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  • Caselist.RoundClass[81]
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Caselist.RoundClass[81]

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Caselist.CitesClass[76]

Cites

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	1	+Neoliberalism is a mafia protection racket – it defunds schools of private funding and makes them come to corporations for funding. This logic structures what speech and knowledge are free in the first place. The aff misdiagnoses the problem and lets neoliberalism slip through the cracks. Bagakis 11/15/16
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	3	+Gus Bagakis retired philosophy instructor at San Francisco State University and author of "Seeing Through The System: The Invisible Class Struggle in America," October 15, 2016 “Neoliberalism's Decades-Long Attack on Public Universities”
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	5	+One aspect of the project of neoliberalism was to reshape the population's understanding of the purpose of public institutions, such as schools and universities, to fit the corporate model. This transformation was part of a larger cultural shift that began in the '70s and '80s, when policy-makers started to see higher education more as a private (rather than public) good.¶ The plan to transform the higher education system to meet the needs of neoliberalism can be most clearly seen in a memo sent by Lewis Powell, a future member of the Supreme Court, to the US Chamber of Commerce in 1971. The memo was a response to some setbacks that befell the business community, ranging from government regulations on the environment to occupational safety and consumer protection laws. The memo presented a framework for the conservative reaction.¶ Powell stated:¶ One of the bewildering paradoxes of our time is the extent to which the enterprise system tolerates, if not participates in, its own destruction.¶ The campuses from which much of the criticism emanates are supported by (i) tax funds generated largely from American business, and (ii) contributions from capital funds controlled or generated by American business. The boards of trustees of our universities overwhelmingly are composed of men and women who are leaders in the system.¶ Further, he argued that¶ ... it is essential that spokesmen for the enterprise system ~-~- at all levels and at every opportunity ~-~- be far more aggressive than in the past ... There should be no hesitation to attack the Naders, the Marcuses and others who openly seek destruction of the system. There should not be the slightest hesitation to press vigorously in all political arenas for support of the enterprise system. Nor should there be reluctance to penalize politically those who oppose it.¶ The Powell memo's plan was to: a) defund public higher education; b) then "save" the universities with ideologically focused corporate funding friendly to "free enterprise;" c) turn universities into corporations; and d) turn the students into consumers who became educated labor products.¶ Neoliberal Plan for Defunding Universities ¶ States provide much of the funds for higher education but need to balance their budgets. So when tax revenues fall, higher education suffers, since it is a lower priority than Medicare, prisons and K-12 education. In addition, large corporations often pay little or no state income tax in states where they have large operations. In a 2011 report, the Center on Budget and Policy Priorities concluded that at least 46 states have imposed cuts in the funding of higher education.¶ The American Legislative Exchange Council (ALEC) ~-~- a nationwide association of state legislators and corporations ~-~- best expressed the neoliberal perspective. It successfully lobbied both the states and the federal government to reduce corporate taxes and, in effect, deprive public universities of the state and federal funds they needed.¶ In an Americans for Tax Fairness fact sheet on corporate tax rates, we can see that:¶ The corporate share of federal tax revenue has dropped by two-thirds in 60 years.¶ General Electric, Boeing, Verizon and 23 other profitable Fortune 500 firms paid no federal income taxes.¶ US corporations dodge $90 billion a year in income taxes.¶ US corporations officially hold $2.1 trillion in profits offshore.¶ Tax avoidance, plus lobbying that reduced corporate taxes, diminished the revenue for social programs, especially education. This reduced funding was coordinated with a public relations campaign claiming that public schools were failing, and that they should be privatized and would be improved if they were turned into profit-making ventures. The project is already running for K-12 education with the charter school movement, and now it's being used in higher education, as federal and state governments have gradually reduced funding.¶ The least discussed reason for reduced state revenue for social programs is our ever-growing defense budget. The Pentagon spends more on war than all 50 states combined spend on health, education, welfare and safety. Even prior to the arrival of neoliberalism, military adventures drained money from the social budget. In 1935, Gen. Smedley Butler wrote a book titled, War Is a Racket, in which he exposed greedy profit-making corporations as instigators of imperialism and war. In 1961, President Eisenhower warned of the military industrial complex as a hidden force in US politics. But the military budget is higher today than at any point since the Eisenhower administration.¶ We now have a new neoliberal-inspired military industrial complex consisting of companies, agencies, militarized policing, hidden budgets, a "deep state," private mercenaries and lobbyists that make Eisenhower's warning mild by comparison. Our budget priorities keep the country on a war footing, and our economy allows for military and homeland departments to be virtually untouchable. The current excuse for funds is "terrorism," but under neoliberalism, the actual purpose is to control the world's resources for American capitalism and to stop other countries from competing with us. As Colonel Wilkerson, echoing general Butler, stated recently: "We've privatized the ultimate public function: war ... In many respects it is now private interests that benefit most from our use of military force." A few universities are beneficiaries of war spending through their research for the war machine, but most are losers due to the financial and educational effects of the loss of funding, while the war machine grows.¶ "Saving" Defunded Universities With Corporate Funding¶ A partial replacement for the loss of public funds comes from corporate and philanthropic "gifts" and industry contracts for universities. Groups of conservative millionaires like the Koch brothers have created institutions to push the corporate agenda. They have infiltrated universities and introduced the neoliberal worldview through think tanks and programs designed to give "assistance" to those institutions that would accept their money and programs. These groups, with the combined help of the corporate controlled press and a sophisticated public relations campaign, eased the transition to the corporatization of universities.¶ Turning Universities Into Corporations¶ A 2014 Institute for Policy Studies report finds that the outcome of treating education as a commodity has led to universities mimicking business models. Presidents, chief executives and a layer of bureaucrats earning excessive salaries were established, while the earnings of the faculty declined, largely because tenured and tenure-track faculty were replaced by adjuncts (part-time faculty) and temporary faculty. Instead of giving primary focus to education, scholarship and research, colleges and universities began marketing themselves as products worth purchasing by the consumer. Science and humanities faculty were encouraged to become entrepreneurs and seek ways to profit directly from their intellectual and technical pursuits.¶ Mark Yudof, former president of the University of California, conceded that the university needed to stop viewing itself as a public institution and consider itself a "hybrid" university, bridging the divide between private and public institutions. In a time of scarce resources, privatization has emerged as a potential replacement for the historic model of community support of public universities. The danger is that when corporations fund universities, they get influence over studies and analysis produced by universities, as well as influence over the perspectives and career paths of large numbers of students. They also get use of vast resources for private gain and tax breaks associated with making donations.¶ Students as Consumers and Educated Labor Products¶ Fifty years ago, students often pursued their favorite high school subjects in college, assuming that the degree itself would guarantee a job. Not so today, as living expenses and tuition have risen. Students and their families paying the bill see themselves more as consumers of a commodity rather than engaging in a learning process. Because there is no guarantee of a good job after graduation, universities increasingly connect learning with the skills needed for the hard-to-enter job force. Education more and more becomes job training, and students become educated labor products.¶ By ensuring the need for outside sources of funding, neoliberalism set the context that led to the growth of tuition. When the federal government opened its student loan service to profit-making corporations, profit dominated. The privatized loan industry, through predatory lending schemes, offered loans to all students ~-~- even to those who sometimes could not afford them. Their profit motive, combined with the laws passed by a highly lobbied Congress, eventually made the $1.3 trillion student debt the worst kind of debt for students, but the best for banks and debt collectors. Currently, all involved in the student loan industry make money from student debt: banks, private investors and even the federal government. This action has led to the rise of for-profit colleges whose goal was often to exploit the poor who couldn't afford to enter higher education in the first place. And finally, as Kenneth Saltman pointed out, "Shifting the costs of higher education onto students represents a kind of debt spending by youth to fund the military and corporations."¶ Resisting Neoliberalism¶ Even though neoliberalism is in decline due to the 2008 depression and weak recovery, its values and accomplishments have staying power. By using rhetoric like "individual freedom," "liberty," "personal responsibility," "privatization" and the "free market," it was able to undo much of the New Deal and restore corporate power, and in the case of higher education, be responsible for the rise in tuitions and decline in educational quality.¶ The neoliberal plan for public universities is to defund, then refund with strings attached, corporatize them into profit-makers, and turn the students into educated labor products that would fit into the economy. Its effects are most clearly expressed by Grover Norquist's quote about government: "I don't want to abolish government. I simply want to reduce it to the size where I can drag it into the bathroom and drown it in the bathtub." Neoliberalism doesn't want to abolish universities; it simply wants to turn them into profitable corporations that will maintain and promote the neoliberal version of capitalism.
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	7	+Painting the problem of speech as a problem of race essentializes blackness is a way that is politically useless and prevents a critique of class. Reed 16
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	9	+Reed, Adolph Splendors and Miseries of the Antiracist “Left” Nonsite.org November 6, 2016
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	11	+The black political regime that emerged out of contestation and negotiation over the terms on which the victories of the 1960s would be consolidated institutionally was rooted from its inception in the dynamics simultaneously articulating market-driven pro-growth politics from the municipal level through national Democratic politics.25 It is not simply that the center of gravity of black politics accommodated to the regime of regressive redistribution and punitive social policy as it took shape and became hegemonic. Race-conscious black political discourse and practice, grounded on underclass ideology and a sharply class-skewed communitarian rhetoric of uplift and self-help26 and racial redistribution – anti-disparitarianism — as the crucial metric of social justice helped to define the left wing of Democratic neoliberalism over the 1980s and 1990s. Moreover, black people participate as active and committed agents in the processes of neoliberalization, public and private – charterization of public education, devolution and outsourcing of the social service sector, direct and indirect attacks on public goods and labor standards in the name of individual enterprise (e.g., Uber, which openly promotes itself as providing opportunities for black Americans) or “community development,” private contracting at all levels, including the rent-intensifying real estate development that is unhelpfully called gentrification. Any serious left critique of black politics has to take those dynamics into account and must proceed from examining the actual complexities and contradictions, including class contradictions, in contemporary black political life.¶ That is why my colleagues and I who authored “On the End(s) of Black Politics” singled out as problematic “the conceptual and political confusion that underwrites the very idea of a Black Freedom Movement.”27 Formulations like Black Freedom Movement and Black Liberation Struggle suffer from the circularity problem: they posit what needs to be demonstrated through historical and political analysis. This is not simply a formal flaw. Those formulations impose an idealist coherence, what is in effect a racial supra-consciousness or the teleological equivalent of a vanguard party, that obscures the history of political differentiation among black Americans and its significance for understanding both past and present. They posit a transcendent goal – empty signifiers like “freedom,” “liberation,” or “self-determination” — that most crucially unites and defines black Americans’ political aspirations. This presumption that a deeper racial truth, constant across historical and social contexts, guides black politics requires diminishing the significance, and often enough necessitates the procrustean erasure, of the historical specificity of political dynamics involving black Americans at any moment in order to sustain the teleological narrative of fundamental continuity.¶ This problem and its counterproductive implications are apparent in the many versions of tortured analogy – e.g., “new Jim Crow” – purported, ever more convolutedly, to fit contemporary racial disparities into reductionist narratives that reify the white supremacist ideology and practice hegemonic at the end of the nineteenth century and beginning of the twentieth as the essential normative center of gravity of American politics and thus the source of racial disparities in the present. This interpretive commitment hinges on a fundamentally static view of race/racism and the primacy of its social power. Which is to say, this view of race’s primordial force – uniting top-shelf racists like Madison Grant and Charles Murray with earnest anti-racists like Birch and Heideman – may be the one thing in the last century that really hasn’t changed. In response to these increasingly tortured attempts to preserve monocausal narratives stressing the centrality of racism in explaining apparent inequalities, Chowkwanyun and I observe that “they bring to mind Kuhn’s account of attempts to accommodate mounting anomalies to salvage an interpretive paradigm in danger of crumbling under a crisis of authority.”28 The further away we move from conditions under which black Americans confronted officially enforced and tolerated subordination and discrimination on openly and directly racial grounds, the more Rube Goldberg-ish arguments that “racism” nonetheless remains the fundamentally causal force determining black Americans’ and other nonwhite groups’ life chances must become. As I have argued, a key effect of that commitment to race-first political interpretation is to shift the fulcrum of debate from examination of the discrete, contextually specific dynamics that reproduce inequalities to the label we must attach to them.¶ Reactions from antiracist/BLM activists to Bernie Sanders’s campaign for the Democratic presidential nomination, like those from entrenched black political elites, threw this tendency’s class character into bold relief. Entrenched elites were often explicit in casting their class commitments in racial terms. In the run-up to the South Carolina primary, former civil rights movement icon and fifteen-term U. S. Congressman John Lewis (D-GA) and fellow long-term black Congressman James Clyburn (D-SC) emphatically denounced Sanders’s proposal of free public higher education as irresponsible. Clyburn opposed it partly on the ground that, in expanding the options available to students, in this case black students, it would disrupt the captive market currently sustaining the tiny, fiscally precarious HBCU on whose board he sits. Lewis was more blunt and combative in expressing his commitment to neoliberal principles, attacking the very ideal of non-commodified public goods:¶ I think it’s the wrong message to send to any group. There’s not anything free in America. We all have to pay for something. Education is not free. Health care is not free. Food is not free. Water is not free. I think it’s very misleading to say to the American people, we’re going to give you something free.29¶ Antiracist activists took another tack. In part, the practice that emerged of disrupting Sanders events to demand his ritual acknowledgement that “black lives matter” or to say the names of designated victims of police violence was only another iteration of a hoary stratagem, attacking targets most likely to be sympathetic and kicking in open doors to demand voice or standing not justified by links to actual constituencies or demonstrated political capacity. This is a lineal descendant of the “mau-mau” style pioneered by Black Power radicals. In some instances, e.g., former Palin supporter Marissa Johnson’s disruption of a Sanders talk at a Social Security rally, the stratagem seemed to express confusion and catharsis along with self-promoting hustle; in others, e.g., former embezzler “Tia” Oso’s Netroots disruption, it seemed more like straight hustle. Some interventions reasonably raised suspicions of Clinton campaign sabotage activity. No matter what the motivations, those dramatic actions, as well as other race-first reactions to Sanders’s campaign, including Ta-nehisi Coates’s criticism of Sanders’s refusal to endorse reparations,30 all dismissed the campaign’s platform as not sufficiently relevant to black Americans’ concerns.¶ As a campaign minion, I found myself often asking Sanders’s antiracist critics how any of the social-democratic items on his platform would not disproportionately benefit black people. None disagreed, but too many, especially those who considered themselves radicals, insisted at least in the logical thrust of their objections that black people’s status as union members, homeowners, low-wage and unemployed workers, public sector workers, retirees, current or potential college students, veterans, people concerned with immigration policy and likely to be adversely affected by neoliberal trade policy, people likely to benefit from universal health care, and people who live within a changing climate all must be subordinate to their generic racial classification. That mindset and its inadequacy for crafting strategies to counter neoliberal capitalism is an important illustration of the problem addressed in Willie Legette’s epigraph to nonsite.org’s new black politics section: “The only thing that hasn’t changed about black politics since 1965 is how we think about it.” Moreover, no matter what bizarre sophistries the likes of Birch and Heideman put forward to counter this contention, a politics of racial redistribution is fundamentally a class politics because its focal point is, as the characteristics of actual black politics I have discussed here indicate, pursuit of racial parity in distribution of goods and bads within the framework of hegemonic neoliberalism.
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	13	+Turns the case – capitalism secures and reproduces racial inequality. Even if there are other origins of racism, only capitalism can explain material inequality. McLaren et al., 4 – Distinguished Professor, Critical Studies, Chapman University (Peter and Valerie Scatamburlo-D’Annibale, “Class Dismissed? Historical materialism and the politics of ‘difference’,” Educational Philosophy and Theory, Vol. 36, No. 2, April, http://onlinelibrary.wiley.com.proxy.lib.umich.edu/doi/10.1111/j.1469-5812.2004.00060.x/full)// JJN from file
	14	+For example, E. San Juan (2003) argues that race relations and race conflict are necessarily structured by the larger totality of the political economy of a given society, as well as by modifications in the structure of the world economy. He further notes that the capitalist mode of production has articulated ‘race’ with class in a peculiar way. He too is worth a substantial quotation: While the stagnation of rural life imposed a racial or castelike rigidity to the peasantry, the rapid accumulation of wealth through the ever more intensifying exploitation of labor by capital could not so easily ‘racialize’ the wage-workers of a particular nation, given the alienability of labor-power—unless certain physical or cultural characteristics can be utilized to divide the workers or render one group an outcast or pariah removed from the domain of ‘free labor.’ In the capitalist development of U.S. society, African, Mexican, and Asian bodies—more precisely, their labor power and its reproductive efficacy—were colonized and racialized; hence the idea of ‘internal colonialism’ retains explanatory validity. ‘Race’ is thus constructed out of raw materials furnished by class relations, the history of class conflicts, and the vicissitudes of colonial/capitalist expansion and the building of imperial hegemony. It is dialectically accented and operationalized not just to differentiate the price of wage labor within and outside the territory of the metropolitan power, but also to reproduce relations of domination–subordination invested with an aura of naturality and fatality. The refunctioning of physical or cultural traits as ideological and political signifiers of class identity reifies social relations. Such ‘racial’ markers enter the field of the alienated labor process, concealing the artificial nature of meanings and norms, and essentializing or naturalizing historical traditions and values which are contingent on mutable circumstances. For San Juan, racism and nationalism are modalities in which class struggles articulate themselves at strategic points in history. He argues that racism arose with the creation and expansion of the capitalist world economy. He maintains, rightly in our view, that racial or ethnic group solidarity is given ‘meaning and value in terms of their place within the social organization of production and reproduction of the ideological-political order; ideologies of racism as collective social evaluation of solidarities arise to reinforce structural constraints which preserve the exploited and oppressed position of these “racial” solidarities’. It is remarkable, in our opinion, that so much of contemporary social theory has largely abandoned the problems of labor, capitalist exploitation, and class analysis at a time when capitalism is becoming more universal, more ruthless and more deadly. The metaphor of a contemporary ‘tower of Babel’ seems appropriate here—academics striking radical poses in the seminar rooms while remaining oblivious to the possibility that their seemingly radical discursive maneuvers do nothing to further the struggles ‘against oppression and exploitation which continue to be real, material, and not merely “discursive” problems of the contemporary world’ (Dirlik, 1997, p. 176). Harvey (1998, pp. 29–31) indicts the new academic entrepreneurs, the ‘masters of theory-in-and-for-itself’ whose ‘discourse radicalism’ has deftly side-stepped ‘the enduring conundrums of class struggle’ and who have, against a ‘sobering background of cheapened discourse and opportunistic politics,’ been ‘stripped of their self-advertised radicalism.’ For years, they ‘contested socialism,’ ridiculed Marxists, and promoted ‘their own alternative theories of liberatory politics’ but now they have largely been ‘reduced to the role of supplicants in the most degraded form of pluralist politics imaginable.’ As they pursue the politics of difference, the ‘class war rages unabated’ and they seem ‘either unwilling or unable to focus on the unprecedented economic carnage occurring around the globe.’ Harvey's searing criticism suggests that post-Marxists have been busy fiddling while Rome burns and his comments echo those made by Marx (1978, p. 149) in his critique of the Young Hegelians who were, ‘in spite of their allegedly “world-shattering” statements, the staunchest conservatives.’ Marx lamented that the Young Hegelians were simply fighting ‘phrases’ and that they failed to acknowledge that in offering only counter-phrases, they were in no way ‘combating the real existing world’ but merely combating the phrases of the world. Taking a cue from Marx and substituting ‘phrases’ with ‘discourses’ or ‘resignifications’ we would contend that the practitioners of difference politics who operate within exaggerated culturalist frameworks that privilege the realm of representation as the primary arena of political struggle question some discourses of power while legitimating others. Moreover, because they lack a class perspective, their gestures of radicalism are belied by their own class positions.10 As Ahmad (1997a, p. 104) notes: One may speak of any number of disorientations and even oppressions, but one cultivates all kinds of politeness and indirection about the structure of capitalist class relations in which those oppressions are embedded. To speak of any of that directly and simply is to be ‘vulgar.’ In this climate of Aesopian languages it is absolutely essential to reiterate that most things are a matter of class. That kind of statement is … surprising only in a culture like that of the North American university … But it is precisely in that kind of culture that people need to hear such obvious truths. Ahmad's provocative observations imply that substantive analyses of the carnage wrought by ‘globalized’ class exploitation have, for the most part, been marginalized by the kind of radicalism that has been instituted among the academic Left in North America. He further suggests that while various post-Marxists have invited us to join their euphoric celebrations honoring the decentering of capitalism, the abandonment of class politics, and the decline of metanarratives (particularly those of Marxism and socialism), they have failed to see that the most ‘meta of all metanarratives of the past three centuries, the creeping annexation of the globe for the dominance of capital over laboring humanity has met, during those same decades, with stunning success’ (Ahmad, 1997b, p. 364). As such, Ahmad invites us to ask anew, the proverbial question: What, then, must be done? To this question we offer no simple theoretical, pedagogical or political prescriptions. Yet we would argue that if social change is the aim, progressive educators and theorists must cease displacing class analysis with the politics of difference. Conclusion … we will take our stand against the evils of capitalism, imperialism, and racism with a solidarity derived from a proletarian internationalism born of socialist idealism. —National Office of the Black Panther Party, February 1970 For well over two decades we have witnessed the jubilant liberal and conservative pronouncements of the demise of socialism. Concomitantly, history's presumed failure to defang existing capitalist relations has been read by many self-identified ‘radicals’ as an advertisement for capitalism's inevitability. As a result, the chorus refrain ‘There Is No Alternative’, sung by liberals and conservatives, has been buttressed by the symphony of post-Marxist voices recommending that we give socialism a decent burial and move on. Within this context, to speak of the promise of Marx and socialism may appear anachronistic, even naïve, especially since the post-al intellectual vanguard has presumably demonstrated the folly of doing so. Yet we stubbornly believe that the chants of T.I.N.A. must be combated for they offer as a fait accompli, something which progressive Leftists should refuse to accept—namely the triumph of capitalism and its political bedfellow neo-liberalism, which have worked together to naturalize suffering, undermine collective struggle, and obliterate hope. We concur with Amin (1998), who claims that such chants must be defied and revealed as absurd and criminal, and who puts the challenge we face in no uncertain terms: humanity may let itself be led by capitalism's logic to a fate of collective suicide or it may pave the way for an alternative humanist project of global socialism. The grosteque conditions that inspired Marx to pen his original critique of capitalism are present and flourishing. The inequalities of wealth and the gross imbalances of power that exist today are leading to abuses that exceed those encountered in Marx's day (Greider, 1998, p. 39). Global capitalism has paved the way for the obscene concentration of wealth in fewer and fewer hands and created a world increasingly divided between those who enjoy opulent affluence and those who languish in dehumanizing conditions and economic misery. In every corner of the globe, we are witnessing social disintegration as revealed by a rise in abject poverty and inequality. At the current historical juncture, the combined assets of the 225 richest people is roughly equal to the annual income of the poorest 47 percent of the world's population, while the combined assets of the three richest people exceed the combined GDP of the 48 poorest nations (CCPA, 2002, p. 3). Approximately 2.8 billion people—almost half of the world's population—struggle in desperation to live on less than two dollars a day (McQuaig, 2001, p. 27). As many as 250 million children are wage slaves and there are over a billion workers who are either un- or under-employed. These are the concrete realities of our time—realities that require a vigorous class analysis, an unrelenting critique of capitalism and an oppositional politics capable of confronting what Ahmad (1998, p. 2) refers to as ‘capitalist universality.’ They are realities that require something more than that which is offered by the prophets of ‘difference’ and post-Marxists who would have us relegate socialism to the scrapheap of history and mummify Marxism along with Lenin's corpse. Never before has a Marxian analysis of capitalism and class rule been so desperately needed. That is not to say that everything Marx said or anticipated has come true, for that is clearly not the case. Many critiques of Marx focus on his strategy for moving toward socialism, and with ample justification; nonetheless Marx did provide us with fundamental insights into class society that have held true to this day. Marx's enduring relevance lies in his indictment of capitalism which continues to wreak havoc in the lives of most. While capitalism's cheerleaders have attempted to hide its sordid underbelly, Marx's description of capitalism as the sorcerer's dark power is even more apt in light of contemporary historical and economic conditions. Rather than jettisoning Marx, decentering the role of capitalism, and discrediting class analysis, radical educators must continue to engage Marx's oeuvre and extrapolate from it that which is useful pedagogically, theoretically, and, most importantly, politically in light of the challenges that confront us.
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	16	+ Our critique independently outweighs the case - neoliberalism causes extinction and massive social inequalities – the affs single issue legalistic solution is the exact kind of politics neolib wants us to engage in so the root cause to go unquestioned. Farbod 15
	17	+ ( Faramarz Farbod , PhD Candidate @ Rutgers, Prof @ Moravian College, Monthly Review, http://mrzine.monthlyreview.org/2015/farbod020615.html, 6-2)
	18	+Global capitalism is the 800-pound gorilla. The twin ecological and economic crises, militarism, the rise of the surveillance state, and a dysfunctional political system can all be traced to its normal operations. We need a transformative politics from below that can challenge the fundamentals of capitalism instead of today's politics that is content to treat its symptoms. The problems we face are linked to each other and to the way a capitalist society operates. We must make an effort to understand its real character. The fundamental question of our time is whether we can go beyond a system that is ravaging the Earth and secure a future with dignity for life and respect for the planet. What has capitalism done to us lately? The best science tells us that this is a do-or-die moment. We are now in the midst of the 6th mass extinction in the planetary history with 150 to 200 species going extinct every day, a pace 1,000 times greater than the 'natural' extinction rate.1 The Earth has been warming rapidly since the 1970s with the 10 warmest years on record all occurring since 1998.2 The planet has already warmed by 0.85 degree Celsius since the industrial revolution 150 years ago. An increase of 2° Celsius is the limit of what the planet can take before major catastrophic consequences. Limiting global warming to 2°C requires reducing global emissions by 6 per year. However, global carbon emissions from fossil fuels increased by about 1.5 times between 1990 and 2008.3 Capitalism has also led to explosive social inequalities. The global economic landscape is littered with rising concentration of wealth, debt, distress, and immiseration caused by the austerity-pushing elites. Take the US. The richest 20 persons have as much wealth as the bottom 150 million.4 Since 1973, the hourly wages of workers have lagged behind worker productivity rates by more than 800.5 It now takes the average family 47 years to make what a hedge fund manager makes in one hour.6 Just about a quarter of children under the age of 5 live in poverty.7 A majority of public school students are low-income.8 85 of workers feel stress on the job.9 Soon the only thing left of the American Dream will be a culture of hustling to survive. Take the global society. The world's billionaires control $7 trillion, a sum 77 times the debt owed by Greece to the European banks.10 The richest 80 possess more than the combined wealth of the bottom 50 of the global population (3.5 billion people).11 By 2016 the richest 1 will own a greater share of the global wealth than the rest of us combined.12 The top 200 global corporations wield twice the economic power of the bottom 80 of the global population.13 Instead of a global society capitalism is creating a global apartheid. What's the nature of the beast? Firstly, the "egotistical calculation" of commerce wins the day every time. Capital seeks maximum profitability as a matter of first priority. Evermore "accumulation of capital" is the system's bill of health; it is slowdowns or reversals that usher in crises and set off panic. Cancer-like hunger for endless growth is in the system's DNA and is what has set it on a tragic collision course with Nature, a finite category. Secondly, capitalism treats human labor as a cost. It therefore opposes labor capturing a fair share of the total economic value that it creates. Since labor stands for the majority and capital for a tiny minority, it follows that classism and class warfare are built into its DNA, which explains why the "middle class" is shrinking and its gains are never secure. Thirdly, private interests determine massive investments and make key decisions at the point of production guided by maximization of profits. That's why in the US the truck freight replaced the railroad freight, chemicals were used extensively in agriculture, public transport was gutted in favor of private cars, and big cars replaced small ones. What should political action aim for today? The political class has no good ideas about how to address the crises. One may even wonder whether it has a serious understanding of the system, or at least of ways to ameliorate its consequences. The range of solutions offered tends to be of a technical, legislative, or regulatory nature, promising at best temporary management of the deepening crises. The trajectory of the system, at any rate, precludes a return to its post-WWII regulatory phase. It's left to us as a society to think about what the real character of the system is, where we are going, and how we are going to deal with the trajectory of the system ~-~- and act accordingly. The critical task ahead is to build a transformative politics capable of steering the system away from its destructive path. Given the system's DNA, such a politics from below must include efforts to challenge the system's fundamentals, namely, its private mode of decision-making about investments and about what and how to produce. Furthermore, it behooves us to heed the late environmentalist Barry Commoner's insistence on the efficacy of a strategy of prevention over a failed one of control or capture of pollutants. At a lecture in 1991, Commoner remarked: "Environmental pollution is an incurable disease; it can only be prevented"; and he proceeded to refer to "a law," namely: "if you don't put a pollutant in the environment it won't be there." What is nearly certain now is that without democratic control of wealth and social governance of the means of production, we will all be condemned to the labor of Sisyphus. Only we won't have to suffer for all eternity, as the degradation of life-enhancing natural and social systems will soon reach a point of no return.
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	20	+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
	21	+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).
	22	+¶ 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.
	23	+
	24	+The role of the judge is to be a critical analyst testing whether the underlying assumptions of the AFF are valid. This is a question of the whether the AFF scholarship is good – not the passage of the plan.
	25	+
	26	+First, 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
	27	+(Corinne, “NEOLIBERALISM AND THE CRISIS OF LEGAL THEORY”, Duke University, LAW AND CONTEMPORARY PROBLEMS Vol. 77:71) MG from file
	28	+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	+2017-03-08 16:20:05.373

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	1	+Panel

Opponent

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	1	+Success Academy SC

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	1	+81

Round

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	1	+4

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	1	+Harvard Westlake Engel Neg

Title

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	1	+JAN-FEB- K - Cap v Identity

Tournament

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	1	+Cal RR