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  • Caselist.RoundClass[11]
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Caselist.RoundClass[11]

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1		-2016-11-06 19:09:50.201
	1	+2016-11-06 19:09:50.0

Caselist.CitesClass[11]

Cites

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	1	+1NC
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	3	+Governments responsible for police officers should implement the Coalition Against Police Abuse proposal for civilian review which includes-
	4	+-establish “Loyal Opposition Policy Review Boards” for civilian oversight of police conduct, policy, and hiring/firing decisions
	5	+-The boards should be: elected, paid, and independent of police agencies
	6	+-The boards should have special investigators with unrestricted access to crime scenes and the power to subpoena police department personnel and records
	7	+-The board should have authority over all claims of police misconduct including: assault, discrimination, infiltration of community groups, sexual harassment, false arrest, and misuse of force. The board should be able to mandate training or discipline for officers up to and including firing, protections for police whistleblowers, and mandate of municipal damages
	8	+-Special city prosecutors should be appointed independent of the city attorney’s office and the city council who handle all criminal cases against police officers and have full subpoena powers
	9	+-staff should be hired on the basis of affirmative action policies
	10	+
	11	+CRBs are a legitimate alternative to immunity reform- their decisions affect the ‘clearly established’ doctrine which solves the case without judicial change
	12	+Meltzer, JD, 14
	13	+(Ryan E., Texas LR 92: 1277 Qualified Immunity and Constitutional-Norm Generation in the Post-Saucier Era: “Clearly Establishing” the Law Through Civilian Oversight of Police)
	14	+In the course of investigating discrete incidents of alleged police misconduct, civilian external investigatory bodies engage in fact-finding and identification and application of governing legal standards in much the same way as a court assesses a motion to suppress evidence or a § 1983 claim alleging a deprivation of constitutional rights.31 More importantly, these bodies constantly encounter novel factual scenarios, particularly ones implicating the Fourth Amendment,32 such that their findings epitomize the sort of fact-specific guidance endorsed by the Court.33 Further, to the extent that they are empowered to make policy recommendations to the police departments they oversee, civilian external investigatory bodies also resemble compliance agencies like the U.S. Department of Justice (DOJ), whose advisory reports have helped to provide the sort of “notice” required to overcome an official’s qualified immunity.34 Consequently, the Court’s qualified immunity jurisprudence appears to permit the findings of such bodies to contribute to the clearly-established-law analysis. At present, however, the work of civilian external investigatory bodies—work that produces a wealth of valuable information and often confronts constitutional questions that might otherwise escape formal adjudication— is largely divorced from that of the courts.35 This state of affairs represents a costly missed opportunity, especially in the wake of Pearson. (1281-2)
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	17	+The CP Solves the Case
	18	+1. Only EXTERNAL, CIVILIAN oversight can alter police behavior- the aff’s internal legal reform drives police misconduct underground- it’s a trap
	19	+Akbar, 15 – Assistant Professor of Law at Michael E. Moritz College of Law, the Ohio State University (Amna, “National Security’s Broken Windows”, UCLA Law Review, Vol. 62, pg. 834, May 2015, Lexis)
	20	+This Article has attempted to identify the problems with community engagement and counterradicalization in the national security context, drawing from the critiques of community policing and broken windows in the ordinary criminal context. The canvas for this critical engagement was limited insofar as *906 Muslim communities' experiences in these programs have been largely sheltered from public view. Harvesting those experiences is no doubt essential to understanding the possibilities and limitations of these programs. This Article provided a sketch of the problems lurking near the surface - that is left to future work.
	21	+Is community engagement salvageable? Moving community engagement toward its most democratic aspirations - toward a more genuine exercise in community consultation, contestation, and collaboration - would involve ridding the program of its pernicious baggage. For example, law enforcement could end community engagement's integration with community-wide intelligence gathering, or could decouple community engagement from CVE and counterradicalization.
	22	+Certainly there are strong normative reasons, including those that motivate this Article, to expect and demand that law enforcement account for the realities of marginalized communities. But we cannot expect that dialogue will necessarily lead to accountability, meaningful contestation, or realignment of police approaches in marginalized communities. After all, law enforcement is itself a significant vehicle for marginalization and racialization in the United States. It is reasonable to question whether community policing - or policing at all - can be expected to be the vehicle for the change we are seeking. The problem and the solution may be entirely mismatched.
	23	+The allure of community policing rests in part on a broader construct of dialogue as inherently valuable. While dialogue can certainly be valuable, its value will depend on the context and the point of view from which it is being evaluated. Dialogue often serves a different function for the more powerful in the conversation than the less powerful. The idea that dialogue is the cure-all for poor relationships between police and marginalized communities emerges from a failure to recognize the structures and histories of police impunity in these communities, as well as the material realities that keep inequality in place. When the dialogue in question is with the police, initiated by the police, and on the police's own terms, not only is the function of the dialogue necessarily limited, the entire initiative should raise red flags. How will the dialogue change the material reality of policing in the community? Does the dialogue further exacerbate inequality or simply validate preexisting policing practices through the performance of democratic legitimacy? Or is it really allowing for messy democratic contestation, and the possibility for change in the material conditions of the relationship between the police and the marginalized?
	24	+For community policing to be an effective tool in changing the relationship between the marginalized and law enforcement, marginalized communities cannot simply be offered a seat at the table to participate in preconceived policing *907 programs. They must have the political power to hold police accountable. For community policing mechanisms to offer potential for real change to marginalized communities, communities must build capacity and political power to demand accountability. So while we might advocate for law enforcement to engage marginalized communities, we cannot rely on law enforcement initiatives to recalibrate relationships long rife with deep inequality. The pressure for meaningful change must come from outside, from the communities themselves organizing for change. n325
	25	+2. The aff attempts to improve regulation of INDIVIDUAL OFFICERS. The CP changes police culture as a whole. This reduces police opposition and rights violations
	26	+Seybold, 15 – JD Candidate (Steven D, “Somebody's Watching Me: Civilian Oversight of Data-Collection Technologies,” March 2015, Texas Law Review, Vol. 93, pg. 1029)
	27	+First, even a highly effective LOPRB providing quality policy recommendations to a police department would likely encounter some department resistance to the civilian oversight. This resistance may be created because of police department views of a civilian entity "meddling" or just the potential perception of an adversarial relationship between the *1058 LOPRB and police department. n207 However, the structure of LOPRBs help overcome most of this resistance traditionally leveled against civilian oversight from police departments. The emphasis on policy review, rather than complaint review, means that LOPRBs will not directly regulate individual police officers but rather the department as a whole. This change in focus will likely reduce the intensity of any police department resistance because the potential adversarial relationship will be between the LOPRB and the police department instead of individual officers. n208 Furthermore, any resistance can be ameliorated by public pressure on police departments to enact the LOPRB's policy recommendations. The LOPRB's outreach will inform the local community of the use of data-collection technologies, potentially generating popular support behind LOPRB recommendations. LOPRBs can thus indirectly enforce their recommendations through utilizing that popular support and pressure on police departments. That indirect pressure on police departments will help reduce potential police department resistance because policy changes brought about through public pressure will be a reaction by the police department to the public at large, rather than directly reacting to the adversarial LOPRB. Thus, while police department resistance likely cannot be completely overcome, LOPRBs can ameliorate this traditional civilian oversight problem.
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	30	+3. The CRB doesn’t have to work- it creates a deterrent effect
	31	+Seybold, 15 – JD Candidate (Steven D, “Somebody's Watching Me: Civilian Oversight of Data-Collection Technologies,” March 2015, Texas Law Review, Vol. 93, pg. 1029)
	32	+3. Individual Deterrence and Systemic Correction. - Finally, civilian oversight has some meaningful deterrence on individual actors while also providing a functioning mechanism to address local systemic issues. n163 Individual police officers are more likely to undertake regulation of their own behavior when the officer knows that they are being watched by an oversight body. n164 External civilian oversight can ensure greater accountability not only among rank-and-file officers, but also among command officers, and can also address systemic issues facing dys-functional departments. n165 Approximately two-thirds of civilian oversight entities undertake policy review in addition to complaint review, n166 allowing civilian oversight bodies to review general policies and advocate for systemic reform. n167 Samuel Walker, a scholar whose work focuses on police accountability, emphasized that successful civilian oversight bodies "take a proactive view of their role and actively seek out the underlying causes of police misconduct or problems in the complaint process." n168 If civilian oversight mechanisms continually provide policy recommendations to police departments, those recommendations as a whole can have a significant effect on police misconduct, while at the same time making the police department more "accustomed to input from outsiders." n169 Civilian oversight thus can have a transformative impact on entire police departments rather than only correcting the actions of a singular officer.
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	35	+4. Civilian review is mutually exclusive and more efficient than court action
	36	+Weinbeck, 11 – JD Candidate William Mitchell College of Law (Michael P, “Watching the Watchmen: Lessons for Federal Law Enforcement from America's Cities,” William Mitchell Law Review, Vol. 36, pg. 1306)
	37	+A police department's internal affairs unit, operating on its own, lacks the credibility to conduct an independent investigation that is satisfactory to the community. n50 Minneapolis city council members, in an attempt to assuage community members and preserve their own political futures, established the city's review authority. n51 In theory, at least, a system of civilian oversight inserts into the police investigation process a watchman without allegiance to the police who will ensure that the investigation is conducted without bias. n52 This, in turn, generally supports a perception by the community that its police department is operating with a proper respect for individual rights. n53 As a result, a greater level of trust develops between the police and the *1315 community that ultimately greases the cogs of crime detection and prevention. n54 There are other benefits that municipalities enjoy when establishing a system of citizen oversight. Chief among them is the political coverage that the city's elected officials receive when establishing the agency. n55 For example, the Minneapolis Civilian Police Review Authority came into being in 1990 after police officers identified the wrong house in a drug raid. n56 During the course of the botched raid, the police killed an elderly couple who lived in the house. n57 In another episode not long after, the Minneapolis Police Department broke up a peaceful party of college-aged African Americans at a Minneapolis hotel. n58 In response to both incidents, outraged community members engaged in vehement and highly publicized demonstrations. n59 Besides providing a measure of political coverage, citizen oversight may also operate as a mechanism for saving cities money. n60 Wronged citizens, instead of bringing their grievances to court, enter the civilian oversight system where they may achieve redress that ends up costing the city nothing more than the administrative costs of the investigation. n61
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	40	+The net benefit is Tech Shift
	41	+A. Absent established, oppositional civilian review police harassment will shift to technology based surveillance which avoids rights protections
	42	+Seybold, 15 – JD Candidate (Steven D, “Somebody's Watching Me: Civilian Oversight of Data-Collection Technologies,” March 2015, Texas Law Review, Vol. 93, pg. 1029)
	43	+Technology has provided police departments with powerful tools to collect extensive data on private citizens. Those tools have captured images of every license plate passing through an intersection; n1 used facial-recognition technology to determine whether Super Bowl attendees had criminal records; n2 and implemented multi-technology systems that "aggregate and analyze information from approximately 3,000 surveil-lance cameras around the city ... ." n3 New technologies allow police departments to collect a range of data on the public space, including private citizens not under investigation, raising concerns regarding how that data may be used in the future. n4 And as storage and database capabilities have become cheaper and more efficient, the potential for expansive databases has become not only a science-fiction trope n5 but a reality. n6 *1030 But despite potential, these new tools fit poorly within the current regulatory framework. Police departments have embraced the information age with little guidance or oversight, raising significant privacy concerns regarding the effect of mass-data collection on the privacy rights the general public has enjoyed for centuries. n7 At the same time, current regulatory mechanisms have not adequately addressed how police departments should use cutting-edge surveillance technologies. n8 Such regulatory mechanisms often are inhibited by conflicting motivations n9 or poorly adapted to technological change. n10 Scholars have proposed a variety of solutions to address the privacy and criminal law concerns raised by these "data-collection technologies," but these approaches often provide inadequate flexibility to local jurisdictions to address their unique problems n11 or focus too narrowly on correcting a particular, novel iteration of the problem. n12 *1031 To overcome this regulatory deficit, civilian oversight can provide effective regulatory oversight of police departments' use of new and emerging technologies. Specifically, I argue that a specialized form of civilian oversight, the "Loyal Opposition" Policy Review Board (LOPRB), would function as a regulatory mechanism that not only provides proactive regulatory guidance on technology usage by police departments but would also allow for that guidance to be specifically tailored to the local community. n13 LOPRBs, composed of members who are informed on and invested in technology and civil rights, would undertake policy review of police department procedures for the use of new technologies and recommend "best practices" approaches to ensuring that individual privacy rights and police department investigative needs are effectively balanced. n14 Such a civilian oversight mechanism would ensure that the privacy concerns of the average citizen remain protected as new technologies are incorporated into the daily operations of police departments.
	44	+B. Civil rights focus fails- it takes a black and white approach to police conduct that ensures resistance
	45	+Schlanger, 15 – Henry M. Butzel Professor of Law, University of Michigan (Margo, “Intelligence Legalism and the National Security Agency's Civil Liberties Gap”, Harvard National Security Journal, Vol. 6, pg. 112, 2015, Lexis)
	46	+I have suggested that rights discourse tends to sweep under the rug the messiness of civil liberties protections~-~-the policy issues that lie at the core of civil liberties interests. That messiness will be apparent in what follows; there are no magic bullets here. But a measure can be useful even if messy or compromised. It is possible that that none of the offices described below will accomplish very much. It seems to me, however, that soft administrative measures are useful tools in the civil liberties toolkit, well worth trying by a principal~-~-whether that principal is the President or the Congress~-~-who wants to give more priority to civil liberties but lacks the institutional capacity to do so directly and repeatedly over time. Each of these three offices might represent civil liberties interests more systematically than current arrangements, and might advocate for more liberty protective government protocols and programs. It is worth emphasizing, too, that measures such as these might have not just cumulative but also mutually reinforcing effects, creating a civil liberties cadre with security clearances, who might assist each other in a variety of ways. n360 In addition to promoting civil liberties/privacy interstitially, offices like these assist other more authoritative rulemakers to understand the civil liberties implications of their choices. For example, they can help Congress in its otherwise very difficult oversight task, flagging issues that need more congressional attention. n361 And in several different ways, they may increase public access to otherwise secret matters, which in turn increases pressure on those authoritative rulemakers: They generate reports~-~-both public and private~-~-which can be used by Congress and the public. n362 And they build relationships with non-governmental organizations that promote increased official disclosure. My argument is not that offices like these are a cure-all *193 for achieving optimal policy, but that they may be a useful part of a complicated ecology.
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	49	+TPP DA
	50	+TPP is predicted to pass, but there’s no time to waste. Mitchell ‘11/2
	51	+Peter Mitchell - AAP US Correspondent, Australian Associated Press. “US: White House bullish on TPP passing.” News.com.au. November 2, 2016. http://www.news.com.au/world/breaking-news/us-white-house-bullish-on-tpp-passing/news-story/66aaccb30c94f3301f95fa652040190f JJN
	52	+US President Barack Obama's top Trans-Pacific Partnership negotiator has bullishly predicted the trade deal will be approved by Congress after next week's presidential election if congressional leaders bring it up for a vote. Michael Froman also warned if Congress does not ratify the 12-nation free trade proposal Australia, China and other nations will swoop in and steal markets from the US in the Asia-Pacific. "It's up to the congressional leadership to decide to bring it forward," Mr Froman told CNBC on Tuesday. "If they bring it forward I think we can get the votes there." Presidential frontrunners Hillary Clinton and Donald Trump both oppose the TPP and members of Congress, many who are also up for re-election next Tuesday, have been reluctant to show public support for the contentious trade pact. Mr Obama and Mr Froman are hoping the the anti-trade sentiment will recede after the election and members of Congress will be willing to ratify it before Mr Obama moves out of the White House in January. "I think the key thing is the rest of the world isn't standing by whether it is China negotiating its own trade agreements or the EU, Canada or Australia or others, they are going to move ahead and get access to these markets at our expense," Mr Froman said. "Our market share is actually in decline in some of these important, fast growing and large markets so it is awfully important we show leadership." The TPP signatories are: Australia, the US, New Zealand, Japan, Malaysia, Vietnam, Singapore, Brunei, Canada, Mexico, Chile and Peru.
	53	+
	54	+TPP is top of Obama’s priorities, PC is key. Creighton ‘10/27
	55	+Adam Creighton – economics correspondent Washington. “Hope for TPP as Obama administration works the phones.” The Australian Business Review. October 27, 2016. http://www.theaustralian.com.au/business/economics/hope-for-tpp-as-obama-administration-works-the-phones/news-story/8ce5e112900eb06ca2bb0711d3aa16ce JJN
	56	+The world’s biggest free trade deal, the Trans-Pacific Partnership, which Australian officials have written off as a casualty of a fierce anti-trade backlash in the US, has an almost even chance of success in Congress, according to people familiar with the matter in Washington DC. The Obama administration has been hitting the phones and sending cabinet ministers to remote US towns in an unprecedented bid to persuade Congress to pass the controversial Asia-Pacific trade deal among 12 countries. Both Hillary Clinton and Donald Trump have repudiated the deal. The former top economics adviser to Vice-President Joe Biden, Jared Bernstein, said the chance the TPP would be passed after November 8 but before the new president took office was almost 50 per cent, offering hope for the deal signed by the Turnbull government and 11 other nations in February, which frees up trade and investment across 40 per cent of the world’s GDP. “I think the probability is a lot higher than conventional wisdom on the street; I’d give it a 45 per cent chance,” said Mr Bernstein. He said President Obama would certainly send the deal to Congress whoever won the election. “What’s interesting is just how (hard) the administration is working it … full-court press behind the scenes,” he said. “More than on healthcare, more than on stimulus, more than on financial reform: it’s remarkable,” added Lori Wallach, director of Public Citizens Global Trade Watch. She said cabinet ministers had been traipsing the country trying to convince wavering Congressmen. “They are working the phones to a degree that actually is really interesting; cabinet secretary folks are once or twice a week since April calling House members who they might have any kind of chance with,” she added. “The odds of stopping it are slightly better, but it’s close.” Ambassador Joe Hockey and visiting Turnbull government ministers have been strenuously promoting the TPP in Washington, but confidence that the deal — which is also being sold as a way to entrench US and Australian commercial norms in a region increasingly dominated by China — will pass has dwindled significantly. Consonant with the mix of confected and genuine dissatisfaction with the TPP that permeates Republican and Democrat ranks in Congress, Republican congressman Kevin Brady earlier told The Australian the deal wouldn’t pass without additional protections for intellectual property, which Australia has publicly ruled out. Ms Wallach and Mr Bernstein, now at the Centre for Budget Priorities, by contrast argued the TPP deal had been captured by US corporate interests, and should be renegotiated to pare back the extra patent and intellectual property protections demanded by the US on behalf of its pharmaceutical industry. They also want to see clauses outlawing currency manipulation and removing investor-state dispute clauses that potentially limit governments’ freedom to make policies that damage foreign commercial interests. The TPP would be the first trade agreement to be rejected by Congress. If it doesn’t pass in the “lame duck” session — before the new house, senate and president are in place — it will be very unlikely the US would begin new trade negotiations given the febrile environment. Republican presidential candidate Donald Trump has made rewriting or rescinding US trade agreements the centrepiece of his economic strategy. “One of the reasons it’s 45 per cent (chance of success) and not 25 per cent is because … the undecideds are getting much more pressure from the administration than from (labour groups),” said Mr Bernstein. “Democrat and Republican elites have literally for decades ignored the costs of trade.”
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	59	+The plan sparks congressional debate and kills Obama’s PC. Orenstein ‘16
	60	+WALKER ORENSTEIN. “Reform advocates upset over pushback over changing malice law.” The News Tribune. July 29, 2016. http://www.thenewstribune.com/news/politics-government/article92684372.html JJN
	61	+When an effort by state lawmakers to make prosecuting police for improper use of deadly force easier stalled last year, legislators compromised. They agreed to let a task force study the issue and recommend policy to next year’s Legislature on how to reduce violent interactions involving law enforcement. But some on the state-appointed committee, which had its second meeting Tuesday, say lawmakers overseeing the panel are filibustering even a dialogue about changing controversial state law regulating police use of deadly force. Amending state statute on the subject was a key component of reform-advocates’ demands that spurred the task force. It’s also the subject of a proposed initiative to the Legislature that would amend the law if enacted. Washington’s law is regarded as unique in the country. Convicting an officer for using deadly force requires proof the officer acted with “malice.” It’s a standard many, including the American Civil Liberties Union, have said is more or less impossible to meet, effectively giving police immunity when they use deadly force. Some committee members say changing the law would reduce police use of deadly force, a stated end-goal of the task force. Others on the panel have pushed back, saying changing the statute won’t help that cause. The split could derail what Karen Johnson, chairwoman of the Black Alliance of Thurston County, described as a “golden opportunity” to be a “national model” for discourse between law enforcement and police reform advocates. ‘SENSE OF RESPONSIBILITY’ De’Sean Quinn, a member of the state’s African American Commission on the task force, said he wants the group to be “action oriented.” Real action for him might include recommending the state collect data on police use of force to easier analyze how to reduce it, he said. But the key aim, he said, is to reach consensus on how to change Washington’s malice law, particularly in light of the recent police killings of Philando Castile in Minnesota and Alton Sterling in Louisiana. “I feel a sense of responsibility for my kids that we really try and address this issue,” Quinn, who has two sons, said in an interview. Gerald Hankerson, a member of the committee and president of the NAACP of Alaska, Oregon and Washington, said lawmakers and some law enforcement officials on the panel have been hesitant to broach the topic in seriousness. Others on the task force agree. Tuesday’s meeting centered mostly on law enforcement training. Toshiko Hasegawa, appointed to the task force as a member of the state’s Asian American Commission, called out lawmakers during committee session, saying they were avoiding a deeper discussion on changing the law by “hiding behind procedure.” She added in a later phone interview that committee co-chairman Sen. Kirk Pearson, R-Monroe, was deliberately avoiding the topic. “Why is the police task force on deadly force not discussing deadly force?” Hasegawa asked. The task force is required to meet only four times. Johnson, Quinn, Hasegawa and others signed a letter sent to Pearson and co-chairman Rep. Roger Goodman, D-Kirkland, before Tuesday’s meeting, asking for clearer guidelines on discussing the malice statute and more input on meeting agendas. Quinn said he felt work on the statute was being ducked, and said the Legislature is not responding fast enough to outcries for police reform in the country. “It’s not OK to not deal with the difficult issues,” he said. Although the Legislature is not obligated to act on task force recommendations, “consensus with law enforcement” on legal changes “would be significant for the Legislature going forward,” said Sen. David Frockt, D-Seattle. Rather than building consensus, the meetings so far have “almost been like it’s a dog and pony show,” Hankerson said. ‘NOT THE FIRST THING ON MY MIND’ Rep. Dave Hayes, R-Camano Island, is a sergeant with the Snohomish County Sheriff’s Office and one of four legislators on the panel. He said the task force should look at all sorts of avenues to reduce violent interactions involving police, and said changing Washington’s malice standard is “definitely not the first thing on my mind.” Added Hayes: “I don’t believe that changing the statute is going to fix anything.” He said he expects the result of the task force to be “a couple bills regarding data collection and how we use that data to make our local law enforcement officers better.” He cautioned the Legislature would have to weigh the cost of those bills to not place a burden on local law enforcement departments. Pearson, who left before the conclusion of Tuesday’s meeting, did not return calls or messages from The News Tribune asking for comment. On Tuesday, he said reviewing past applications of the malice statute is “beyond” what the committee was designed to do. Goodman said at the meeting the task force needs to learn more about perspectives of law enforcement officers, their training, and about data collection, and not just work on the malice statute. “We can’t be sort of rushing to focus on one aspect — one very important aspect and that is perception of flaws in the law — but we need to sit back and continue to listen,” he said during the committee meeting. Sue Rahr, the executive director of the Criminal Justice Training Commission, said at the meeting that prosecuting officers for improper use of deadly force “isn’t enough” to reduce violent encounters with law enforcement. Police officers in Washington train at Rahr’s organization with the exception of the Washington State Patrol. Rahr is on the task force. “If the task force does change the law, that’s only going to solve one piece of the problem,” she said. “The problem is much bigger and much more complex than that.” GOING FORWARD Johnson and others have tried to soothe brewing discontent in the group. She reminded task force members there would be more meetings, and that they can schedule more than four if needed. Goodman promised a more collaborative approach to setting new meeting agendas. A minority report can be filed if task force members don’t agree with the final group report to the Legislature. Frockt said Monday that he was looking at the malice law “very seriously,” and feels “ a deep sense of obligation and gravity surrounding this given what’s happening around the country.” “There are people who are going to be clearly disappointed if we don’t make some changes in some Washington law,” he added. “I hope that this is not the situation where the task force goes through, does a lot of work and nothing really happens with it.” Quinn said he’s still optimistic that thorough work on the malice statute will come. But, he said, “there needs to be a demonstration that we need to address these issues.”
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	63	+TPP Solves multiple extinction scenarios. Morimoto ‘15
	64	+Andy Morimoto is a research associate at The Chicago Council on Global Affairs. “The Strategic Costs of TPP Failure.” The Diplomat. August 22, 2015. http://thediplomat.com/2015/08/the-strategic-costs-of-tpp-failure/ JJN
	65	+The Trans-Pacific Partnership is in trouble. Trade ministers failed last month to conclude the massive 12-nation trade deal by their hoped-for summer deadline, putting negotiations in danger of collapse. This is a problem. Trade advocates argue that letting the TPP die would be a significant lost opportunity for the global economy. But there’s a potentially bigger problem here – one that may have serious consequences for both U.S. national security and regional stability in the Asia-Pacific. Just consider the strategic backdrop against which last month’s negotiations occurred. Maritime disputes flaring across the South China Sea. Tensions rising between Beijing and Tokyo. Perennial friction between China and Taiwan and a growing nuclear stockpile in North Korea. If the TPP falls through, it could greatly hurt the America’s ability to stabilize the fraught geopolitics of Asia. Some have argued that a TPP failure would be a net positive for regional stability. The deal, they claim, would isolate and provoke China, and should therefore be abandoned. But this view is blinkered. Given the high trade volumes and trade arrangements across the Asia-pacific, China stands very little chance of being isolated. Moreover, Chinese officials have other ventures on their minds. According to He Weiwen, a former Chinese Commerce Ministry official, “the Chinese are more or less neutral because we have our own agenda, pushing forward ASEAN plus six and the Silk Road.” In fact, there are a number of reasons to believe that the opposite is true: that a TPP failure will cause a number of strategic problems for the U.S. in the Asia-Pacific. First, failure would mean stunting the growth of America’s Pacific partners. This is problematic for two reasons. Most importantly, fewer states would be devoting fewer resources to meet shared challenges like counterterrorism and climate change. In addition, as countries get richer and more interdependent, they become more invested in the well-being of their neighbors. And while free trade, interdependence, and prosperity do not guarantee stability and peace (see: World War I), they do create conditions that make conflict less appealing. Second, failure would create more potential for instability and crises. Consider a hypothetical scenario in which China and one of its neighbors along the South China Sea (say, Vietnam) get into a serious spat over territorial claims. With the TPP, this spat would be less likely to escalate into a full-blown crisis, as China understands that the U.S. is more inclined to intervene in situations that threaten its growing trade interests. Without the TPP, there is less clarity about U.S. resolve, so the potential for miscalculation and escalation increases. Third, failure would send a strong signal that the U.S. no longer has the political will to lead in the region. This would come at a time when allies are already uncertain of U.S. commitments. Earlier this week, for example, Japan’s trade minister expressed disappointment in last month’s trade meetings, saying “every TPP country wondered why the U.S. was quick to give up the conclusion without its usual relentless persistence.” If the U.S. allows negotiations to collapse, it would demonstrate the Obama administration’s declaration – that the U.S. is “all in, when it comes to the Asia-Pacific” – to be hollow. This has important geopolitical implications. If Asia’s great powers perceive the U.S. to be unserious about its role in the region, this will increase the incentive for the powerful regional states (i.e. China and Japan) to jockey with one another for regional hegemony. Finally, failure would be a missed opportunity for the U.S. economy – and America’s ability to project strength abroad rests on its economic foundation at home. According to an analysis from the Peterson Institute, U.S. income gains under the TPP would be significant, potentially adding $59 billion per year by 2020. Failing to conclude the TPP would forego these potential gains, and would make it more difficult for the U.S. to stem the defense cuts put in place by the sequester and invest in our military presence in the Asia-Pacific. The Nobel Prize winning economist Thomas Schelling noted that “trade is what most of international relations are about. For that reason trade policy is national security policy.” Today, U.S. trade policy – and indeed, its national security policy – are in danger of falling apart. Getting something as big and complicated as the TPP across the line won’t be easy. But given the smoldering flashpoints across Asia, the U.S. can hardly afford to squander any tools in its foreign policy toolkit. The stakes are too high.
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	67	+Regional hegemony is key to stop nuke war. Rudd 11
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	69	+Rudd 11 – Kevin Rudd, Australian Minister for Foreign Affairs, “The Case for American Engagement in Asia: The Australian Perspective”, 9-15, http://foreignminister.gov.au/speeches/Pages/2011/kr_sp_110915.aspx?ministerid=2
	70	+
	71	+THE GEO-STRATEGIC RAMIFICATIONS But as nations change, so too do relations between nations. The emergence of new powers inevitably brings new strategic complexity, as the power relativities of the 20th century give way to the new ones. Asia will be vulnerable to a host of strategic uncertainties, arising from the need for new powers to integrate into the global economic and political order, and for the established powers to accommodate them. The potential for misunderstanding — and the consequences of miscalculation — is also vast. Tensions like those we see in the South China Sea, the East China Sea, the Korean Peninsula and the Persian Gulf may become even more difficult to manage. Make no mistake: these aren’t just regional problems. Questions about the future of the South China Sea touch on every regional country’s future, given their global strategic and economic significance. This theme isn't new, but what I can tell you about this strategic shift is that we — Australia and the United States — will face it as allies. Sure, there is the possibility of instability in our region. But we've faced the possibility of conflict — and actual conflict — together in the past. Many different tests, circumstances and challenges have put the acid to our alliance since the ANZUS treaty was signed, 60 years ago. We've been reminded again that the only time the ANZUS treaty has been formally invoked was ten years ago this week — in response to the attacks on September 11. But military and intelligence cooperation with the US continues across a wide range of theatres within the framework of the Alliance. Here in San Francisco — where the ANZUS treaty was signed, all those years ago — I'm reminded that Australian and American servicemen and women have fought, flown, sailed and — I'm reliably informed — surfed together since the Pacific War. Today, that Alliance continues to grow in meaning and intensity. We are fighting together in Afghanistan; working together against global threats like piracy; and responding together to natural disasters across the region. For us, for our relationship, the end of the Cold War hasn’t meant a downgrading of the importance of our Alliance — if anything, it’s become more intense and more important. So as we face the challenges of the 21st Century — the challenges of the shift of power to Asia — we will do so together. We’re working together to ensure our forces are aligned in the right way to provide for the national security of our two countries, and to help us shape the emerging regional environment. Our forces have to be able to respond to the range of contingencies that can arise in our region, including humanitarian assistance and disaster relief. Increasingly, we aren’t just working with each other, but with other regional players. I'm not just talking about the Pacific, or the Asia-Pacific. The critical region for our future now extends to include the Indian Ocean as well. The growing strategic importance of the Indian Ocean starts with India's rise. India is the largest democracy in the world. Forecast to be the third largest economy in the world in coming decades, it is in the interest of both the United States and Australia for India to play the role of a major international power. For now, India’s focus remains South Asia. But its strategic weight is increasing with its increasing economic size and strength. India is increasingly looking east with interest, both for strategic and economic reasons, and because of long-standing cultural connections. But the importance of the Indian Ocean also lies in its unique role in maritime security and sea lines of communication for a much larger group of economies, both in Europe and Asia. Lying between the Middle East energy sources and the dynamic global engine room of Asia, its importance grows with each passing year. The pressures on the Gulf and West Indian Ocean choke points will intensify, as India grows and East Asian centres of growth remain reliant on Gulf energy and African resources. In the 21st Century, questions of resource, energy and food security are becoming more vital than ever. As Robert Kaplan says, the Indian Ocean is once again at the heart of the world, as it was in ancient and medieval times. THE ROLE OF THE UNITED STATES The United States has been a guarantor of security and economic prosperity in the Asia-Pacific for decades. But the 21st Century will demand more. As the world changes, it's even more critical that the US builds its engagement with our region. As the United States transitions back from tough and unforgiving wars in Iraq and Afghanistan, it might seem tempting to resist the case for further international engagement. President Obama has already rightly intensified US involvement with East Asia. It remains the case, in one way or another, that the United States is vital in solving common problems collectively. No other power is able or willing to support essential global public goods — like the free movement of trade, capital and people around the world. Sea-lane security, regional security in critical regions like the Gulf, open markets, the reserve currency, deep and liquid capital markets — who else provides these global public goods? America has faced these questions before. On the eve of entry into World War II, Henry Luce's seminal editorial in Life magazine on the American Century was much more than a statement about relative power, as America assumed its position in the new order. It was a call for American leadership in international affairs. It is in America’s interest and the world’s interest to provide that leadership — because in its absence, the risks grow that we will see destabilisation that threatens us all. The interdependence of our economies has been shown clearly by the financial crisis, and a collapse in the conditions for open trade would be an economic disaster for all trading nations. I share President Obama's view that America can neither retreat from "responsibility as an anchor of global security" nor "confront... every evil that can be found abroad". But President Obama talked of the need for a "more centered course" — and that lies in a deep US engagement in Asia. I believe the vast majority of the countries of Asia welcome that continued and expanded American strategic role in our hemisphere. As Indonesia’s President Yudhoyono said in November 2008, as the financial crisis was wreaking havoc upon us, “none of these global challenges can be addressed by the world community without having America onboard. And conversely, none of these issues can be resolved by the United States alone.” And as Lee Kuan Yew said a year later, “the consensus in ASEAN is that the US remains irreplaceable in East Asia.” In the 21st Century, the US needs substantial, sophisticated, nimble engagement in the region.
	72	+
	73	+
	74	+AC
	75	+
	76	+Adv 1: so many alt causes to US human rights cred: Drone strikes, gitmo, torture, etc.
	77	+
	78	+Adv 2: Tech shift n/b to CP solves. The CP leads to less surveillance by cops and protects privacy more.
	79	+
	80	+New reports and the shiftiness of the government prove the aff does nothing.
	81	+~-~-newest reports prove
	82	+~-~-NSA had said they ended domestic email collection, but continued doing it under foreign email collection programs
	83	+~-~-it’s part of an endless shell-game
	84	+~-~-the NSA will create it secretly and we won’t learn about it until later
	85	+Peterson 11/20/15 ~-~-- covers technology for the Washington Post (Andrea, “Why it’s so hard to keep up with how the U.S. government is spying on its own people”, https://www.washingtonpost.com/news/the-switch/wp/2015/11/20/why-its-so-hard-to-keep-up-with-how-the-u-s-government-is-spying-on-its-own-people/)//trepka
	86	+Since 2013, Americans have gained immense insight about how the government conducts digital spying programs, largely thanks to the revelations made by former security contractor Edward Snowden. But a new report shows it's really hard to keep track of all the ways the United States is snooping on its own people. After Snowden revealed the National Security Agency was collecting data en masse about American e-mails, the government said it had ended that particular program in 2011. But it turns out that didn't really stop the NSA from being able to suck data about Americans' e-mails: Instead, the government was able to replace the key functions of that program by relying on legal methods designed to collect information about foreigners, according to a NSA Inspector General report obtained by the New York Times via a Freedom of Information Act suit. And because those methods focused on overseas collection, or collection aimed at non-U.S. citizens, they largely had less oversight than the now-defunct domestic e-mail records program. "This is yet another trick move in the never-ending shell game that the NSA is playing with the American people, and apparently with the secret court whose oversight it is trying to evade," said Kevin Bankston, the director of New America's Open Technology Institute. "New rule: if the NSA claims that a particular surveillance program has ended, or that a particular type of surveillance has halted 'under this program,' assume that it is still going on in another program." There is a reason for all the secrecy: The government argues it has a vested interest in keeping capabilities secret so that terrorists and other targets aren't able to figure out how to evade surveillance. That's one of the reasons some intelligence officials were quick to blame Snowden in the wake of the recent Paris attacks, arguing his revelations may have given terrorists a road map for how evade detection. "Iin the past several years because of a number of unauthorized disclosures and a lot of handwringing over the government’s role in the effort to try to uncover these terrorists, there have been some policy and legal and other actions that are taken that make our ability collectively internationally to find these terrorists much more challenging," CIA Director John Brennan said Monday at a Washington conference. But no evidence has yet emerged that the attacks were coordinated using tools that protected communications through encryption, a security tool Snowden often recommends to everyday users looking to ensure their digital privacy. In fact, the information available so far suggests that the attackers sent an unencrypted text to coordinate the launch of the attack, and several of them had been known to Belgian investigators. The lack of transparency and public awareness of how Americans' data was being collected is also one of the reasons Snowden said he was compelled to come forward with information about government spying. “My sole motive is to inform the public as to that which is done in their name and that which is done against them,” he wrote in a note that accompanied the first document he leaked to The Washington Post. But big disclosures such as Snowden's come along rarely. And now we're seeing that reporting on these programs is like a sort of like playing whack-a-mole: Even if one program appears to have ended, others spring up in their place ~-~- and the general public often doesn't learn about them until years after they've taken effect.
	87	+
	88	+The aff’s circumvented by states and contracting ~-~-- all that is net worse
	89	+Goldfarb et al 15 ~-~-- Legal Scholar (Ronald, also with David Cole, Edward Wasserman, Tom Blanton, Hodding Carter, Jon Mills, Barry Siegel, “After Snowden: Privacy, Secrecy, and Security in the Information Age”, Google Books)//trepka
	90	+Another former intelligence official suggested that as a practical matter, the controversial programs Snowden disclosed may be curtailed for economic reasons, especially if their utility is of dubious value. Further, he speculates, there may be worse incursions of privacy by local and state police officials whose gathering and collating of their terrorism surveillance are likely to be available to federal intelligence agencies. Still another expert suggested that one of the problems with the post-9/11 national security process is that the NSA hired many contractors to do what its employees did in the past.
	91	+
	92	+Those contractors are not federal entities which means the plan text and durable fiat don’t solve the total lack of liability
	93	+Lumb 15 ~-~-- Partner at Corboy and Demetrio (Kenneth, “Federal Tort Pitfall”, http://www.corboydemetrio.com/media/publication/77_Trial_2015_05May_Lumb_Federal20tort20pitfalls_reprint.pdf)//trepka
	94	+The United States contracts with a wide range of people and entities to provide services to the government and citizens. With the exception of relationships created by a “personal services” contract, contractors are not italics in original federal employees, and the United States is not vicariously liable for their negligence.

EntryDate

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	1	+2016-11-06 19:09:51.489

Judge

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	1	+Adam Bistagne

Opponent

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	1	+Peninsula KL

ParentRound

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	1	+11

Round

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	1	+3

Team

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	1	+Harvard Westlake Gross Neg

Title

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	1	+Damus R3 NC

Tournament

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	1	+Damus