Changes for page Law Magnet Gao Aff

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1 +====Resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech====
2 +
3 +
4 +==1AC==
5 +
6 +
7 +===Framework===
8 +
9 +
10 +====The starting point for ethical discussion must be grounded in the material world and non-ideal theory. Ideal theory ignores social realities, which influence what we can count as an ideal in the first place, which means that they can never be applied in the real world. ====
11 +
12 +
13 +====In the non-ideal reality of the heterogeneous United States, difference is inevitable. Three warrants:====
14 +
15 +
16 +====All forms of politics rely on linguistic norms that have no fundamental source of authority. Language is constructed through use, which is social in nature. ====
17 +**Mouffe, Universities of Louvain, Paris and Essex and professorship at the Department of Politics and International Relations, University of Westminster in the United Kingdom, 1999**
18 +**Chantal, "Deliberative Democracy or Agonistic Pluralism?", The New School, Social Research**
19 +**AND**
20 +always abridgments of practices, they are inseparable of specific forms of life.
21 +
22 +
23 +====Analytic.====
24 +
25 +
26 +====Analytic.====
27 +
28 +
29 +====There is no I without the other. Identity is intersubjective and constructed through social relations, which are always changing. BUTLER: ====
30 +**(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political)**
31 +"In a sense, the subject is constituted through an exclusion and differentiation,
32 +AND
33 +the point in which it is claimed to be prior to politics itself."
34 +
35 +
36 +====Analytic====**
37 +
38 +
39 +====Given this, the mission of politics is to deal with these differences in a way that maintains the political system. Otherwise, the differences are left to fester and branch out to individual collectivities that destroy society, which is deeply antithetical to the practical goal of ethics.====
40 +**"The Democratic Paradox" by Chantal Mouffe 2000 **
41 +"A well-functioning democracy calls for a vibrant clash of democratic political positions
42 +AND
43 +antagonisms that can tear up the very basis of civility." (104)
44 +
45 +
46 +====An agonistic democracy where difference is respected and all viewpoints are given a chance to engage in the political discourse is key to this end.====
47 +** "The Democratic Paradox" by Chantal Mouffe 2000 DD**
48 +"Envisaged from the point of view of 'agonistic pluralism', the aim of democratic
49 +AND
50 +should be seen as temporary respites in an ongoing confrontation." (102)
51 +
52 +
53 +====Analytic.====
54 +
55 +
56 +====Thus, the standard is cultivating agonistic democratic subjects. ====
57 +
58 +
59 +====Impact calculus: The best way to foster agonistic democracy is by training people through participation in democratic practices. Analytic. ====
60 +
61 +
62 +====Prefer additionally: Analytic: ====
63 +
64 +
65 +====A. Analytic. ====
66 +
67 +
68 +====B. Analytic.====
69 +
70 +
71 +===Contention===
72 +
73 +
74 +====The punishment from speech codes deter discussion, especially since they are often vague and up to the interpretation of the administration. ====
75 +**Powers, Deputy Assistant U.S. Trade Representative for Public Affairs in the Clinton administration from 1993 to 1998 and column for The American Prospect and her numerous articles have appeared in USA Today, Elle, the New York Observer, Salon, and the Wall Street Journal, 2015**
76 +**Kirsten, "How Liberals Ruined College", Daily Best, June 11th, Online: http://www.thedailybeast.com/articles/2015/05/11/how-liberals-have-ruined-college.html - MG **
77 +On today's campuses, left-leaning administrators, professors, and students are working
78 +AND
79 +them "harm" by saying something that offended them, case closed.
80 +
81 +
82 +====Speech codes create a culture of suppression that deter discussion. This creates a cyclical cycle where students never learn how to engage with other positions.====
83 +**Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015**
84 +**Sidd, "The 'Chilling Effect' in Action: Campus Speech Codes and Political Disengagement", The FIRE, June 19th, Online: https://www.thefire.org/the-chilling-effect-in-action-campus-speech-codes-and-political-disengagement/ - MG**
85 +Almost 95 percent of the U.S. colleges and universities evaluated by FIRE
86 +AND
87 +to be offended and therefore avoid situations where someone might offend them.
88 +
89 +
90 +====Constitutionally protected speech solves.====
91 +**FIRE, 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate, no date**
92 +**Foundation for Individual Rights In Education, "State of the Law: Speech Codes**
93 +**AND**
94 +constitutional freedoms is nowhere more vital than in the community of American schools."
95 +
96 +
97 +====The AFF is try or die. Millennials aren't engaged now.====
98 +**Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015**
99 +**Sidd, "The 'Chilling Effect' in Action: Campus Speech Codes and Political Disengagement", The FIRE, June 19th, Online: https://www.thefire.org/the-chilling-effect-in-action-campus-speech-codes-and-political-disengagement/ - MG**
100 +By one measure, millennials are the United States' least politically engaged generation, with
101 +AND
102 +whether our colleges are actually guiding students towards a path of political disengagement.
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1 +2016-12-17 04:52:53.0
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1 +Martin Sigalow
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1 +Montgomery AW
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1 +Law Magnet Gao Aff
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1 +JANFEB - Mouffe AC
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1 +Strake Jesuit
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1 +==Framework==
2 +
3 +
4 +====I value morality because ought implies a moral obligation. ====
5 +
6 +
7 +====The ethical question is posed intersubjectively: Analytic.====
8 +
9 +
10 +====Identity is the source of normativity as it gives the broad range of reasons that appeal to a person. For example, you wouldn't obligate a fire fighter to teach or a teacher to fight fire because those roles don't appeal to the agent's identity. But the identities that ground ethics are socially constructed. Butler:====
11 +(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political)
12 +"In a sense, the subject is constituted through an exclusion and differentiation,
13 +AND
14 +the point in which it is claimed to be prior to politics itself."
15 +
16 +
17 +====As fluid concepts, our identities can be denied by the people around us just as their identities can be denied of us. Therefore, ethics demands a recognition of the precarity of identity. Butler 2:====
18 +**Judith Butler. Frames of War: When Is Life Grievable? **
19 +The precarity of life imposes an obligat~~es~~ion upon us. We
20 +AND
21 +crafting power, and which limits the finality of any of its effects.
22 +
23 +
24 +====However, within these structures of recognition, difference is inevitable. Hagglund:====
25 +"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND
26 +"Derrida targets precisely this logic of opposition. As he argues in Of Grammatology
27 +AND
28 +is in the service of perpetrating the better." (46-48)
29 +
30 +
31 +====A. Analytic.====
32 +
33 +
34 +====B. Analytic.====
35 +
36 +
37 +====Thus, the standard is consistency with an agonistic pluralism.====
38 +
39 +
40 +====Only an agonistic democracy is grounded on the precarious structure of identity and the need to maintain openness and contestation as it embraces conflict and transforms it into something that recognizes that my identity is only constructed off of the other. Mouffe:====
41 +**"The Democratic Paradox" by Chantal Mouffe 2000 **
42 +"Envisaged from the point of view of 'agonistic pluralism', the aim of democratic
43 +AND
44 +should be seen as temporary respites in an ongoing confrontation." (102)
45 +
46 +
47 +====An agonistic pluralism is key to the maintenance of a healthy political community. Mouffe 2:====
48 +**"The Democratic Paradox" by Chantal Mouffe 2000 **
49 +But this is to miss a crucial point. not only
50 +AND
51 +and the trivialization of the political discourse.
52 +
53 +====Prefer additionally: Double bind – To act morally one must first know what is the right thing to do, which means any moral system has to be derivative of the procedures intrinsic to agonistic conflict: ====
54 +
55 +
56 +====A. Analytic.====
57 +
58 +
59 +====B. Analytic.====
60 +
61 +
62 +====C. Analytic.====
63 +
64 +
65 +==Offense==
66 +
67 +
68 +====I contend constitutionally protected free speech is consistent with an agonistic pluralism.====
69 +
70 +
71 +====Speech codes create a culture of suppression that deter discussion. This creates a cycle where students never learn how to engage with other positions.====
72 +**Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015**
73 +**Sidd, "The 'Chilling Effect' in Action: Campus Speech Codes and Political Disengagement", The FIRE, June 19th, Online: https://www.thefire.org/the-chilling-effect-in-action-campus-speech-codes-and-political-disengagement/ - MG**
74 +Almost 95 percent of the U.S. colleges and universities evaluated by FIRE
75 +AND
76 +to be offended and therefore avoid situations where someone might offend them.
77 +
78 +
79 +====Thought control prevents undermines the formation of well-constructed arguments.====
80 +Azhar **Majeed**, November 18, 20**'09**, "Defying the Constitution: The Rise, Persistence, And Prevalence Of Campus Speech Codes", Georgetown Journal of Law and Public Policy, Fire.org, https://www.thefire.org/defying-the-constitution-the-rise-persistence-and-prevalence-of-campus-speech-codes/
81 +Second, speech codes suppress the discussion of disfavored topics and expression of disfavored viewpoints
82 +AND
83 +precisely this coddling effect and therefore should be eradicated from the college environment.
84 +
85 +
86 +====Outweighs – training is key. People are not born as democratic subjects; butler indicates people are socialized into their identity. To create agonistic subjects means to socialize people into that identity. Mouffe 2:====
87 +**Mouffe 2000 (Chantal Mouffe. Democratic Paradox. Verso Publishing. 2000.)**
88 +"Their concern with the current state of democratic institutions is one that I share
89 +AND
90 +by rationality and impartiality and where a rational universal consensus could be reached."
91 +
92 +
93 +====Constitutionally protected speech solves.====
94 +**FIRE, 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate, no date**
95 +**Foundation for Individual Rights In Education, "State of the Law: Speech Codes**
96 +**AND**
97 +constitutional freedoms is nowhere more vital than in the community of American schools."
98 +
99 +
100 +====The framework requires working within current governmental structures.====
101 +Marijanovic 2016. (Daniel Marijanovic. "WORKING WITH AND AGAINST CHANTAL MOUFFE FOR A DEFENCE OF AGONISTIC DEMOCRACY IN A POST-DEMOCRATIC AGE" McMaster University Master of Arts Thesis. 2016. — KW)
102 +Mouffe's own affirmation of the importance of extra-institutional movements for an agonistic democracy
103 +AND
104 +not be very effective without access to the institutions of the social order."
105 +
106 +
107 +====This means NEG positions calling for unconstitutional actions don't turn case.
108 +Analytic. ====
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1 +2017-01-28 16:48:26.0
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1 +Divyaansh Raj
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1 +Anderson JT
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1 +Law Magnet Gao Aff
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1 +JANFEB - Mouffe AC V2
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1 +Emory
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2 +
3 +
4 +==Framework==
5 +
6 +
7 +====I value morality because ought implies a moral obligation. ====
8 +
9 +
10 +====Identity is the source of normativity as it gives the broad range of reasons that appeal to a person. For example, you wouldn't obligate a fire fighter to teach or a teacher to fight fire because those roles don't appeal to the agent's identity. But the identities that ground ethics are socially constructed through norms created by structures of recognition. Butler:====
11 +(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political)
12 +"In a sense, the subject is constituted through an exclusion and differentiation,
13 +AND
14 +the point in which it is claimed to be prior to politics itself."
15 +
16 +
17 +====Analytic. ====
18 +
19 +
20 +====Oppression is the misdefinition of life. That means my framework comes first – it gives an account on how we are obligated to the other. Butler 2:====
21 +**Judith Butler. Frames of War: When Is Life Grievable? **
22 +The precarity of life imposes an obligat~~es~~ion upon us. We
23 +AND
24 +crafting power, and which limits the finality of any of its effects.
25 +
26 +
27 +====Analytic. ====
28 +
29 +
30 +====However, within these structures of recognition, pluralism is inevitable. Hagglund:====
31 +"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND
32 +"Derrida targets precisely this logic of opposition. As he argues in Of Grammatology
33 +AND
34 +is in the service of perpetrating the better." (46-48)
35 +
36 +
37 +====Analytic. ====
38 +
39 +
40 +====Defines oppression – Not recognizing the inevitability of difference and the political, fluid nature of exclusion reinforces hegemonic power structures. Mouffe:====
41 +**"The Democratic Paradox" by Chantal Mouffe 2000 **
42 +However, if we accept Schmitt's insight about the relations of inclusion-exdusion which
43 +AND
44 +people by reducing it to one of its many possible forms of identification.
45 +
46 +
47 +====Analytic. ====
48 +
49 +
50 +====Analytic. ====
51 +
52 +
53 +====Therefore, the correct ethical theory must recognize difference and exclusion as a condition for its normativity in the first place.====
54 +
55 +
56 +====The standard is consistency with an agonistic pluralism.====
57 +
58 +
59 +====Only an agonistic democracy is grounded in a social identity and recognition of difference as it embraces conflict and transforms it into something that recognizes that my identity is constructed off the other. Mouffe 2:====
60 +**"The Democratic Paradox" by Chantal Mouffe 2000 **
61 +"Envisaged from the point of view of 'agonistic pluralism', the aim of democratic
62 +AND
63 +should be seen as temporary respites in an ongoing confrontation." (102)
64 +
65 +
66 +====An agonistic pluralism is key to the maintenance of structures of identity. Mouffe 3:====
67 +**"The Democratic Paradox" by Chantal Mouffe 2000 **
68 +But this is to miss a crucial point. not only about the primary reality
69 +AND
70 +of the left/right divide and the trivialization of the political discourse.
71 +
72 +
73 +====Prefer additionally: 1. Double bind – To act morally one must first know what is the right thing to do, which means any moral system has to be derivative of the procedures intrinsic to agonistic conflict: ====
74 +
75 +
76 +====Analytic. ====
77 +
78 +
79 +====Analytic. ====
80 +
81 +
82 +====2. Self-reflection is key to create social change and fight dominant social practices. SMITH and EATON: ====
83 +"Role of reflection and praxis in community-based learning and social justice work" by Toby Smith and Marie Eaton http://cielearn.org/wp-content/themes/ciel/docs/Praxis_Social20Justice202-10.pdf
84 +"If reflection is an interpretation of the unknown through the lens of the known
85 +AND
86 +we know and what we do, between text and our lives. "
87 +
88 +
89 +====Impact calc: An agonism requires a state: Analytic.====
90 +
91 +
92 +==Offense==
93 +
94 +
95 +====I contend constitutionally protected free speech is consistent with an agonistic pluralism.====
96 +
97 +
98 +====Agonism requires an acknowledgement that opposing beliefs are structurally legitimate. ====
99 +Mouffe 4 ~~Chantal Mouffe, Professor at the Department of Political Science of the Institute for Advanced Studies. June 2000. "The Democratic Paradox"~~
100 +I submit that this is a crucial insight which undermines the very objective that those
101 +AND
102 +formulation, and this is why his contribution to democratic thinking is invaluable.
103 +
104 +
105 +====Speech codes create a culture of suppression that deter discussion. This creates a cycle where students never learn how to engage with other positions.====
106 +**Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015**
107 +**Sidd, "The 'Chilling Effect' in Action: Campus Speech Codes and Political Disengagement", The FIRE, June 19th, Online: https://www.thefire.org/the-chilling-effect-in-action-campus-speech-codes-and-political-disengagement/ - MG**
108 +Almost 95 percent of the U.S. colleges and universities evaluated by FIRE
109 +AND
110 +to be offended and therefore avoid situations where someone might offend them.
111 +
112 +
113 +====Outweighs – Analytic. ====
114 +
115 +
116 +====Controls the internal link to other frameworks – Analytic.====
117 +
118 +
119 +====Constitutionally protected speech solves.====
120 +**FIRE, 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate, no date**
121 +**Foundation for Individual Rights In Education, "State of the Law: Speech Codes**
122 +**AND**
123 +constitutional freedoms is nowhere more vital than in the community of American schools."
124 +
125 +
126 +====The framework requires working within current governmental structures.====
127 +Marijanovic 2016. (Daniel Marijanovic. "WORKING WITH AND AGAINST CHANTAL MOUFFE FOR A DEFENCE OF AGONISTIC DEMOCRACY IN A POST-DEMOCRATIC AGE" McMaster University Master of Arts Thesis. 2016. — KW)
128 +Mouffe's own affirmation of the importance of extra-institutional movements for an agonistic democracy
129 +AND
130 +not be very effective without access to the institutions of the social order."
131 +
132 +
133 +====Analytic. ====
EntryDate
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1 +2017-02-19 21:16:00.0
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1 +Mitali Mathur
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1 +William Enloe TG
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1 +Law Magnet Gao Aff
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1 +JANFEB - Mouffe AC V3
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1 +====Ought is defined by Merriam Webster as expressing a moral obligation. Therefore the value is morality. ====
2 +
3 +
4 +====The starting point for ethical discussion must be grounded in the material world and non-ideal theory. Ideal theory ignores social realities, which influence what we can count as an ideal in the first place. ====
5 +**Mills, Professor of Moral and Intellectual Philosophy at Northwestern University, 2000**
6 +**Charles W, "Ideal Theory as Ideology", Hypatia Volume 20, Number 3, Summer, pp. 165 184 – MG**
7 +I suggest that this spontaneous reaction, far from being philosophically naïve or jejune,
8 +AND
9 +that the ideal-as-idealized-model will never be achieved.
10 +
11 +
12 +====Justice requires a multi-dimensional analysis. Every instance of injustice includes both an unequal distribution of resources and a misrecognition of identity. Singular theories that only focus on distribution or identity will inevitably fail. ====
13 +**Fraser, American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, 09**
14 +**(Nancy; Social Justice in the Age of Identity Politics: Redistribution, Recognition, and Participation; THE TANNER LECTURES ON HUMAN VALUES; Stanford University April 30–May 2, 1996; http://www.intelligenceispower.com/Important20E-mails20Sent20attachments/Social20Justice20in20the20Age20of20Identity20Politics.pdf – MG)**
15 +Matters become murkier, however, once we move away from these extremes. When
16 +AND
17 +in sum, requires both redistribution and recognition. Neither alone will suffice.
18 +
19 +
20 +====Thus, the standard is promoting participatory parity. This recognizes the bivalence of oppression.====
21 +**Fraser 2, American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, 09**
22 +**(Nancy; Social Justice in the Age of Identity Politics: Redistribution, Recognition, and Participation; THE TANNER LECTURES ON HUMAN VALUES; Stanford University April 30–May 2, 1996; http://www.intelligenceispower.com/Important20E-mails20Sent20attachments/Social20Justice20in20the20Age20of20Identity20Politics.pdf – MG)**
23 +Given the hollowness of a purely verbal reduction and the present unavailability of a substantive
24 +AND
25 +ascribed "difference" from others or by failing to acknowledge their distinctiveness.
26 +
27 +
28 +====Prefer additionally: Double bind – to act morally one must first know what is the right thing to do, which means any moral system has to be derivative of the procedures intrinsic to a system of participatory parity: ====
29 +
30 +
31 +====A. If our moral belief changes after a disagreement enabled by participatory parity, then it shows that preserving the relationship based off of openness and disagreement is necessary to identity moral errors. ====
32 +
33 +
34 +====B. If my moral belief remains the same, it shows our beliefs are strong against criticism and therefore true.====
35 +
36 +
37 +===Contention 1 – A Segregated Public Sphere===
38 +
39 +
40 +====Housing discrimination leads to racial segregation, Oliveri 1: ====
41 +(Rigel C. Oliveri. Isabelle Wade and Paul C. Lyda Professor of Law BA, with Highest Distinction, University of Virginia, '94 JD, Order of the Coif, Stanford Law School, '99 "Between a Rock and a Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, and Housing Discrimination" 62 Vand. L. Rev. 55. 2009)
42 +Housing practices that prevent a particular group from obtaining housing in a particular area also
43 +AND
44 +their voices, it becomes increasingly hard to reverse the cycle of exclusion.
45 +
46 +
47 +====Inaccessible housing results in exclusion and marginalization of persons with disabilities ====
48 +OHCHR 09 OHCHR (Office of the United Nations High Commissioner for Human Rights). "The Right to Adequate Housing." Fact Sheet No. 21/Rev.1. November 2009. HW. http://www.ohchr.org/Documents/Publications/FS21_rev_1_Housing_en.pdf
49 +There are more than 650 million persons with disabilities in the world, of whom
50 +AND
51 +able to effectively participate in the life of the community where they live.
52 +
53 +
54 +===Contention 2 – Housing as a Freedom Right===
55 +
56 +
57 +====The homeless are denied property rights and are therefore not free, King 1: ====
58 +King (Peter King, Centre for Comparative Housing Research, Reader in the Department of Public Policy, De Montfort University, Leicester, UK, "Housing as a Freedom Right." Housing Studies. 2003. http://www.tandfonline.com/doi/pdf/10.1080/02673030304259)
59 +Homelessness is defined by Waldron as the very condition where one is "excluded from
60 +AND
61 +the right to be in the political spaces necessary to rectifying moral wrongs.
62 +
63 +
64 +====Right to housing gateway right, King 2:====
65 +**King,** Peter, 20**03**, BSc (Hons); PhD; FCIH, Housing as a Freedom Right, Centre for Comparative Housing Research, Department of Public Policy, De Montfort University, Leicester, UK ~~Paper first received 7 October 2002; in final form 3 February 2003~~, Housing Studies, Vol. 18, No. 5, 661–672, http://www.tandfonline.com/doi/abs/10.1080/02673030304259
66 +Freedom rights can be seen as negative rights, in that they prohibit coercion and
67 +AND
68 +participatory parity, and thus the AFF is key to rectifying this injustice.
69 +
70 +
71 +====Housing is a gateway to opportunities and engagement in the community. Hartman:====
72 +Hartman, Chester. American urban planner, author, and academic. He is Director of Research of the Poverty and Race Research Action Council in Washington, D.C. Previously, he was PRRAC's Executive Director "The Case for a Right to Housing." Nhi.org. N.p., Winter 2006. Web. 14 July 2016.
73 +The arguments for a Right to Housing are straightforward: Housing is where people spend
74 +AND
75 +so without it, indivduals are excluded from the political sphere and engagement.
76 +
77 +
78 +===Contention 3===
79 +
80 +
81 +====Mass media perpetuates lies about the homeless that render their bodies as meaningless to society.====
82 +**Truong (Shirley Truong, Principal Analyst and PhD from University of Santa Cruz, "Please Do Not Feed the Homeless:" The Role of Stereotyping and Media Framing on the Criminalization of Homelessness", December 2012, Online: http://escholarship.org/uc/item/9jv4v5nw - MG) **
83 +Previous research documents that negative stereotypes about homelessness are common in mainstream media representations (
84 +AND
85 +laziness) and increased support for restrictive homeless policy (Mendelson, 1999).
86 +
87 +
88 +====To confer rights is to confer value. The AFF recognizes that the homeless are people who deserve care.====
89 +**Fitzpatrick, S., and Watts, B. (Suzanne Fitzpatrick, School of the Built Environment, Heriot-Watt University, Edinburgh, Scotland, UK, Bett Watts, Centre for Housing Policy, University of York, England, UK (2010). The 'Right to Housing' for Homeless People. Online: http://www.feantsaresearch.org/IMG/pdf/ch05.pdf P 115**
90 +There are some obvious reasons why enforceable legal rights to housing may be viewed as
91 +AND
92 +in poverty and using welfare services such as housing (Lister, 2004).
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1 +2017-03-09 19:34:10.0
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1 +Michael Brione
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1 +Lutheran AD
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1 +TFA State
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Cites
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1 +===FWK===
2 +
3 +
4 +====Truth does not exist independently of humans. For instance, individuals would have different interpretations of what is true if they were kept separate from each other. Thus, there are no a priori truth claims that can apply to every instance regardless of the context. Instead, we derive truth based on our relationships and agreements with others by understanding and affirming certain identities. Without this affirmation, it is impossible to claim anything as true since everything would be disagreed upon with no reason to prefer one interpretation over any other. Therefore, truth claims are filtered through relationships with other.====
5 +
6 +
7 +====Identity grounds normativity as it gives the broad range of reasons that motivate a person to act. Guiding action is a definitional requirement of ethics because it must tell us how to act. You wouldn't obligate a fire fighter to teach or a teacher to fight fire because the reasons to do those actions do not appeal to the identity of the agent. This means that any theory that is inconsistent with a social ontology can't guide action because it misunderstands the subject who it attempts to obligate.====
8 +
9 +
10 +====Identity is socially constructed through structures of recognition and a constant negotiation with the other. ====
11 +**Butler (Judith Butler, Maxine Elliot Professor in the Department of Comparative Literature at UC Berkeley and the Program of Critical Theory, "Giving an Account of Oneself", Diacritics, Vol. 31, No. 4. (Winter, 2001), pp. 22-40, Online: http://www.jstor.org/stable/1566427 - MG) **
12 +In a sense, my account of myself is never fully mine, and is
13 +AND
14 +temporality of a set of norms that contest the singularity of my story.
15 +
16 +
17 +====In these structures, identity is precarious. It is always at risk of being denied and made unintelligible by difference. Two warrants:====
18 +
19 +
20 +====My identity is created by factors I had not control over, like history and language. ====
21 +**Butler 2 (Judith Butler, Maxine Elliot Professor in the Department of Comparative Literature at UC Berkeley and the Program of Critical Theory, "Giving an Account of Oneself", Diacritics, Vol. 31, No. 4. (Winter, 2001), pp. 22-40, Online: http://www.jstor.org/stable/1566427 - MG) **
22 +**Founder = break down **
23 +There are, then, several ways in which the
24 +AND
25 +one undergoes a decentering and "fails" to achieve self-identity.
26 +
27 +
28 +====Our understanding of identity and indeed all ethical judgements will always be marked by the inevitability of difference. Hagglund:====
29 +"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND
30 +"Derrida targets precisely this logic of opposition. As he argues in Of Grammatology
31 +AND
32 +is in the service of perpetrating the better." (46-48)
33 +
34 +
35 +====Denying alterity denies the precariousness of socialized identities. Structures of recognition are made possible by exposure to violence because that is how identities are formed.====
36 +
37 +
38 +====Takes out K alts and generic structural violence frameworks – Violence is constitutive and impossible to solve. The only thing to do is to figure out how to make decisions in the face of the violence. Anything else is a refusal to acknowledge the metaphysical constraints on action, leading to an endless pursuit of the impossible that can never yield anything of value.====
39 +
40 +
41 +====As subjects already embedded in norms that predate us, we engage in ethical discussions already committed to these structures of recognition. The question of what rules ought to guide our vulnerable encounters with others arises because we already emerge as subjects embedded in and dependent upon those structures of recognition. So, it is as subjects committed to maintaining the structures of recognition that political and ethical questions are intelligible. ====
42 +
43 +
44 +====Given that the very constitutive nature of structures of recognition is precarity, to violate precarity is to undermine these structures of recognition that are the basis of ethics.====
45 +
46 +
47 +====Thus, the standard and role of the ballot is respecting the precarity of identity.====
48 +
49 +
50 +====Impact calc: Reproducing norms that differently allocate vulnerability is a failure to recognize the precarity of identity. (a) To place more vulnerability on one group of people is to deny that they matter in the construction of your own identity. (b) Unequally distributing vulnerability is an attempt to make oneself invincible to the influence of alterity, which is inconsistent with precarity because precarity is the condition of being vulnerable to the other. ====
51 +
52 +
53 +===Harms===
54 +
55 +
56 +====The homeless are vulnerable to disproportionate levels of physical violence.====
57 +**NHCHC (National Health Care for the Homeless Council, network of more than 10,000 doctors, nurses, social workers, patients, and advocates who share the mission to eliminate homelessness, "STUDY SHOWS HOMELESSNESS INCREASES VULNERABILITY TO VIOLENCE", Online: http://www.nhchc.org/wp-content/uploads/2014/02/homelessness-increases-vulnerability-to-violence1.pdf - MG)**
58 +The rate of violence victimization in this national sample of people experiencing ~~among the
59 +AND
60 +victims (49) reported they were still suffering consequences after the attack.
61 +
62 +
63 +====Homeless as an identity is criminalized, rendering those forced into it ungreivable. ====
64 +**Law Center (National Law Center on Homelessness and Poverty, "NO SAFE PLACE", Online: https://www.nlchp.org/documents/No_Safe_Place - MG)**
65 +Key Finding: Homeless People are Criminally Punished for Being in Public Even When They
66 +AND
67 +and the right to due process of law guaranteed by the Fourteenth Amendment.
68 +
69 +
70 +====Mass media perpetuates lies about the homeless that render their bodies as meaningless to society.====
71 +**Truong (Shirley Truong, Principal Analyst and PhD from University of Santa Cruz, "Please Do Not Feed the Homeless:" The Role of Stereotyping and Media Framing on the Criminalization of Homelessness", December 2012, Online: http://escholarship.org/uc/item/9jv4v5nw - MG) **
72 +Previous research documents that negative stereotypes about homelessness are common in mainstream media representations (
73 +AND
74 +laziness) and increased support for restrictive homeless policy (Mendelson, 1999).
75 +
76 +
77 +====And, not recognizing the homeless as people whose injuries against them are ethically wrong outweigh under our framework. Grievability is necessary to apprehend the vulnerability in our ontology. Butler 3====
78 +~~Judith. Frames of War: When Is Life Grievable? London: Verso, 2009. Print. End of intro pages 24-32.~~
79 +We read about lives lost and are often given the numbers, but these stories
80 +AND
81 +living being as living, exposed to non-life from the start."
82 +
83 +
84 +===Advocacy===
85 +
86 +
87 +====Thus, the advocacy: The United States ought to guarantee a right to housing. Implementation is through the construction of mixed-income housing. ====
88 +
89 +
90 +===Solvency===
91 +
92 +
93 +====Mixed income housing fights back against stigmatization. ====
94 +**Goodman (Allison Padilla-Goodman, City University of New York, "Renewal and Disposability: Projects and Narratives of Development and Dispossession in the "New" New Orleans", CUNY Academic Works, February 1, 2014 – MG)**
95 +The dominant real estate issue for Disposables in New Orleans is famously the public housing
96 +AND
97 +dignified space, one where they could theoretically find more hope in their futures
98 +
99 +
100 +====This outweighs – we are structural prerequisite to any mindset shift because we create the norms or structures that identify the homeless as precarious bodies.====
101 +
102 +
103 +====To confer rights is to confer value. The AFF recognizes that the homeless are people who deserve care.====
104 +**Fitzpatrick, S., and Watts, B. (Suzanne Fitzpatrick, School of the Built Environment, Heriot-Watt University, Edinburgh, Scotland, UK, Bett Watts, Centre for Housing Policy, University of York, England, UK (2010). The 'Right to Housing' for Homeless People. Online: http://www.feantsaresearch.org/IMG/pdf/ch05.pdf P 115**
105 +There are some obvious reasons why enforceable legal rights to housing may be viewed as
106 +AND
107 +in poverty and using welfare services such as housing (Lister, 2004).
108 +
109 +
110 +====Rights create avenues of legal recourse for the homeless.====
111 +**Hartman (Chester Hartman, American urban planner, author, and academic. He is Director of Research of the Poverty and Race Research Action Council (PRRAC), "The Case for a Right to Housing", 1998, Housing Policy Debate, Online: **https://pdfs.semanticscholar.org/b39f/779ea88791e8f08dbb1351ec060ab6439085.pdf** - MG) **
112 +In New York City, a similar right to decent temporary shelter for the homeless
113 +AND
114 +from public or subsidized housing for falling behind in rent (Lakshmanan 1995).
115 +
116 +
117 +====Legal recourse outweighs: (a) causal – homeless lives are rendered ungrievable in a legal context, by disrupting legal norms, we change the system that causes oppression ====
118 +
119 +
120 +====The AFF outweighs: Housing is especially important to the recognition of individuals. ====
121 +**Adams (Kristen David Adams, Emory Law School with honors in 1995 and received the degree of masters of law from Yale Law School in 2000. While at Emory, she was a managing editor of the Emory Law Journal. Professor Adams received her Bachelor of Arts degree cum laude from Rice University in 1992, "DO WE NEED A RIGHT TO HOUSING?, April 16, 2009, Online: **http://scholars.law.unlv.edu/cgi/viewcontent.cgi?article=1088andcontext=nlj** – MG) **
122 +Scholars and policymakers associate special attributes with housing.206 Having a home provides a
123 +AND
124 +of whether providing access to housing can help individuals to achieve other goals.
EntryDate
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1 +2017-03-10 18:52:51.0
Judge
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1 +McGee
Opponent
... ... @@ -1,0 +1,1 @@
1 +Strake Jesuit JH
ParentRound
... ... @@ -1,0 +1,1 @@
1 +13
Round
... ... @@ -1,0 +1,1 @@
1 +4
Team
... ... @@ -1,0 +1,1 @@
1 +Law Magnet Gao Aff
Title
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1 +MARAPR - Butler Whole Rez AC
Tournament
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1 +TFA State
Caselist.CitesClass[12]
Cites
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1 +==1AC==
2 +
3 +
4 +===Part 1 - Framework ===
5 +
6 +
7 +====Reasons function by appealing to identities.. ====
8 +
9 +
10 +====AND====
11 +
12 +
13 +====The ethical question is posed intersubjectively.====
14 +
15 +
16 +Our practices function to produce and congeal social norms, which frames how we make sense of the world around us. Through performing and internalizing these norms, we are produced as specific kinds of subjects.
17 +(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political)
18 +"In a sense, the subject is constituted through an exclusion and differentiation,
19 +AND
20 +critical distance on existing norms and bearing the responsibility of self-creation.
21 +
22 +
23 +====Thus, the Role of the Judge is to embody the critic.====
24 +
25 +
26 +To be a critic means to engage in practices that identify both the prevailing norms and the limits of intelligibility it imposes, both acts that risk losing recognition.
27 +Butler 3 (Judith Butler. "What is Critique? An Essay on Foucault's
28 +AND
29 +between what replicates the same process and what transforms it." (58)
30 +
31 +
32 +====The role of the ballot is to track the nexus of power and knowledge and the limits of intelligibility that nexus produces.====
33 +
34 +
35 +====Part 2 - The advocacy====
36 +
37 +
38 +====A. Inherency It is a congealed norm that the AFF has the burden of advocating a topical affirmative case. All of us in this room have extensive experience as members of this community and have learned part of the event history that preceded us ====
39 +
40 +
41 +====B. Advocacy text====
42 +
43 +
44 +====I affirm that people in the United States debate community ought to guarantee a right to housing by not holding affirmatives to the limits of the NSDA topic when their AC critiques a norm in LD debate. ====
45 +
46 +
47 +====Right to housing is defined by the NESRI as====
48 +National Economic and Social Rights Initiative ("WHAT IS THE HUMAN RIGHT TO HOUSING", NESRI works to build a broad movement for economic and social rights, including health, housing, education and work with dignity. Based on the principle that fundamental human needs create human rights obligations on the part of the government and private sector, NESRI advocates for public policies that guarantee the universal and equitable fulfillment of these rights in the United States. https://www.nesri.org/programs/what-is-the-human-right-to-housing)
49 +What is the Human Right to Housing? Everyone has a fundamental human right to
50 +AND
51 +Therefore, this is a means for creating a home space in debate.
52 +
53 +
54 +===Part 3 - Offense===
55 +
56 +
57 +====First, My advocacy enables the affirmative to embody the critic both by critiquing debate norms, including the norm of topical constraint. Denying affirmatives the ground to win by critiquing debate locks their practices and the in round discourse into topical limits, which are marred by social privilege. ====
58 +Warner 1 (2003 Ede Warner, Professor in the Communication department at University of Louisville, "Go Homers, Makeovers or Takeovers? A Privilege Analysis of Debate as a Gaming Simulation", Online: https://debate.uvm.edu/warner.doc - MG)
59 +Procedures for topic selection as well as arguments made in debates are certainly grounded in
60 +AND
61 +the topic offensive, as well as ignoring the timely issues they faced.
62 +
63 +
64 +====Second, status quo debate practices are exclusionary. ====
65 +Warner 2003 (Ede Warner, Professor in the Communication department at University of Louisville, "Go Homers, Makeovers or Takeovers? A Privilege Analysis of Debate as a Gaming Simulation", Online: https://debate.uvm.edu/warner.doc - MG)
66 +Shaniqua, an African American Lesbian high school student—an amazing critical thinker and
67 +AND
68 +the technical nature generally requires more "cards" and less "you."
69 +
70 +
71 +====This affirms: The only way to critique them is our advocacy.====
72 +
73 +
74 +====Third, Being able to critique debate is key to students exercising responsibility with respect to the the norms they reproduce. Treating that criticism as relevant to vote on is necessary for bearing responsibility over debate norm production ====
EntryDate
... ... @@ -1,0 +1,1 @@
1 +2017-03-18 18:45:45.0
Judge
... ... @@ -1,0 +1,1 @@
1 +Aaron Timmons, Jacob Koshak, Chris Castillo
Opponent
... ... @@ -1,0 +1,1 @@
1 +Cypress Woods LC
ParentRound
... ... @@ -1,0 +1,1 @@
1 +14
Round
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1 +Doubles
Team
... ... @@ -1,0 +1,1 @@
1 +Law Magnet Gao Aff
Title
... ... @@ -1,0 +1,1 @@
1 +MARAPR - Home AC
Tournament
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1 +TFA State
Caselist.CitesClass[13]
Cites
... ... @@ -1,0 +1,92 @@
1 +=1AC=
2 +
3 +
4 +==Framework==
5 +
6 +
7 +====I value morality because ought implies a moral obligation. ====
8 +
9 +
10 +====Identity is the source of normativity as it gives the broad range of reasons that appeal to a person. For example, you wouldn't obligate a fire fighter to teach or a teacher to fight fire because those roles don't appeal to the agent's identity. But the identities that ground ethics are socially constructed through norms created by structures of recognition. Butler:====
11 +(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political)
12 +"In a sense, the subject is constituted through an exclusion and differentiation,
13 +AND
14 +the point in which it is claimed to be prior to politics itself."
15 +
16 +
17 +====However, within these structures of recognition, pluralism is inevitable. Hagglund:====
18 +"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND
19 +"Derrida targets precisely this logic of opposition. As he argues in Of Grammatology
20 +AND
21 +is in the service of perpetrating the better." (46-48)
22 +
23 +
24 +====Defines oppression – Not recognizing the inevitability of difference and the political, fluid nature of exclusion reinforces hegemonic power structures. Mouffe:====
25 +**"The Democratic Paradox" by Chantal Mouffe 2000 **
26 +However, if we accept Schmitt's insight about the relations of inclusion-exdusion which
27 +AND
28 +people by reducing it to one of its many possible forms of identification.
29 +
30 +
31 +
32 +====Therefore, the correct ethical theory must recognize difference and exclusion as a condition for its normativity in the first place.====
33 +
34 +
35 +====The standard is consistency with an agonistic pluralism.====
36 +
37 +
38 +====Only an agonistic democracy is grounded in a social identity and recognition of difference as it embraces conflict and transforms it into something that recognizes that my identity is constructed off the other. Mouffe 2:====
39 +**"The Democratic Paradox" by Chantal Mouffe 2000 **
40 +"Envisaged from the point of view of 'agonistic pluralism', the aim of democratic
41 +AND
42 +should be seen as temporary respites in an ongoing confrontation." (102)
43 +
44 +
45 +====An agonistic pluralism is key to the maintenance of structures of identity. Mouffe 3:====
46 +**"The Democratic Paradox" by Chantal Mouffe 2000 **
47 +But this is to miss a crucial point. not only about the primary reality
48 +AND
49 +of the left/right divide and the trivialization of the political discourse.
50 +
51 +
52 +
53 +==Offense==
54 +
55 +
56 +====I contend constitutionally protected free speech is consistent with an agonistic pluralism.====
57 +
58 +
59 +====Speech codes create a culture of suppression that deter discussion. This creates a cycle where students never learn how to engage with other positions.====
60 +**Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015**
61 +**Sidd, "The 'Chilling Effect' in Action: Campus Speech Codes and Political Disengagement", The FIRE, June 19th, Online: https://www.thefire.org/the-chilling-effect-in-action-campus-speech-codes-and-political-disengagement/ - MG**
62 +Almost 95 percent of the U.S. colleges and universities evaluated by FIRE
63 +AND
64 +to be offended and therefore avoid situations where someone might offend them.
65 +
66 +
67 +====This affirms – no speech has value because of their content; rather speech has value because it enables the possibilities for agonistic encounters through debate. Speech codes cover over ideas, masking constitutive discrimination.====
68 +**Butler Judith Butler (Maxine Elliot Professor in the Department of Comparative Literature and the Program of Critical Theory and the Hannah Arendt Chair at the European Graduate School), "Value of Being Disturbed" – MG **
69 +It seems that the once accepted notion that art ought to disturb or provoke or
70 +AND
71 +challenged, and to pay institutions regularly to deliver those challenges to us.
72 +
73 +
74 +====Outweighs – The University is a place of training young adults. College is a time of changing beliefs because we encounter different people and ideas we weren't exposed to before. Training is key to the framework. People are not born as democratic subjects; just like I wasn't born a debater. To create agonistic subjects means to socialize people into that identity. ====
75 +**Mouffe 4 (Deliberative Democracy of Agonistic Pluralism?, The New School, Social Research, Vol. 66, No. 3, PROSPECTS FOR DEMOCRACY (FALL 1999), pp. 745-758, Chantal Mouffe, Accessed 12/15/16, BMJ)**
76 +"Their concern with the current state of democratic institutions is one that I share
77 +AND
78 +language, culture and the whole set of practices that make agency possible.
79 +
80 +
81 +====Constitutionally protected speech solves.====
82 +**FIRE, 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate, no date**
83 +**Foundation for Individual Rights In Education, "State of the Law: Speech Codes**
84 +**AND**
85 +constitutional freedoms is nowhere more vital than in the community of American schools."
86 +
87 +
88 +====The framework requires working within current governmental structures.====
89 +Marijanovic 2016. (Daniel Marijanovic. "WORKING WITH AND AGAINST CHANTAL MOUFFE FOR A DEFENCE OF AGONISTIC DEMOCRACY IN A POST-DEMOCRATIC AGE" McMaster University Master of Arts Thesis. 2016. — KW)
90 +Mouffe's own affirmation of the importance of extra-institutional movements for an agonistic democracy
91 +AND
92 +not be very effective without access to the institutions of the social order."
EntryDate
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1 +2017-04-29 19:29:00.419
Judge
... ... @@ -1,0 +1,1 @@
1 +Rahul Gosain
Opponent
... ... @@ -1,0 +1,1 @@
1 +Walt Whitman CC
ParentRound
... ... @@ -1,0 +1,1 @@
1 +15
Round
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1 +2
Team
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1 +Law Magnet Gao Aff
Title
... ... @@ -1,0 +1,1 @@
1 +JANFEB - Mouffe AC V4
Tournament
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1 +TOC
Caselist.RoundClass[9]
Cites
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1 +7
EntryDate
... ... @@ -1,0 +1,1 @@
1 +2016-12-17 04:52:52.0
Judge
... ... @@ -1,0 +1,1 @@
1 +Martin Sigalow
Opponent
... ... @@ -1,0 +1,1 @@
1 +Montgomery AW
Round
... ... @@ -1,0 +1,1 @@
1 +2
RoundReport
... ... @@ -1,0 +1,2 @@
1 +1AC - Mouffe
2 +1NC - University K (Cap)
Tournament
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1 +Strake Jesuit
Caselist.RoundClass[10]
Cites
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1 +8
EntryDate
... ... @@ -1,0 +1,1 @@
1 +2017-01-28 16:48:25.0
Judge
... ... @@ -1,0 +1,1 @@
1 +Divyaansh Raj
Opponent
... ... @@ -1,0 +1,1 @@
1 +Anderson JT
Round
... ... @@ -1,0 +1,1 @@
1 +4
Tournament
... ... @@ -1,0 +1,1 @@
1 +Emory
Caselist.RoundClass[11]
EntryDate
... ... @@ -1,0 +1,1 @@
1 +2017-02-19 21:15:51.0
Judge
... ... @@ -1,0 +1,1 @@
1 +Mitali Mathur
Opponent
... ... @@ -1,0 +1,1 @@
1 +William Enloe TG
Round
... ... @@ -1,0 +1,1 @@
1 +1
Tournament
... ... @@ -1,0 +1,1 @@
1 +Harvard
Caselist.RoundClass[12]
Cites
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1 +10
EntryDate
... ... @@ -1,0 +1,1 @@
1 +2017-03-09 19:34:06.0
Judge
... ... @@ -1,0 +1,1 @@
1 +Michael Brione
Opponent
... ... @@ -1,0 +1,1 @@
1 +Lutheran AD
Round
... ... @@ -1,0 +1,1 @@
1 +1
Tournament
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1 +TFA State
Caselist.RoundClass[13]
Cites
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1 +11
EntryDate
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1 +2017-03-10 18:52:48.0
Judge
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1 +McGee
Opponent
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1 +Strake Jesuit JH
Round
... ... @@ -1,0 +1,1 @@
1 +4
Tournament
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1 +TFA State
Caselist.RoundClass[14]
Cites
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1 +12
EntryDate
... ... @@ -1,0 +1,1 @@
1 +2017-03-18 18:45:43.0
Judge
... ... @@ -1,0 +1,1 @@
1 +Aaron Timmons, Jacob Koshak, Chris Castillo
Opponent
... ... @@ -1,0 +1,1 @@
1 +Cypress Woods LC
Round
... ... @@ -1,0 +1,1 @@
1 +Doubles
Tournament
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1 +TFA State
Caselist.RoundClass[15]
EntryDate
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1 +2017-04-29 19:28:58.0
Judge
... ... @@ -1,0 +1,1 @@
1 +Rahul Gosain
Opponent
... ... @@ -1,0 +1,1 @@
1 +Walt Whitman CC
Round
... ... @@ -1,0 +1,1 @@
1 +2
RoundReport
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1 +1AC - Mouffe
2 +1NC - CPS Spec Guns
Tournament
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1 +TOC

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