legitimizes the current frameworks. As the Roberts Court further embraces neoliberal principles, persuading the Court means functioning within neoliberal logic and is therefore counterproductive for the revitalization of critical legal theory. Moreover, this political prescription tends to produce a reified notion of what counts as politics, limiting the political as well as intellectual potential of theoretical projects. For example, in the wake of the of the Court’s incremental move toward recognition of same-sex marriage in United States v. Windsor, 137 many progressive legal scholars have written on the subject hoping to nudge the Court toward full recognition. But in light of Nancy Fraser’s work, one should ask just what kind of recognition that would be—whether it would displace materialist claims or reify forms of identity.138 Full recognition of same-sex marriage is a destination toward which the Court is already heading and an area where the public discourse has largely already arrived. Emphasizing this area also participates in the ideology of erasure, leading many to believe that the current Court is making progressive interventions because it is progressive on identity and cultural issues, even though Windsor was handed down in a term in which the Court retrenched on significant materialist issues and embodied a number of blatantly neoliberal positions.139 Even if not writing for the Court, a legal scholar’s attempt to be useful to those in the profession who share her political goals risks constraining the legal profession and its own professional and disciplinary norms.140 In this way, the focus on concrete political effects helps foster legal thought’s “considerable capacity for resisting self-reflection and analysis,”141 which has only become more pronounced in the face of the neoliberalization of the academy as instrumental knowledge is increasingly privileged. When attempting to counter hegemony, what one needs to do is disrupt the legible—to expand the contours of what is considered political—not to accept the narrowly circumscribed zone of politics neoliberalism demarcates. Therefore, it is crucial not to judge critical legal scholarship according to whether its political impact is immediate or even known, and thus a turn to politics is not the remedy for legal theory’s marginalization. B. Prescription: More Normativity Some scholars recognize the danger of embracing a reified notion of politics that unwittingly reaffirms the status quo, and instead champion assertions of substantive morality to counteract the cold logics of pragmatism and efficiency.142 This proposed solution advocates a return to more substantive ideals of justice and equality. Although it may be true that change will ultimately require wresting these liberal and democratic ideals from neoliberalism and refilling their hollowed-out forms, this approach entails a number of pitfalls. The first is simply the inevitable question regarding moral claims: Whose morality is to be asserted? This question has created crisis on the left before, even producing some of the schisms among the crits recounted above. Neoliberalism does not have to contend with this issue—it foregrounds its formal nature and holds itself out as not needing to create a universal morality or set of values. More importantly, it claims to provide a structure in which one can keep one’s own substantive morals. Therefore, neoliberalism’s logic cannot be countered by moral claims without first disrupting its illusion of amorality. The ineffectiveness of the progressive critique of law and economics, based in claims of distributive justice and moral imperative, provides a clear example of how the neoliberal discourse can capture normative claims. The work of Martha McCluskey, one of the few legal scholars writing about neoliberalism in the domestic context over the last ten years, highlights the extent to which the “distributive justice” critique, which argues against the privileging of efficiency over equality and redistribution, fails to challenge the underlying logic.143 McCluskey illustrates how critics of law and economics who critique the approach’s inattention to redistribution have already ceded the central point, by arguing within the conventional views that “efficiency is about expanding the societal pie and redistribution is about dividing it.”144 “Neoliberalism’s disadvantage is not, as most critics worry, its inattention to redistribution, but to the contrary, its very obsession with redistribution as a distinctly seductive yet treacherous policy separate from efficiency.”145 In order to challenge this rationality, she explains, one cannot “misconstrue neoliberalism as a project to promote individual freedom and value-neutral economics at the expense of social responsibility and community morality.”146 One must instead recognize that neoliberalism has redefined social responsibility and community morality. Therefore, one must refuse the false dichotomy between the economic and cultural spheres (a division that allows the neoliberal discourse to displace cultural concerns to a moment after the economic concerns have been dealt with). Merely asserting the falsity of this separation is not sufficient. Neoliberalism has real effects in the world that strengthen its ideological claims.147 Therefore, it is not a struggle that can take place solely on the terrain of discourse or ideology. Like neoliberalism generally, law and economics does not hold itself out as infallible or as an embodiment of social ideals, but instead as the best society can do. It functions precisely on the logic that there is no alternative. Like Hayek’s theory, “law and economics is full of stories about how liberal rights and regulation designed to advance equality victimize the all-powerful market, undermining its promised rewards.”148 In light of this, it is a mistake to see neoliberalism as disavowing moral principles in favor of economic ones; it instead folds them into one another: “The Law and Economics movement is rooted in the moral ideal of the market as the social realization of individual liberty and popular democracy.”149 Neoliberalism’s approach presents itself not only as efficient, but also as just. Legal scholars need to recognize neoliberalism’s focus on the market is not only a form of morality, but also a powerful one. They cannot assume that in a battle of moralities the substantive communitarian ideal will win.150 Furthermore, the neoliberal framework, through its reconfiguration of the subject as an entrepreneur, justifies material inequalities—in contrast to liberalism’s mere blindness to them. Consequently, merely asserting the existence of material inequalities does not immediately undermine neoliberalism’s claims. Far from the engaged citizen who actively produces the polis in liberal theory, the neoliberal subject is a rational, calculating, and independent entity “whose moral autonomy is measured by her capacity for ‘self-care’—the ability to provide for her own needs and service her own ambitions.”151 The subject’s morality is not in relation to principles or ideals, but is “a matter of rational deliberation about costs, benefits, and consequences.”152 If efficiency is the morality of our time, the poor are cast not only as “undeserving” but also as morally bankrupt. Therefore, efficiency replaces not only political morality, but also all other forms of value. Therefore, critics are right that other forms of value have been crowded out; but the logic is deeper than they seem to realize. It goes beyond the scope of what is being done in the legal academy. It is a logic that organizes our time and therefore must be countered differently. More normativity is not the answer to legal theory’s marginalization because neoliberalism’s logic can accommodate even radically contradictory moralities under its claims of moral pluralism. Ethical claims of justice and community may need to be made, but one must first recognize that countering hegemony is harder than merely articulating an alternative; hegemony must be disrupted first. Disrupting neoliberalism’s logic thus entails not only recognizing that neoliberalism has a morality, but also taking that morality seriously. C. Prescription: Acceptance The final response of legal theorists to their field’s marginalization is to dismiss it as merely the regular ebb and flow of theory’s prominence.153 Putting it in terms of Thomas Kuhn’s theory of paradigm shifts, the contemporary moment is just the “normal science” of the paradigm brought about by the crits’ revolutionary moment in the 1970s and 1980s.154 The vitality, this narrative contends, will return when a competing paradigm emerges. There are several problems with this perspective on the decline. First, it entails an error in logic insofar as it takes an external perspective. Legal theory does not inevitably rise and fall but only according to the work being produced; or, to put it another way, this descriptive account of theory’s ebb can be a selffulfilling prophecy insofar as it decreases scholars’ motivation to pursue and receptivity toward theoretical projects. Second, legal scholars cannot be content with normal science when it has the kinds of consequences for democracy and economic inequality that neoliberal hegemony does. The Court is currently entrenching these principles at an unprecedented rate in areas of free speech, equal protection, and antitrust to name a few.155 At first, such acceptance appears to be what Janet Halley is advocating in “taking a break from feminism,”156 but upon closer inspection it is not. Halley is cautioning against the left’s nostalgia—concluding that operating under the banner of feminism and a preoccupation with “reviving” feminism looks backward instead of forward.157 Critical legal scholarship instead needs to be “self-critical” and to recognize that “how we make and apply legal theory arises out of the circumstances in which we recognize problems and articulate solutions.”158 Theory must arise from engagement with the current circumstances. Acceptance cannot be the solution; legal theory must produce the momentum to move forward. VII CONCLUSION: WHERE WE GO FROM HERE The way forward cannot entail a return to reified notions of theory any more than by a return to reified notions of politics. Critical legal scholars should not attempt to revitalize previous critical movements but, instead, reinvigorate the practice of critique within the legal academy. A. Why Critique Naming neoliberalism is necessary in order to counteract it. Without explicit identification, there can be no truly oppositional position. It also makes legible connections that would otherwise go unseen, as was the case with scholars writing about the decline. But there must also be a step beyond naming: critique. Critique means taking neoliberal rationality seriously. The approach must not be dismissive, merely pointing out neoliberalism’s inconsistencies, but instead must recognize that neoliberal rationality is inherently appealing. One cannot merely indict efficiency as contrary to more substantive values, but one also must recognize that efficiency is inextricably tied to beliefs about liberty, dignity, and individual choice, as well as corresponding beliefs about the capacities and limits of the state to effectuate change. No one is arguing that neoliberalism is the best of all possible worlds; in fact, its power comes precisely from abandoning such a claim. In recognizing its hegemonic status, legal scholars can understand the critical task as being more than just demystification. Neoliberal does not paper over inequalities after all; it justifies them. Ultimately, critique should function as a means of opening the conversation in ways that go beyond the picture of law painted by the Roberts Court—to refuse to allow the legal academy to be merely mimetic of a Court that is clearly embracing a neoliberal vision. Critique provides a means of thinking about law as not limited by what the markets can tolerate; it is the means through which one can discover a form of resistance that goes beyond nostalgia for the liberal welfare state. And finally, critique is simply a means of asserting that things can be different than they are in a world that constantly insists that there is no alternative. - EntryDate
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... ... @@ -1,11 +1,0 @@ 1 -UN Security Council vote put US-Israeli relations on the brink Collinson et al 12/24 2 -“US abstains as UN demands end to Israeli settlements,” Stephen Collinson, David Wright, Elise Labott, 12/24/16, CNN. 3 -The United States on Friday allowed a UN Security Council resolution condemning Israeli settlement construction to be adopted, defying extraordinary pressure from Prime Minister Benjamin Netanyahu's government in alliance with President-elect Donald Trump. The Security Council approved the resolution with 14 votes, with the US abstaining. There was applause in the chamber following the vote, which represented perhaps the final bitter chapter in the years of antagonism between President Barack Obama's administration and Netanyahu's government. In an intense flurry of diplomacy that unfolded in the two days before the vote, a senior Israeli official had accused the United States of abandoning the Jewish state with its refusal to block the resolution with a veto.Trump had also inserted himself in the diplomatic drama, in defiance of the convention that the United States has only one president at a time, by calling on the Obama administration to wield its Security Council veto. Israel's UN ambassador, Danny Danon, reacted angrily to the vote and issued a sharp parting shot at the Obama administration's role. "It was to be expected that Israel's greatest ally would act in accordance with the values that we share and that they would have vetoed this disgraceful resolution. I have no doubt that the new US administration and the incoming UN Secretary General will usher in a new era in terms of the UN's relationship with Israel," he said. In a statement, Netanyahu's office accused the Obama administration of "colluding" with the UN and said it looked forward to working with Trump, as well as Israel-friendly members of Congress, "to negate the harmful effects of this absurd resolution." The US ambassador to the UN, Samantha Power, raised her hand to abstain in the chamber when the resolution was put to a vote. Power argued after the vote that opposing settlement expansion was consistent with the bipartisan consensus accepted by every single US president of both parties since Ronald Reagan, in comments that could be seen as a criticism of Trump's position. "This resolution reflects trends that will permanent destroy the two state solution if they continue on their current course," Power said in a speech before the chamber. "Our vote today does not in any way diminish the United States' steadfast and unparalleled commitment to the security of Israel," Power said. The Palestinians were delighted by their rare diplomatic coup. "This is a victory for the people and for the cause, and it opens doors wide for the demand of sanctions on settlements," said Mustafa Barghouti, a Palestinian leader. "This is a bias towards justice and international law." But Trump ~-~- who has vowed to move the US embassy in Israel from Tel Aviv to Jerusalem, and has nominated an ambassador in David Friedman who is supportive of settlers ~-~- pledged that the Palestinians would no longer have a platform at the UN when he is inaugurated next month. "As to the U.N., things will be different after Jan. 20th," Trump wrote on Twitter. 4 - 5 -BDS harms future US-Israeli relations, indicates lack of trust in future of country 6 -“Heed the storm warnings in U.S.-Israel relationship,” Mike Abrams, 10/10/16. http://www.miamiherald.com/opinion/op-ed/article107403007.html#storylink=cpy 7 -In the United States, universities are often seen as the road to the future. The Boycott, Divestment and Sanctions (BDS) movement on college campuses is well organized and growing at a disturbing rate. Between 2014 and 2015, there was an estimated 31 percent increase in anti- Israel activities on campuses across the United States. The automatic support of Israel based on the Holocaust, historical anti-Semitism and Arab state aggression is a thing of the past. Sadly, many millennials view Israel as a military and economic super-power who is bullying its weaker Palestinian neighbors. Somehow, the fact that Israel is the only democratically government in region that treats its Jewish, Christian and Muslim citizens equally is lost in the dialogue. The repression of women and gays in Arab states has also failed to make an impression some millennials. BDS support among some African-American students is reminiscent of the heartbreaking black/Jewish political divide of the 1960s, that only fully healed with the election of President Obama. Finally, the respected Pew Research Center’s study of Jewish Americans is fascinating and may inform American-Israeli policy in the future. The central feature of being Jewish in America is a tradition of secularism. Over 60 percent of American Jews believe being Jewish is mainly a matter of ancestry and culture, while only 15 percent believe it is mainly a matter of religion. This helps explain that while 70 percent of American Jews have an affinity for Israel, less than 40 percent believe Israel is sincere in trying to make peace with Palestine. 8 - 9 -Strong US-Israel alliance k2 ME stability, ME nuke war, counterterrorism, US heg, cybertech, US competitiveness, food security. Eisenstadt 15 10 -Resetting the U.S.-Israel Alliance, Michael Eisenstadt (Kahn Fellow and director of the Military and Security Studies Program at The Washington Institute), 2/05/15, The Washington Institute http://www.washingtoninstitute.org/policy-analysis/view/resetting-the-u.s.-israel-alliance 11 -Klass takes a minimalist view of the benefits to the United States of its alliance with Israel. But the reality is that, relative to its small size, few countries contribute in so many diverse and significant ways to America's ability to meet the hard security (military) and soft security (cyber, economic competitiveness, and sustainability) challenges of today and the future. In each of these areas, Israel punches way above its weight. And while the relationship is in no way symmetrical ~-~- the United States has provided Israel with indispensable diplomatic, economic, and military support totaling more than $125 billion since 1949 ~-~- it is a two-way partnership whose military, economic, and political benefits to the United States have been substantial (see "Friends with Benefits: Why the U.S.-Israeli Alliance Is Good for America"). In geopolitical terms, Israel is a bulwark against the spread of radical Islamism in the Levant and a quiet but effective ally of Egypt and Jordan in their struggles against this common enemy. Israel has thwarted efforts by Iraq and Syria to acquire nuclear weapons, and it has worked quietly with the United States to use a variety of means (including cyber sabotage) to disrupt Iran's nuclear ambitions. Moreover, Israel is the only country actively working to halt potentially destabilizing Syrian and Iranian arms transfers to Hizballah and to limit Iranian influence in the Levant. In each of these cases, by pursuing its own interests, Israel also advanced those of the United States and its Arab allies. Israel has made important contributions to American "hard security" in a number of areas. These include: counterterrorism cooperation, the sharing of intelligence and military lessons-learned, military-industrial cooperation (such as the joint development and/or production of unmanned aerial vehicles, defensive systems for armored vehicles, and rocket and missile defenses), and the sharing of lessons-learned and technology to defend the U.S. homeland against terrorist threats since 9/11. Israel also has contributed to America's "soft security": Advances in cyber technology, water security, high-tech agriculture, medical RandD, and cleantech have helped maintain American economic competitiveness and promoted sustainable development in the United States and abroad. With a high-tech community second only to Silicon Valley, Israel's cooperation with U.S. information technology companies has been crucial to their success. As Bill Gates observed in 2006, the "innovation going on in Israel is critical to the future of the technology business." Thus, more than 150 leading U.S. companies including Intel, IBM and Google have set up research and development centers there in order to benefit from Israel's culture of innovation. (In 2013, the World Economic Forum ranked Israel third in the world in terms of its capacity for innovation.) Intel has a particularly strong presence, and many of the company's most successful microprocessors were designed and produced in Israel. Israeli high-tech start-ups have particular appeal for U.S. companies looking to expand their competitive advantage, as evidenced by Google's 2013 acquisition of the Israeli traffic navigation start-up Waze for a reported $1 billion. Israeli innovators also have arrived at novel solutions to water and food security challenges, pioneering widely used techniques of conserving or purifying water now being used or produced in America, including drip irrigation and reverse osmosis desalination. According to the 2014 Global Cleantech Innovation Index, Israel leads the world in cleantech innovation. While U.S. firms are investing in Israel to preserve or create a competitive advantage and to increase global market share, Israel is the third largest destination of U.S. exports in the Middle East and North Africa. Remarkably, with not even 3 of the region's population, Israel accounted for nearly 24 of U.S. exports to the Middle East in 2014. Critics claim that the alliance with Israel is a drag on the United States, particularly in terms of relations with the Muslim and Arab world. But in fact, Arab ties with the United States, at both the official and popular levels, have boomed in the past decade. Arabs are coming as students or visitors in record numbers, anti-American street protests are increasingly rare, U.S. exports to the Middle East are at all-time highs, and defense cooperation with a number of Arab states is closer than ever before. Ironically, it is U.S. policies in the past decade and in recent years ~-~- in Iraq, toward the "Arab Spring," in Syria, and toward Iran, and not U.S. support for Israel ~-~- which are the cause of recent tensions in U.S.-Arab relations. In a remarkable turnabout, many of the region's Sunni Arab countries now see Israel as a more reliable, if tacit partner in their battle against radical Islam and Iran, and believe that U.S. policies are a major source of the instability currently roiling the Middle East. This is due to the perception that in the wake of its 2003 invasion of Iraq, the U.S. handed the country over to "the Shiites" and to Iran; "abandoned" long-standing allies such as Zine El Abidine Ben Ali and Hosni Mubarak during the early days of the "Arab Spring"; failed to arm the moderate opposition in Syria or to actively seek the overthrow of Bashar al-Assad and his regime; has close ties to the Shiite-led government of Iraq; and is engaged in a tacit alliance with Iran against the Islamic State in Iraq and the Levant (ISIL) in Syria and Iraq. Meanwhile, Iran has exploited the political cover provided by its ongoing nuclear negotiations with the P5+1 to dramatically expand its regional influence. This has caused many of America's friends in Israel and the Arab world to question the wisdom of the Obama administration's policy toward the Middle East. It is, however, not only allied governments in the region who feel this way, but even former U.S. cabinet members and members of Congress ~-~- including prominent members of the President's own party such as Senator Robert Menendez (D-NJ) ~-~- many of whom have been active in pushing for additional sanctions on Iran in order to toughen the administration's stance in nuclear negotiations with Iran. - EntryDate
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... ... @@ -1,23 +1,0 @@ 1 -Federal government funding is continuing to grow – there has been a steady increase over 15 years Camera, MA, 16 2 -Lauren Camera, Education Reporter, 1-14-2016, "Federal Education Funding: Where Does the Money Go?," US News and World Report, http://www.usnews.com/news/blogs/data-mine/2016/01/14/federal-education-funding-where-does-the-money-go VC 3 -Government spending on education has surged over the last decade and a half, with money being funneled to federal programs for low-income students, students with disabilities and a slate of competitions that the Obama administration launched through the economic stimulus package. Since 2002, federal funding for education has increased by 36 percent, from $50 billion to $68 billion, according to an analysis by the Committee for Education Funding, a District of Columbia-based advocacy organization. It peaked in 2009 at $97 million, thanks to an injection of dollars from the economic stimulus, most of which went to staving off teacher layoffs. Total ED Discretionary Funding COMMITTEE FOR EDUCATION FUNDING By far, the biggest amount of federal education dollars goes toward funding the Pell Grant program, a tuition assistance initiative for low-income students. In fiscal 2016, the government is spending $22 billion to fund Pell Grants, twice what was spent in 2002, when the program garnered a little more than $11 billion. READ: Achievement Gap Between White and Black Students Still Gaping The explosion in the tuition assistance program was a result of more people qualifying for the grant, in part because of the Great Recession and in part because the Obama administration lowered the income threshold to qualify. Pell Grants-Discretionary Appropriation COMMITTEE FOR EDUCATION FUNDING The next-largest slice of overall education spending is going toward a grant program for school districts with large numbers of low-income students, known as Title I. Funding for the program also saw a big increase since 2002, going from $10.4 billion to $14.9 billion this year, an increase of 43 percent. 4 -Previous rulings prove that speech codes are key to federal funding 5 -Bernstein, MA, 03 6 -David E. Bernstein, 8-27-2003, "Federal Ruling May Mark End of Speech Codes at Public Universities," Cato Institute, https://www.cato.org/publications/commentary/federal-ruling-may-mark-end-speech-codes-public-universities VC 7 -That ruling was made after male students at Santa Rosa Community College had posted explicit and sexually derogatory remarks about two female students on a discussion group hosted by the college’s computer network. Several aggrieved students filed a complaint against the college with the OCR. It found that the messages probably created a hostile educational environment on the basis of sex for one of the students. The college’s toleration of such offensive speech, the government said, would violate Title IX, the law banning discrimination against women by educational institutions that receive federal funding. To avoid losing federal funds, universities across-the-board were required to proactively ban offensive speech by students and diligently punish any violations of that ban. The OCR failed to explain how its rule complied with the First Amendment. Speech codes enacted by public universities clearly violate the First Amendment, even if the codes are enacted in response to the demands of the OCR. So, requiring public universities to enact speech codes or forfeit public funds is obviously unconstitutional. Nevertheless, public university officials ignored the First Amendment and enacted (or retained) speech codes in compliance with the OCR guidelines. While a few schools may have been truly concerned about the potential loss of federal funding, the prevailing attitude among university officials seemed to be that the OCR’s Santa Rosa decision provided a ready excuse to indulge their preference for speech codes. Indeed, some universities enacted speech codes so broad that, when taken literally, they are absurd. The University of Maryland’s sexual harassment policy, for example , bans “idle chatter of a sexual nature, sexual innuendoes, comments about a person’s clothing, body, and/or sexual activities, comments of a sexual nature about weight, body shape, size, or figure, and comments or questions about the sensuality of a person.” So, at the University of Maryland, saying “I like your shirt, Brenda” has been a punishable instance of sexual harassment. Further, under Maryland’s code the prohibited speech need not address an individual to constitute harassment — saying “I really like men who wear bow ties” is out of bounds, at least if a man who wears bow ties hears about it. Moreover, public university censorship has extended well beyond sex discrimination issues. Federal law also bans discrimination in education based on race, religion, veteran status, and other criteria, and universities argued that they needed to censor speech to prevent a hostile environment for groups protected by those laws. The Santa Rosa case affected private universities, too. Unlike public universities, private universities have the right to enact and enforce voluntary speech codes. However, the First Amendment prohibits the government from requiring private universities to administer speech codes. Nevertheless, based on the Santa Rosa ruling, the government threatened to strip private universities of federal funding if they didn’t enforce speech restrictions to ensure that their students are not exposed to a “hostile environment.” 8 - 9 - 10 -Federal funding is necessary for the success of universities and for future initiatives. Yudof 10 11 -Yudof, Mark G. Former pres of UC Exploring a new role for federal government in higher education. University of California, Office of the President, 2010. 12 -The scale of the mission and demands of the moment call out for an integrated national¶ strategy. It must be one that provides the institutions of higher education with a more reliable¶ funding stream — a prerequisite for educating more students and expanding the research that¶ will see us through the 21st century.¶ Some background is in order. The old model for higher education — in particular as it pertains¶ to public research universities — is being steadily abandoned. For a host of political and societal¶ reasons, states now find themselves with shrinking pools of funds available for so-called discretionary¶ programs. This includes higher education.¶ The trend in part is a byproduct of mounting levels of mandatory spending, most notably¶ Medicaid. According to the authors of “The Growing Imbalance: Recent Trends in U.S. Postsecondary¶ Education Finance,” between 1987 and 2006 Medicaid nationwide more than doubled¶ its share of state budget expenditures, from 10.2 percent to 21.5 percent.¶ Within the same window of time, support for higher learning across the country fell from¶ 12.3 percent of state budgets to 10.4 percent; in California the drop was even more dramatic,¶ from 15.2 percent to 11.5 percent, according to numbers drawn from the National Association¶ of State Budget Officers’ State Expenditure Reports.¶ Inevitably, as states have ratcheted down their investment in higher education, students have¶ been required to pick up an increasingly larger portion of the check. The oft-lamented increases¶ in tuition and fees link directly to dwindling state investment — and not to increases in the¶ actual cost of educating a student, a figure which has been essentially flat.¶ From 1998 to 2005, according to the Delta Cost Project (DCP), educational spending for a fulltime-equivalent¶ student, adjusted for inflation, rose by only two-tenths of 1 percent at public¶ research institutions. And yet, strikingly, tuition rose by more than one-third, 34.6 percent. These¶ higher bills paid by students, the DCP investigators noted, “primarily replaced lost state appropriations.”¶ The crunch placed on students is not unlike what befalls workers when their employers switch¶ to less-generous health plans. The cost of producing a prescription drug might stay the same,¶ but the patient’s co-payment goes up. That’s what is happening to American university students,¶ and it appears to be having an impact on enrollment.¶ The United States once led the world in the proportion of 20–29 year olds who were college educated.¶ It now ranks 14th.¶ The Association of Public and Land-grant Universities (APLU) estimates that the production of¶ bachelor and associate degrees in this country would need to increase from 2.1 million in 2007-¶ 08 to 3 million in 2025 in order to match the proportion of young adults (25 to 34 years old)¶ with similar degrees in Canada and Japan. Those two countries stand as world leaders, with about 55 percent of their young adults earning¶ college degrees. The rate in the United States lags at 41.6 percent. For the country to catch up by¶ 2025, the APLU estimates, undergraduate enrollment must grow by about 42 percent, climbing¶ in less than two decades from 8.9 million FTE students to 12.6 million. An expansion of this scale¶ would require an additional $40.2 billion in higher education spending. To apply perspective,¶ that’s an increase of more than half of the $77 billion investment in higher learning made by all¶ states combined in 2006.¶ The sad irony is that this country was once considered the world leader in the development of¶ higher education. In California, we pioneered the model of state-funded, accessible, excellent¶ education for all eligible citizens, an approach which the Republic of Korea, Saudi Arabia, Singapore¶ and many other nations are now trying to emulate even as we walk away from it.¶ Let’s linger for a moment on what the Republic of Korea has been doing. Since the mid-1990s,¶ the Korean government has shifted its national priorities to improve and diversify universities.¶ For instance, in 2009 alone, according to the Korean Ministry of Education, Science and Technology¶ (MEST), it will allocate 5.2 trillion won (approximately $4.1 billion) for higher education¶ funding — an increase of 14.2 percent over the previous year. Last year the Republic of Korea¶ launched an Educational Capacity Enhancement Project, which through grants seeks to ensure¶ that campuses can meet industrial demands for a high quality work force. And its Brain Korea 21¶ Project, instituted in the late 1990s, continues to pursue improvements in research infrastructure¶ and graduate-level training.¶ Contrast this push to the conclusions in a recent McKinsey and Co. report, “The Economic Impact¶ of the Achievement Gap in America’s Schools,” which described the true cost of the United¶ States’ under-investing in human capital as “lower earnings, poorer health and higher rates of¶ incarceration.”¶ The educational gaps between the United States and competing industrial nations, the study¶ found, “impose the equivalent of a permanent national recession…. The gross domestic product¶ in 2008 could have been $1.3 to $2.3 trillion higher (9 percent to 16 percent of GDP)” if the nation’s¶ academic achievement levels were equal to those of Finland or South Korea.¶ Robert Reich, former U.S. secretary of labor and current UC Berkeley professor, makes a¶ compelling argument that to attract jobs and capital, nations and states face two, quite different¶ choices: Build a low-tax, low-wage, highly deregulated economy (i.e., a smokestack, warehouse¶ economy); or, levy higher taxes and impose more regulation, but invest in the human capital¶ development necessary to sustain a highly productive labor force.¶ “The only resource uniquely rooted in a national economy,” Reich says, “is its people — their¶ skills, insights, capacities to collaborate, and the transportation and communication systems that¶ link them together. Public investment is the key to attracting long-term private investment so¶ that a nation’s people can prosper.”¶ At present, though, America finds itself playing catch-up. There are needs on many fronts.¶ Pinpointing one key competitive indicator, the Lumina Foundation for Education has adopted a¶ “Big Goal” to increase the percentage of Americans with quality two- or four-year degrees to¶ 60 percent by 2025. Similarly, a recent study by the Public Policy Institute of California projects a shortage of 1 million¶ college graduates that will be needed to maintain the state’s 2025 work force. Unless policy changes¶ are made, only 35 of working-age adults in that year will hold a four-year degree, while 41 percent¶ of the jobs will require one.¶ Opening the tap to create more college graduates, however, is not a simple task. Among other¶ enhancements, it will require more qualified faculty, which in turn will trigger a need for more¶ graduate students. The growing demand for the research that is the province of our great¶ universities also will not be easily met. But it must.¶ Virtually all the research conducted by industrial research laboratories in the 1960s now takes¶ place at major universities. As John Wiley, chancellor emeritus at the University of Wisconsin, has¶ observed: “The future technologies our economy will depend on are being born in our university¶ research labs.”¶ In a draft paper entitled “Expanding Undergraduate Education to Meet National Goals: The Role¶ of Research Universities,” the APLU echoes Wiley’s assessment and asserts that public research¶ universities in particular must lead the charge to expand capacity for learning: “The areas of¶ study they offer correspond with national needs… including over half of all U.S. bachelor’s degrees¶ in natural resources, conservation and engineering.”¶ The APLU paper notes that public research universities also are a main pathway of opportunity¶ for low-income and minority students. In 2006, the last year measured in its study, more than¶ 26 percent of students enrolled at public research institutions received Pell grants, compared to¶ 15 percent at private research universities.¶ This leads to a larger point. The nation’s interest in quality higher education is not limited to¶ defense, economics and technology. It resides as well in the softer qualities that are engrained and¶ absorbed on a campus, traits necessary to preserve and nourish a great society — opportunity,¶ diversity, citizenship, a cultivated fascination with the march of ideas, an appreciation for the grace¶ notes of life, like a fine painting or a subtle poem. 13 - 14 -Insert turns the case arg 15 - 16 -Education is key to US Soft power. Nye 05 17 -Joseph Nye, Joseph Nye is University Distinguished Service Professor at Harvard University and served as dean of the John F. Kennedy School of Government there from 1995 to 2004. Nye also has served as Assistant Secretary of Defense for International Security Affairs and chair of the National Intel- ligence Council. His most recent books include Soft Power: The Means to Success in World Politics (2004), an antholo- gy, Power in the Global Information Age (2004), and a novel, The Power Game: A Washington Novel (2004). 2005, "Soft Power and Higher Education" https://net.educause.edu/ir/library/pdf/ffp0502s.pdf MG 18 -Colleges and universities can help raise the level of discussion and advance American foreign policy by cultivating a better understanding of power and how the world has changed in important ways over the last 20 to 30 years. We can work to instill in our students and in the broader pub- lic a better appreciation of both the realities of our inter- connected global society and the conceptual framework that must be understood to successfully navigate the new landscape we face. Many observers agree that American higher education produces significant soft power for the United States. Sec- retary of State Colin Powell, for example, said in 2001: “I can think of no more valuable asset to our country than the friendship of future world leaders who have been educated here.” The Cold War was fought with a combination of hard and soft power. Academic and cultural exchanges between the United States and the Soviet Union, starting in the 1950s, played a significant role in enhancing American soft power. American skep- tics at the time feared that visiting Sovi- et scientists and KGB agents would “steal us blind”; they failed to notice, however, that the visitors vacuumed along with the scientific secrets. Because exchanges affect elites, one or two key contacts may have a major political effect. For example, Aleksandr Yakovlev was strongly influ- enced by his studies with the political scientist David Tru- man at Columbia University in 1958. Yakovlev eventually went on to become the head of an important institute, a Politburo member, and a key liberalizing influence on the Soviet leader Mikhail Gorbachev. From 1958 to 1988, 50,000 Russians visited the Unit-ed States as part of formal exchange programs. Contrast that to today, when restrictive visa policies have caused a precipitous drop in applications from foreign students to study in the United States. The long-term implications are that talented foreign students seeking a quality higher education will go elsewhere, and thus America will lose the opportunity to both influence and learn from foreign students. This will diminish American’s awareness of cultural differences precisely when we must become less parochial and more sensitive to foreign perceptions. Higher education leaders need to continue to press for less restrictive student visa policies and for more expeditious handling of visa requests. Further, colleges and universities can assess their internal policies concerning foreign enrollment and evaluate whether that enrollment is high enough to meet the needs of our glob- al society. Conclusion The U.S. government invests a little over a billion dollars a year on soft power, including the State Depart- ment’s public diplomacy programs and U.S. international broadcasting. The nation’s defense budget is over $400 billion a year and rising. Thus, we are spending approxi- mately .25 percent of the military budget on soft power, or, put another way, 400 to 450 times more on hard power than on soft power. Americans—and others—face an unprecedented challenge from the dark side of globalization and the priva- tization of war that have accompanied new technologies. Our success in this changed world will depend upon developing a deeper understanding of the nature of power and the role of soft power, and achieving a better balance of hard and soft power in our foreign policy. Smart power is neither hard nor soft. It is both. 19 - 20 -Soft Power solves multiple extinction scenarios. Nye 07 21 -Nye and Armitage, 2007 − Distinguished Service Professor at Harvard University and President of Armitage International 22 -(Joseph and Richard, *Note: Report was in collaboration with about 50 other congressmen, “CCIS Commission of Smart Power – A Smarter, more Secure America”, http://www.csis.org/media/csis/pubs/071106_csissmartpowerreport.pdf) 23 -Today’s Challenges The twenty-first century presents a number of unique foreign policy challenges for today’s decisionmakers. These challenges exist at an international, transnational, and global level. Despite America’s status as the lone global power, the durability of the current international order is uncertain. America must help find a way for today’s norms and institutions to accommodate rising powers that may hold a different set of principles and values. Furthermore, countries invested in the current order may waiver in their commitment to take action to minimize the threats posed by violent non-state actors and regional powers who challenge this order. The information age has heightened political consciousness, but also made political groupings less cohesive. Small, adaptable, transnational networks have access to tools of destruction that are increasingly cheap, easy to conceal, and more readily available. Although the integration of the global economy has brought tremendous benefits, vectors of prosperity have also become vectors of instability. Threats such as pandemic disease and the collapse of financial markets are more distributed and more likely to arise without warning. The threat of widespread physical harm to the planet posed by nuclear catastrophe has existed for half a century, though the realization of the threat will become more likely as the number of nuclear weapons states increases. The potential security challenges posed by climate change raise the possibility of an entirely new set of threats for the United States to consider. The next administration will need a strategy that speaks to each of these challenges. Whatever specific approach it decides to take, two principles will be certain: First, an extra dollar spent on hard power will not necessarily bring an extra dollar’s worth of security. It is difficult to know how to invest wisely when there is not a budget based on a strategy that specifies trade-offs among instruments. Moreover, hard power capabilities are a necessary but insufficient guarantee of security in today’s context. Second, success and failure will turn on the ability to win new allies and strengthen old ones both in government and civil society. The key is not how many enemies the United States kills, but how many allies it grows. States and non-state actors who improve their ability to draw in allies will gain competitive advantages in today’s environment. Those who alienate potential friends will stand at greater risk. Terrorists, for instance, depend on their ability to attract support from the crowd at least as much as their ability to destroy the enemy’s will to fight. Exporting Optimism, Not Fear Since its founding, the United States has been willing to fight for universal ideals of liberty, equality, and justice. This higher purpose, sustained by military and economic might, attracted people and governments to our side through two world wars and five decades of the Cold War. Allies accepted that American interests may not always align entirely with their own, but U.S. leadership was still critical to realizing a more peaceful and prosperous world. There have been times, however, when America’s sense of purpose has fallen out of step with the world. Since 9/11, the United States has been exporting fear and anger rather than more traditional values of hope and optimism. Suspicions of American power have run deep. Even traditional allies have questioned whether America is hiding behind the righteousness of its ideals to pursue some other motive. At the core of the problem is that America has made the war on terror the central component of its global engagement. This is not a partisan critique, nor a Pollyannaish appraisal of the threats facing America today. The threat from terrorists with global reach and ambition is real. It is likely to be with us for decades. Thwarting their hateful intentions is of fundamental importance and must be met with the sharp tip of America’s sword. On this there can be no serious debate. But excessive use of force can actually abet terrorist recruitment among local populations. We must strike a balance between - EntryDate
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... ... @@ -1,27 +1,0 @@ 1 -Title IX investigations are increasing. Kingkade 16. 2 -Tyler Kingkade. “There Are Far More Title IX Investigations Of Colleges Than Most People Know”. Huffington Post. June 16, 2016. http://www.huffingtonpost.com/entry/title-ix-investigations-sexual-harassment_us_575f4b0ee4b053d433061b3d AGM 3 -The growing backlog of federal Title IX investigations into colleges and universities has now topped 300, but many people, including students at the schools under scrutiny, aren’t aware of those reviews. As of Wednesday, there were 246 ongoing investigations by the U.S. Department of Education into how 195 colleges and universities handle sexual assault reports under the gender equity law. A Freedom of Information Act request by The Huffington Post revealed another 68 Title IX investigations into how 61 colleges handle sexual harassment cases. This puts the total number of Title IX investigations officially dealing with sexual harassment at 315. (Under civil rights statutes, sexual assault is defined as an extreme form of sexual harassment.) But dozens of those Title IX reviews receive no publicity because they don’t specifically deal with sexual assault. If a school is being investigated for allegedly mishandling harassment cases, but not reports of assault, it doesn’t appear on the list regularly given to reporters by the Education Department. Major educational institutions — including New York University, the University of Minnesota-Twin Cities, Georgia State University, Florida AandM University, Rutgers University, Howard University, the University of Oklahoma, Kent State University and the University of Wisconsin-La Crosse — have escaped public scrutiny because Title IX investigations into their actions haven’t been highlighted by the government or the schools themselves.SUNY Broome Community College is under three investigations that haven’t been previously disclosed. The Education Department has no plans to regularly issue a list of cases involving sexual harassment only, an official told HuffPost. 4 - 5 -AFF guts effectiveness of Title IX – it causes first amendment opportunism. Schauer 04 6 -Schauer, Frederick David and Mary Harrison Distinguished Professor of Law. "The boundaries of the First Amendment: A preliminary exploration of constitutional salience." Harvard Law Review (2004): 1765-1809. 7 -In addition to the properties of First Amendment claims that may¶ make them less likely to appear legally frivolous, the First Amend-¶ ment's magnetism may assist in ensuring that those claims will not¶ arise in isolation. There will often be multiple lawyers, multiple liti-¶ gants, and multiple public actors who perceive the virtues of the same¶ opportunistic strategy at roughly the same time, or who even may be¶ in active coordination with each other - as with the multiple chal-¶ lenges to the "Don't Ask, Don't Tell" policy, the proliferation of First¶ Amendment rhetoric surrounding legal arguments regarding computer¶ source code, and the panoply of parallel claims about First Amend-¶ ment limitations on copyright. When this is the case, the multiplicity¶ of individually tenuous claims may produce a cascade effect160 such¶ that the claims no longer appear tenuous. The combination of, say,¶ four scarcely plausible but simultaneous court challenges and twenty¶ scarcely plausible public claims of a First Amendment problem could make all these individually implausible claims seem more credible¶ than they actually are.161 From the standpoint of an interest group¶ seeking to achieve change and to mobilize public support or the sup-¶ port of other interest groups,162 winning is better than losing publicly,¶ but losing publicly is perhaps still preferable to being ignored.¶ Once the claim or argument achieves a critical mass of plausibility,¶ the game may be over. Even if individual courts reject the claim, the¶ multiplicity of now-plausible claims may give the issue what is re-¶ ferred to in inside-the-Beltway political jargon as "traction" and in¶ newsroom jargon as "legs." Interestingly, this phenomenon sometimes¶ survives even authoritative rejection of the claim. With respect to the¶ argument that hostile-environment sexual harassment enforcement has¶ serious First Amendment implications, for example, neither the Su-¶ preme Court's rejection of this argument in dicta in R.A. V v. City of¶ St. Paul163 nor the Court's silent dismissal of the same claim in Harris¶ v. Forklift Systems, Inc.164 has slowed the momentum of those who¶ would wage serious First Amendment battle against hostile-¶ environment sexual harassment law.'65 Similarly, decades of judicial¶ rejection of the argument that copyright law must be substantially re-¶ stricted by the commands of the First Amendment have scarcely dis-¶ couraged those who urge otherwise; and in some respects the Supreme¶ Court's recent decision in Eldred v. Ashcroftl66 can be considered not a¶ defeat, but rather one further step toward the entry of copyright into¶ the domain of the First Amendment: the Supreme Court did grant cer-¶ tiorari, in part to determine "whether ... the extension of existing and¶ future copyrights violates the First Amendment;"'67 and the seven-¶ Justice majority, as well as Justice Breyer in dissent,'68 acknowledged¶ that the First Amendment was not totally irrelevant. 8 -Title IX is currently effective against harassment – this dramatically increases access to higher education. Musil 07 9 - 10 -Caryn Musil, Scaling the Ivory Towers, MS Magazine Fall 2007: The Triumphs of Title IX, http://www.feminist.org/education/TriumphsOfTitleIX.pdf. NS 11 - 12 -The contrast between her academic landscape and mine could not be more dramatic. And Title IX is the primary cause for the seismic shifts. The law’s impact has been elemental. Not only has it helped eliminate blatant discriminatory practices across educational institutions, but it has helped root out subtler methods of holding women back by closing the gap between men’s and women’s financial aid packages, improving housing opportunities for women students (a lack of women’s dorms was once used to restrict women’s admissions) and combating sexual harassment. Just before Title IX was signed into law, women were underrepresented as undergraduates, at just over 40 percent of all students. And it wasn’t that easy for them to get into those ivied halls. Young women typically had to make higher grades and SAT scores than young men to gain college admission, and often faced quotas limiting the number of women admitted. Once they got on campus, there were few women role models—less than one in five faculty members were women, and a mere 3 percent of college presidents. In some fields, even the women students were barely visible: About 1 percent of master’s degrees in engineering, 1 percent of doctoral dental degrees, and under 2 percent of master’s degrees in mathematics were awarded to women in 1970. The barriers were formidable, and sex discrimination unashamedly open and normative. In the years since Title IX, however, all of those numbers have risen tremendously. Take college enrollment, for starters: By 2005, women students comprised almost three out of five undergraduates, with some of this growth due to increased access for women of color (who have more than doubled their share of degrees since 1977, when they earned just over 10 per- cent). Women have not simply in- creased their numbers in academia, though: They have also moved into fields formerly dominated by men, particularly business and the sciences (see chart on page 45). These are the sorts of fields that lead women into higher-paying jobs after graduation. Bucking the rising trend, however, are computer and information sci- ence, where numbers peaked in 1984 before declining, and engineering and engineering technologies, in which the numbers of women grew and then leveled off. Certain fields have continued to be women-dominant from 1980 until 2005—health professions other than physicians and related inical sciences (currently more than 86 percent women) and education (about 79 percent women), but this isn’t the best news for economic equity, since wages tend to stay low in fields with few men. In graduate and professional schools, too, young women have enjoyed far greater access thanks to Title IX. In 1970, women earned only 14 percent of doctoral degrees, but today earn nearly half. Yet women’s doctorates are still not distributed evenly across disciplines: They range from a low of about 19 percent in engineering and engineering technologies to a high of about 71 per- cent in psychology. The most dramatic gains are in the professional schools. In 1971, just about 1 of 100 dental school graduates were women, while in 2005 that number grew nearly fortyfold. In medical schools the numbers jumped from less than 10 percent to nearly 50 percent, and law school numbers from about 7 percent to nearly 49 percent. There’s been quite a psychological benefit, too. As my older daughter, Rebecca, says of her experience at New York University Law School, “Women were more than half of the students, so sex discrimination was not something we ever worried about. ... It’s not that we don’t think about equality, but that we don’t have to think about it as much because of what’s already been done.” Armed with their professional degrees in medicine and law, women have entered those professions at steadily increasing rates. Yet their numbers—and in law firms, their advancement—still lag behind. In 2006, women made up 33 percent of lawyers but just 16 percent of partners in law firms. Similarly, in medicine only 27 percent of doctors are women, and they’re unevenly spread across specialties, the top three choices being internal medicine, pediatrics and general family medicine. The news is also mixed about women in academic leadership. By 1986 the number of women college presidents had tripled from 1970 to almost 10 percent, and by 2006 reached 23 percent, with a large proportion serving as presi- dents of community colleges. But most of the progress occurred between 1986 and 2001 and now has slowed considerably. Furthermore, today’s presidents re- main much less diverse by race, gender and ethnicity than the students, faculty or administrators who report to them: Only 4 percent of the respondents in a recent survey of college presidents identified as “minority women.” Women also tend to be more qualified and make more sacrifices than men in order to gain leadership; they’re far less likely than men presidents to be married and have children, and significantly more likely to hold an advanced degree. On faculties, women have increased across every rank but continue to move up more slowly than men. In 2006 they accounted for nearly 40 percent of full- time faculty and nearly 50 percent of part-timers. Young women benefit extraordinarily from all these women role models. As my daughter Emily says, “Women professors looked out for me the whole time ... and that is where I got my career counseling.” But women professors are not employed equally across institutional types—they’re just over half the faculty at institutions offering associate degrees, but only 34 percent at doctoral institutions. While women are increasing their numbers in tenure-track positions (nearly 45 percent), they still face the accumulated disad-vantages of sex discrimination over time and represent only about 31 per- cent of currently tenured faculty. “People change faster and more easily than institutions,” explains Yolanda T. Moses, associate vice chancellor for diversity at the University of California, Riverside. While the most blatant violations have been eliminated, Moses argues that the next level of work is even more complicated: “Systems can undermine progress ... and we need to unearth those behaviors that sabotage even our best intentions.” A search committee in physics or engineering, for example, may profess to be seeking more women, but make no efforts to break out of all-men, frequently all- white, networks to identify strong women candidates. These are the sorts of challenges that still remain, yet Title IX has gone a long way toward making campuses more hospitable. By offering legal protection from hostile work and learning environments, it helped draw attention to sexism in the classroom and opened the door for change. The fields of science, tech- nology, engineering and math were among the most chilly toward women, so Title IX helped usher in a period of serious self-study that has led to the adoption of more women-friendly teaching practices and programs, and thus a rise in women taking courses formerly dominated by men. 13 -Gender equality in higher education and the workforce is key to climate science and innovation. Gender Summit 13 14 - 15 -Gender Summit 3 — North America, Diversity Fueling Excellence in Research and Innovation: 16 -Conference Report, 11/13/13, https://www.nsf.gov/od/oia/activities/gendersummit/GS3-ConfReport.pdf. NS 17 - 18 -Ms. Jarrett noted that gender equality in STEM is not just a women's issue, but one that affects all scientists and researchers. The incorporation of the gender dimension into research and innovation benefits everyone. Diversity in STEM brings innovation; it drives science forward and benefits society as a whole. She pointed out that GS3 is more than just about women: it is about our societies and tapping into the power of women to unlock the full potential of global communities. If we truly want to champion innovation and expand the capacity for discovery, everyone has to be involved. President Obama’s administration is committed to ensuring that our women and girls are in a position to lead in the future. The President has been quoted as saying, "When women succeed, nations are safer, more secure and more prosperous.” Ralph Cicerone, PhD President, US National Academy of Sciences and Chair, National Research Council, USA emphasized (a) the importance of utilizing the full capacity of creative, talented and dedicated people; (b) the collective responsibility for ensuring that women scientists and engineers flourish and that they are supported and encouraged; and (c) the need to confront existing obstacles along their career paths. He stated that the Academy remains committed to enhancing gender inclusion by supporting the creation of networks around the world, including Africa, Latin America and Europe. Establishing these networks and collaborations promotes the creation of goals and strategies for implementation and an awareness of the efforts of others that can bring value to our own. To underscore the importance of gender incorporation within global research and development, former NSF Director Subra Suresh, PhD President, Carnegie Mellon University, USA stated that diversity in education and the workplace accelerates innovation because people have different life experiences that allow them to address the same issue from different vantage points. Diversity fostering global research is becoming more popular. In May 2012 the Global Research Council was established at NSF as a virtual organization to collectively engage in the development of principles governing scientific merit review, research integrity, pathways for open access to publications and data and mobility of researchers. Nearly 100 countries participated in the most recent meeting where the topics included the mobility of researchers, as well as a discussion of strategic planning for collective action in the near future. Wanda E. Ward, PhD Head, Office of International and Integrative Activities, National Science Foundation, USA posited that North America stood ready to further integrate and leverage the gender dimension in forging new and transformative discoveries and in fostering a diverse and inclusive scientific community. Importantly, the greater inclusion of biological sex and gender considerations in disciplinary and interdisciplinary frameworks is significant as all nations increase their investments in science and technology. Working collaboratively to ensure that scientific research is beneficial to women and men is a transformative moment for the shifting landscape of the scientific enterprise. This time of collective commitment for gender considerations in science and engineering will be beneficial to society at large as North America embraces the new opportunities of the shifting landscape of science innovation marked by emerging fields of science and the demographic changes of the scientific workforce. Attention was given to the fact that the more than 650 registrants comprised a diverse group of women and men interested in women’s issues, as well as diversity within the group of women who represent every stage of STEM workforce development, advancement and success. Dr. Ward’s presentation highlighted the NSF’s gender considerations in research design and analysis, as well as the Foundation’s emphasis on gender equity in the STEM workforce. This Summit was considered exemplary for engaging women of all backgrounds in imagining future work at the frontiers of science and in realizing their full potential in the scientific enterprise. Additionally, pending the availability of funding, NSF is pursuing four major areas for multinational collaboration: o discovery/frontier research for knowledge generation and translation, o human capacity/talent development and advancement, o institutional transformation in higher education systems and practices and o equity in stewardship activities, such as the merit review process, evaluation and assessment. Across the participating partners, there are compelling examples of individual contributions of women in basic research, as well as in the advancement of applied research within a gender- focused context. There are also success stories of policy changes and transformative practices emanating from the leadership, mentoring and advocacy roles of well-known women scientists and engineers. The shared commitment for framing a multi-national strategy was continued with input from the European Commission, Natural Sciences and Engineering Research Council of Canada, the National Council on Science and Technology of Mexico, and the Human Sciences Research Council of South Africa. Europe is working aggressively to change the workforce environment by encouraging more females to study science and engineering and to go on to research careers. MarieGeoghegan-Quinn Commissioner of Research, Innovation and Science, European Commission stressed that because gender issues are not unique to Europe, it is important to tackle issues jointly. She stated that we need all of our talented scientists working toward research and innovative efforts and that there is no tradeoff between promoting gender equity and excellence in science. She expressed much interest in collaborating with North America. She stressed that it is logical, for both scientific and economic reasons, to work collaboratively to tackle common challenges. She also highlighted Horizon 2020, Europe’s new research funding program, which will champion gender equality in three ways: integrating the gender dimension into funded programs, encouraging balanced participation of men and women on funded research teams and ensuring gender balance in advisory groups and in teams that evaluate applications for funding. Oldřich Vlasák Vice-President of the European Parliament stressed the importance of (a) research and development in future economic growth and (b) investing effectively, given the frequent scarcity of financial and human resources to support research. He stated that both the US and Europe need to invest more and do a better job with regard to human capital: “we can’t afford to waste research talent, which means we should not discourage any part of the population from participating in research and innovation.” Quoting U.S. Secretary of State John Kerry, he said that “no team can ever win if half of its players are on the bench.” Measures to ensure gender equality should be considered an investment in future economic growth, rather than a cost. He stated that “what we pay today will generate returns for the economy as a whole in the medium- and long-term by reducing the ineffectiveness associated with inequality.” The gender imbalances are not a self-correcting phenomenon, and Vlasák encouraged discussions during the third Gender Summit to view these issues as a matter of research potential and social justice. Remarks by Dominique Ristori Director General, European Commission Directorate General Joint Research Council focused on the importance of science and society, the latest developments in Europe’s gender equality policy and the European interest in a gender focused multi-national collaboration. He described the motivation and challenges for global research and innovation in the context of climate change, clean energy and the improved health and well-being of all citizens. Ensuring gender balance is a necessary condition for the achievement of the objective of Europe’s 2020 strategy for 75 employment, an objective that cannot be reached without strong commitment to gender equality, he stated. 19 - 20 -Climate innovations are the primary key to solve warming. Moniz 15 21 - 22 -Ernest Moniz (U.S. Secretary of Energy), Interviewed by David Biello, Accelerated Innovation Is the Ultimate Solution to Climate Change, Scientific American, 12/11/15, https://www.scientificamerican.com/article/accelerated-innovation-is-the-ultimate-solution-to-climate-change/. NS 23 - 24 -PARIS—From "clean coal" evangelists to solar power enthusiasts, most experts at the U.N. climate talks here agree that solving climate change means transforming how the world produces and uses energy—and as quickly as possible. Such a transformation would be unprecedented. It would require enormous investments. To help make it happen, the U.S. Department of Energy, which for decades has spent billions of dollars to develop and deploy advanced energy technologies (not always clean), will play a major role in the new "Mission Innovation." The initiative is an effort announced by 20 major countries at the COP 21 negotiations here to significantly accelerate clean-energy improvements. On December 9, Secretary of Energy Ernest Moniz sat down with Scientific American to explain how innovation and transformation might be sped up to meet the climate challenge, which requires a world without carbon dioxide pollution, soon. An edited transcript of the interview follows. How do we get to 80 percent cuts in CO2 emissions in 35 years, the Obama administration's long-term goal? And beyond that, to meet a Paris deal that might even require "zero carbon" by then. Obviously, innovation is going to be central. We're very pleased that our French hosts put innovation on the front burner: having Innovation Day, following Energy Day. And of course, the announcement on the very first day by 20 countries, including Pres. Obama, French Pres. Hollande, India Prime Minister Modi and others, of Mission Innovation. Then the Bill Gates announcement on the parallel Breakthrough Energy Coalition initiative. There is no question that the world now understands that innovation is the core to meet the INDCs national climate action plans, known as "intended nationally determined contributions". We've had a lot of cost reduction and innovation and deployment increases. That virtuous cycle has put us in a pretty good spot to meet a 10-year horizon, maybe a 15-year horizon. For sure, as we go to the longer time periods and extraordinarily low levels of greenhouse gas emissions being discussed, we're going to have to keep that going. I just came from a meeting of the Mission Innovation countries. There is a tremendous amount of enthusiasm. The resonance of the Mission Innovation agenda was so great because it largely fits with the directions that so many countries were going in. It's crystallized that—given that a very explicit framework. We are the dog that caught the car. And now we're laughs figuring out what to do with the car. Some people argue that we can meet the goal with the technology we already have, whether it be CO2 capture and storage for fossil fuels and nuclear power or more renewables or all of the above, to use a phrase. Others say we really need a breakthrough. You're on the breakthrough side? In some sense, the answer is yes. What we're talking about is this cycle of innovation, deployment, cost reduction. They all go hand in hand. We have seen that explicitly in the last six years. Continued cost reduction in clean technologies is going to be important. And new enabling technologies are going to be important. So, for example, with wind and solar, we still are not at the point where we can have a large scale-up of energy storage. We are still not at the stage where we really have incorporated information technology, like computers and the Internet extensively into the energy infrastructure in the way we're going to need. We also have qualitatively new directions to go in. One is the Makani flying wind turbines. Or now the Google X flying wind turbine; it’s so novel that we don't understand exactly how it could have a big, major transformative impact. But it sure looks like it would if it became a widespread technology. 25 -Warming leads to extinction – multiple scenarios prove. Roberts ‘13 26 -David Roberts - staff writer for Grist. “If you aren’t alarmed about climate, you aren’t paying attention.” Grist. January 10, 2013. http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/ JJN 27 -There was recently another one of those (numbingly familiar) internet tizzies wherein someone trolls environmentalists for being “alarmist” and environmentalists get mad and the troll says “why are you being so defensive?” and everybody clicks, clicks, clicks. I have no desire to dance that dismal do-si-do again. But it is worth noting that I find the notion of “alarmism” in regard to climate change almost surreal. I barely know what to make of it. So in the name of getting our bearings, let’s review a few things we know. We know we’ve raised global average temperatures around 0.8 degrees C so far. We know that 2 degrees C is where most scientists predict catastrophic and irreversible impacts. And we know that we are currently on a trajectory that will push temperatures up 4 degrees or more by the end of the century. What would 4 degrees look like? A recent World Bank review of the science reminds us. First, it’ll get hot: Projections for a 4°C world show a dramatic increase in the intensity and frequency of high-temperature extremes. Recent extreme heat waves such as in Russia in 2010 are likely to become the new normal summer in a 4°C world. Tropical South America, central Africa, and all tropical islands in the Pacific are likely to regularly experience heat waves of unprecedented magnitude and duration. In this new high-temperature climate regime, the coolest months are likely to be substantially warmer than the warmest months at the end of the 20th century. In regions such as the Mediterranean, North Africa, the Middle East, and the Tibetan plateau, almost all summer months are likely to be warmer than the most extreme heat waves presently experienced. For example, the warmest July in the Mediterranean region could be 9°C warmer than today’s warmest July. Extreme heat waves in recent years have had severe impacts, causing heat-related deaths, forest fires, and harvest losses. The impacts of the extreme heat waves projected for a 4°C world have not been evaluated, but they could be expected to vastly exceed the consequences experienced to date and potentially exceed the adaptive capacities of many societies and natural systems. my emphasis Warming to 4 degrees would also lead to “an increase of about 150 percent in acidity of the ocean,” leading to levels of acidity “unparalleled in Earth’s history.” That’s bad news for, say, coral reefs: The combination of thermally induced bleaching events, ocean acidification, and sea-level rise threatens large fractions of coral reefs even at 1.5°C global warming. The regional extinction of entire coral reef ecosystems, which could occur well before 4°C is reached, would have profound consequences for their dependent species and for the people who depend on them for food, income, tourism, and shoreline protection. It will also “likely lead to a sea-level rise of 0.5 to 1 meter, and possibly more, by 2100, with several meters more to be realized in the coming centuries.” That rise won’t be spread evenly, even within regions and countries — regions close to the equator will see even higher seas. There are also indications that it would “significantly exacerbate existing water scarcity in many regions, particularly northern and eastern Africa, the Middle East, and South Asia, while additional countries in Africa would be newly confronted with water scarcity on a national scale due to population growth.” Also, more extreme weather events: Ecosystems will be affected by more frequent extreme weather events, such as forest loss due to droughts and wildfire exacerbated by land use and agricultural expansion. In Amazonia, forest fires could as much as double by 2050 with warming of approximately 1.5°C to 2°C above preindustrial levels. Changes would be expected to be even more severe in a 4°C world. Also loss of biodiversity and ecosystem services: In a 4°C world, climate change seems likely to become the dominant driver of ecosystem shifts, surpassing habitat destruction as the greatest threat to biodiversity. Recent research suggests that large-scale loss of biodiversity is likely to occur in a 4°C world, with climate change and high CO2 concentration driving a transition of the Earth’s ecosystems into a state unknown in human experience. Ecosystem damage would be expected to dramatically reduce the provision of ecosystem services on which society depends (for example, fisheries and protection of coastline afforded by coral reefs and mangroves.) New research also indicates a “rapidly rising risk of crop yield reductions as the world warms.” So food will be tough. All this will add up to “large-scale displacement of populations and have adverse consequences for human security and economic and trade systems.” Given the uncertainties and long-tail risks involved, “there is no certainty that adaptation to a 4°C world is possible.” There’s a small but non-trivial chance of advanced civilization breaking down entirely. Now ponder the fact that some scenarios show us going up to 6 degrees by the end of the century, a level of devastation we have not studied and barely know how to conceive. Ponder the fact that somewhere along the line, though we don’t know exactly where, enough self-reinforcing feedback loops will be running to make climate change unstoppable and irreversible for centuries to come. That would mean handing our grandchildren and their grandchildren not only a burned, chaotic, denuded world, but a world that is inexorably more inhospitable with every passing decade. Take all that in, sit with it for a while, and then tell me what it could mean to be an “alarmist” in this context. What level of alarm is adequate? - EntryDate
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... ... @@ -1,1 +1,0 @@ 1 -JanFeb - DA - Title IX - Tournament
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... ... @@ -1,17 +1,0 @@ 1 -Public Universities and colleges should establish restrictions on hate speech consistent with Byrne’s proposal. This includes restrictions on otherwise protected free speech. They will remove all other restrictions on protected free speech. Byrne 91 2 - 3 -Byrne, J. Peter. Associate Professor, Georgetown University Law Center. "Racial Insults and Free Speech Within the University." Geo. LJ 79 (1990): 399. 4 - 5 -This article examines the constitutionality of university prohibitions of¶ public expression that insults members of the academic community by directing¶ hatred or contempt toward them on account of their race. I Several¶ thoughtful scholars have examined generally whether the government can¶ penalize citizens for racist slurs under the first amendment, but to the limited¶ extent that they have discussed university disciplinary codes they have assumed¶ that the state university is merely a government instrumentality subject¶ to the same constitutional limitations as, for example, the legislature or¶ the police. 2 In contrast, I argue that the university has a fundamentally dif ferent relationship to the speech of its members than does the state to the speech of its citizens. On campus, general rights of free speech should be qualified by the intellectual values of academic discourse. I conclude that the protection of these academic values, which themselves enjoy constitutional protection, permits state universities lawfully to bar racially abusive speech, even if the state legislature could not constitutionally prohibit such speech throughout society at large. At the same time, however, I assert that the first amendment renders state universities powerless to punish speakers for advocating any idea in a reasoned manner. It is necessary at the outset to choose a working definition of a racial insult. This definition, however, is necessarily provisional; any such definition implies the writer's views on the boundaries of constitutionally protected offensive speech, and the reader cannot be expected to swallow the definition until she has had the opportunity to inspect the writer's constitutional premises. Having offered such a caution, I define a racial insult as a verbal or symbolic expression by a member of one ethnic group that describes another ethnic group or an individual member of another group in terms conventionally derogatory, that offends members of the target group, and that a reasonable and unbiased observer, who understands the meaning of the words and the context of their use, would conclude was purposefully or recklessly abusive. Excluded from this definition are expressions that convey rational but offensive propositions that can be disputed by argument and evidence. An insult, so conceived, refers to a manner of speech that seeks to demean rather than to criticize, and to appeal to irrational fears and prejudices rather than to respect for others and informed judgment. 3 6 - 7 -The counterplan establishes checks on reverse enforcement, chilling effect, and slippery slope. 8 - 9 -Byrne, J. Peter. Associate Professor, Georgetown University Law Center. "Racial Insults and Free Speech Within the University." Geo. LJ 79 (1990): 399. 10 - 11 -Disciplinary rules are the least effective way that a university can enhance¶ the quality of speech or foster racial tolerance among its members. The educational¶ program must celebrate and instruct its students in the beauty and¶ usefulness of graceful and accurate speech and writing; a liberal education¶ should leave students intolerant of propaganda and commercial manipulation,¶ and competent to directly and forcefully express coherent views as citizens.¶ Such teaching is not amoral; the graduate ought freely to prefer the¶ exercise of skill, reflective perception, and an abiding curiosity to desires for acquisition, consumption, and domination. Without the university's consistent¶ action on a commitment to reasoned discourse as central to its mission,¶ the university's attempt to prohibit insulting or lewd speech may seem a hypocritical¶ denial of its own failings.¶ Similarly, prohibiting racial insults will advance racial harmony on a campus¶ only when the university has effectively committed itself to educate lovingly¶ the members of every ethnic group. Although nearly every university¶ admits minority students using criteria that aspire in good faith to be fair,¶ many have failed to transform themselves into truly multi-ethnic institutions.¶ Not to have succeeded at this daunting task does not merit reproach; the¶ university's origins and traditions are explicitly European, growth and accommodation¶ to the extent required to create a multi-ethnic community¶ must take time and witness false steps. However, not to have made plain¶ that blacks, hispanics, Asians, Indians, and others who have been excluded in¶ the past are not only now welcome, but are requested to collaborate in shaping¶ new university structures and mores so that the benefits of advanced education¶ will be available without regard to birth and so that the university can¶ continue to spawn for a changing society a cosmopolitan culture based on¶ reason and reflection standing above tribal fears and blind desires, not to¶ have begun this work in earnest merits regret and will provoke anger. Universities¶ that pass rules against racial insults which are not part of a comprehensive¶ commitment to ethnic integration will serve only to exacerbate racial¶ tensions.¶ Schools that adopt prohibitions on racially offensive speech ought to enforce¶ them with restraint. Certainly, when students have sought to intimidate¶ or frighten other students with racial insults, the school should treat this¶ behavior as a fundamental breach of university standards meriting the¶ strongest punitive measures. But often insulting expressions will result from¶ insensitivity or ignorance; complaints about such behavior should be seen as¶ opportunities for teaching, and creative informal measures that make the offenders¶ aware of the harmful consequences and injustice of their behavior¶ should be pursued. The school should also provide succor to the victim¶ whose hurt and anger must be acknowledged and meliorated. But severely¶ punishing ignorant young people for expressions inherited from their parents¶ or neighborhoods may serve to harden. and focus their sense of grievance,¶ create martyrs, and prolong racial animosity. Deans who administer such¶ rules must overcome their personal repugnance at racist speech and enforce¶ the rules for the benefit of the entire community. Controversial interpretative¶ application of the rules should be placed in the hands of faculty and¶ students representative of the entire institution, and the accused, the victim,¶ and the dean should have an opportunity to express their perspectives.¶ A recurrent concern regarding rules against racial insults is their vague-ness and overbreadth. These, of course, were the bases upon which the University¶ of Michigan's policy was declared unconstitutional, although the¶ demonstrated propensity of the school to apply the policy to presumptively¶ protected speech appears to have steered the Court's conclusions on these¶ issues.17 6 In general, university disciplinary rules rarely are struck down for¶ vagueness; courts usually permit universities to regulate student conduct on¶ the basis of generally stated norms, so long as they give fair notice of the¶ behavior proscribed. 177 Courts generally are more strict regarding vagueness¶ in rules that affect speech, in no small part because of the distrust of the¶ competence and motives of the government censor.178¶ A central argument of this article has been that the university can be¶ trusted to administer rules prohibiting racial insults because it has the proper¶ moral basis and adequate expertise to do so. It is not surprising, therefore,¶ that I believe that vagueness concerns about such university rules are largely¶ misplaced. This is not to deny that a university should adopt safeguards to¶ protect accused students from the concerns that the courts have highlighted.¶ First, the rules should state explicitly that no one may be disciplined for the¶ good faith statement of any proposition susceptible to reasoned response, no¶ matter how offensive. The possibility that punishment is precluded by this¶ limitation should be addressed at every stage of the disciplinary process. Second,¶ some response between punishment and acquittal should be available¶ when the university concludes that the speaker was subjectively unaware of¶ the offensive character of his speech; these cases seem to present mainly educational¶ concerns. Third, all controversial issues of interpretation of the¶ rules should be entrusted to a panel of faculty and students who are representative¶ of the institution. Rules furthering primarily academic concerns about¶ the quality of speech and the development of students should be given meaning¶ by those most directly concerned with the academic enterprise rather¶ than by administrators who may register more precisely external political¶ pressures on the university. Given these safeguards and a comprehensible¶ definition of an unacceptable insult, such as the one ventured in the introduction¶ to this article,179 a court which accepts the underlying proposition that a¶ university has the constitutional authority to regulate racial insults should¶ not be troubled independently by vagueness.¶ A difficult prudential consideration is whether a university should decline¶ to regulate insults because of public criticism that censorship demeans the very intellectual virtues towards which the university strives, such as the superiority¶ of persuasion over compulsion. Obviously, the adoption of such¶ regulation has brought forth sincere and bitter criticism from many friends of¶ higher education-the Economist, for example, went so far as to call such¶ regulations "disgraceful."'' 80 To some extent these criticisms stem from misunderstanding¶ about the character of academic speech and the goals of¶ prohibitions on racial insult, but universities should admit that turning to¶ regulation marks a sad failure in civility. A failure already has occurred,¶ however, when students scurrilously demean other students because of their¶ race. The university at this point can only choose among evils. It would not¶ be true to its traditions if it did not come down on the side of protecting the¶ educational environment for blameless students against wanton and hurtful¶ ranting. 12 -Hate speech codes are effective they create legal recognition which is key to challenge a culture of racism. 13 -Michel Rosenfeld* Justice Sydney L. Robins Professor of Human Rights, Benjamin N. Cardozo School¶ of Law. 24 Cardozo L. Rev. 1523 2002-2003 14 - 15 --Article surveyed hate speech laws across US, UK, Canada, Germany 16 - 17 -The principal disadvantages to the approach to hate speech¶ under consideration, on the other hand, are: that it inevitably has¶ to confront difficult line drawing problems, such as that between¶ fact and opinion in the context of the German scheme of¶ regulation; that when prosecution of perpetrators of hate speech¶ fails, such as in the British Southern News case discussed above,'30¶ regulation may unwittingly do more to legitimate and to¶ disseminate the hate propaganda at issue than a complete absence¶ of regulation would have;' that prosecutions may be too selective¶ or too indiscriminate owing to (often unconscious) biases¶ prevalent among law enforcement officials, as appears to have¶ been the case in the prosecutions of certain black activists under¶ the British Race Relations Act;'32 and, that since not all that may¶ appear to be hate speech actually is hate speech-such as the¶ documentary report involved in Jersild33 or a play in which a racist¶ character engages in hate speech, but the dramatist intends to¶ convey an anti-hate message-regulation of that speech may¶ unwisely bestow powers of censorship over legitimate political,¶ literary and artistic expression to government officials and judges.¶ In the last analysis, none of the existing approaches to hate¶ speech are ideal, but on balance the American seems less¶ satisfactory than its alternatives. Above all, the American¶ approach seems significantly flawed in some of its assumptions, in¶ its impact and in the message it conveys concerning the evils¶ surrounding hate speech. In terms of assumptions, the American¶ approach either underestimates the potential for harm of hate¶ speech that is short of incitement to violence, or it overestimates¶ the potential of rational deliberation as a means to neutralize calls¶ to hate. In terms of impact, given its long history of racial¶ tensions, it is surprising that the United States does not exhibit¶ greater concern for the injuries to security, dignity, autonomy and¶ well being which officially tolerated hate speech causes to its black¶ minority. Likewise, America's hate speech approach seems to¶ unduly discount the pernicious impact that racist hate speech may have on lingering or dormant racist sentiments still harbored by a¶ non-negligible segment of the white population.'34 Furthermore,¶ even if we discount the domestic impact of hate speech, given the¶ worldwide spread of locally produced hate speech, such as in the¶ case of American manufactured Neo-Nazi propaganda¶ disseminated through the worldwide web, a strong argument can¶ be made that American courts should factor in the obvious and¶ serious foreign impact of certain domestic hate speech in¶ determining whether such speech should be entitled to¶ constitutional protection. Finally, in terms of the message¶ conveyed by refusing to curb most hate speech, the American¶ approach looms as a double-edged sword. On the one hand,¶ tolerance of hate speech in a country in which democracy has been¶ solidly entrenched since independence over two hundred years ago¶ conveys a message of confidence against both the message and the¶ prospects of those who endeavor to spread hate.'35 On the other¶ hand, tolerance of hate speech in a country with serious and¶ enduring race relations problems may reinforce racism and¶ hamper full integration of the victims of racism within the broader¶ community.'36¶ The argument in favor of opting for greater regulation of hate¶ speech than that provided in the United States rests on several¶ important considerations, some related to the place and function¶ of free speech in contemporary constitutional democracies, and¶ others to the dangers and problems surrounding hate speech.¶ Typically, contemporary constitutional democracies are¶ increasingly diverse, multiracial, multicultural, multireligious and¶ multilingual. Because of this and because of increased migration,¶ a commitment to pluralism and to respect of diversity seem¶ inextricably linked to vindication of the most fundamental¶ individual and collective rights. Increased diversity is prone to¶ making social cohesion more precarious, thus, if anything,¶ exacerbating the potential evils of hate speech. Contemporary¶ democratic states, on the other hand, are less prone to curtailing free speech rights than their predecessors either because of deeper¶ implantation of the democratic ethos or because respect of¶ supranational norms has become inextricably linked to continued¶ membership in supranational alliances that further vital national¶ interests.¶ In these circumstances, contemporary democracies are more¶ likely to find themselves in a situation like stage four in the context¶ of the American experience with free speech rather than in one¶ that more closely approximates a stage one experience.'37 In other¶ words, to drown out minority discourse seems a much greater¶ threat than government prompted censorship in contemporary¶ constitutional democracies that are pluralistic. Actually, viewed¶ more closely, contemporary pluralistic democracies tend to be in a¶ situation that combines the main features of stage two and stage¶ four. Thus, the main threats to full fledged freedom of expression¶ would seem to come primarily from the "tyranny of the majority"¶ as reflected both within the government and without, and from the¶ dominance of majority discourses at the expense of minority ones.¶ If it is true that majority conformity and the dominance of its¶ discourse pose the greatest threat to uninhibited self-expression¶ and unconstrained political debate in a contemporary pluralist¶ polity, then significant regulation of hate speech seems justified.¶ This is not only because hate speech obviously inhibits the selfexpression¶ and oopportunity of inclusion of its victims, but also,¶ less obviously, because hate speech tends to bear closer links to¶ majority views than might initially appear. Indeed, in a¶ multicultural society, while crude insults uttered by a member of¶ the majority directed against a minority may be unequivocally¶ rejected by almost all other members of the majority culture, the¶ concerns that led to the hate message may be widely shared by the¶ majority culture who regard of other cultures as threats to their¶ way of life. In those circumstances, hate speech might best be¶ characterized as a pathological extension of majority feelings or¶ beliefs.¶ So long as the pluralist contemporary state is committed to¶ maintaining diversity, it cannot simply embrace a value neutral¶ mindset, and consequently it cannot legitimately avoid engaging in¶ some minimum of viewpoint discrimination. This is made clear by¶ the German example, and although the German experience has¶ been unique, it is hard to imagine that any pluralist constitutional¶ democracy would not be committed to a similar position, albeit to¶ a lesser degree.'38 Accordingly, without adopting German free speech jurisprudence, at a minimum contemporary pluralist¶ democracy ought to institutionalize viewpoint discrimination¶ against the crudest and most offensive expressions of racism,¶ religious bigotry and virulent bias on the basis of ethnic or national¶ origin - EntryDate
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... ... @@ -1,1 +1,0 @@ 1 -2017-04-07 06:00:00.0 - Judge
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... ... @@ -1,1 +1,0 @@ 1 -Matthew Leivano - Opponent
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... ... @@ -1,1 +1,0 @@ 1 -Peninsula JL - ParentRound
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... ... @@ -1,1 +1,0 @@ 1 -13 - Round
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... ... @@ -1,1 +1,0 @@ 1 -2 - Team
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... ... @@ -1,1 +1,0 @@ 1 -Harvard Westlake Berliin Neg - Title
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... ... @@ -1,1 +1,0 @@ 1 -JanFeb - CP - Hate Speech - Tournament
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... ... @@ -1,1 +1,0 @@ 1 -USC
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... ... @@ -1,39 +1,0 @@ 1 -T – Academic Freedom 2 - 3 -1NC 4 - 5 -Interpretation: The Aff must only defend a restriction on freedom of speech on college campuses. 6 - 7 -Violation: The plan text is explicitly about academic freedom which isn’t free speech. 8 - 9 -Academic freedom is no longer protected under the 1st amendment. Moshman 10 10 -David Moshman (president of the ACLU of Nebraska and of the Academic Freedom Coalition of Nebraska. A professor emeritus of educational psychology at the University of Nebraska−Lincoln. His books include Liberty and learning: Academic freedom for teachers and students (2009)), 11/16/10, “Academic Freedom is Not Protected by the First Amendment,” Huff Post. 11 -There, I said it, right in the title. And however much it hurts I’ll say it again: Academic freedom is not protected by the First Amendment. Recognizing this is the first step in defending academic freedom.¶ We should be clear from the start that academic freedom is not simply a First Amendment right. Academic freedom is intellectual freedom in academic contexts, which is both more and less than the constitutional requirement that the government “make no law... abridging the freedom of speech” (see my “Liberty and Learning: Academic Freedom for Teachers and Students”).¶ For a substantial portion of the 20th century, however, the First Amendment did protect important aspects of academic freedom. Alas, it no longer does. Here’s a two-minute summary of the constitutional history:¶ In West Virginia vs. Barnette (1943), the United States Supreme Court ruled that public schools may not require students to salute the flag and pledge their allegiance. It was a violation of the First Amendment for public education to be used for the purpose of indoctrinating a captive audience.¶ In Sweezy vs. New Hampshire (1957) the Court recognized the constitutional status of academic freedom in finding for a Marxist economist targeted by McCarthyism. The plurality and concurring opinions disagreed, however, as to whether constitutional academic freedom is primarily a right of individual teachers or a right of colleges as institutions.¶ In Keyishian vs. Board of Regents (1967), the Court proclaimed: “Our nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.”¶ In Tinker vs. Des Moines (1969), involving secondary school students wearing black armbands to protest the United States military intervention in Vietnam, the Court reinforced the applicability of the First Amendment in schools at all levels of education. Neither students nor teachers, it insisted, shed their First Amendment rights at the schoolhouse gate.¶ They shed them, it turned out, at the classroom door. In Hazelwood vs. Kuhlmeier (1988), the Court ruled that because a student newspaper was part of the journalism curriculum it therefore fell largely outside the domain of the First Amendment. Without argument or analysis the Court simply assumed that the First Amendment in schools applies only to speech outside the curriculum.¶ Federal courts since Hazelwood have been increasingly clear that, in matters of curriculum, school officials have broad latitude to determine the school’s message and restrict expression accordingly. Curriculum at all levels of education is a First Amendment-free zone. Teachers are hired to teach whatever they are told to teach and students are there to learn it.¶ Just as it seemed things couldn’t get worse, the Supreme Court determined in Garcetti vs. Ceballos (2006) that public employees in general do not have First Amendment rights when they are doing their jobs. Lower courts have applied this ruling to teachers at all levels of education, thus reinforcing Hazelwood.¶ By the time of Morse vs. Frederick (2007), it was clear that the First Amendment does not apply within the curriculum and thus provides no constitutional protection for academic freedom. The question was how far around the school the freedom-free zone extends. The Supreme Court found that it extends even across the street if one is holding a sign that says “Bong Hits 4 Jesus.” 12 - 13 - 14 - 15 -Their pre-empt Wright evidence doesn’t make a claim about the legal status of academic freedom, only that it shares values with free speech. Prefer the above evidence about legal precedent because it’s what actually determines constitutional protection. Just in case – they’re wrong about the values. Post 11/16 16 -“Robert C. Post on why speech at universities must be regulated,” 11/14/16, Robert C Post (legal scholar and dean of Yale Law School), Brown News. 17 -“There are different kinds of freedoms that are related to the two different kinds of missions of a modern university — research on the one hand, teaching on the other,” he said. “But in either case, these freedoms are conceptually distinct from the kind of freedom of speech that derives from the political arena, where all are equal and all have to exist for the end of self-governance. The university is not about self-governance. The university is about the attainment of education and the attainment of knowledge.” To frame his argument, Post first defined three basic rules governing freedom of speech as outlined in the First Amendment to the U.S. Constitution and defined by the Supreme Court: first, the state can’t tell a speaker that they have to speak about any particular content; second, there are no true or false opinions and all ideas are equal; and third, the state cannot compel a person to speak. He then defined the mission of most universities as being primarily two things — research, or the discovery and advancement of knowledge; and teaching, the conveying of knowledge. In order to advance these two goals, he said, universities cannot and should not follow these three basic rules of freedom of speech. Research, Post said, is ultimately based in the notion that not everyone has equal knowledge of a given topic and that expert knowledge is created through disciplinary study. “When we are talking about university research and expanding knowledge, it is resting on a disciplinary hierarchy, which is exactly opposite of the democratic equality on which freedom of speech rests,” he said. 18 - 19 -Standards: 20 - 21 -Limits – Their interp justifies affs about anything vaguely related to speech rights – copyright regulations, slander, civil rights, and libel affs are just a few examples. Explodes neg prep burden and kills predictability because they’re all vastly different bodies of literature which means no generics apply which kills fairness and engagement. Procedurally, if I can’t access their education it doesn’t matter. 22 - 23 - 24 - 25 -Vote on substantive engagement: otherwise we’re speaking without debating and there’s nothing to separate us from dueling oratory. It also creates the most valuable long-term skills since we need to learn how to defend our beliefs in any context, like politics. 26 - 27 -Drop the debater on T: 28 - 29 -A. Hold them accountable for their interp – a topical advocacy frames the debate - drop the arg lets them jump ship to a new layer killing NEG ground. 30 - 31 -B. Drop the arg on T is the same thing as drop the debater since T indicts their advocacy 32 - 33 -C. Even if the plank in the plan text is just extra T – all their offense is based on that academic freedom so you should vote neg on presumption. 34 - 35 -Competing interps since reasonability invites arbitrary judge intervention based on preference rather than argumentation and encourages a race to the bottom in which debaters exploit a judge’s tolerance for questionable argumentation. 36 - 37 -No RVIs: 38 - 39 - A. They incentivize debaters to go all in in theory and bait it with abusive practices, killing substantive clash on other flows. B. They can run theory on me too if I’m unfair so 1) theory is reciprocal because we’re both able to check abuse and 2) also cures time skew because they can collapse in the 2ar to their shell. - EntryDate
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... ... @@ -1,1 +1,0 @@ 1 -2017-04-08 20:00:45.0 - Judge
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... ... @@ -1,1 +1,0 @@ 1 -Zarek Drzada - Opponent
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... ... @@ -1,1 +1,0 @@ 1 -Science BA - ParentRound
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... ... @@ -1,1 +1,0 @@ 1 -14 - Round
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... ... @@ -1,1 +1,0 @@ 1 -2 - Team
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... ... @@ -1,1 +1,0 @@ 1 -Harvard Westlake Berliin Neg - Title
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... ... @@ -1,1 +1,0 @@ 1 -JanFeb - T - Academic Freedom - Tournament
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... ... @@ -1,1 +1,0 @@ 1 -NDCA
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... ... @@ -1,30 +1,0 @@ 1 -Interpretation: The aff must defend that no constitutionally protected speech may be restricted by public colleges or universities. To clarify, they can’t defend a restriction on only a kind, setting, or timing of speech. 2 - 3 -The term “any” in the res is the weak form of “any” - “not any” statements refer to “all”. Cambridge Dictionary 4 - 5 -Cambridge Dictionary, Any, http://dictionary.cambridge.org/grammar/british-grammar/quantifiers/any. NS 6 - 7 -We use any before nouns to refer to indefinite or unknown quantities or an unlimited entity: Did you bring any bread? Mr Jacobson refused to answer any questions. If I were able to travel back to any place and time in history, I would go to ancient China. Any as a determiner has two forms: a strong form and a weak form. The forms have different meanings. Weak form any: indefinite quantities We use any for indefinite quantities in questions and negative sentences. We use some in affirmative sentences: Have you got any eggs? I haven’t got any eggs. I’ve got some eggs. Not: I’ve got any eggs. We use weak form any only with uncountable nouns or with plural nouns: talking about fuel for the car Do I need to get any petrol? (+ uncountable noun) There aren’t any clean knives. They’re all in the dishwasher. (+ plural noun) Warning: We don’t use any with this meaning with singular countable nouns: Have you got any Italian cookery books? (or … an Italian cookery book?) Not: Have you got any Italian cookery book? Strong form any meaning ‘it does not matter which’ We use any to mean ‘it does not matter which or what’, to describe something which is not limited. We use this meaning of any with all types of nouns and usually in affirmative sentences. In speaking we often stress any:. (+ uncountable noun) When you make a late booking, you don’t know where you’re going to go, do you? It could be any destination. (+ singular countable noun) talking about a contract for new employees Do we have any form of agreement with new staff when they start? (+ singular countable noun) a parent talking to a child about a picture he has painted A: I don’t think I’ve ever seen you paint such a beautiful picture before. Gosh! Did you choose the colours? B: We could choose any colours we wanted. (+ plural countable noun) See also: Determiners and types of noun Some and any Any as a pronoun Any can be used as a pronoun (without a noun following) when the noun is understood. A: Have you got some £1 coins on you? B: Sorry, I don’t think I have any. (understood: I don’t think I have any £1 coins.) parents talking about their children’s school homework A: Do you find that Elizabeth gets lots of homework? Marie gets a lot. B: No not really. She gets hardly any. (understood: She gets hardly any homework.) A: What did you think of the cake? It was delicious, wasn’t it? B: I don’t know. I didn’t get any. (understood: I didn’t get any of the cake.) See also: Determiners used as pronouns Any of We use any with of before articles (a/an, the), demonstratives (this, these), pronouns (you, us) or possessives (his, their): Shall I keep any of these spices? I think they’re all out of date. Not: … any these spices? We use any of to refer to a part of a whole: Are any of you going to the meeting? I couldn’t answer any of these questions. I listen to Abba but I’ve never bought any of their music. Any doesn’t have a negative meaning on its own. It must be used with a negative word to mean the same as no. Compare Not Any: there aren’t any biscuits left. They’ve eaten them all. No: There are no biscuits left. They’ve eaten them all. 8 -Outweighs - it takes into account AFF definitions which assume a strong form of “any” that justifies singular cases. 9 -Determining semantics comes before other standards: 10 - 11 -A. It’s the only stasis point we know before the round so it controls the internal link to engagement, and there’s no way to use ground if debaters aren’t prepared to defend it. 12 - 13 -B. Grammar is the most objective since it doesn’t rely on arbitrary determinants of what constitutes the best type of debate – it’s the only impact you can evaluate. 14 - 15 -C. The AFF isn’t topical regardless of fairness or education since it doesn’t affirm the text - we wouldn’t debate rehab again just because it was a good topic.. 16 - 17 - 18 -Violation: 19 - 20 -Standards: 21 - 22 -1. Limits: They allow way too many affs, newpapers, protests, specific races, sexual orientations, and places on campuses. That explodes neg prep burden and predictability which kills fairness and engagement. Procedurally, if I can’t access their education it doesn’t matter. T version of the AFF solves their offense – they can read advantages in any topic area which ensures NEG responses. 23 - 24 -2. Legal precision – multiple court rulings agree with our interp. Elder 91 25 -Elder ‘91(David S. Elder, October 1991, "Any and All": To Use Or Not To Use?” "Plain Language' is a regular feature of the Michigan Bar Journal, edited by Joseph Kimble for the State Bar Plain English Committee. Assistant editor is George H. Hathaway. Through this column the Committee hopes to promote the use of plain English in the law. Want to contribute a plain English article? Contact Prof. Kimble at Thomas Cooley Law School, P.O. Box 13038, Lansing, MI 48901, http://www.michbar.org/file/generalinfo/plainenglish/pdfs/91_oct.pdf | SP) 26 -The Michigan Supreme Court seemed to approve our dictionary definitions of "any" in Harrington v Interstate Business Men's Accident Ass'n, 210 Mich 327, 330; 178 NW 19 (1920), when it quoted Hopkins v Sanders, 172 Mich 227; 137 NW 709 (1912). The Court defined "any" like this: "In broad language, it covers 'arl'v final decree' in 'any suit at law or in chancery' in 'any circuit court.' Any' means ,every,' 'each one of all."' In a later case, the Michigan Supreme Court again held that the use of "any" in an agency contract meant "all." In Gibson v Agricultural Life Ins Co, 282 Mich 282, 284; 276 NW 450 (1937), the clause in controversy read: "14. The Company shall have, and is hereby given a first lien upon any commissions or renewals as security for any claim due or to become due to the Company from said Agent." (Emphasis added.) The Gibson court was not persuaded by the plaintiff's insistence that the word "any" meant less than "all": "Giving the wording of paragraph 14 oJ the agency contract its plain and unequivocable meaning, upon arriving at the conclusion that the sensible connotation of the word any' implies 'all' and not 'some,' the legal conclusion follows that the defendant is entitled to retain the earned renewal commissions arising from its agency contract with Gibson and cannot be held legally liable for same in this action," Gibson at 287 (quoting the trial court opinion). The Michigan Court of Appeals has similarly interpreted the word "any" as used in a Michigan statute. In McGrath v Clark, 89 Mich App 194; 280 NW2d 480 (1979), the plaintiff accepted defendant's offer of judgment. The offer said nothing about prejudgment interest. The statute the Court examined was MCL 600.6013; MSA 27A.6013: "Interest shall be allowed on any money judgment recovered in a civil action...." The Court held that "the word 'any' is to be considered all-inclusive," so the defendants were entitled to interest. McGrath at 197 Recently, the Court has again held that "alny means 'every,' 'each one of all,' and is unlimited in its scope." Parker v Nationwide Mutual Ins Co, 188 Mich App 354, 356; 470 NW2d 416 (1991) (quoting Harrington v InterState Men's Accident Ass'n, supra) 27 - 28 -Legal precision determines topic literature and pre round prep – it’s a legal topic about first amendment jurisprudence. This is key to predictability and giving the neg a fair research burden to engage the affirmative. 29 - 30 -Vote on substantive engagement: otherwise we’re speaking without debating and there’s nothing to separate us from dueling oratory. It also creates the most valuable long-term skills since we need to learn how to defend our beliefs in any context, like politics. - EntryDate
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... ... @@ -1,1 +1,0 @@ 1 -2017-04-09 01:32:37.0 - Judge
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... ... @@ -1,1 +1,0 @@ 1 -Chris Teis - Opponent
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... ... @@ -1,1 +1,0 @@ 1 -Harker QC - ParentRound
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... ... @@ -1,1 +1,0 @@ 1 -15 - Round
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... ... @@ -1,1 +1,0 @@ 1 -4 - Team
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... ... @@ -1,1 +1,0 @@ 1 -Harvard Westlake Berliin Neg - Title
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... ... @@ -1,1 +1,0 @@ 1 -JanFeb - T - Any - Tournament
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... ... @@ -1,1 +1,0 @@ 1 -NDCA
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... ... @@ -1,29 +1,0 @@ 1 -A: interpretation the affirmative may only defend that public colleges and universities eliminate restrictions on constitutionally protected speech. 2 - 3 -B: Title IX doesn’t apply to protected speech. It only restricts unprotected speech. Office for Civil Rights 07 4 - 5 -Office for Civil Rights. 1/25/07 The Department has determined that this document is a “significant guidance document” under the Office of¶ Management and Budget’s Final Bulletin for Agency Good Guidance Practices, 72 Fed. Reg. 3432 (Jan. 25, 2007),¶ available at The Office for¶ Civil Rights (OCR) issues this and other policy guidance to provide recipients with information to assist them in meeting¶ their obligations, and to provide members of the public with information about their rights, under the civil rights laws¶ and implementing regulations that we enforce. OCR’s legal authority is based on those laws and regulations. This¶ guidance does not add requirements to applicable law, but provides information and examples to inform recipients¶ about how OCR evaluates whether covered entities are complying with their legal obligations. If you are interested in¶ commenting on this guidance, please send an e-mail with your comments to OCR@ed.gov, or write to the following UNITED STATES DEPARTMENT OF EDUCATION¶ OFFICE FOR CIVIL RIGHTS https://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf 6 - 7 -Answer: The DCL on sexual violence did not expressly address First Amendment issues¶ because it focuses on unlawful physical sexual violence, which is not speech or expression¶ protected by the First Amendment.¶ However, OCR’s previous guidance on the First Amendment, including the 2001 Guidance,¶ OCR’s July 28, 2003, Dear Colleague Letter on the First Amendment,35 and OCR’s October¶ 26, 2010, Dear Colleague Letter on harassment and bullying,36 remain fully in effect. OCR¶ has made it clear that the laws and regulations it enforces protect students from¶ prohibited discrimination and do not restrict the exercise of any expressive activities or¶ speech protected under the U.S. Constitution. Therefore, when a school works to prevent and redress discrimination, it must respect the free-speech rights of students, faculty, and¶ other speakers.¶ Title IX protects students from sex discrimination; it does not regulate the content of¶ speech. OCR recognizes that the offensiveness of a particular expression as perceived by¶ some students, standing alone, is not a legally sufficient basis to establish a hostile¶ environment under Title IX. Title IX also does not require, prohibit, or abridge the use of¶ particular textbooks or curricular materials.37 8 - 9 - 10 -The affirmative makes unprotected speech protected, which is distinct from restrictions on already protected speech. 11 - 12 -C: Limits – if the aff doesn’t defend protected speech then there’s an infinite amount of plans that they can defend because they can specify any kind of speech becoming permissible. Limits kill fairness – if there’s no basis to predict their aff then we can’t prep it and will only get generics that don’t really apply to their aff. Infinte pre round prep means they’ll roast us on generics every time. Also kills education and engagement - if we can’t predict their aff than discussion is bad and we don’t’ learn anything. 13 - 14 -Also jurisdiction is independent voter – a) Grammar is the most objective since it doesn’t rely on arbitrary determinants of what constitutes the best type of debate – it’s the only impact you can evaluate. B) The AFF isn’t topical regardless of fairness or education since it doesn’t affirm the text - we wouldn’t debate rehab again just because it was a good topic. 15 - 16 - 17 -Voter is fairness – debate is a competitive activity and you have to decide who did the better debating, which is impossible if they structure their case where it’s impossible for me to win. 18 - 19 -Drop the debater on T: 20 - 21 -A. Hold them accountable for their interp – a topical advocacy frames the debate - drop the arg lets them jump ship to a new layer killing NEG ground. 22 - 23 -B. Drop the arg on T is the same thing as drop the debater since T indicts their advocacy 24 - 25 -Competing interps since reasonability invites arbitrary judge intervention based on preference rather than argumentation and encourages a race to the bottom in which debaters exploit a judge’s tolerance for questionable argumentation. 26 - 27 -No RVIs: 28 - 29 -A. They incentivize debaters to go all in in theory and bait it with abusive practices, killing substantive clash on other flows. B. They can run theory on me too if I’m unfair so 1) theory is reciprocal because we’re both able to check abuse and 2) also cures time skew because they can collapse in the 2ar to their shell. - EntryDate
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... ... @@ -1,1 +1,0 @@ 1 -2017-04-09 01:32:39.0 - Judge
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... ... @@ -1,1 +1,0 @@ 1 -12 - EntryDate
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... ... @@ -1,1 +1,0 @@ 1 -2017-02-19 23:14:28.0 - Judge
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... ... @@ -1,1 +1,0 @@ 1 -https://hsld.debatecoaches.org/download/Harvard+Westlake/Berliin+Neg/Harvard%20Westlake-Berliin-Neg-Berkely-Round5.docx - Opponent
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... ... @@ -1,1 +1,0 @@ 1 -Loyola AD - Round
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... ... @@ -1,3 +1,0 @@ 1 -AC is BDS 2 -Nc Cap US-Israel Relations Da Turns 3 -Nr Da - Tournament
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... ... @@ -1,1 +1,0 @@ 1 -2017-04-07 05:51:27.0 - Judge
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... ... @@ -1,1 +1,0 @@ 1 -St Francis DJ - Round
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... ... @@ -1,2 +1,0 @@ 1 -Aff was cap 2 -NC Turns Trutil Tittle 9 - Tournament
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... ... @@ -1,1 +1,0 @@ 1 -13 - EntryDate
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... ... @@ -1,1 +1,0 @@ 1 -2017-04-07 05:52:06.0 - Judge
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... ... @@ -1,1 +1,0 @@ 1 -Preston Stolte - OpenSource
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... ... @@ -1,1 +1,0 @@ 1 -https://hsld.debatecoaches.org/download/Harvard+Westlake/Berliin+Neg/Harvard%20Westlake-Berliin-Neg-Berkely-Round1.docx - Opponent
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... ... @@ -1,1 +1,0 @@ 1 -St Francis DJ - Round
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... ... @@ -1,2 +1,0 @@ 1 -Aff was cap 2 -NC Turns Trutil Tittle 9 - Tournament
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... ... @@ -1,1 +1,0 @@ 1 -14 - EntryDate
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... ... @@ -1,1 +1,0 @@ 1 -2017-04-07 05:55:44.0 - Judge
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... ... @@ -1,1 +1,0 @@ 1 -Adam Bistagne - OpenSource
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... ... @@ -1,1 +1,0 @@ 1 -https://hsld.debatecoaches.org/download/Harvard+Westlake/Berliin+Neg/Harvard%20Westlake-Berliin-Neg-USC-Round4.docx - Opponent
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... ... @@ -1,1 +1,0 @@ 1 -Marlbourgh GN - Round
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... ... @@ -1,2 +1,0 @@ 1 -1NC Cap and Title 9 2 -Went for Cap - Tournament
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... ... @@ -1,1 +1,0 @@ 1 -2017-04-07 05:59:58.0 - Judge
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... ... @@ -1,1 +1,0 @@ 1 -Matthew Leivano - OpenSource
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... ... @@ -1,1 +1,0 @@ 1 -Peninsula JL - Round
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... ... @@ -1,3 +1,0 @@ 1 -Non T-aff 2 -NC FW adn Hate speech Pic 3 -went for pic lol - Tournament
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... ... @@ -1,1 +1,0 @@ 1 -2017-04-08 20:00:42.0 - Judge
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... ... @@ -1,1 +1,0 @@ 1 -Zarek Drzada - OpenSource
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... ... @@ -1,1 +1,0 @@ 1 -https://hsld.debatecoaches.org/download/Harvard+Westlake/Berliin+Neg/Harvard%20Westlake-Berliin-Neg-NDCA-Round2.docx - Opponent
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... ... @@ -1,1 +1,0 @@ 1 -Science BA - Round
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... ... @@ -1,3 +1,0 @@ 1 -1AC Acadmemic freddom 2 -1nc hate speech t academic freedom case 3 -1nr t - Tournament
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... ... @@ -1,0 +1,23 @@ 1 +Federal government funding is continuing to grow – there has been a steady increase over 15 years Camera, MA, 16 2 +Lauren Camera, Education Reporter, 1-14-2016, "Federal Education Funding: Where Does the Money Go?," US News and World Report, http://www.usnews.com/news/blogs/data-mine/2016/01/14/federal-education-funding-where-does-the-money-go VC 3 +Government spending on education has surged over the last decade and a half, with money being funneled to federal programs for low-income students, students with disabilities and a slate of competitions that the Obama administration launched through the economic stimulus package. Since 2002, federal funding for education has increased by 36 percent, from $50 billion to $68 billion, according to an analysis by the Committee for Education Funding, a District of Columbia-based advocacy organization. It peaked in 2009 at $97 million, thanks to an injection of dollars from the economic stimulus, most of which went to staving off teacher layoffs. Total ED Discretionary Funding COMMITTEE FOR EDUCATION FUNDING By far, the biggest amount of federal education dollars goes toward funding the Pell Grant program, a tuition assistance initiative for low-income students. In fiscal 2016, the government is spending $22 billion to fund Pell Grants, twice what was spent in 2002, when the program garnered a little more than $11 billion. READ: Achievement Gap Between White and Black Students Still Gaping The explosion in the tuition assistance program was a result of more people qualifying for the grant, in part because of the Great Recession and in part because the Obama administration lowered the income threshold to qualify. Pell Grants-Discretionary Appropriation COMMITTEE FOR EDUCATION FUNDING The next-largest slice of overall education spending is going toward a grant program for school districts with large numbers of low-income students, known as Title I. Funding for the program also saw a big increase since 2002, going from $10.4 billion to $14.9 billion this year, an increase of 43 percent. 4 +Previous rulings prove that speech codes are key to federal funding 5 +Bernstein, MA, 03 6 +David E. Bernstein, 8-27-2003, "Federal Ruling May Mark End of Speech Codes at Public Universities," Cato Institute, https://www.cato.org/publications/commentary/federal-ruling-may-mark-end-speech-codes-public-universities VC 7 +That ruling was made after male students at Santa Rosa Community College had posted explicit and sexually derogatory remarks about two female students on a discussion group hosted by the college’s computer network. Several aggrieved students filed a complaint against the college with the OCR. It found that the messages probably created a hostile educational environment on the basis of sex for one of the students. The college’s toleration of such offensive speech, the government said, would violate Title IX, the law banning discrimination against women by educational institutions that receive federal funding. To avoid losing federal funds, universities across-the-board were required to proactively ban offensive speech by students and diligently punish any violations of that ban. The OCR failed to explain how its rule complied with the First Amendment. Speech codes enacted by public universities clearly violate the First Amendment, even if the codes are enacted in response to the demands of the OCR. So, requiring public universities to enact speech codes or forfeit public funds is obviously unconstitutional. Nevertheless, public university officials ignored the First Amendment and enacted (or retained) speech codes in compliance with the OCR guidelines. While a few schools may have been truly concerned about the potential loss of federal funding, the prevailing attitude among university officials seemed to be that the OCR’s Santa Rosa decision provided a ready excuse to indulge their preference for speech codes. Indeed, some universities enacted speech codes so broad that, when taken literally, they are absurd. The University of Maryland’s sexual harassment policy, for example , bans “idle chatter of a sexual nature, sexual innuendoes, comments about a person’s clothing, body, and/or sexual activities, comments of a sexual nature about weight, body shape, size, or figure, and comments or questions about the sensuality of a person.” So, at the University of Maryland, saying “I like your shirt, Brenda” has been a punishable instance of sexual harassment. Further, under Maryland’s code the prohibited speech need not address an individual to constitute harassment — saying “I really like men who wear bow ties” is out of bounds, at least if a man who wears bow ties hears about it. Moreover, public university censorship has extended well beyond sex discrimination issues. Federal law also bans discrimination in education based on race, religion, veteran status, and other criteria, and universities argued that they needed to censor speech to prevent a hostile environment for groups protected by those laws. The Santa Rosa case affected private universities, too. Unlike public universities, private universities have the right to enact and enforce voluntary speech codes. However, the First Amendment prohibits the government from requiring private universities to administer speech codes. Nevertheless, based on the Santa Rosa ruling, the government threatened to strip private universities of federal funding if they didn’t enforce speech restrictions to ensure that their students are not exposed to a “hostile environment.” 8 + 9 + 10 +Federal funding is necessary for the success of universities and for future initiatives. Yudof 10 11 +Yudof, Mark G. Former pres of UC Exploring a new role for federal government in higher education. University of California, Office of the President, 2010. 12 +The scale of the mission and demands of the moment call out for an integrated national¶ strategy. It must be one that provides the institutions of higher education with a more reliable¶ funding stream — a prerequisite for educating more students and expanding the research that¶ will see us through the 21st century.¶ Some background is in order. The old model for higher education — in particular as it pertains¶ to public research universities — is being steadily abandoned. For a host of political and societal¶ reasons, states now find themselves with shrinking pools of funds available for so-called discretionary¶ programs. This includes higher education.¶ The trend in part is a byproduct of mounting levels of mandatory spending, most notably¶ Medicaid. According to the authors of “The Growing Imbalance: Recent Trends in U.S. Postsecondary¶ Education Finance,” between 1987 and 2006 Medicaid nationwide more than doubled¶ its share of state budget expenditures, from 10.2 percent to 21.5 percent.¶ Within the same window of time, support for higher learning across the country fell from¶ 12.3 percent of state budgets to 10.4 percent; in California the drop was even more dramatic,¶ from 15.2 percent to 11.5 percent, according to numbers drawn from the National Association¶ of State Budget Officers’ State Expenditure Reports.¶ Inevitably, as states have ratcheted down their investment in higher education, students have¶ been required to pick up an increasingly larger portion of the check. The oft-lamented increases¶ in tuition and fees link directly to dwindling state investment — and not to increases in the¶ actual cost of educating a student, a figure which has been essentially flat.¶ From 1998 to 2005, according to the Delta Cost Project (DCP), educational spending for a fulltime-equivalent¶ student, adjusted for inflation, rose by only two-tenths of 1 percent at public¶ research institutions. And yet, strikingly, tuition rose by more than one-third, 34.6 percent. These¶ higher bills paid by students, the DCP investigators noted, “primarily replaced lost state appropriations.”¶ The crunch placed on students is not unlike what befalls workers when their employers switch¶ to less-generous health plans. The cost of producing a prescription drug might stay the same,¶ but the patient’s co-payment goes up. That’s what is happening to American university students,¶ and it appears to be having an impact on enrollment.¶ The United States once led the world in the proportion of 20–29 year olds who were college educated.¶ It now ranks 14th.¶ The Association of Public and Land-grant Universities (APLU) estimates that the production of¶ bachelor and associate degrees in this country would need to increase from 2.1 million in 2007-¶ 08 to 3 million in 2025 in order to match the proportion of young adults (25 to 34 years old)¶ with similar degrees in Canada and Japan. Those two countries stand as world leaders, with about 55 percent of their young adults earning¶ college degrees. The rate in the United States lags at 41.6 percent. For the country to catch up by¶ 2025, the APLU estimates, undergraduate enrollment must grow by about 42 percent, climbing¶ in less than two decades from 8.9 million FTE students to 12.6 million. An expansion of this scale¶ would require an additional $40.2 billion in higher education spending. To apply perspective,¶ that’s an increase of more than half of the $77 billion investment in higher learning made by all¶ states combined in 2006.¶ The sad irony is that this country was once considered the world leader in the development of¶ higher education. In California, we pioneered the model of state-funded, accessible, excellent¶ education for all eligible citizens, an approach which the Republic of Korea, Saudi Arabia, Singapore¶ and many other nations are now trying to emulate even as we walk away from it.¶ Let’s linger for a moment on what the Republic of Korea has been doing. Since the mid-1990s,¶ the Korean government has shifted its national priorities to improve and diversify universities.¶ For instance, in 2009 alone, according to the Korean Ministry of Education, Science and Technology¶ (MEST), it will allocate 5.2 trillion won (approximately $4.1 billion) for higher education¶ funding — an increase of 14.2 percent over the previous year. Last year the Republic of Korea¶ launched an Educational Capacity Enhancement Project, which through grants seeks to ensure¶ that campuses can meet industrial demands for a high quality work force. And its Brain Korea 21¶ Project, instituted in the late 1990s, continues to pursue improvements in research infrastructure¶ and graduate-level training.¶ Contrast this push to the conclusions in a recent McKinsey and Co. report, “The Economic Impact¶ of the Achievement Gap in America’s Schools,” which described the true cost of the United¶ States’ under-investing in human capital as “lower earnings, poorer health and higher rates of¶ incarceration.”¶ The educational gaps between the United States and competing industrial nations, the study¶ found, “impose the equivalent of a permanent national recession…. The gross domestic product¶ in 2008 could have been $1.3 to $2.3 trillion higher (9 percent to 16 percent of GDP)” if the nation’s¶ academic achievement levels were equal to those of Finland or South Korea.¶ Robert Reich, former U.S. secretary of labor and current UC Berkeley professor, makes a¶ compelling argument that to attract jobs and capital, nations and states face two, quite different¶ choices: Build a low-tax, low-wage, highly deregulated economy (i.e., a smokestack, warehouse¶ economy); or, levy higher taxes and impose more regulation, but invest in the human capital¶ development necessary to sustain a highly productive labor force.¶ “The only resource uniquely rooted in a national economy,” Reich says, “is its people — their¶ skills, insights, capacities to collaborate, and the transportation and communication systems that¶ link them together. Public investment is the key to attracting long-term private investment so¶ that a nation’s people can prosper.”¶ At present, though, America finds itself playing catch-up. There are needs on many fronts.¶ Pinpointing one key competitive indicator, the Lumina Foundation for Education has adopted a¶ “Big Goal” to increase the percentage of Americans with quality two- or four-year degrees to¶ 60 percent by 2025. Similarly, a recent study by the Public Policy Institute of California projects a shortage of 1 million¶ college graduates that will be needed to maintain the state’s 2025 work force. Unless policy changes¶ are made, only 35 of working-age adults in that year will hold a four-year degree, while 41 percent¶ of the jobs will require one.¶ Opening the tap to create more college graduates, however, is not a simple task. Among other¶ enhancements, it will require more qualified faculty, which in turn will trigger a need for more¶ graduate students. The growing demand for the research that is the province of our great¶ universities also will not be easily met. But it must.¶ Virtually all the research conducted by industrial research laboratories in the 1960s now takes¶ place at major universities. As John Wiley, chancellor emeritus at the University of Wisconsin, has¶ observed: “The future technologies our economy will depend on are being born in our university¶ research labs.”¶ In a draft paper entitled “Expanding Undergraduate Education to Meet National Goals: The Role¶ of Research Universities,” the APLU echoes Wiley’s assessment and asserts that public research¶ universities in particular must lead the charge to expand capacity for learning: “The areas of¶ study they offer correspond with national needs… including over half of all U.S. bachelor’s degrees¶ in natural resources, conservation and engineering.”¶ The APLU paper notes that public research universities also are a main pathway of opportunity¶ for low-income and minority students. In 2006, the last year measured in its study, more than¶ 26 percent of students enrolled at public research institutions received Pell grants, compared to¶ 15 percent at private research universities.¶ This leads to a larger point. The nation’s interest in quality higher education is not limited to¶ defense, economics and technology. It resides as well in the softer qualities that are engrained and¶ absorbed on a campus, traits necessary to preserve and nourish a great society — opportunity,¶ diversity, citizenship, a cultivated fascination with the march of ideas, an appreciation for the grace¶ notes of life, like a fine painting or a subtle poem. 13 + 14 +Insert turns the case arg 15 + 16 +Education is key to US Soft power. Nye 05 17 +Joseph Nye, Joseph Nye is University Distinguished Service Professor at Harvard University and served as dean of the John F. Kennedy School of Government there from 1995 to 2004. Nye also has served as Assistant Secretary of Defense for International Security Affairs and chair of the National Intel- ligence Council. His most recent books include Soft Power: The Means to Success in World Politics (2004), an antholo- gy, Power in the Global Information Age (2004), and a novel, The Power Game: A Washington Novel (2004). 2005, "Soft Power and Higher Education" https://net.educause.edu/ir/library/pdf/ffp0502s.pdf MG 18 +Colleges and universities can help raise the level of discussion and advance American foreign policy by cultivating a better understanding of power and how the world has changed in important ways over the last 20 to 30 years. We can work to instill in our students and in the broader pub- lic a better appreciation of both the realities of our inter- connected global society and the conceptual framework that must be understood to successfully navigate the new landscape we face. Many observers agree that American higher education produces significant soft power for the United States. Sec- retary of State Colin Powell, for example, said in 2001: “I can think of no more valuable asset to our country than the friendship of future world leaders who have been educated here.” The Cold War was fought with a combination of hard and soft power. Academic and cultural exchanges between the United States and the Soviet Union, starting in the 1950s, played a significant role in enhancing American soft power. American skep- tics at the time feared that visiting Sovi- et scientists and KGB agents would “steal us blind”; they failed to notice, however, that the visitors vacuumed along with the scientific secrets. Because exchanges affect elites, one or two key contacts may have a major political effect. For example, Aleksandr Yakovlev was strongly influ- enced by his studies with the political scientist David Tru- man at Columbia University in 1958. Yakovlev eventually went on to become the head of an important institute, a Politburo member, and a key liberalizing influence on the Soviet leader Mikhail Gorbachev. From 1958 to 1988, 50,000 Russians visited the Unit-ed States as part of formal exchange programs. Contrast that to today, when restrictive visa policies have caused a precipitous drop in applications from foreign students to study in the United States. The long-term implications are that talented foreign students seeking a quality higher education will go elsewhere, and thus America will lose the opportunity to both influence and learn from foreign students. This will diminish American’s awareness of cultural differences precisely when we must become less parochial and more sensitive to foreign perceptions. Higher education leaders need to continue to press for less restrictive student visa policies and for more expeditious handling of visa requests. Further, colleges and universities can assess their internal policies concerning foreign enrollment and evaluate whether that enrollment is high enough to meet the needs of our glob- al society. Conclusion The U.S. government invests a little over a billion dollars a year on soft power, including the State Depart- ment’s public diplomacy programs and U.S. international broadcasting. The nation’s defense budget is over $400 billion a year and rising. Thus, we are spending approxi- mately .25 percent of the military budget on soft power, or, put another way, 400 to 450 times more on hard power than on soft power. Americans—and others—face an unprecedented challenge from the dark side of globalization and the priva- tization of war that have accompanied new technologies. Our success in this changed world will depend upon developing a deeper understanding of the nature of power and the role of soft power, and achieving a better balance of hard and soft power in our foreign policy. Smart power is neither hard nor soft. It is both. 19 + 20 +Soft Power solves multiple extinction scenarios. Nye 07 21 +Nye and Armitage, 2007 − Distinguished Service Professor at Harvard University and President of Armitage International 22 +(Joseph and Richard, *Note: Report was in collaboration with about 50 other congressmen, “CCIS Commission of Smart Power – A Smarter, more Secure America”, http://www.csis.org/media/csis/pubs/071106_csissmartpowerreport.pdf) 23 +Today’s Challenges The twenty-first century presents a number of unique foreign policy challenges for today’s decisionmakers. These challenges exist at an international, transnational, and global level. Despite America’s status as the lone global power, the durability of the current international order is uncertain. America must help find a way for today’s norms and institutions to accommodate rising powers that may hold a different set of principles and values. Furthermore, countries invested in the current order may waiver in their commitment to take action to minimize the threats posed by violent non-state actors and regional powers who challenge this order. The information age has heightened political consciousness, but also made political groupings less cohesive. Small, adaptable, transnational networks have access to tools of destruction that are increasingly cheap, easy to conceal, and more readily available. Although the integration of the global economy has brought tremendous benefits, vectors of prosperity have also become vectors of instability. Threats such as pandemic disease and the collapse of financial markets are more distributed and more likely to arise without warning. The threat of widespread physical harm to the planet posed by nuclear catastrophe has existed for half a century, though the realization of the threat will become more likely as the number of nuclear weapons states increases. The potential security challenges posed by climate change raise the possibility of an entirely new set of threats for the United States to consider. The next administration will need a strategy that speaks to each of these challenges. Whatever specific approach it decides to take, two principles will be certain: First, an extra dollar spent on hard power will not necessarily bring an extra dollar’s worth of security. It is difficult to know how to invest wisely when there is not a budget based on a strategy that specifies trade-offs among instruments. Moreover, hard power capabilities are a necessary but insufficient guarantee of security in today’s context. Second, success and failure will turn on the ability to win new allies and strengthen old ones both in government and civil society. The key is not how many enemies the United States kills, but how many allies it grows. States and non-state actors who improve their ability to draw in allies will gain competitive advantages in today’s environment. Those who alienate potential friends will stand at greater risk. Terrorists, for instance, depend on their ability to attract support from the crowd at least as much as their ability to destroy the enemy’s will to fight. Exporting Optimism, Not Fear Since its founding, the United States has been willing to fight for universal ideals of liberty, equality, and justice. This higher purpose, sustained by military and economic might, attracted people and governments to our side through two world wars and five decades of the Cold War. Allies accepted that American interests may not always align entirely with their own, but U.S. leadership was still critical to realizing a more peaceful and prosperous world. There have been times, however, when America’s sense of purpose has fallen out of step with the world. Since 9/11, the United States has been exporting fear and anger rather than more traditional values of hope and optimism. Suspicions of American power have run deep. Even traditional allies have questioned whether America is hiding behind the righteousness of its ideals to pursue some other motive. At the core of the problem is that America has made the war on terror the central component of its global engagement. This is not a partisan critique, nor a Pollyannaish appraisal of the threats facing America today. The threat from terrorists with global reach and ambition is real. It is likely to be with us for decades. Thwarting their hateful intentions is of fundamental importance and must be met with the sharp tip of America’s sword. On this there can be no serious debate. But excessive use of force can actually abet terrorist recruitment among local populations. We must strike a balance between - EntryDate
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... ... @@ -1,0 +1,1 @@ 1 +Preston Stolte - OpenSource
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... ... @@ -1,0 +1,1 @@ 1 +https://hsld.debatecoaches.org/download/Harvard+Westlake/Berliin+Neg/Harvard%20Westlake-Berliin-Neg-Berkely-Round1.docx - Opponent
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... ... @@ -1,0 +1,1 @@ 1 +St Francis DJ - Round
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... ... @@ -1,0 +1,1 @@ 1 +1 - RoundReport
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... ... @@ -1,0 +1,2 @@ 1 +Aff was cap 2 +NC Turns Trutil Tittle 9 - Tournament
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... ... @@ -1,0 +1,1 @@ 1 +Berkely