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... ... @@ -1,0 +1,32 @@ 1 +The endpoint of the 1AC is the antiblack status quo – blackness is defined in terms of an ontological structural antagonism with white civil society that is reproduced by any attempt to use existing legal structures or philosophies. Warren 13 2 + 3 +Calvin Warren, Onticide: Toward an Afro-pessimistic Queer Theory" Paper presented at the annual meeting of the American Studies Association Annual Meeting, 2013. NS 4 + 5 +We could suggest that the term “black queer” dramatizes the fundamental tension in humanism itself, especially contemporary iterations of it: how to eradicate the violence that limits human potential, and expand the category of the human, when the violence rejected is absolutely necessary for the human to exist as such. In other words, humanism is caught in an ethical dilemma, or double-bind. The “emancipatory meditations” against the violence that produces contingent experiences of unfreedom for humans also provides the grounding for the category of the human around which these meditations mobilize. The “human” is a repository of violent practices and technologies that has crystalized over time. The ethical impulse is to resolve the tension within humanism, to wrest the “human” from the historical violence upon which it is founded. This ethical enterprise inevitably fails, for in the end, the human is nothing more than this very violence, rendering violence and the human mutually constitutive and coterminous. The experience of unfreedom (suffering) is the outcome of this violence. Making this suffering legible is the ethical drive of humanist thinking and the objective of a politics invested in “freedom.” Violence, humanity, unfreedom, and freedom constitute an unending cycle of desire, deferral, and despair. This cycle of violence captures the tension in humanism that much of contemporary theory either attempts to resolve (Ethics) or wishes to abandon (divesture). The violence that constitutes the human and produces suffering is sustained through an ontological antagonism. The boundaries of the human are shored-up by this antagonism and without it, the human, and the world within which it lives, would cease to exist. The non-ontology of blackness secures the boundaries of the human; it delimits the coordinates of the human. Blackness is an exclusion that enables ontology. In its exclusion from the realm of ontology, blackness is un-thinkable, innominate, and paradoxical. In essence, blackness exists to not exist—it embodies the most perplexing paradox that sustains ontology (or in psychoanalytic terms it is the Real of ontology). The field of Ethics, then, conceals a dirty secret: the ontological ground upon which it is situated is unethical. Ethics subverts itself, but it can only exist through this very subversion. All ethical discourses organized around the elimination of suffering or the experiences of freedom are imbricated in this unethicality. Blackness is both the life and death of humanism and its ethics, and for this reason, it lacks a legible grammar to articulate this dread. It is an incomprehensible suffering, or an unending injury not understood as legitimate injury. To take matters further, there would be no human suffering without the prior exclusion of blackness, but there would also be no world or human without this exclusion either. It is an unresolvable antagonism. 2 The term “black queer” is a philosophical conundrum, or problem space, precisely because it carries this antagonism, the ethical dilem- ma of humanism, within its discursive structure. 3 It brings two crises into juxtaposition creating somewhat of a theoretical fatality, a devas- tating crime scene. At the site of this fatality lies a mutilated, supine black body we cannot quite place within the symbolics of identity, politics, history, sociology, or law. In cases like these, we put “theory” and “philosophy” into service to figure out who did “it,” what was the murder weapon, and what was the injury—if we can even call it an injury. This situation frustrates the researcher (researcher as detective, philosopher, and medical examiner all at once) in that he lacks a coherent grammar to make this suffering legible, the assaulting party is more like a structural phenomenon, and the fatality is a precondition of the world itself. In this sense, the fatality is rendered banal, diurnal, and quotidian, as it sustains the very field of existence. 6 + 7 +In its ontological absence the black is a fungible object open to gratuitous violence and void of relational capacity. R.L. 13 8 + 9 +R.L., WANDERINGS OF THE SLAVE: BLACK LIFE AND SOCIAL DEATH, 2013, 10 +Mute Magazine NS 11 + 12 +For the Afro-pessimists, the black subject is exiled from the human relation, which is predicated on social recognition, volition, subjecthood, and the valuation of life itself. Thus black existence is marked as an ontological absence, posited as sentient object and devoid of any positive relationality, in contradistinction to the human subject’s presence. How does this negative relationality originate and maintain itself? Through a structural violence, which is the formative relation that positions the slave, making it the central ontological foundation of black existence: Structural vulnerability to appropriation, perpetual and involuntary openness, including all the wanton uses of the body … should be understood as the paradigmatic conditions of black existence in the Americas, the defining characteristics of New World anti-blackness. In short, the black, whether slave or ‘free,’ lives under the commandment of whites.10 Contrary to contingent applications of violence in accordance with legitimate cause (transgression of law, as repressive strategy, as reaction, etc.), violence against blacks is gratuitous, without any prior reason or justification. It is the direct relation of force as the basis of the slave relation, which essentially structures the disposession of black existence, an ontological disposession of being. This gratuitous violence, on the one hand, subjugates black existence to an irrational accumulation of bodies, and subsequently produces a condensed delimitation of blackness in space. Whether it was the owning and trading of slaves or the contemporary phenomena of the ghetto and mass incarceration, black existence is excluded and stockpiled as so many objects within a spatial boundary. In this condition, life is reduced to a statistical quantity, black existence is made exchangeable with any other. Therefore, on the other hand, black existence is also a fungible object, infinitely malleable in its content due to the abstraction of its quality and open for use for anyone who can claim subjecthood.11 These structural features come to their fullest expression in the contemporary scenario of police shootings. The endless stream of young black men shot by police borders on excess, demonstrating the pure interchangeability of such names as equivalents, meaning that such seemingly particular empirical cases are in actuality a general condition. Blackness is as devalued as it is susceptible to all aspects of material and social containment, control and debility. Yet, in these instances, even morally indignant liberals are complicit with anti-blackness by focusing on police shootings as a contingent rather than structural feature of black existence. 13 + 14 + 15 +The demand for legal relief is the perfection of slavery, making the slave bow down to the master. Farley 05 16 + 17 +Anthony. Prof. Farley specializes in Constitutional Law, Criminal Procedure and Legal Theory. Taught at Boston College Before Teaching at Albany “Perfecting Slavery” Page 221-222. NS 18 + 19 +Slavery is with us still. We are haunted by slavery. We are animated by slavery. White-over-black is slavery and segregation and neosegregation and every situation in which the distribution of material or spiritual goods follows the colorline. The movement from slavery to segregation to neosegregation to whatever form of white-over-black it is that may come with post-modernity or after is not toward freedom. The movement from slavery to segregation to neosegregation is the movement of slavery perfecting itself. White-over-black is neosegregation. White-over-black is segregation. White-over-black is slavery. All of it is white-over-black, only white-over-black, and that continually. The story of progress up from slavery is a lie, the longest lie. The story of progress up from slavery is told juridically in the form of the rule of law. Slavery is the rule of law. And slavery is death. The slave perfects itself as a slave when it bows down before its master of its own free will. That is the moment in which the slave accomplishes the impossible reconciliation of its freedom with its unfreedom by willing itself unfree. When exactly does this perfection of slavery take place? The slave bows down before its master when it prays for legal relief, when it prays for equal rights, and while it cultivates the field of law hoping for an answer. 20 + 21 +Thus the alternative is to embrace the demand of the slave - the end of the world. Wilderson 02 22 + 23 +Frank Wilderson, The Prison Slave as Hegemony's (Silent) Scandal, resented at Imprisoned Intellectuals Conference Brown University, April 13th 2002. NS 24 + 25 + 26 +If we are to take Fanon at his word when he writes, Decolonization, which sets out to change the order of the world, is, obviously, a program of complete disorder (37) then we must accept the fact that no other body functions in the Imaginary, the Symbolic, or the Real so completely as a repository of complete disorder as the Black body. Blackness is the site of absolute dereliction at the level of the Real, for in its magnetizing of bullets the Black body functions as the map of gratuitous violence through which civil society is possible: namely, those other bodies for which violence is, or can be, contingent. Blackness is the site of absolute dereliction at the level of the Symbolic, for Blackness in America generates no categories for the chromosome of History, no data for the categories of Immigration or Sovereignty; it is an experience without analog a past, without a heritage. Blackness is the site of absolute dereliction at the level of the Imaginary for whoever says rape says Black, (Fanon) , whoever says prison says Black, and whoever says AIDS says Black (Sexton) the Negro is a phobogenic object (Fanon). Indeed and a phobogenic object and a past without a heritage and the map of gratuitous violence and a program of complete disorder. But whereas this realization is, and should be cause for alarm, it should not be cause for lament, or worse, disavowal not at least, for a true revolutionary, or for a truly revolutionary movement such as prison abolition. If a social movement is to be neither social democratic, nor Marxist, in terms of the structure of its political desire then it should grasp the invitation to assume the positionality of subjects of social death that present themselves; and, if we are to be honest with ourselves we must admit that the Negro has been inviting Whites, and as well as civil society’s junior partners, to the dance of social death for hundreds of years, but few have wanted to learn the steps. They have been, and remain today even in the most anti-racist movements, like the prison abolition movement invested elsewhere. This is not to say that all oppositional political desire today is pro-White, but it is to say that it is almost always anti-Black which is to say it will not dance with death. Black liberation, as a prospect, makes radicalism more dangerous to the U.S. Not because it raises the specter of some alternative polity (like socialism, or community control of existing resources) but because its condition of possibility as well as its gesture of resistance functions as a negative dialectic: a politics of refusal and a refusal to affirm, a program of complete disorder. One must embrace its disorder, its incoherence and allow oneself to be elaborated by it, if indeed one’s politics are to be underwritten by a desire to take this country down. If this is not the desire which underwrites one’s politics then through what strategy of legitimation is the word prison being linked to the word abolition? What are this movement’s lines of political accountability? There’s nothing foreign, frightening, or even unpracticed about the embrace of disorder and incoherence. The desire to be embraced, and elaborated, by disorder and incoherence is not anathema in and of itself: no one, for example, has ever been known to say gee-whiz, if only my orgasms would end a little sooner, or maybe not come at all. But few so-called radicals desire to be embraced, and elaborated, by the disorder and incoherence of Blackness and the state of political movements in America today is marked by this very Negrophobogenisis: gee-whiz, if only Black rage could be more coherent, or maybe not come at all. Perhaps there’s something more terrifying about the joy of Black, then there is about the joy of sex (unless one is talking sex with a Negro). Perhaps coalitions today prefer to remain in-orgasmic in the face of civil society with hegemony as a handy prophylactic, just in case. But if, through this stasis, or paralysis, they try to do the work of prison abolition that work will fail; because it is always work from a position of coherence (i.e. the worker) on behalf of a position of incoherence, the Black subject, or prison slave. In this way, social formations on the Left remain blind to the contradictions of coalitions between workers and slaves. They remain coalitions operating within the logic of civil society; and function less as revolutionary promises and more as crowding out scenarios of Black antagonisms they simply feed our frustration. Whereas the positionality of the worker be s/he a factory worker demanding a monetary wage or an immigrant or White woman demanding a social wage gestures toward the reconfiguration of civil society, the positionality of the Black subject be s/he a prison-slave or a prison-slave-in-waiting gestures toward the disconfiguration of civil society: from the coherence of civil society, the Black subject beckons with the incoherence of civil war. A civil war which reclaims Blackness not as a positive value, but as a politically enabling site, to quote Fanon, of absolute dereliction: a scandal which rends civil society asunder. Civil war, then, becomes that unthought, but never forgotten understudy of hegemony. A Black specter waiting in the wings, an endless antagonism that cannot be satisfied (via reform or reparation) but must nonetheless be pursued to the death. 27 + 28 +Recognizing that blackness is pathologized is key to embracing social life in social death. Sexton 11 29 + 30 +Jared Sexton, ANTE-ANTI-BLACKNESS: AFTERTHOUGHTS, Cultural Studies Association Issue 1, 2011. NS 31 + 32 +Against the raceless credo, then, racism cannot be rejected without a dialectic in which humanity experiences a blackened world" (Gordon 1997: 67). What is this willingness to 'be' black, of choosing to be black affirmatively rather than reluctantly, that Gordon finds as the key ethical moment in Fanon? Elsewhere, in a discussion of W. E. B. Du Bois on the study of black folk, Gordon restates an existential phenomenological conception of the anti-black world developed across his first several books: "Blacks here suffer the phobogenic reality posed by the spirit of racial seriousness. In effect, they more than symbolize or signify various social pathologies – they become them. In our anti-black world, blacks are pathology" (Gordon 2000: 87). This conception would seem to support to Moten's contention that even much radical black studies scholarship sustains the association of blackness with a certain sense of decay and thereby fortifies and extends the interlocutory life of widely accepted political common sense. In fact, it would seem that Gordon deepens the already problematic association to the level of identity. And yet, this is precisely what Gordon argues is the value and insight of Fanon: he fully accepts the definition of himself as pathological as it is imposed by a world that knows itself through that imposition, rather than remaining in a reactive stance that insists on the heterogeneity between a self and an imago originating in culture. Though it may appear counter-intuitive, or rather because it is counter-intuitive, this acceptance or affirmation is active; it is a willing or willingness, in other words, to pay whatever social costs accrue to being black, to inhabiting blackness, to living a black social life under the shadow of social death. This is not an accommodation to the dictates of the anti-black world. The affirmation of blackness, which is to say an affirmation of pathological being, is a refusal to distance oneself from blackness in a valorization of minor differences that bring one closer to health, life, or sociality. Fanon writes in the first chapter of Black Skin, White Masks: "A Senegalese who learns Creole to pass for Antillean is a case of alienation. The Antilleans who make a mockery out of him are lacking in judgment" (Fanon 2008: 21). In a world structured by the twin axioms of white superiority and black inferiority, of white existence and black non-existence, a world structured by a negative categorical imperative – "above all, don’t be black" (Gordon 1997: 63) – in this world, the zero degree of transformation is the turn toward blackness, a turn toward the shame, as it were, that "resides in the idea that 'I am thought of as less than human'" (Nyong'o 2002: 389). 22 In this we might create a transvaluation of pathology itself, something like an embrace of pathology without pathos. To speak of black social life and black social death, black social life against black social death, black social life as black social death, black social life in black social death – all of this is to find oneself in the midst of an argument that is also a profound agreement, an agreement that takes shape in (between) meconnaissance and (dis)belief. Black optimism is not the negation of the negation that is afro-pessimism, just as black social life does not negate black social death by vitalizing it. A living death is a much a death as it is a living. Nothing in afro-pessimism suggests that there is no black (social) life, only that black life is not social life in the universe formed by the codes of state and civil society, of citizen and subject, of nation and culture, of people and place, of history and heritage, of all the things that colonial society has in common with the colonized, of all that capital has in common with labor – the modern world system. 23 Black life is not lived in the world that the world lives in, but it is lived underground, in outer space. This is agreed. That is to say, what Moten asserts against afro-pessimism is a point already affirmed by afro-pessimism, is, in fact, one of the most polemical dimensions of afro-pessimism as a project: namely, that black life is not social, or rather that black life is lived in social death. Double emphasis, on lived and on death. That's the whole point of the enterprise at some level. It is all about the implications of this agreed upon point where arguments (should) begin, but they cannot (yet) proceed. Wilderson's is an analysis of the law in its operation as "police power and racial prerogative both under and after slavery" (Wagner 2009: 243). So too is Moten's analysis, at least that just-less-than-half of the intellectual labor committed to the object of black studies as critique of (the anti-blackness of) Western civilization. But Moten is just that much more interested in how black social life steals away or escapes from the law, how it frustrates the police power and, in so doing, calls that very policing into being in the first place. The policing of black freedom, then, is aimed less at its dreaded prospect, apocalyptic rhetoric notwithstanding, than at its irreducible precedence. The logical and ontological priority of the unorthodox self-predicating activity of blackness, the "improvisatory exteriority" or "improvisational immanence" that blackness is, renders the law dependent upon what it polices. This is not the noble agency of resistance. It is a reticence or reluctance that we might not know if it were not pushing back, so long as we know that this pushing back is really a pushing forward. So, in this perverse sense, black social death is black social life. The object of black studies is the aim of black studies. The most radical negation of the anti-black world is the most radical affirmation of a blackened world. Afro-pessimism is "not but nothing other than" black optimism. 24 - EntryDate
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... ... @@ -1,0 +1,32 @@ 1 +The endpoint of the 1AC is the antiblack status quo – blackness is defined in terms of an ontological structural antagonism with white civil society that is reproduced by any attempt to use existing legal structures or philosophies. Warren 13 2 + 3 +Calvin Warren, Onticide: Toward an Afro-pessimistic Queer Theory" Paper presented at the annual meeting of the American Studies Association Annual Meeting, 2013. NS 4 + 5 +We could suggest that the term “black queer” dramatizes the fundamental tension in humanism itself, especially contemporary iterations of it: how to eradicate the violence that limits human potential, and expand the category of the human, when the violence rejected is absolutely necessary for the human to exist as such. In other words, humanism is caught in an ethical dilemma, or double-bind. The “emancipatory meditations” against the violence that produces contingent experiences of unfreedom for humans also provides the grounding for the category of the human around which these meditations mobilize. The “human” is a repository of violent practices and technologies that has crystalized over time. The ethical impulse is to resolve the tension within humanism, to wrest the “human” from the historical violence upon which it is founded. This ethical enterprise inevitably fails, for in the end, the human is nothing more than this very violence, rendering violence and the human mutually constitutive and coterminous. The experience of unfreedom (suffering) is the outcome of this violence. Making this suffering legible is the ethical drive of humanist thinking and the objective of a politics invested in “freedom.” Violence, humanity, unfreedom, and freedom constitute an unending cycle of desire, deferral, and despair. This cycle of violence captures the tension in humanism that much of contemporary theory either attempts to resolve (Ethics) or wishes to abandon (divesture). The violence that constitutes the human and produces suffering is sustained through an ontological antagonism. The boundaries of the human are shored-up by this antagonism and without it, the human, and the world within which it lives, would cease to exist. The non-ontology of blackness secures the boundaries of the human; it delimits the coordinates of the human. Blackness is an exclusion that enables ontology. In its exclusion from the realm of ontology, blackness is un-thinkable, innominate, and paradoxical. In essence, blackness exists to not exist—it embodies the most perplexing paradox that sustains ontology (or in psychoanalytic terms it is the Real of ontology). The field of Ethics, then, conceals a dirty secret: the ontological ground upon which it is situated is unethical. Ethics subverts itself, but it can only exist through this very subversion. All ethical discourses organized around the elimination of suffering or the experiences of freedom are imbricated in this unethicality. Blackness is both the life and death of humanism and its ethics, and for this reason, it lacks a legible grammar to articulate this dread. It is an incomprehensible suffering, or an unending injury not understood as legitimate injury. To take matters further, there would be no human suffering without the prior exclusion of blackness, but there would also be no world or human without this exclusion either. It is an unresolvable antagonism. 2 The term “black queer” is a philosophical conundrum, or problem space, precisely because it carries this antagonism, the ethical dilem- ma of humanism, within its discursive structure. 3 It brings two crises into juxtaposition creating somewhat of a theoretical fatality, a devas- tating crime scene. At the site of this fatality lies a mutilated, supine black body we cannot quite place within the symbolics of identity, politics, history, sociology, or law. In cases like these, we put “theory” and “philosophy” into service to figure out who did “it,” what was the murder weapon, and what was the injury—if we can even call it an injury. This situation frustrates the researcher (researcher as detective, philosopher, and medical examiner all at once) in that he lacks a coherent grammar to make this suffering legible, the assaulting party is more like a structural phenomenon, and the fatality is a precondition of the world itself. In this sense, the fatality is rendered banal, diurnal, and quotidian, as it sustains the very field of existence. 6 + 7 +In its ontological absence the black is a fungible object open to gratuitous violence and void of relational capacity. R.L. 13 8 + 9 +R.L., WANDERINGS OF THE SLAVE: BLACK LIFE AND SOCIAL DEATH, 2013, 10 +Mute Magazine NS 11 + 12 +For the Afro-pessimists, the black subject is exiled from the human relation, which is predicated on social recognition, volition, subjecthood, and the valuation of life itself. Thus black existence is marked as an ontological absence, posited as sentient object and devoid of any positive relationality, in contradistinction to the human subject’s presence. How does this negative relationality originate and maintain itself? Through a structural violence, which is the formative relation that positions the slave, making it the central ontological foundation of black existence: Structural vulnerability to appropriation, perpetual and involuntary openness, including all the wanton uses of the body … should be understood as the paradigmatic conditions of black existence in the Americas, the defining characteristics of New World anti-blackness. In short, the black, whether slave or ‘free,’ lives under the commandment of whites.10 Contrary to contingent applications of violence in accordance with legitimate cause (transgression of law, as repressive strategy, as reaction, etc.), violence against blacks is gratuitous, without any prior reason or justification. It is the direct relation of force as the basis of the slave relation, which essentially structures the disposession of black existence, an ontological disposession of being. This gratuitous violence, on the one hand, subjugates black existence to an irrational accumulation of bodies, and subsequently produces a condensed delimitation of blackness in space. Whether it was the owning and trading of slaves or the contemporary phenomena of the ghetto and mass incarceration, black existence is excluded and stockpiled as so many objects within a spatial boundary. In this condition, life is reduced to a statistical quantity, black existence is made exchangeable with any other. Therefore, on the other hand, black existence is also a fungible object, infinitely malleable in its content due to the abstraction of its quality and open for use for anyone who can claim subjecthood.11 These structural features come to their fullest expression in the contemporary scenario of police shootings. The endless stream of young black men shot by police borders on excess, demonstrating the pure interchangeability of such names as equivalents, meaning that such seemingly particular empirical cases are in actuality a general condition. Blackness is as devalued as it is susceptible to all aspects of material and social containment, control and debility. Yet, in these instances, even morally indignant liberals are complicit with anti-blackness by focusing on police shootings as a contingent rather than structural feature of black existence. 13 + 14 + 15 +The demand for legal relief is the perfection of slavery, making the slave bow down to the master. Farley 05 16 + 17 +Anthony. Prof. Farley specializes in Constitutional Law, Criminal Procedure and Legal Theory. Taught at Boston College Before Teaching at Albany “Perfecting Slavery” Page 221-222. NS 18 + 19 +Slavery is with us still. We are haunted by slavery. We are animated by slavery. White-over-black is slavery and segregation and neosegregation and every situation in which the distribution of material or spiritual goods follows the colorline. The movement from slavery to segregation to neosegregation to whatever form of white-over-black it is that may come with post-modernity or after is not toward freedom. The movement from slavery to segregation to neosegregation is the movement of slavery perfecting itself. White-over-black is neosegregation. White-over-black is segregation. White-over-black is slavery. All of it is white-over-black, only white-over-black, and that continually. The story of progress up from slavery is a lie, the longest lie. The story of progress up from slavery is told juridically in the form of the rule of law. Slavery is the rule of law. And slavery is death. The slave perfects itself as a slave when it bows down before its master of its own free will. That is the moment in which the slave accomplishes the impossible reconciliation of its freedom with its unfreedom by willing itself unfree. When exactly does this perfection of slavery take place? The slave bows down before its master when it prays for legal relief, when it prays for equal rights, and while it cultivates the field of law hoping for an answer. 20 + 21 +Thus the alternative is to embrace the demand of the slave - the end of the world. Wilderson 02 22 + 23 +Frank Wilderson, The Prison Slave as Hegemony's (Silent) Scandal, resented at Imprisoned Intellectuals Conference Brown University, April 13th 2002. NS 24 + 25 + 26 +If we are to take Fanon at his word when he writes, Decolonization, which sets out to change the order of the world, is, obviously, a program of complete disorder (37) then we must accept the fact that no other body functions in the Imaginary, the Symbolic, or the Real so completely as a repository of complete disorder as the Black body. Blackness is the site of absolute dereliction at the level of the Real, for in its magnetizing of bullets the Black body functions as the map of gratuitous violence through which civil society is possible: namely, those other bodies for which violence is, or can be, contingent. Blackness is the site of absolute dereliction at the level of the Symbolic, for Blackness in America generates no categories for the chromosome of History, no data for the categories of Immigration or Sovereignty; it is an experience without analog a past, without a heritage. Blackness is the site of absolute dereliction at the level of the Imaginary for whoever says rape says Black, (Fanon) , whoever says prison says Black, and whoever says AIDS says Black (Sexton) the Negro is a phobogenic object (Fanon). Indeed and a phobogenic object and a past without a heritage and the map of gratuitous violence and a program of complete disorder. But whereas this realization is, and should be cause for alarm, it should not be cause for lament, or worse, disavowal not at least, for a true revolutionary, or for a truly revolutionary movement such as prison abolition. If a social movement is to be neither social democratic, nor Marxist, in terms of the structure of its political desire then it should grasp the invitation to assume the positionality of subjects of social death that present themselves; and, if we are to be honest with ourselves we must admit that the Negro has been inviting Whites, and as well as civil society’s junior partners, to the dance of social death for hundreds of years, but few have wanted to learn the steps. They have been, and remain today even in the most anti-racist movements, like the prison abolition movement invested elsewhere. This is not to say that all oppositional political desire today is pro-White, but it is to say that it is almost always anti-Black which is to say it will not dance with death. Black liberation, as a prospect, makes radicalism more dangerous to the U.S. Not because it raises the specter of some alternative polity (like socialism, or community control of existing resources) but because its condition of possibility as well as its gesture of resistance functions as a negative dialectic: a politics of refusal and a refusal to affirm, a program of complete disorder. One must embrace its disorder, its incoherence and allow oneself to be elaborated by it, if indeed one’s politics are to be underwritten by a desire to take this country down. If this is not the desire which underwrites one’s politics then through what strategy of legitimation is the word prison being linked to the word abolition? What are this movement’s lines of political accountability? There’s nothing foreign, frightening, or even unpracticed about the embrace of disorder and incoherence. The desire to be embraced, and elaborated, by disorder and incoherence is not anathema in and of itself: no one, for example, has ever been known to say gee-whiz, if only my orgasms would end a little sooner, or maybe not come at all. But few so-called radicals desire to be embraced, and elaborated, by the disorder and incoherence of Blackness and the state of political movements in America today is marked by this very Negrophobogenisis: gee-whiz, if only Black rage could be more coherent, or maybe not come at all. Perhaps there’s something more terrifying about the joy of Black, then there is about the joy of sex (unless one is talking sex with a Negro). Perhaps coalitions today prefer to remain in-orgasmic in the face of civil society with hegemony as a handy prophylactic, just in case. But if, through this stasis, or paralysis, they try to do the work of prison abolition that work will fail; because it is always work from a position of coherence (i.e. the worker) on behalf of a position of incoherence, the Black subject, or prison slave. In this way, social formations on the Left remain blind to the contradictions of coalitions between workers and slaves. They remain coalitions operating within the logic of civil society; and function less as revolutionary promises and more as crowding out scenarios of Black antagonisms they simply feed our frustration. Whereas the positionality of the worker be s/he a factory worker demanding a monetary wage or an immigrant or White woman demanding a social wage gestures toward the reconfiguration of civil society, the positionality of the Black subject be s/he a prison-slave or a prison-slave-in-waiting gestures toward the disconfiguration of civil society: from the coherence of civil society, the Black subject beckons with the incoherence of civil war. A civil war which reclaims Blackness not as a positive value, but as a politically enabling site, to quote Fanon, of absolute dereliction: a scandal which rends civil society asunder. Civil war, then, becomes that unthought, but never forgotten understudy of hegemony. A Black specter waiting in the wings, an endless antagonism that cannot be satisfied (via reform or reparation) but must nonetheless be pursued to the death. 27 + 28 +Recognizing that blackness is pathologized is key to embracing social life in social death. Sexton 11 29 + 30 +Jared Sexton, ANTE-ANTI-BLACKNESS: AFTERTHOUGHTS, Cultural Studies Association Issue 1, 2011. NS 31 + 32 +Against the raceless credo, then, racism cannot be rejected without a dialectic in which humanity experiences a blackened world" (Gordon 1997: 67). What is this willingness to 'be' black, of choosing to be black affirmatively rather than reluctantly, that Gordon finds as the key ethical moment in Fanon? Elsewhere, in a discussion of W. E. B. Du Bois on the study of black folk, Gordon restates an existential phenomenological conception of the anti-black world developed across his first several books: "Blacks here suffer the phobogenic reality posed by the spirit of racial seriousness. In effect, they more than symbolize or signify various social pathologies – they become them. In our anti-black world, blacks are pathology" (Gordon 2000: 87). This conception would seem to support to Moten's contention that even much radical black studies scholarship sustains the association of blackness with a certain sense of decay and thereby fortifies and extends the interlocutory life of widely accepted political common sense. In fact, it would seem that Gordon deepens the already problematic association to the level of identity. And yet, this is precisely what Gordon argues is the value and insight of Fanon: he fully accepts the definition of himself as pathological as it is imposed by a world that knows itself through that imposition, rather than remaining in a reactive stance that insists on the heterogeneity between a self and an imago originating in culture. Though it may appear counter-intuitive, or rather because it is counter-intuitive, this acceptance or affirmation is active; it is a willing or willingness, in other words, to pay whatever social costs accrue to being black, to inhabiting blackness, to living a black social life under the shadow of social death. This is not an accommodation to the dictates of the anti-black world. The affirmation of blackness, which is to say an affirmation of pathological being, is a refusal to distance oneself from blackness in a valorization of minor differences that bring one closer to health, life, or sociality. Fanon writes in the first chapter of Black Skin, White Masks: "A Senegalese who learns Creole to pass for Antillean is a case of alienation. The Antilleans who make a mockery out of him are lacking in judgment" (Fanon 2008: 21). In a world structured by the twin axioms of white superiority and black inferiority, of white existence and black non-existence, a world structured by a negative categorical imperative – "above all, don’t be black" (Gordon 1997: 63) – in this world, the zero degree of transformation is the turn toward blackness, a turn toward the shame, as it were, that "resides in the idea that 'I am thought of as less than human'" (Nyong'o 2002: 389). 22 In this we might create a transvaluation of pathology itself, something like an embrace of pathology without pathos. To speak of black social life and black social death, black social life against black social death, black social life as black social death, black social life in black social death – all of this is to find oneself in the midst of an argument that is also a profound agreement, an agreement that takes shape in (between) meconnaissance and (dis)belief. Black optimism is not the negation of the negation that is afro-pessimism, just as black social life does not negate black social death by vitalizing it. A living death is a much a death as it is a living. Nothing in afro-pessimism suggests that there is no black (social) life, only that black life is not social life in the universe formed by the codes of state and civil society, of citizen and subject, of nation and culture, of people and place, of history and heritage, of all the things that colonial society has in common with the colonized, of all that capital has in common with labor – the modern world system. 23 Black life is not lived in the world that the world lives in, but it is lived underground, in outer space. This is agreed. That is to say, what Moten asserts against afro-pessimism is a point already affirmed by afro-pessimism, is, in fact, one of the most polemical dimensions of afro-pessimism as a project: namely, that black life is not social, or rather that black life is lived in social death. Double emphasis, on lived and on death. That's the whole point of the enterprise at some level. It is all about the implications of this agreed upon point where arguments (should) begin, but they cannot (yet) proceed. Wilderson's is an analysis of the law in its operation as "police power and racial prerogative both under and after slavery" (Wagner 2009: 243). So too is Moten's analysis, at least that just-less-than-half of the intellectual labor committed to the object of black studies as critique of (the anti-blackness of) Western civilization. But Moten is just that much more interested in how black social life steals away or escapes from the law, how it frustrates the police power and, in so doing, calls that very policing into being in the first place. The policing of black freedom, then, is aimed less at its dreaded prospect, apocalyptic rhetoric notwithstanding, than at its irreducible precedence. The logical and ontological priority of the unorthodox self-predicating activity of blackness, the "improvisatory exteriority" or "improvisational immanence" that blackness is, renders the law dependent upon what it polices. This is not the noble agency of resistance. It is a reticence or reluctance that we might not know if it were not pushing back, so long as we know that this pushing back is really a pushing forward. So, in this perverse sense, black social death is black social life. The object of black studies is the aim of black studies. The most radical negation of the anti-black world is the most radical affirmation of a blackened world. Afro-pessimism is "not but nothing other than" black optimism. 24 - EntryDate
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... ... @@ -1,0 +1,21 @@ 1 +New terror regulations stop campus attacks but OSU attack prove rising risk of campus terror. Bernstein 11/29 2 +“Terror attack at Ohio State University prompts Senators to rethink 'extreme vetting,'” Leandra Bernstein, 11/29/16, KBOI2 (Associated Press). 3 +The violent attack at Ohio State University (OSU) on Monday, being investigated as an act of terror by a Somali refugee living legally in the United States, has led some in Congress to look favorably at the policies of the incoming Donald Trump administration, including the "extreme vetting" of individuals seeking entry to the country.¶ On Monday, an Ohio State student identified as Abdul Razak Ali Artan, drove his car into a group of people on the main campus in Columbus before attacking bystanders with a butcher knife. Artan was subdued by an Ohio State police officer who fatally shot him after he had injured 11 people.¶ As the event was unfolding on Monday, Trump issued a brief message of support to the students and faculty at OSU and first responders. As information about the apparently radicalized Somali-born suspect came in, it prompted many to reflect on Trump's campaign promises to strengthen the vetting of individuals coming to the country and also initiate a "total and complete shutdown of Muslims entering the United States." Prior to Trump's early campaign statement calling for an end to Muslim immigration to the United States (until U.S. representatives "can figure out what is going on"), Senator Rand Paul (R-Ky.) introduced a bill to officially pause the resettlement of refugees entering the United States from 33 terror-prone countries, including Somalia. The bill also proposed strengthening the system of background checks.¶ On Tuesday, Paul told Sinclair Broadcast Group, "I am still for putting a pause" on resettlement. He explained that the pause should relate to specific goals, including putting in place a better system to monitor individuals who come into the country as immigrants or on a U.S. visa.¶ Even though his proposal to block terrorists from taking advantage of the U.S. visa and immigration system was defeated back in December 2015, Paul now sees an opportunity to revisit the proposal under a new administration that is "more inclined" to enforce laws that prevent the abuse of immigration and visa laws.¶ "Trump talked about 'extreme vetting,' and I think there needs to be more significant vetting of those who want to come to our country," Paul insisted. "We need to get a better handle on this." Former Trump rival, Sen. Ted Cruz (R-Tex.) reacted to the the incident at Ohio State University, saying it is a reminder that the United States government "should not be letting people in this country who are security risks." Cruz noted that unlike the Obama administration, the incoming Trump administration is likely to work harder to prevent terrorists from entering the United States.¶ "I am optimistic that the new administration will put, as a far higher priority, keeping this country safe and protecting us against radical Islamic terrorism," Cruz said.¶ For Senate Homeland Security Committee chairman, Ron Johnson (R-Wis.), Trump's pledge to secure the border is even more important than implementing a stricter vetting process for refugees.¶ "I am far more concerned about Islamic terrorists potentially coming through our incredibly porous southern border" Johnson said. "Which is why I am completely supportive of President-elect Trump's commitment to secure the border."¶ With little information about the suspect in the Ohio State University attack, now is not the time prejudge the incident or make broad-reaching policy decisions, according to some lawmakers.¶ Only 24 hours after the attack, it is just too soon to jump to conclusions about the suspect, says Ohio Democrat, Sherrod Brown.¶ "These attacks are always a tragedy for our community," he stated. "I want to know more about this young man's journey to the U.S., and his background... before making a judgment," Brown added. For others, like Georgia Senator Johnny Isakson (R), now is also not the right time to be reactive or push major policy changes. Although Isakson supported previous legislative efforts to curb refugee resettlement from Syria and Iraq, he advised on Tuesday not to let one incident determine changes in existing policy. ¶ The OSU attack "certainly raises the question about Somali refugees," Isakson noted, but the overall policy towards refugees should be reexamined on "an ongoing basis," not just in response to particular events.¶ Law enforcement officials have indicated that they are still a long way from establishing Artan's motives in carrying out the Monday assault. According to media reports, prior to carrying out the attack, Artan posted an anti-American rant on Facebook, where he praised the U.S. citizen turned Islamist cleric, Anwar al-Awlaki, as a "hero," and referred to American officials' inability to stop "lone wolf attacks."¶ Law enforcement officials have not made any official findings connecting Artan to the Islamic State, but in a Tuesday internet posting, ISIS claimed the attacker was a "soldier" of the terrorist group. Earlier this month, ISIS issued instructions to its adherents abroad to carry out attacks using knives and cars. Preliminary reports indicate that Artan was born in Somalia and lived there until 2007, when he and his family resettled in Pakistan. Around 2014, the family arrived in the United States as refugees, staying in Dallas temporarily before relocating to Columbus, Ohio, a city with a sizable Somali community. Artan attended Columbus State Community College and graduated last spring before enrolling at OSU.¶ As the identity of the Ohio State attacker was revealed by state law enforcement officials, Ohio's openness to refugees, particularly of Somali origin, came under fire. Even though the states have little power to control refugee flows into their borders, many took to social media to blame Ohio Governor John Kasich, saying that the attack “is on you.” Though critical of the Obama administration's plan to accept additional Syrian refugees into the United States, Kasich has generally spoken favorably about integrating new citizens into his state. According to the Somali Association of Ohio, there are at least 38,000 Somali immigrants and refugees living in the Columbus metropolitan area, with an addition 200 immigrants expected to arrive monthly within the next four years.¶ Earlier this year, the Obama administration announced new targets for resettling refugees after settling 85,000 in FY 2016 and aiming for 110,000 in 2017. Obama's announcement followed on the heels of a heated reaction from the public and lawmakers to revelations that one of the suspects in the Nov. 2015 terrorist attacks in Paris has reportedly entered Europe as a refugee.¶ The Paris attack, which left 130 civilians dead, triggered U.S. officials to begin rethinking federal policies, it prompted changes in visa waiver laws, and a reconsideration of visa-free travel from Europe. It also led to dozens of state governors openly rejecting the resettlement of Syrian refugees in their states.¶ In a prescient testimony before the Senate Homeland Security Committee in 2015, national security analyst Peter Bergen warned that acts of violence perpetrated by homegrown extremists posted "a more immediate challenge" than the threat of foreign terrorists. He warned that the "more likely threat" to the United States came from individuals inspired by ISIS or other militant groups, and who may never even come into direct contact with these groups.¶ The threat of homegrown extremism prompted Obama's Department of Homeland Security to work on a new phase of domestic counter-terrorism efforts. In 2016, DHS stood up a number of community engagement programs, designed to work with members of at-risk communities, including American-Muslim communities, to identify and redirect potential lone wolf attackers, or individuals who could be heading down the path of radicalization. 4 +FS zones k2 prevent campus terrorist attacks – it allows law enforcement to defend and prevent better. Zeiner 05 5 +Zoned Out! Examining Campus Speech Zones, Carol L. Zeiner (Assistant Professor of Law, St. Thomas University School of Law, Miami Gardens, Florida; former College Attorney for Miami-Dade Community College (now Miami-Dade College)), Louisiana Law Review (Volume 66, No. 1), Fall 2005. 6 +Unfortunately, the possibility of terrorist acts must be¶ considered as well as more general concerns under the heading of¶ campus safety and security. As pointed out in Part II.D,27 there¶ are risks posed by international and domestic terrorist groups.278¶ Obviously, large gatherings constitute a particularly attractive¶ target for terrorists, although any site on a university campus might¶ be considered attractive by those bent on attacking the American¶ way of life. On the one hand, this would seem to suggest that¶ campus speech zones enable terrorists to know which areas of¶ campus might be likely targets and suggests that campus speech¶ zones should be eliminated so that free speech events could occur¶ spontaneously anywhere on campus, and terrorists would not have¶ time to plan an attack. However, it does not take much advance¶ planning to carry a weapons-laden knapsack into a crowd. Thus,¶ perhaps it is more important for security personnel to have the¶ benefit of advance planning. Moreover, security features could be¶ designed into the physical characteristics of designated speech¶ zones more practically than could be accomplished if large¶ gatherings for speech activities could occur anywhere on campus.¶ 7 + 8 +Campus terror sends an ideological message globally – it encourages more terror and threatens education. Flanagin 15 9 +“Why terrorists target schools and universities,” Jake Flanagin, 04/02/2015, The Quartz. 10 +One reason that “terrorist organizations might choose to target educational institutions is that schools and school children act as powerful symbolic targets,” wrote Emma Bradford and Margaret A. Wilson, forensic psychologists at the University of Liverpool, in a 2013 analysis for the Journal of Police and Criminal Psychology. “Attacks on these targets evoke a strong emotional response.”¶ “Schools and other educational institutions represent ‘soft targets,’” they added. “A soft target is a relatively unguarded site where people congregate, normally in large numbers, thus offering the potential for mass casualties.” But practicalities aside, there are also specific, political and cultural reasons a terrorist cell might target a school or university. And this is where such acts diverge from the usual modes of modern terror.¶ Though bombing public transport takes months, if not years of intensive planning, it is intended to make the act appear random—anyone could become a victim by passing through at the wrong time. The terrifying power of this particular terror tactic is, after all, its unpredictability. An ideological message is usually announced in the aftermath.¶ Attacking schools, however, is predictable because the act is the message. Terrorists who attack schools intend to deplete the number of institutions disseminating philosophies ostensibly contradictory to their worldview; “Boko Haram,” roughly translated from the Hausa language means “Western education is forbidden.”¶ “They’re attacking what they see as the institutions of culture, and in particular the institutions of Western culture,” Ebrahim Moosa, professor of Islamic studies at the University of Notre Dame, told The Christian Science Monitor following the attacks in Peshawar. “They see that the process of Westernization begins at school, so schools that violate strict Islamic education become targets.”¶ It’s not difficult to see why Garissa was targeted. Kenyan schools consistently rank toward the best in the region, and the overall Kenyan population demonstrates one of the highest literacy rates on the continent. It is also a highly diverse place, with regards to religion and ethnicity, not unlike many African countries occupying the borderlands between Muslim-dominated North Africa and the Christian-dominated south. Consequently, Kenyan schools and universities are well-positioned for the maximal exchange of cultures, politics, and ideas—a concept that stands in direct opposition to the rigid ideologies of groups like al-Shabab.¶ Al-Shabab has a history of interfering in local education. In areas of Somalia under the group’s control, once co-ed schools have been gender segregated, with the majority of girls being intimidated against enrolling, if not forcibly removed from schools all together. Whole classes of boys have been pulled out of schools and conscripted into its ranks.¶ In an audio message released following the attack at Garissa, Ali Mohamoud Raghe, a spokesperson for al-Shabab, said, “the university had been targeted because it was educating many Christian students in ‘a Muslim land under colony,’” according to The New York Times, “a reference to the large ethnic Somali population in a part of Kenya that Somalia once tried to claim. He called the university part of Kenya’s ‘plan to spread their Christianity and infidelity.’” Which makes al-Shabab’s objective crystal-clear, and all too familiar: to wipe out a generation of ideological non-adherents. 11 + 12 +Turns and outweighs case: terrorism reinscribes neoliberalism and militarism into education due to fear and backlash. Di Leo et al 14 13 +This excerpt from the chapter titled, "Twelve Theses on Education's Future in the Age of Neoliberalism and Terrorism," is taken from the book, Neoliberalism, Education, Terrorism: Contemporary Dialogues, by Jeffrey R. Di Leo, Henry A. Giroux, Kenneth J. Saltman and Sophia A. McClennen 14 +1. Neoliberalism is one of the greatest threats to the future of progressive education in the United States.¶ The goal of neoliberal education policies is not to improve education, but rather to increase the profits of private corporations. Profit-driven models for education directly contrast the goals of progressive educators. The goal of progressive education is to educate students to be productive participants in democratic culture and to engage actively in critical citizenship. Such goals are not supported by neoliberal educational policy mainstays such as teaching to the test and standardized testing. Because neoliberal education policy tends to be data-driven it works against the development of a student's ability to think critically, thereby undermining the formative culture and values necessary for a democratic society. As long as the United States continues to view educational policy and practice through the lens of market-based values, there is little hope that progressive education, with its aim of educating students for critical citizenship and social and economic justice, will survive.¶ 2. The war on terror and the discourse on terrorism have intensified the militarization of education.¶ The military–industrial complex should not be the driving force of education in the United States. However, the reaction to the tragic attacks of September 11, 2001, has become yet another excuse to allow the military-academic complex to drive United States educational policies, practices, and funding. Not only has funding been diverted from public education to support the war on terror, but there has also been a push to understand America and the world in a way that supports American imperial ambitions. The militarization of education encourages the rationalization of state-sanctioned violence as a social and political value and supports educational practices that validate this violence. The celebration of war as a sign of power and knowledge by the military-industrial complex obliterates the democratic values of equality, public debate of political problems, and respect for diversity. The militarized society eschews reasoned political resolutions to public problems in favor of eradication of the designated enemy/other. Hence, the war on terror is a war on democracy, difference, and thinking. Critical citizenship and democratic culture as the major goals of education cannot survive in a culture dominated by extreme fear and a war waged against an emotion, namely, terror. 15 +False claims of responsibility cause cyber terrorism to escalate into nuclear war. Fritz 09. 16 +Jason Fritz, (Bond University IR Masters) , “Hacking Nuclear Command and Control”, July 2009http://www.icnnd.org/latest/research/Jason_Fritz_Hacking_NC2.pdf// 17 +This paper will analyse the threat of cyber terrorism in regard to nuclear weapons. Specifically, this research will use open source knowledge to identify the structure of nuclear command and control centres, how those structures might be compromised through computer network operations, and how doing so would fit within established cyber terrorists’ capabilities, strategies, and tactics. If access to command and control centres is obtained, terrorists could fake or actually cause one nuclear-armed state to attack another, thus provoking a nuclear response from another nuclear power. This may be an easier alternative for terrorist groups than building or acquiring a nuclear weapon or dirty bomb themselves. This would also act as a force equaliser, and provide terrorists with the asymmetric benefits of high speed, removal of geographical distance, and a relatively low cost. Continuing difficulties in developing computer tracking technologies which could trace the identity of intruders, and difficulties in establishing an internationally agreed upon legal framework to guide responses to computer network operations, point towards an inherent weakness in using computer networks to manage nuclear weaponry. This is particularly relevant to reducing the hair trigger posture of existing nuclear arsenals. All computers which are connected to the internet are susceptible to infiltration and remote control. Computers which operate on a closed network may also be compromised by various hacker methods, such as privilege escalation, roaming notebooks, wireless access points, embedded exploits in software and hardware, and maintenance entry points. For example, e-mail spoofing targeted at individuals who have access to a closed network, could lead to the installation of a virus on an open network. This virus could then be carelessly transported on removable data storage between the open and closed network. Information found on the internet may also reveal how to access these closed networks directly. Efforts by militaries to place increasing reliance on computer networks, including experimental technology such as autonomous systems, and their desire to have multiple launch options, such as nuclear triad capability, enables multiple entry points for terrorists. For example, if a terrestrial command centre is impenetrable, perhaps isolating one nuclear armed submarine would prove an easier task. There is evidence to suggest multiple attempts have been made by hackers to compromise the extremely low radio frequency once used by the US Navy to send nuclear launch approval to submerged submarines. Additionally, the alleged Soviet system known as Perimetr was designed to automatically launch nuclear weapons if it was unable to establish communications with Soviet leadership. This was intended as a retaliatory response in the event that nuclear weapons had decapitated Soviet leadership; however it did not account for the possibility of cyber terrorists blocking communications through computer network operations in an attempt to engage the system. Should a warhead be launched, damage could be further enhanced through additional computer network operations. By using proxies, multi-layered attacks could be engineered. Terrorists could remotely commandeer computers in China and use them to launch a US nuclear attack against Russia. Thus Russia would believe it was under attack from the US and the US would believe China was responsible. Further, emergency response communications could be disrupted, transportation could be shut down, and disinformation, such as misdirection, could be planted, thereby hindering the disaster relief effort and maximizing destruction. Disruptions in communication and the use of disinformation could also be used to provoke uninformed responses. For example, a nuclear strike between India and Pakistan could be coordinated with Distributed Denial of Service attacks against key networks, so they would have further difficulty in identifying what happened and be forced to respond quickly. Terrorists could also knock out communications between these states so they cannot discuss the situation. Alternatively, amidst the confusion of a traditional large-scale terrorist attack, claims of responsibility and declarations of war could be falsified in an attempt to instigate a hasty military response. These false claims could be posted directly on Presidential, military, and government websites. E-mails could also be sent to the media and foreign governments using the IP addresses and e-mail accounts of government officials. A sophisticated and all encompassing combination of traditional terrorism and cyber terrorism could be enough to launch nuclear weapons on its own, without the need for compromising command and control centres directly. 18 + 19 +Cyber terrorism would destroy the economy, cause food shortages, and extinction. Guterl 12. 20 +Guterl, (executive editor) – Scientific American, 11/28/’12. 21 +(Fred, “Armageddon 2.0,” Bulletin of the Atomic Scientists) The world lived for half a century with the constant specter of nuclear war and its potentially devastating consequences. The end of the Cold War took the potency out of this Armageddon scenario, yet the existential dangers have only multiplied. Today the technologies that pose some of the biggest problems are not so much military as commercial. They come from biology, energy production, and the information sciences ~-~- and are the very technologies that have fueled our prodigious growth as a species. They are far more seductive than nuclear weapons, and more difficult to extricate ourselves from. The technologies we worry about today form the basis of our global civilization and are essential to our survival. The mistake many of us make about the darker aspects of our high-tech civilization is in thinking that we have plenty of time to address them. We may, if we're lucky. But it's more likely that we have less time than we think. There may be a limited window of opportunity for preventing catastrophes such as pandemics, runaway climate change, and cyber attacks on national power grids. Emerging diseases. The influenza pandemic of 2009 is a case in point. Because of rising prosperity and travel, the world has grown more conducive to a destructive flu virus in recent years, many public health officials believe. Most people probably remember 2009 as a time when health officials overreacted. But in truth, the 2009 virus came from nowhere, and by the time it reached the radar screens of health officials, it was already well on its way to spreading far and wide. "H1N1 caught us all with our pants down," says flu expert Robert G. Webster of St. Jude Children's Research Hospital in Memphis, Tennessee. Before it became apparent that the virus was a mild one, health officials must have felt as if they were staring into the abyss. If the virus had been as deadly as, say, the 1918 flu virus or some more recent strains of bird flu, the result would have rivaled what the planners of the 1950s expected from a nuclear war. It would have been a "total disaster," Webster says. "You wouldn't get the gasoline for your car, you wouldn't get the electricity for your power, you wouldn't get the medicines you need. Society as we know it would fall apart." Climate change. Climate is another potentially urgent risk. It's easy to think about greenhouse gases as a long-term problem, but the current rate of change in the Arctic has alarmed more and more scientists in recent years. Tim Lenton, a climate scientist at the University of Exeter in England, has looked at climate from the standpoint of tipping points ~-~- sudden changes that are not reflected in current climate models. We may already have reached a tipping point ~-~- a transition to a new state in which the Arctic is ice-free during the summer months. Perhaps the most alarming of Lenton's tipping points is the Indian summer monsoon. Smoke from household fires, and soot from automobiles and buses in crowded cities, rises into the atmosphere and drifts out over the Indian Ocean, changing the atmospheric dynamics upon which the monsoon depends ~-~- keeping much of the sun's energy from reaching the surface, and lessening the power of storms. At the same time, the buildup of greenhouse gases ~-~- emitted mainly from developed countries in the northern hemisphere ~-~- has a very different effect on the Indian summer monsoon: It makes it stronger. These two opposite influences make the fate of the monsoon difficult to predict and subject to instability. A small influence ~-~- a bit more carbon dioxide in the atmosphere, and a bit more brown haze ~-~- could have an outsize effect. The Indian monsoon, Lenton believes, could be teetering on a knife's edge, ready to change abruptly in ways that are hard to predict. What happens then? More than a billion people depend on the monsoon's rains. Other tipping points may be in play, says Lenton. The West African monsoon is potentially near a tipping point. So are Greenland's glaciers, which hold enough water to raise sea levels by more than 20 feet; and the West Antarctic Ice Sheet, which has enough ice to raise sea levels by at least 10 feet. Regional tipping points could hasten the ill effects of climate change more quickly than currently projected by the Intergovernmental Panel on Climate Change. Computer hacking. The computer industry has already made it possible for computers to handle a variety of tasks without human intervention. Autonomous computers, using techniques formerly known as artificial intelligence, have begun to exert control in virtually every sphere of our lives. Cars, for instance, can now take action to avoid collisions. To do this, a car has to make decisions: When does it take control? How much braking power should be applied, and to which wheels? And when should the car allow its reflex-challenged driver to regain control? Cars that drive themselves, currently being field tested, could hit dealer showrooms in a few years. Autonomous computers can make our lives easier and safer, but they can also make them more dangerous. A case in point is Stuxnet, the computer worm designed by the US and Israel to attack Iran's nuclear fuel program. It is a watershed in the brief history of malware ~-~- the Jason Bourne of computer code, designed for maximum autonomy and effectiveness. Stuxnet's creators gave their program the best training possible: they stocked it with detailed technical knowledge that would come in handy for whatever situation Stuxnet could conceivably encounter. Although the software included rendezvous procedures and communication codes for reporting back to headquarters, Stuxnet was built to survive and carry out its mission even if it found itself cut off. The uranium centrifuges that Stuxnet attacked are very similar in principle to the generators that power the US electrical grid. Both are monitored and controlled by programmable-logic computer chips. Stuxnet cleverly caused the uranium centrifuges to throw themselves off-balance, inflicting enough damage to set the Iranian nuclear industry back by 18 months or more. A similar piece of malware installed on the computers that control the generators at the base of the Grand Coulee Dam would likewise cause them to shake, rattle, and roll ~-~- and eventually explode. If Stuxnet-like malware were to insinuate itself into a few hundred power generators in the United States and attack them all at once, the damage would be enough to cause blackouts on the East and West Coasts. With such widespread destruction, it could take many months to restore power to the grid. It seems incredible that this should be so, but the worldwide capacity to manufacture generator parts is limited. Generators generally last 30 years, sometimes 50, so normally there's little need for replacements. The main demand for generators is in China, India, and other parts of rapidly developing Asia. That's where the manufacturers are ~-~- not in the United States. Even if the United States, in crisis mode, put full diplomatic pressure on supplier nations ~-~- or launched a military invasion to take over manufacturing facilities ~-~- the capacity to ramp up production would be severely limited. Worldwide production currently amounts to only a few hundred generators per year. The consequences of going without power for months, across a large swath of the United States, would be devastating. Backup electrical generators in hospitals and other vulnerable facilities would have to rely on fuel that would be in high demand. Diabetics would go without their insulin; heart attack victims would not have their defibrillators; and sick people would have no place to go. Businesses would run out of inventory and extra capacity. Grocery stores would run out of food, and deliveries of all sorts would virtually cease (no gasoline for trucks and airplanes, trains would be down). As we saw with the blackouts caused by Hurricane Sandy, gas stations couldn't pump gas from their tanks, and fuel-carrying trucks wouldn't be able to fill up at refueling stations. Without power, the economy would virtually cease, and if power failed over a large enough portion of the country, simply trucking in supplies from elsewhere would not be adequate to cover the needs of hundreds of millions of people. People would start to die by the thousands, then by the tens of thousands, and eventually the millions. The loss of the power grid would put nuclear plants on backup, but how many of those systems would fail, causing meltdowns, as we saw at Fukushima? The loss in human life would quickly reach, and perhaps exceed, After eight to 10 days, about 72 percent of all economic activity, as measured by GDP, would shut down, according to an analysis by Scott Borg, a cybersecurity expert. - EntryDate
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... ... @@ -1,0 +1,17 @@ 1 +Public Universities and colleges should establish restrictions on hate when it is targeting a historically oppressed group. They will remove all other restrictions on protected free speech. Byrne 91 2 + 3 +Byrne, J. Peter. Associate Professor, Georgetown University Law Center. "Racial Insults and Free Speech Within the University." Geo. LJ 79 (1990): 399. 4 + 5 +This article examines the constitutionality of university prohibitions of¶ public expression that insults members of the academic community by directing¶ hatred or contempt toward them on account of their race. I Several¶ thoughtful scholars have examined generally whether the government can¶ penalize citizens for racist slurs under the first amendment, but to the limited¶ extent that they have discussed university disciplinary codes they have assumed¶ that the state university is merely a government instrumentality subject¶ to the same constitutional limitations as, for example, the legislature or¶ the police. 2 In contrast, I argue that the university has a fundamentally dif ferent relationship to the speech of its members than does the state to the speech of its citizens. On campus, general rights of free speech should be qualified by the intellectual values of academic discourse. I conclude that the protection of these academic values, which themselves enjoy constitutional protection, permits state universities lawfully to bar racially abusive speech, even if the state legislature could not constitutionally prohibit such speech throughout society at large. At the same time, however, I assert that the first amendment renders state universities powerless to punish speakers for advocating any idea in a reasoned manner. It is necessary at the outset to choose a working definition of a racial insult. This definition, however, is necessarily provisional; any such definition implies the writer's views on the boundaries of constitutionally protected offensive speech, and the reader cannot be expected to swallow the definition until she has had the opportunity to inspect the writer's constitutional premises. Having offered such a caution, I define a racial insult as a verbal or symbolic expression by a member of one ethnic group that describes another ethnic group or an individual member of another group in terms conventionally derogatory, that offends members of the target group, and that a reasonable and unbiased observer, who understands the meaning of the words and the context of their use, would conclude was purposefully or recklessly abusive. Excluded from this definition are expressions that convey rational but offensive propositions that can be disputed by argument and evidence. An insult, so conceived, refers to a manner of speech that seeks to demean rather than to criticize, and to appeal to irrational fears and prejudices rather than to respect for others and informed judgment. 3 6 + 7 +The counterplan establishes checks on reverse enforcement, chilling effect, and slippery slope. 8 + 9 +Byrne, J. Peter. Associate Professor, Georgetown University Law Center. "Racial Insults and Free Speech Within the University." Geo. LJ 79 (1990): 399. 10 + 11 +Disciplinary rules are the least effective way that a university can enhance¶ the quality of speech or foster racial tolerance among its members. The educational¶ program must celebrate and instruct its students in the beauty and¶ usefulness of graceful and accurate speech and writing; a liberal education¶ should leave students intolerant of propaganda and commercial manipulation,¶ and competent to directly and forcefully express coherent views as citizens.¶ Such teaching is not amoral; the graduate ought freely to prefer the¶ exercise of skill, reflective perception, and an abiding curiosity to desires for acquisition, consumption, and domination. Without the university's consistent¶ action on a commitment to reasoned discourse as central to its mission,¶ the university's attempt to prohibit insulting or lewd speech may seem a hypocritical¶ denial of its own failings.¶ Similarly, prohibiting racial insults will advance racial harmony on a campus¶ only when the university has effectively committed itself to educate lovingly¶ the members of every ethnic group. Although nearly every university¶ admits minority students using criteria that aspire in good faith to be fair,¶ many have failed to transform themselves into truly multi-ethnic institutions.¶ Not to have succeeded at this daunting task does not merit reproach; the¶ university's origins and traditions are explicitly European, growth and accommodation¶ to the extent required to create a multi-ethnic community¶ must take time and witness false steps. However, not to have made plain¶ that blacks, hispanics, Asians, Indians, and others who have been excluded in¶ the past are not only now welcome, but are requested to collaborate in shaping¶ new university structures and mores so that the benefits of advanced education¶ will be available without regard to birth and so that the university can¶ continue to spawn for a changing society a cosmopolitan culture based on¶ reason and reflection standing above tribal fears and blind desires, not to¶ have begun this work in earnest merits regret and will provoke anger. Universities¶ that pass rules against racial insults which are not part of a comprehensive¶ commitment to ethnic integration will serve only to exacerbate racial¶ tensions.¶ Schools that adopt prohibitions on racially offensive speech ought to enforce¶ them with restraint. Certainly, when students have sought to intimidate¶ or frighten other students with racial insults, the school should treat this¶ behavior as a fundamental breach of university standards meriting the¶ strongest punitive measures. But often insulting expressions will result from¶ insensitivity or ignorance; complaints about such behavior should be seen as¶ opportunities for teaching, and creative informal measures that make the offenders¶ aware of the harmful consequences and injustice of their behavior¶ should be pursued. The school should also provide succor to the victim¶ whose hurt and anger must be acknowledged and meliorated. But severely¶ punishing ignorant young people for expressions inherited from their parents¶ or neighborhoods may serve to harden. and focus their sense of grievance,¶ create martyrs, and prolong racial animosity. Deans who administer such¶ rules must overcome their personal repugnance at racist speech and enforce¶ the rules for the benefit of the entire community. Controversial interpretative¶ application of the rules should be placed in the hands of faculty and¶ students representative of the entire institution, and the accused, the victim,¶ and the dean should have an opportunity to express their perspectives.¶ A recurrent concern regarding rules against racial insults is their vague-ness and overbreadth. These, of course, were the bases upon which the University¶ of Michigan's policy was declared unconstitutional, although the¶ demonstrated propensity of the school to apply the policy to presumptively¶ protected speech appears to have steered the Court's conclusions on these¶ issues.17 6 In general, university disciplinary rules rarely are struck down for¶ vagueness; courts usually permit universities to regulate student conduct on¶ the basis of generally stated norms, so long as they give fair notice of the¶ behavior proscribed. 177 Courts generally are more strict regarding vagueness¶ in rules that affect speech, in no small part because of the distrust of the¶ competence and motives of the government censor.178¶ A central argument of this article has been that the university can be¶ trusted to administer rules prohibiting racial insults because it has the proper¶ moral basis and adequate expertise to do so. It is not surprising, therefore,¶ that I believe that vagueness concerns about such university rules are largely¶ misplaced. This is not to deny that a university should adopt safeguards to¶ protect accused students from the concerns that the courts have highlighted.¶ First, the rules should state explicitly that no one may be disciplined for the¶ good faith statement of any proposition susceptible to reasoned response, no¶ matter how offensive. The possibility that punishment is precluded by this¶ limitation should be addressed at every stage of the disciplinary process. Second,¶ some response between punishment and acquittal should be available¶ when the university concludes that the speaker was subjectively unaware of¶ the offensive character of his speech; these cases seem to present mainly educational¶ concerns. Third, all controversial issues of interpretation of the¶ rules should be entrusted to a panel of faculty and students who are representative¶ of the institution. Rules furthering primarily academic concerns about¶ the quality of speech and the development of students should be given meaning¶ by those most directly concerned with the academic enterprise rather¶ than by administrators who may register more precisely external political¶ pressures on the university. Given these safeguards and a comprehensible¶ definition of an unacceptable insult, such as the one ventured in the introduction¶ to this article,179 a court which accepts the underlying proposition that a¶ university has the constitutional authority to regulate racial insults should¶ not be troubled independently by vagueness.¶ A difficult prudential consideration is whether a university should decline¶ to regulate insults because of public criticism that censorship demeans the very intellectual virtues towards which the university strives, such as the superiority¶ of persuasion over compulsion. Obviously, the adoption of such¶ regulation has brought forth sincere and bitter criticism from many friends of¶ higher education-the Economist, for example, went so far as to call such¶ regulations "disgraceful."'' 80 To some extent these criticisms stem from misunderstanding¶ about the character of academic speech and the goals of¶ prohibitions on racial insult, but universities should admit that turning to¶ regulation marks a sad failure in civility. A failure already has occurred,¶ however, when students scurrilously demean other students because of their¶ race. The university at this point can only choose among evils. It would not¶ be true to its traditions if it did not come down on the side of protecting the¶ educational environment for blameless students against wanton and hurtful¶ ranting. 12 +Hate speech degrades minorities, locking in the squo and ensuring their failure. Delgado 2k 13 +Richard Delgado - Charles Inglis Thomson Professor of Law, University of Colorado. J.D., U. California-Berkeley, 1974. “TOWARD A LEGAL REALIST VIEW OF THE FIRST AMENDMENT.” Harvard Law Review. January 2000. JJN 14 +B. Hate Speech as a Concerted Harm Another realist observation concerns what some call the “social construction of reality” thesis. FN39 Hate speech never occurs in isolation; it picks as its target individuals who have been exposed to racist hate speech before and are likely to experience its sting again in the future. *788 Like salt rubbed into a wound, hate speech digs at its victims' sensibilities, reminding them that they are different and that the source of that difference causes others to regard them as beneath the speaker in standing and human worth. FN40 Like water dripping on stone, hate speech harms by virtue of its incessancy~-~-victims hear it again and again throughout their entire lives. FN41 The messages conveyed in hate speech sink in, so that over time the victims of those damaging messages begin to doubt their self-worth. This aspect of hate speech is what proponents of regulation have in mind when they write that hate speech contributes to a social order that falls far short of our national ideals. FN42 But these messages also alter the environment for individuals of the majority race, including those who aspire to be nonracist and would never utter hate speech themselves. They hear others doing so and see images of minorities in demeaning or limited roles on television, in the movies, and in newspapers. FN43 Who would blame them if, after time, they began secretly to wonder whether the prevailing stereotypes of persons of color did not have a small grain of truth to them? And, an insidious form of reinforcement known as “stereotype threat” validates those suspicions, as test-takers from groups subject to demeaning stereotypes perform poorly precisely because they fear that their performance will confirm the stereotype. FN44 Claude Steele and a co-investigator coined this term when they found that black test-takers who were told that a fairly difficult paper-and-pencil test would measure their cognitive ability performed poorly compared to a control *789 group whose members were told that the test was aimed only at helping researchers to understand problem-solving behavior. FN45 Media and other messages broadcasting the inferiority of minorities may be a prime means of perpetuating stereotype threat. These broader consequences of hate speech can easily escape scholars. Seeing the harm of hate speech as affecting dignity only, they end up weighing short-term, individual consequences~-~-wounded feelings~-~-against the broad, systemic benefits that we derive as a society from our system of free expression. FN46 Even Shiffrin succumbs to this temptation at times, yet how fair is it to frame the problem in these terms? Suppose that a supporter of hate speech regulation urged that the legal system weigh the speaker's “momentary discomfort” in reining in his or her thoughts against the massive gains that society reaps from enforcing antidiscrimination norms. A realist approach would regard both individual and social costs and benefits as duly weighing in the balance. It would deal with both the effects of hate speech on the life of a single individual as well as its impact across large groups. 15 +And hate speech primes society for genocide – multiple empirical examples prove. Tsesis 09 16 +Tsesis, Alexander Loyola University Chicago School of Law. "Dignity and speech: The regulation of hate speech in a democracy." (2009). 17 +Permitting persons or organizations to spread ideology touting a¶ system of discriminatory laws or enlisting vigilante group violence¶ erodes democracy. So it was in the Weimar Republic, where the¶ repeated anti-Semitic propaganda of vulgar ideologues like Julius¶ Streicher, who published perverse attacks against Jews in Der¶ Stiirmer, chipped away at the post-World War I German democratic¶ experiment.6¶ ' Avowedly influenced by nineteenth century antiSemitism,¶ his weekly stories of Jewish ritual murder and sexual¶ exploitation were a crude way of antagonizing the victims and¶ gaining support for widespread prejudice against Jews." It is truly¶ eerie, now, looking at photographs relating the effectiveness of Nazi¶ propaganda: respectable looking adults in suits and dresses¶ listening to long lectures on Jewish inferiority; children, barely able¶ to stand on their two feet, raising their right arm in a Nazi salute.¶ Nazi propaganda incorporated numerous well-known¶ nineteenth century slogans. To take one example, Streicher, who¶ was later sentenced to death by the Nuremberg War Crimes¶ Tribunal, 64 used an inflammatory slogan, "The Jews are our misfortune!" on his newspaper masthead.and At one point over¶ 130,000 copies of his publication were sold and displayed on public¶ message boards throughout the country.66 The phrase also became¶ prominently featured on posters throughout the Third Reich.67¶ This slogan was taken verbatim from an 1879 article by¶ Professor Heinrich von Treitschke, arguably the greatest German¶ historian of the nineteenth century.68 Its visibility in pre-World War¶ II German society helped legitimize anti-Semitism there in¶ intellectual circles.69¶ A gradual process of incitement also occurred elsewhere. In¶ many American colonies, authors and legal institutions had been¶ degrading blacks since the seventeenth century.70 By national¶ independence, in 1776, the colonies of South Carolina and Georgia¶ had long-standing commitments to retaining slavery despite the oftrepeated¶ mantra of universal natural rights. In 1787, those two states refused to endorse the proposed Constitution without¶ provisions protecting that undemocratic institution."72¶ Senator John Calhoun, Congressman Henry Wise, and other¶ powerful racist orators misled the public about the supposedly¶ benevolent slave owner, feeding his slaves and treating them like¶ his own children. 3 The repeated inculcation of supremacism proved¶ effective in misrepresenting blacks as moveable property.¶ Abolitionists like Theodore Weld, Angelina and Sarah Grimk6,¶ Frederick Douglass, and William Lloyd Garrison were unable to win¶ over the country to their abolitionist views.74 To the contrary,¶ proslavery thought monopolized the Southern marketplace of¶ ideas.' Slavery came to an end after a bloody Civil War, not¶ through articulate or even heated debate.6¶ Because intimidating hate speech has so often inflamed¶ dangerous attitudes, the value of such expression should be¶ balanced against the likelihood that it will cause harm. The risks¶ are greater when hate propaganda incorporates symbolism, like¶ swastikas, that demagogues have historically displayed to rally¶ supporters to action. Robert Post is undoubtedly correct that speech¶ is valuable because it provides a breeding ground for "collective selfdetermination."7¶ 7 The more difficult question is how self-expression¶ should be treated when it conflicts with the safety of its target.¶ As much as self-expression is fundamental to democratic¶ institutions, it can, nevertheless, be balanced against the social¶ interest in safeguarding a pluralistic culture by preventing the¶ instigation of demagogic threats. Placing no limits on speech-not¶ even on expressions blatantly intended to make life miserable for¶ minorities-preserves the rights of speakers at the expense of¶ targeted groups. Defamation statutes, zoning regulations, and¶ obscenity laws indicate that the freedom of speech is not shielded¶ where it undermines other individuals' legitimate interests. 7 Hate speech regulation undoubtedly inhibits some opportunities for selfexpression;¶ more importantly, it prevents instigative communication¶ from undermining its targets' ability to live unaccosted by¶ harassment.¶ In the many historic examples when destructive messages¶ proved to be effective in instigating violence, they caused enormous¶ social turmoil. Just like shouting "fire" in a crowded movie theater,¶ which can be prohibited without violating the First Amendment,79¶ hate speech can cause a stampede. Take Spain, for instance, which¶ expelled its Jewish population in 1492.80 The expulsion came after¶ years of Inquisition propaganda and hurt both the exiled Jews and¶ the remaining Spanish population. 1 Teachings by zealous¶ preachers like Vincent Ferrer, a later-canonized Dominican monk,¶ in the late fifteenth century brought on a nationwide anti-Jewish¶ hysteria that opposed the free practice of Judaism while decrying¶ overt violence.82 Pursuant to his instigation, a Castilian decree¶ discriminated against Jews in employment, dress, and criminal¶ punishments.83 Historian Heinrich Graetz explained the connection¶ between anti-Jewish preaching and draconian edicts: the populace¶ was "inflamed by the passionate eloquence of the preacher and¶ emphasized his teaching by violent assaults on the Jews." 4 Another¶ historian explained that:¶ For centuries, Christians had been encouraged to hate the¶ Jews. With preachers telling them, Sunday after Sunday, that¶ Jews were perverted and guilty of complicity in the death of¶ Christ, the faithful ended up by detesting them with a hatred 815 that was bound one day to express itself in violence .¶ Once unleashed, the expulsion of Jews from Spain followed¶ naturally from the verbal spread of hatred during the Inquisition.8 6¶ The economic consequences were grave. Many commercial enterprises in Seville and Barcelona, for instance, were ruined .¶ "Spain lost an incalculable treasure by the exodus of Jewish...¶ merchants, craftsmen, scholars, physicians, and scientists," wrote¶ the encyclopedic Will Durant, "and the nations that received them¶ benefitted economically and intellectually."88 Anti-Jewish preaching¶ in parts of Spain influenced a wide social segment of the population,¶ and the result was devastating both for the Jews who fled and for¶ the country that renounced them on dogmatic grounds. Elsewhere¶ in the ancient world, as historian Ben Kiernan has compellingly¶ documented, periodic mass massacres perpetrated against segments¶ of the native populations in Ireland, North and South America, and¶ Australia were likewise influenced by widely disseminated¶ dehumanizing statements. 9¶ The spread of ethnic and racial hatred continues to elicit¶ violence throughout the modern world. The dissemination of¶ ethnically incitable messages has precipitated tribal clashes in¶ Kenya.90 In Rwanda, ethnic stereotyping and repeated media calls¶ for the extermination of Tutsi led to a massive genocide perpetrated¶ against that group.9¶ '¶ Arab racial hate propaganda in the Sudan has catalyzed a¶ government-sponsored attempt to "cleanse" black Africans in¶ Darfur, Sudan." Likewise, in the Democratic Republic of the Congo¶ the government has relied on the incitement of ethnic hatred,¶ creating a culture where ethnic murder is a routine militia¶ practice. In the Arab world, terror organizations like Hamas and¶ Hizballah spread hatred against Jews without any interference from several governments, including Egypt, Syria, Lebanon, and Saudi¶ Arabia. 94 School texts that are "written and produced by Saudi¶ government" teach children to kill Jews and to hate Christians and¶ Jews.95¶ Hate propaganda in these countries is far more virulent than it¶ is in the United States; nevertheless, a democracy committed to the¶ protection of individual rights does not run afoul of free speech¶ principles by criminalizing group incitement that has so globally¶ proven to influence harmful social movements.¶ A First Amendment theory, as the Supreme Court made clear in¶ Virginia v. Black, must examine whether there are historical¶ reasons to believe that offensive expression against an identifiable¶ group is likely to intimidate reasonable audiences. Robert Post's¶ argument about the undemocratic nature of hate speech regulation¶ regards "the function of public discourse" to be the reconciliation of¶ "the will of individuals with the general will. Public discourse is¶ thus ultimately grounded upon a respect for individuals seen as 'free¶ and equal persons."'97 He emphasizes democracy's central obligation¶ to protect private "autonomous wills."9" His insightful¶ characterization, however, captures only part of the raison d'etre of¶ democracy; on a more community-oriented level, that system of¶ governance serves to protect the overall well-being of the polity¶ against the wanton call for discriminatory conduct or violence. And¶ Black explicitly sanctions states' use of historical records to identify¶ symbolism that is likely to terrorize the populace and, therefore,¶ detract from the common good.99 This development in First¶ Amendment jurisprudence indicates that there is more to democracy¶ than self-determination.¶ Post's most recent statement on hate speech does not address¶ Black, even though the chapter was written after the Court¶ rendered its decision. 100 He connects the expression of hate to¶ "'extreme' intolerance and 'extreme' dislike."' °¶ ' This description,¶ while correct, does not account for the connection between hate¶ speech and extreme conduct. While the Constitution does not¶ authorize laws against negative emotions, speech that is¶ substantially likely to cause discriminatory harm, especially violence, can be regulated without infringing on the fundamental¶ principles of democracy. - EntryDate
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... ... @@ -1,0 +1,23 @@ 1 +Federal government funding is continuing to grow – there has been a steady increase over 15 years Camera, MA, 16 2 +Lauren Camera, Education Reporter, 1-14-2016, "Federal Education Funding: Where Does the Money Go?," US News and World Report, http://www.usnews.com/news/blogs/data-mine/2016/01/14/federal-education-funding-where-does-the-money-go VC 3 +Government spending on education has surged over the last decade and a half, with money being funneled to federal programs for low-income students, students with disabilities and a slate of competitions that the Obama administration launched through the economic stimulus package. Since 2002, federal funding for education has increased by 36 percent, from $50 billion to $68 billion, according to an analysis by the Committee for Education Funding, a District of Columbia-based advocacy organization. It peaked in 2009 at $97 million, thanks to an injection of dollars from the economic stimulus, most of which went to staving off teacher layoffs. Total ED Discretionary Funding COMMITTEE FOR EDUCATION FUNDING By far, the biggest amount of federal education dollars goes toward funding the Pell Grant program, a tuition assistance initiative for low-income students. In fiscal 2016, the government is spending $22 billion to fund Pell Grants, twice what was spent in 2002, when the program garnered a little more than $11 billion. READ: Achievement Gap Between White and Black Students Still Gaping The explosion in the tuition assistance program was a result of more people qualifying for the grant, in part because of the Great Recession and in part because the Obama administration lowered the income threshold to qualify. Pell Grants-Discretionary Appropriation COMMITTEE FOR EDUCATION FUNDING The next-largest slice of overall education spending is going toward a grant program for school districts with large numbers of low-income students, known as Title I. Funding for the program also saw a big increase since 2002, going from $10.4 billion to $14.9 billion this year, an increase of 43 percent. 4 +Previous rulings prove that speech codes are key to federal funding 5 +Bernstein, MA, 03 6 +David E. Bernstein, 8-27-2003, "Federal Ruling May Mark End of Speech Codes at Public Universities," Cato Institute, https://www.cato.org/publications/commentary/federal-ruling-may-mark-end-speech-codes-public-universities VC 7 +That ruling was made after male students at Santa Rosa Community College had posted explicit and sexually derogatory remarks about two female students on a discussion group hosted by the college’s computer network. Several aggrieved students filed a complaint against the college with the OCR. It found that the messages probably created a hostile educational environment on the basis of sex for one of the students. The college’s toleration of such offensive speech, the government said, would violate Title IX, the law banning discrimination against women by educational institutions that receive federal funding. To avoid losing federal funds, universities across-the-board were required to proactively ban offensive speech by students and diligently punish any violations of that ban. The OCR failed to explain how its rule complied with the First Amendment. Speech codes enacted by public universities clearly violate the First Amendment, even if the codes are enacted in response to the demands of the OCR. So, requiring public universities to enact speech codes or forfeit public funds is obviously unconstitutional. Nevertheless, public university officials ignored the First Amendment and enacted (or retained) speech codes in compliance with the OCR guidelines. While a few schools may have been truly concerned about the potential loss of federal funding, the prevailing attitude among university officials seemed to be that the OCR’s Santa Rosa decision provided a ready excuse to indulge their preference for speech codes. Indeed, some universities enacted speech codes so broad that, when taken literally, they are absurd. The University of Maryland’s sexual harassment policy, for example , bans “idle chatter of a sexual nature, sexual innuendoes, comments about a person’s clothing, body, and/or sexual activities, comments of a sexual nature about weight, body shape, size, or figure, and comments or questions about the sensuality of a person.” So, at the University of Maryland, saying “I like your shirt, Brenda” has been a punishable instance of sexual harassment. Further, under Maryland’s code the prohibited speech need not address an individual to constitute harassment — saying “I really like men who wear bow ties” is out of bounds, at least if a man who wears bow ties hears about it. Moreover, public university censorship has extended well beyond sex discrimination issues. Federal law also bans discrimination in education based on race, religion, veteran status, and other criteria, and universities argued that they needed to censor speech to prevent a hostile environment for groups protected by those laws. The Santa Rosa case affected private universities, too. Unlike public universities, private universities have the right to enact and enforce voluntary speech codes. However, the First Amendment prohibits the government from requiring private universities to administer speech codes. Nevertheless, based on the Santa Rosa ruling, the government threatened to strip private universities of federal funding if they didn’t enforce speech restrictions to ensure that their students are not exposed to a “hostile environment.” 8 + 9 + 10 +Federal funding is necessary for the success of universities and for future initiatives. Yudof 10 11 +Yudof, Mark G. Former pres of UC Exploring a new role for federal government in higher education. University of California, Office of the President, 2010. 12 +The scale of the mission and demands of the moment call out for an integrated national¶ strategy. It must be one that provides the institutions of higher education with a more reliable¶ funding stream — a prerequisite for educating more students and expanding the research that¶ will see us through the 21st century.¶ Some background is in order. The old model for higher education — in particular as it pertains¶ to public research universities — is being steadily abandoned. For a host of political and societal¶ reasons, states now find themselves with shrinking pools of funds available for so-called discretionary¶ programs. This includes higher education.¶ The trend in part is a byproduct of mounting levels of mandatory spending, most notably¶ Medicaid. According to the authors of “The Growing Imbalance: Recent Trends in U.S. Postsecondary¶ Education Finance,” between 1987 and 2006 Medicaid nationwide more than doubled¶ its share of state budget expenditures, from 10.2 percent to 21.5 percent.¶ Within the same window of time, support for higher learning across the country fell from¶ 12.3 percent of state budgets to 10.4 percent; in California the drop was even more dramatic,¶ from 15.2 percent to 11.5 percent, according to numbers drawn from the National Association¶ of State Budget Officers’ State Expenditure Reports.¶ Inevitably, as states have ratcheted down their investment in higher education, students have¶ been required to pick up an increasingly larger portion of the check. The oft-lamented increases¶ in tuition and fees link directly to dwindling state investment — and not to increases in the¶ actual cost of educating a student, a figure which has been essentially flat.¶ From 1998 to 2005, according to the Delta Cost Project (DCP), educational spending for a fulltime-equivalent¶ student, adjusted for inflation, rose by only two-tenths of 1 percent at public¶ research institutions. And yet, strikingly, tuition rose by more than one-third, 34.6 percent. These¶ higher bills paid by students, the DCP investigators noted, “primarily replaced lost state appropriations.”¶ The crunch placed on students is not unlike what befalls workers when their employers switch¶ to less-generous health plans. The cost of producing a prescription drug might stay the same,¶ but the patient’s co-payment goes up. That’s what is happening to American university students,¶ and it appears to be having an impact on enrollment.¶ The United States once led the world in the proportion of 20–29 year olds who were college educated.¶ It now ranks 14th.¶ The Association of Public and Land-grant Universities (APLU) estimates that the production of¶ bachelor and associate degrees in this country would need to increase from 2.1 million in 2007-¶ 08 to 3 million in 2025 in order to match the proportion of young adults (25 to 34 years old)¶ with similar degrees in Canada and Japan. Those two countries stand as world leaders, with about 55 percent of their young adults earning¶ college degrees. The rate in the United States lags at 41.6 percent. For the country to catch up by¶ 2025, the APLU estimates, undergraduate enrollment must grow by about 42 percent, climbing¶ in less than two decades from 8.9 million FTE students to 12.6 million. An expansion of this scale¶ would require an additional $40.2 billion in higher education spending. To apply perspective,¶ that’s an increase of more than half of the $77 billion investment in higher learning made by all¶ states combined in 2006.¶ The sad irony is that this country was once considered the world leader in the development of¶ higher education. In California, we pioneered the model of state-funded, accessible, excellent¶ education for all eligible citizens, an approach which the Republic of Korea, Saudi Arabia, Singapore¶ and many other nations are now trying to emulate even as we walk away from it.¶ Let’s linger for a moment on what the Republic of Korea has been doing. Since the mid-1990s,¶ the Korean government has shifted its national priorities to improve and diversify universities.¶ For instance, in 2009 alone, according to the Korean Ministry of Education, Science and Technology¶ (MEST), it will allocate 5.2 trillion won (approximately $4.1 billion) for higher education¶ funding — an increase of 14.2 percent over the previous year. Last year the Republic of Korea¶ launched an Educational Capacity Enhancement Project, which through grants seeks to ensure¶ that campuses can meet industrial demands for a high quality work force. And its Brain Korea 21¶ Project, instituted in the late 1990s, continues to pursue improvements in research infrastructure¶ and graduate-level training.¶ Contrast this push to the conclusions in a recent McKinsey and Co. report, “The Economic Impact¶ of the Achievement Gap in America’s Schools,” which described the true cost of the United¶ States’ under-investing in human capital as “lower earnings, poorer health and higher rates of¶ incarceration.”¶ The educational gaps between the United States and competing industrial nations, the study¶ found, “impose the equivalent of a permanent national recession…. The gross domestic product¶ in 2008 could have been $1.3 to $2.3 trillion higher (9 percent to 16 percent of GDP)” if the nation’s¶ academic achievement levels were equal to those of Finland or South Korea.¶ Robert Reich, former U.S. secretary of labor and current UC Berkeley professor, makes a¶ compelling argument that to attract jobs and capital, nations and states face two, quite different¶ choices: Build a low-tax, low-wage, highly deregulated economy (i.e., a smokestack, warehouse¶ economy); or, levy higher taxes and impose more regulation, but invest in the human capital¶ development necessary to sustain a highly productive labor force.¶ “The only resource uniquely rooted in a national economy,” Reich says, “is its people — their¶ skills, insights, capacities to collaborate, and the transportation and communication systems that¶ link them together. Public investment is the key to attracting long-term private investment so¶ that a nation’s people can prosper.”¶ At present, though, America finds itself playing catch-up. There are needs on many fronts.¶ Pinpointing one key competitive indicator, the Lumina Foundation for Education has adopted a¶ “Big Goal” to increase the percentage of Americans with quality two- or four-year degrees to¶ 60 percent by 2025. Similarly, a recent study by the Public Policy Institute of California projects a shortage of 1 million¶ college graduates that will be needed to maintain the state’s 2025 work force. Unless policy changes¶ are made, only 35 of working-age adults in that year will hold a four-year degree, while 41 percent¶ of the jobs will require one.¶ Opening the tap to create more college graduates, however, is not a simple task. Among other¶ enhancements, it will require more qualified faculty, which in turn will trigger a need for more¶ graduate students. The growing demand for the research that is the province of our great¶ universities also will not be easily met. But it must.¶ Virtually all the research conducted by industrial research laboratories in the 1960s now takes¶ place at major universities. As John Wiley, chancellor emeritus at the University of Wisconsin, has¶ observed: “The future technologies our economy will depend on are being born in our university¶ research labs.”¶ In a draft paper entitled “Expanding Undergraduate Education to Meet National Goals: The Role¶ of Research Universities,” the APLU echoes Wiley’s assessment and asserts that public research¶ universities in particular must lead the charge to expand capacity for learning: “The areas of¶ study they offer correspond with national needs… including over half of all U.S. bachelor’s degrees¶ in natural resources, conservation and engineering.”¶ The APLU paper notes that public research universities also are a main pathway of opportunity¶ for low-income and minority students. In 2006, the last year measured in its study, more than¶ 26 percent of students enrolled at public research institutions received Pell grants, compared to¶ 15 percent at private research universities.¶ This leads to a larger point. The nation’s interest in quality higher education is not limited to¶ defense, economics and technology. It resides as well in the softer qualities that are engrained and¶ absorbed on a campus, traits necessary to preserve and nourish a great society — opportunity,¶ diversity, citizenship, a cultivated fascination with the march of ideas, an appreciation for the grace¶ notes of life, like a fine painting or a subtle poem. 13 + 14 +Insert turns the case arg 15 + 16 +Education is key to US Soft power. Nye 05 17 +Joseph Nye, Joseph Nye is University Distinguished Service Professor at Harvard University and served as dean of the John F. Kennedy School of Government there from 1995 to 2004. Nye also has served as Assistant Secretary of Defense for International Security Affairs and chair of the National Intel- ligence Council. His most recent books include Soft Power: The Means to Success in World Politics (2004), an antholo- gy, Power in the Global Information Age (2004), and a novel, The Power Game: A Washington Novel (2004). 2005, "Soft Power and Higher Education" https://net.educause.edu/ir/library/pdf/ffp0502s.pdf MG 18 +Colleges and universities can help raise the level of discussion and advance American foreign policy by cultivating a better understanding of power and how the world has changed in important ways over the last 20 to 30 years. We can work to instill in our students and in the broader pub- lic a better appreciation of both the realities of our inter- connected global society and the conceptual framework that must be understood to successfully navigate the new landscape we face. Many observers agree that American higher education produces significant soft power for the United States. Sec- retary of State Colin Powell, for example, said in 2001: “I can think of no more valuable asset to our country than the friendship of future world leaders who have been educated here.” The Cold War was fought with a combination of hard and soft power. Academic and cultural exchanges between the United States and the Soviet Union, starting in the 1950s, played a significant role in enhancing American soft power. American skep- tics at the time feared that visiting Sovi- et scientists and KGB agents would “steal us blind”; they failed to notice, however, that the visitors vacuumed along with the scientific secrets. Because exchanges affect elites, one or two key contacts may have a major political effect. For example, Aleksandr Yakovlev was strongly influ- enced by his studies with the political scientist David Tru- man at Columbia University in 1958. Yakovlev eventually went on to become the head of an important institute, a Politburo member, and a key liberalizing influence on the Soviet leader Mikhail Gorbachev. From 1958 to 1988, 50,000 Russians visited the Unit-ed States as part of formal exchange programs. Contrast that to today, when restrictive visa policies have caused a precipitous drop in applications from foreign students to study in the United States. The long-term implications are that talented foreign students seeking a quality higher education will go elsewhere, and thus America will lose the opportunity to both influence and learn from foreign students. This will diminish American’s awareness of cultural differences precisely when we must become less parochial and more sensitive to foreign perceptions. Higher education leaders need to continue to press for less restrictive student visa policies and for more expeditious handling of visa requests. Further, colleges and universities can assess their internal policies concerning foreign enrollment and evaluate whether that enrollment is high enough to meet the needs of our glob- al society. Conclusion The U.S. government invests a little over a billion dollars a year on soft power, including the State Depart- ment’s public diplomacy programs and U.S. international broadcasting. The nation’s defense budget is over $400 billion a year and rising. Thus, we are spending approxi- mately .25 percent of the military budget on soft power, or, put another way, 400 to 450 times more on hard power than on soft power. Americans—and others—face an unprecedented challenge from the dark side of globalization and the priva- tization of war that have accompanied new technologies. Our success in this changed world will depend upon developing a deeper understanding of the nature of power and the role of soft power, and achieving a better balance of hard and soft power in our foreign policy. Smart power is neither hard nor soft. It is both. 19 + 20 +Soft Power solves multiple extinction scenarios. Nye 07 21 +Nye and Armitage, 2007 − Distinguished Service Professor at Harvard University and President of Armitage International 22 +(Joseph and Richard, *Note: Report was in collaboration with about 50 other congressmen, “CCIS Commission of Smart Power – A Smarter, more Secure America”, http://www.csis.org/media/csis/pubs/071106_csissmartpowerreport.pdf) 23 +Today’s Challenges The twenty-first century presents a number of unique foreign policy challenges for today’s decisionmakers. These challenges exist at an international, transnational, and global level. Despite America’s status as the lone global power, the durability of the current international order is uncertain. America must help find a way for today’s norms and institutions to accommodate rising powers that may hold a different set of principles and values. Furthermore, countries invested in the current order may waiver in their commitment to take action to minimize the threats posed by violent non-state actors and regional powers who challenge this order. The information age has heightened political consciousness, but also made political groupings less cohesive. Small, adaptable, transnational networks have access to tools of destruction that are increasingly cheap, easy to conceal, and more readily available. Although the integration of the global economy has brought tremendous benefits, vectors of prosperity have also become vectors of instability. Threats such as pandemic disease and the collapse of financial markets are more distributed and more likely to arise without warning. The threat of widespread physical harm to the planet posed by nuclear catastrophe has existed for half a century, though the realization of the threat will become more likely as the number of nuclear weapons states increases. The potential security challenges posed by climate change raise the possibility of an entirely new set of threats for the United States to consider. The next administration will need a strategy that speaks to each of these challenges. Whatever specific approach it decides to take, two principles will be certain: First, an extra dollar spent on hard power will not necessarily bring an extra dollar’s worth of security. It is difficult to know how to invest wisely when there is not a budget based on a strategy that specifies trade-offs among instruments. Moreover, hard power capabilities are a necessary but insufficient guarantee of security in today’s context. Second, success and failure will turn on the ability to win new allies and strengthen old ones both in government and civil society. The key is not how many enemies the United States kills, but how many allies it grows. States and non-state actors who improve their ability to draw in allies will gain competitive advantages in today’s environment. Those who alienate potential friends will stand at greater risk. Terrorists, for instance, depend on their ability to attract support from the crowd at least as much as their ability to destroy the enemy’s will to fight. Exporting Optimism, Not Fear Since its founding, the United States has been willing to fight for universal ideals of liberty, equality, and justice. This higher purpose, sustained by military and economic might, attracted people and governments to our side through two world wars and five decades of the Cold War. Allies accepted that American interests may not always align entirely with their own, but U.S. leadership was still critical to realizing a more peaceful and prosperous world. There have been times, however, when America’s sense of purpose has fallen out of step with the world. Since 9/11, the United States has been exporting fear and anger rather than more traditional values of hope and optimism. Suspicions of American power have run deep. Even traditional allies have questioned whether America is hiding behind the righteousness of its ideals to pursue some other motive. At the core of the problem is that America has made the war on terror the central component of its global engagement. This is not a partisan critique, nor a Pollyannaish appraisal of the threats facing America today. The threat from terrorists with global reach and ambition is real. It is likely to be with us for decades. Thwarting their hateful intentions is of fundamental importance and must be met with the sharp tip of America’s sword. On this there can be no serious debate. But excessive use of force can actually abet terrorist recruitment among local populations. We must strike a balance between - EntryDate
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