Changes for page Oakwood Weiner Aff
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... ... @@ -1,1 +1,0 @@ 1 -Anything I'm Reading is disclosed on either my or Jack Warehams Wiki so be aware anything on Jacks wiki is fair game. IF IM BREAKING NEW I WILL TELL YOU BEFORE THE ROUND IF YOU INQUIRE.Also I don't disclose which advantages I'm reading unless you disclose past NR's. - EntryDate
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... ... @@ -1,0 +1,11 @@ 1 +All my broken positions are on my wiki, also HEADS UP anything on Jack Warehams wiki is fair game. IF I AM BREAKING NEW I WILL TELL YOU, IF YOU INQUIRE. Also tell me what the 1NC ur reading is: Tell me... 2 + 3 +1. ROTB text (if ur reading one) 4 +2. Exact CP and K alt texts 5 +3. Framework specifics/standard text of the NC or the K 6 +4. DA's (coal, drought, warming etc) 7 +5. FULL T INTERP TEXTS! (if you have bidirectional ones, tell me before the round what version of the aff is topical/ the one you want me to defend, Whole res, or plan? and i may take it into account to avoid a T debate) 8 + 9 +so yeah 10 +I LOVE READING DISCLOSURE THEORY! 11 +Interpretation: debaters must disclose all broken positions (including ACs, NCs, DAs, CPs and Ks) on the NDCA LD 2016-2017 wiki under their own name or another debaters WITH NOTIFICATION THAT UR READING FROM THEIR WIKI, school, and correct side with cites, tags, the first three and the last three words of all cards read at least an hour before the round begins. - EntryDate
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... ... @@ -1,0 +1,10 @@ 1 +Its the first tournament of the topic so coming up to me in prelims and asking me what I'm reading is very annoying and you probably won't get an answer and you need to chill and be fine with that. I will be breaking new almost every round and if I do read something it will go up on the wiki. Thats it. 2 + 3 +ROTB text (if ur reading one) 4 +2. Exact CP and K alt texts 5 +3. Framework specifics/standard text of the NC or the K 6 +4. DA's (coal, drought, warming etc) 7 +5. FULL T INTERP TEXTS! (if you have bidirectional ones, tell me before the round what version of the aff is topical/ the one you want me to defend, Whole res, or plan? and i may take it into account to avoid a T debate) 8 +so yeah 9 +I LOVE READING DISCLOSURE THEORY! 10 +Interpretation: debaters must disclose all broken positions (including ACs, NCs, DAs, CPs and Ks) on the NDCA LD 2016-2017 wiki under their own name or another debaters WITH NOTIFICATION THAT UR READING FROM THEIR WIKI, school, and correct side with cites, tags, the first three and the last three words of all cards read at least an hour before the round begins. - EntryDate
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... ... @@ -1,0 +1,68 @@ 1 +Pt 1: Framework 2 + 3 +ROTB 4 + 5 +The state is inevitable- speaking the language of power through policymaking is the only way to create social change in debate thus the ROTB is to evaluate the topic through competing policy actions. Coverstone 5: 6 +Alan Coverstone (masters in communication from Wake Forest, longtime debate coach) “Acting on Activism: Realizing the Vision of Debate with Pro-social Impact” Paper presented at the National Communication Association Annual Conference November 17th 2005 JW 11/18/15 7 +An important concern emerges when Mitchell describes reflexive fiat as a contest strategy capable of 8 +AND 9 +that is a fundamental cause of voter and participatory abstention in America today. 10 + 11 +Pt 1: Util 12 + 13 +Phenomenal introspection is reliable and proves that util is objectively valid. Sinhababu: 14 +Sinhababu Neil (National University of Singapore) “The epistemic argument for hedonism” http://philpapers.org/archive/SINTEA-3 accessed 2-4-16 JW 15 +The Odyssey's treatment of these events demonstrates how dramatically ancient Greek moral intuitions differ from 16 +AND 17 +favors the kind of universal hedonism that supports utilitarianism, not egoistic hedonism. 18 + 19 +Thus, the standard is maximizing happiness. Prefer the standard: 20 + 21 +1. Ethical frameworks must be theoretically legitimate. 22 +Fairness is a voter 23 +Education is a voter 24 + 25 +AND: Reductionism: personal identity doesn’t exist. 26 +Olson Eric T. (Professor of Philosophy at the University of Sheffield) “Personal Identity” Stanford Encyclopedia of Philosophy Aug 20, 2002; substantive revision Oct 28, 2010 http://plato.stanford.edu/entries/identity-personal/#PsyApp JW 27 +Whatever psychological continuity may amount to, a more serious worry for the Psychological Approach 28 +AND 29 +, you are both hungry and not hungry at once: a contradiction. 30 + 31 +This means consequentialism – moral theories can’t focus on individuals since there’s nothing that unifies them across time. Only states of affairs can have value. 32 + 33 +With that noted we also need to look to what’s constitutive of how the US wills so anything within normal US means should be prioritized as policy. 34 + 35 +Pt 2: Advocacy 36 + 37 +Text: The United States ought to limit qualified immunity for police officers. 38 + 39 +Solvency 40 + 41 +The Supreme Court is going to limit qualified immunity by way of the plan and affirmation of the topic. 42 + 43 +Constitutional challenges are inevitable Hill 06: 44 +(Lisa Hill, Senior ARC Fellow in Politics at the University of Adelaide, Low Voter Turnout in the United States: Is Compulsory Voting a Viable Solution?, Journal of Theoretical Politics 2006 18: 207, http://jtp.sagepub.com/content/18/2/207) 45 +Potential constitutional barriers are also an obvious concern. It does seem inevitable that compulsory 46 +AND 47 +may not look so favourably upon legislation of a considerably more controversial nature. 48 + 49 +It will be limited because the very notion of qualified immunity is based on a false legal premise: Reinhardt 15 50 +Stephen (circuit judge on the United States Court of Appeals for the Ninth Circuit) “The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences” 113 Mich. L. Rev. 1219 (2015) JW 51 +As in the habeas context, the doctrinal evolution of qualified immunity was not inevitable 52 +AND 53 +has once again exalted a lesser concern over the protection of constitutional rights. 54 + 55 +Rollback 56 + 57 +Overturning law on unconstitutional or unlawful grounds reaffirms the legitimacy of the Supreme Court. 58 +Rosenfeld 04: 59 +(Professor of Constitutional Law, Constitutional Adjudication in Europe and the United States: Paradoxes and Contrast International Journal of Constitutional Law Volume 2, Number 2, October 650-1 TC) 60 +In theory at least, common law adjudication need not involve repudiation of precedents, 61 +AND 62 +constitutional adjudicator seems more delicate and precarious than that of her continental counterpart. 63 + 64 +Enforcing controversial decisions like repealing the qualified immunity act builds legitimacy Law 09: 65 +(David S., Professor of Law and Political Science – Washington University, “A Theory of Judicial Power and Judicial Review”, Georgetown Law Journal, March, 97 Geo. L.J. 723, Lexis) 66 +Part IV of this Article discusses a counterintuitive implication of a coordination-based account 67 +AND 68 +Brown v. Board of Education 27 and Cooper v. Aaron. 28 - EntryDate
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... ... @@ -1,0 +1,64 @@ 1 +The state is inevitable- speaking the language of power through policymaking is the only way to create social change in debate. 2 +Coverstone 5 Alan Coverstone (masters in communication from Wake Forest, longtime debate coach) “Acting on Activism: Realizing the Vision of Debate with Pro-social Impact” Paper presented at the National Communication Association Annual Conference November 17th 2005 JW 11/18/15 3 +An important concern ... in America today. 4 +Adv 1 = Crime 5 +Crime is high now—low trust in police is the root cause. 6 +The Week 15 “Violent crime surges in US cities: is 'Ferguson effect' to blame?” June 3rd 2015 http://www.theweek.co.uk/63860/violent-crime-surges-in-us-cities-is-ferguson-effect-to-blame JW 7 +Violent crime is ... part as well." 8 +The plan is key to rebuilding trust between police and civilians offsetting the perception that police are unaccountable. 9 +De Stefan 16 Lindsey De Stefan (J.D. Candidate, 2017, Seton Hall University School of Law; B.A., Ramapo College of New Jersey) ““No Man Is Above the Law and No Man Is Below It:” How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct” Law School Student Scholarship. Paper 850 2017 http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1861andcontext=student_scholarship JW 10 +Altering the qualified ... the citizen- police relationship. 11 +Police legitimacy is nearing an irreversible collapse—rebuilding trust now is key. 12 +Ryback 8/5 R.T. Ryback “Police, race and crime: We're not a point of no return on trust, but we're close” Star Tribune August 5th 2016 http://www.startribune.com/police-race-and-crime-we-re-not-a-point-of-no-return-on-trust-but-we-re-close/389346501/ JW 13 +A few weeks ... solve deeper issues. 14 +Police legitimacy is key to preventing crime. 15 +NIJ 16 National Institute of Justice “Race, Trust and Police Legitimacy” July 14th 2016 http://www.nij.gov/topics/law-enforcement/legitimacy/pages/welcome.aspx JW 16 +Research consistently shows ... within one's neighborhood. 1 17 +The US has soft power now. 18 +Nye 15 Joseph (Distinguished Service Professor, Harvard Kennedy School of Government; Author, Is the American Century Over?) “Charting the Next American Century” March 4th 2015 Council on Foreign Relations http://www.cfr.org/united-states/charting-next-american-century/p36194#ER JW 19 +NYE: This is ... the United States. 20 +Lowering crime is key to maintaining soft power. 21 +Falk 12 Richard (United Nations Special Rapporteur on Palestinian human rights) “When soft power is hard” Al Jazeera July 28th 2012 http://www.aljazeera.com/indepth/opinion/2012/07/201272212435524825.html 22 +This unabashed avowal ... cure unknown", applies. 23 +Soft power solves multiple existential threats. 24 +Lagon 11 Mark P. (International Relations and Security Chair at Georgetown University's Master of Science in Foreign Service Program and adjunct senior fellow at the Council on Foreign Relations. He is the former US Ambassador-at-Large to Combat Trafficking in Persons at the US Department of State) “The Value of Values: Soft Power Under Obama” World Affairs Journal Sept/Oct 2011 http://www.worldaffairsjournal.org/article/value-values-soft-power-under-obama#ER 25 +Despite large economic ... is seriously amiss. 26 +Adv 2 = Police Brutality 27 +The “clearly established” clause of qualified immunity allows police brutality to continue with no deterrence—limitation is needed. 28 +Wright 15 Sam (public interest lawyer) “Want to Fight Police Misconduct? Reform Qualified Immunity” November 3rd 2015 Above the Law http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/ JW 29 +Under ArrestRecently, police ... to make it happen. 30 +Qualified immunity sets a precedent for dismissal of civil rights suits, which maintains the legitimacy of the police state. 31 +Carter 15 Tom (World Socialist Website) “US Supreme Court expands immunity for killer cops” International Committee of the Fourth International November 12th 2015 32 +With the death ... kill a cop!’” 33 +Police brutality causes numerous physiological and psychological harms to minorities. 34 +Turner and Richardson 16 Erlanger A. Turner (Assistant Professor of Psychology, University of Houston-Downtown) and Jasmine Richardson (BS earned her psychology degree from the University of Houston- Downtown (UHD)) “Racial Trauma is Real: The Impact of Police Shootings on African Americans” Psychology Benefits Society July 14th 2016 https://psychologybenefits.org/2016/07/14/racial-trauma-police-shootings-on-african-americans/ JW 35 +There have been ... as an expected outcome 36 +Police brutality undermines US diplomacy power. 37 +Pullen 14 Bethany “The Achilles Heel of U.S. Public Diplomacy: Race Relations and Police Violence” http://uscpublicdiplomacy.org/blog/achilles-heel-us-public-diplomacy-race-relations-and-police-violence September 8th 2014 JW 38 +It is a ... promoting legislative changes. 39 +Absent continued diplomacy, conflict becomes inevitable 40 +Grygiel 8 Jakub (George H. W. Bush Associate Professor at The Paul H. Nitze School of Advanced International Studies) May 1st 2008 “The Diplomacy Fallacy” American Interest http://www.the-american-interest.com/2008/05/01/the-diplomacy-fallacy/ 41 +These three conditions ... interest is impossible. 42 +Effective diplomacy solves nuke war. 43 +Ross 99 Douglas (professor of political science at Simon Fraser University) “Canada’s functional isolationism and the future of weapons of mass destruction” International Journal lexis 44 +Thus, an easily ... or other WMD. 45 +Plan Text 46 +Resolved: the United States will replace the ‘clearly established’ standard in qualified immunity doctrines with a ‘clearly unconstitutional’ standard. 47 +The plan solves by providing adequate civil rights protections while maintaining consistency with current law- that no-links disads. 48 +Jeffries 10 John C. (University of Virginia School of Law) “What’s Wrong With Qualified Immunity?” University of Virginia School of Law Public Law and Legal Theory Research Paper Series No. 2010-21 JW 49 +A second suggestion ... is ―clearly unconstitutional.‖ 84 50 +Framework 51 +Phenomenal introspection is reliable and proves that util’s true. 52 +Sinhababu Neil (National University of Singapore) “The epistemic argument for hedonism” http://philpapers.org/archive/SINTEA-3 accessed 2-4-16 JW 53 +The Odyssey's treatment ... not egoistic hedonism. 54 +Thus, the standard is maximizing happiness. Prefer the standard: 55 +1 Reductionism: personal identity doesn’t exist. 56 +2 Olson Eric T. (Professor of Philosophy at the University of Sheffield) “Personal Identity” Stanford Encyclopedia of Philosophy Aug 20, 2002; substantive revision Oct 28, 2010 http://plato.stanford.edu/entries/identity-personal/#PsyApp JW 57 +3 Whatever psychological continuity ... once: a contradiction. 58 +2. Moral uncertainty means we should prevent extinction—it’s irreversible and prevents ethical deliberation or value. 59 +Bostrom 13 Nick Bostrom (Professor, Faculty of Philosophy and Oxford Martin School Director, Future of Humanity Institute Director, Oxford Martin Programme on the Impacts of Future Technology University of Oxford) “Existential Risk Prevention as Global Priority” Global Policy Volume 4 . Issue 1 . February 2013 http://www.existential-risk.org/concept.pdf JW 60 +Keeping our options ... any existential catastrophe. 61 +Underview 62 +Critique is useless without a concrete policy option that solves for your harms. 63 +Bryant 12 Levi Bryant (Professor of Philosophy at Collin College) “A Critique of the Academic Left” 2012 https://larvalsubjects.wordpress.com/2012/11/11/underpants-gnomes-a-critique-of-the-academic-left/ JW 64 +Unfortunately, the academic ... distribution of medicines, etc., etc., etc. - EntryDate
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... ... @@ -1,0 +1,126 @@ 1 +=1AC Glenbrooks Round 1 Oakwood AW= 2 + 3 + 4 +====I affirm ==== 5 + 6 + 7 +====1. I will defend and spec whatever you want in CX but its not relevant to the aff==== 8 + 9 + 10 +====2. I reserve the right to clarify ==== 11 + 12 + 13 +====3. There is an interpretation under which the aff lies so T shells that can always be bidirectional aren’t relevant and even if they are, just reevaluate the aff under their interpretation ==== 14 + 15 + 16 +==Pt 1: Rules of the Game == 17 + 18 + 19 +====1. The standard of assessment is instutionalized in a practice, not the desirability of states of affairs that promote the practice. NARDIN:==== 20 +**International Ethics and International Law: Terry Nardin: Review of International Studies: Vol. 18, No. 1 (Jan., 1992), pp. 19-30 https://www.jstor.org/stable/20097279?seq=1~~#page'scan'tab'contents** 21 +The argument that the purpose-practice distinction is spurious, which underlies this moral 22 +AND 23 +as a product of obedience but as an integral aspect of behaving lawfully. 24 + 25 + 26 + 27 +====2. The rules of LD prove truth testing. ==== 28 +Impacts: 29 + 30 + 31 + 32 +==Pt 2: Framework == 33 + 34 + 35 +**====Property requires the existence of the general will—rights in the state of nature are provisional, and disputes could only be resolved through unilateral coercion. Individual rights claims are impossible absent political society; so resisting the general will is a contradiction and we must be omnilateral. Korsgaard ’08:====** 36 +(Christine, "Taking the Law into Our Own Hands: Kant on the Right to Revolution," in The Constitution of Agency: Essays on Practical Reason and Moral Psychology) OS bracketed for gender 37 +Kant also believes that there is a sense in which we have rights in the 38 +AND 39 +, is to settle the particular dispute in question in some lawful way. 40 + 41 + 42 +====Even if there are specific cases in which qualified immunity creates just outcomes, the state must first ensure that there are just procedures. **Korsgaard 8:====** 43 +**Christine "Taking the Law into Our Own Hands: Kant on the Right to Revolution" The Constitution of Agency: Essays on Practical Reason and Moral Psychology Oxford University Press http://www.klindeman.com/uploads/3/8/2/2/38221431/korsgaard'-'taking'the'law'into'our'own'hands.pdf JW** 44 +This reading, however, does not sit well with the obviously Platonic character of 45 +AND 46 +, and, normatively speaking, we must stand by their actual results. 47 + 48 + 49 +====Moral framework debate is irresolvable and uneducational - all arguments only function within a particular framework. Frameworks determine what counts as evidence or rationality, making it impossible to rationally debate between frameworks to be clear this is not aff framework choice this is aff framework suggestion. JOYCE^^ ^^:==== 50 +**Accuracy and Coherence: Prospects for an Alethic Epistemology of Partial Belief: James M. pdf?attachauth=ANoY7cpTUE5ybfRmXi3Ry9wsPdu3evfGxM0DqO5tnrq6VeVGkR5ryM7WftjBp7EsGX9cFepPQoesXpCCMXVxVO22ULg'0FSqQcjDKkiqaGeS8dHpjOCbH46pFyJylVFf4IKS8gWOf5Y'Ju7E10dK3Q8'j7ySprvYKwctKswvWZwf6ydYomRD46gt25HKhXHx7FWONx1kDQguum5yokxCQIYGfcte-evERSkOtLBAi-MVSa7lKYfM83nPhCwu0azZbH4z5AOATsIoandattredirects=0====** 51 +This distinction between what is accepted from within an institution, and "stepping out 52 +AND 53 +count as evidence that would sway the debate one way or the other. 54 + 55 + 56 +====IMPACT CALC==== 57 + 58 + 59 +====To say something is permitted is not to say that there is no possibility of a prohibition; rather it just matters that it is permitted under one locus of duty. A) This is true of obligations because the existence of an obligation doesn’t mean that there can’t be another obligation to do something else, as an obligation is just a locus of duty. B) Proving the resolution true under a specific index is sufficient to affirm regardless of any other type of index that negates. Rödl^^ ^^: ==== 60 +**Categories of the Temporal. An inquiry into the forms of the finite understanding, Harvard University Press 2012. https://voices.uchicago.edu/germanphilosophy/papers/** 61 +This view is untenable for reasons ~~this is~~ analogous to those we mounted 62 +AND 63 +believe p—thinking is true—is so affixing myself to p. 64 + 65 + 66 +====Proving a legal obligation exists is sufficient to affirm independent of moral considerations. Legal obligations are a separate locus of duty. Glos^^ ^^==== 67 +**Glos The Normative Theory of Law George E. Glos http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2772andcontext=wmlr Article 6** 68 +The mutual relation of law and ethics can profitably be investigated only if ethics is 69 +AND 70 +(norms according to which a soldier is bound to fight and kill). 71 + 72 + 73 +====Thus the burden is too link into the framework through truth claims, possibility claims, and freedom violations: Standard text’s aren’t relevant but if they become so here is the standard text: consistency with that that mandates of the Omnilateral will constrained by truth. I cannot be obligated to fly therefor obligation is constrained by truth. ==== 74 + 75 + 76 +==Pt 3: Advocacy == 77 + 78 + 79 +====Plan Text: I contend resolved: The US ought to limit qualified immunity for police officers when it is moral or consistent with the AC to do so. To be clear if there are instances in which affirming the topic is bad or contrary to the thesis of the AC then I do not defend those instances. ==== 80 + 81 + 82 +===Contentions=== 83 + 84 + 85 +====1. Qualified immunity can violate a system of equal freedom. A system of freedom necessitates the rectification of injustice. **Ripstein 6:====** 86 +**Arthur Ripstein (Professor of Law and Philosophy, University of Toronto) "Private Order and Public Justice: Kant and Rawls" U Toronto, Legal Studies Research Paper No. 894431 Virginia Law Review, Vol. 92, No. 7, 2006 April 4th 2006 http://www.law.utoronto.ca/documents/Ripstein/privateorder'publicjustice.pdf JW** 87 +Normatively, the law remains supreme even in the face of violation. Kant’s technical 88 +AND 89 +alone. Her hindrance to freedom is thus hindered by sealing it off. 90 + 91 + 92 +====2. Any legal system of rights necessitates the ability for a plaintiff to sue a defendant. **Weinrib 02:====** 93 +**Ernest J. Weinrib "Corrective Justice in a Nutshell" The University of Toronto Law Journal, Vol. 52, No. 4 (Autumn, 2002), pp. 349-356 http://www.jstor.org/stable/825933** 94 +In sophisticated systems of private law, the overarching justificatory categories expressive of correlativity are 95 +AND 96 +the same as the reasons that justify the existence of the defendant's duty. 97 + 98 + 99 +====3. Qualified immunity prevents the punishment of governmental officials who are sued for damages. **Chen 15:====** 100 +**Alan K. Chen is the William M. Beaney Memorial Research Chair and professor of law at the University of Denver Sturm College of Law, where he teaches courses in constitutional law, federal courts, and public interest law. An experienced civil rights litigator and former ACLU staff attorney, Professor Chen continues to do pro bono work in constitutional rights cases. "Qualified Immunity Liming Access to Justice and Impeding Development of the Law" Human Rights Magazine Home 2015 (Vol. 41) Vol. 41, No. 1 - Lurking in the Shadows: the Supreme Court's Quiet Attack on Civil Rights http://www.americanbar.org/publications/human'rights'magazine'home/2015—vol—41-/vol—41—no—1—-lurking-in-the-shadows—the-supreme-court-s-qui/qualified-immunity-limiting-access-to-justice-and-impeding-devel.html JW** 101 +Savana sued the school personnel who conducted the search under 42 U.S. 102 +AND 103 +law." Safford, 557 U.S. at 378–79. 104 + 105 + 106 +==Pt 4: Underview== 107 + 108 + 109 +====The role of the judge and ballot is to vote for the debater who best defends the truth or falsity of the resolution 110 + 111 + 112 +==== It's out of your jurisdiction 113 + 114 + 115 +====3. Frameworks that put an emphasis on criticism liberation or emancipation from violence are self defeating Hägglund 2’==== 116 +**Martin Hägglund: Radical Atheism: Derrida and the Time of Life, Stanford: Stanford University Press, Meridian: Crossing Aesthetics, 2008. ** 117 +Emancipatory politics does not aspire to a telos of absolute liberation, but must always 118 +AND 119 +violence (since it may be negated by the coming of other futures). 120 + 121 + 122 +====4. Negating is impossible because the very notion of qualified immunity is based on a false legal premise. It is true that we need to limit it: **Reinhardt 15====** 123 +**Stephen (circuit judge on the United States Court of Appeals for the Ninth Circuit) "The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences" 113 Mich. L. Rev. 1219 (2015) JW** 124 +As in the habeas context, the doctrinal evolution of qualified immunity was not inevitable 125 +AND 126 +has once again exalted a lesser concern over the protection of constitutional rights. - EntryDate
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... ... @@ -1,0 +1,264 @@ 1 +=Alta AC R1 OAKWOOD AW= 2 + 3 + 4 +====I affirm ==== 5 +I will defend and spec whatever you want in CX but its not relevant to the aff 6 +I reserve the right to clarify 7 +There is an interp under which the aff lies so T interps should be checked and we should use reasonability to avoid silly debates 8 + 9 + 10 +==Pt 1: Framework== 11 + 12 + 13 +====The role of the ballot is to evaluate the simulated consequences of the aff policy through competing util claims. Prefer this==== 14 + 15 + 16 +====The state is inevitable- speaking the language of power through policymaking is the only way to create social change in debate means blanket state bad and reps claims aren’t relevant.==== 17 +**Coverstone 5** Alan Coverstone (masters in communication from Wake Forest, longtime debate coach) "Acting on Activism: Realizing the Vision of Debate with Pro-social Impact" Paper presented at the National Communication Association Annual Conference November 17^^th^^ 2005 JW 11/18/15 18 +An important concern emerges when Mitchell describes reflexive fiat as a contest strategy capable of 19 +AND 20 +the resolution: The US ought to limit qualified immunity for police officers. 21 + 22 + 23 +=Therefore, the value criterion, or the way to achieve morality, is maximizing expected wellbeing through policy action. Justification 1. Maintaining equality is necessary under any conception of morality.= 24 +Gosepath explains 25 +This fundamental idea of equal respect for all persons and of the equal worth or equal dignity of all human beings (Vlastos 1962) is accepted as a minimal standard by all leading schools of modern Western political and moral culture. Any political theory abandoning this notion of equality will not be found plausible today. In a period in which metaphysical, religious and traditional views have lost their general plausibility (Habermas 1983, p. 53, 1992, pp. 39-44), it appears impossible to peacefully reach a general agreement on common political aims without accepting that persons must be treated as equals. As a result, moral equality constitutes the ‘egalitarian plateau’ for all contemporary political theories (Kymlicka 1990, p.5). 26 + 27 + 28 +====Justification 2. Util is the best option to ensure equal treatment of all people.==== 29 +CUMMISKEY writes:,,I,, 30 +,,f the moral law is based on the value of rational beings and their ends,, 31 +,,AND,, 32 +, util is the best moral theory since it evaluates those end states. 33 + 34 + 35 +====Justification 3. Policymakers cannot act upon non-consequentialist moral principles—they must only use principles they can justify to the public—they must maximize overall expected wellbeing.==== 36 +**Woller** ^^ ^^ 37 +Moreover, virtually all public policies entail some redistribution of economic or political resources, 38 +AND 39 +offs implied by their polices are somehow to the overall advantage of society. 40 + 41 + 42 +====Justification 4. Actor Specificity – States Use Util – it’s the only moral system available to policy makers – proves only my framework can evaluate the resolution==== 43 +**Goodin** Robert Goodin, fellow in philosophy, Australian National Defense University, THE UTILITARIAN RESPONSE, 1990, p. 141-2 44 +My larger argument turns on the proposition that there is something special about the situation 45 +AND 46 +want to use it at all – to chose general rules or conduct. 47 + 48 + 49 +====Also means we must within reason minimize existential threats if we are all dead we cannot pursue moral truth. ==== 50 + 51 + 52 +==Pt 2: Advocacy == 53 + 54 + 55 +====I contend that The United States ought to limit qualified immunity for police officers by removing clearly established standards doctrine but if that is an issue I also defend the topic as a general principle.==== 56 + 57 + 58 +===Solvency=== 59 + 60 + 61 +====The Supreme Court is going to limit qualified immunity by way of the plan and affirmation of the topic. ==== 62 + 63 + 64 +====Constitutional challenges are inevitable Hill 06: ==== 65 +(Lisa Hill, Senior ARC Fellow in Politics at the University of Adelaide, Low Voter Turnout in the United States: Is Compulsory Voting a Viable Solution?, Journal of Theoretical Politics 2006 18: 207, http://jtp.sagepub.com/content/18/2/207) 66 +Potential constitutional barriers are also an obvious concern. It does seem inevitable that qualified 67 +AND 68 +may not look so favourably upon legislation of a considerably more controversial nature. 69 + 70 + 71 +====Also it must be limited because the very notion of qualified immunity is based on a false legal premise: **Reinhardt 15====** 72 +**Stephen (circuit judge on the United States Court of Appeals for the Ninth Circuit) "The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences" 113 Mich. L. Rev. 1219 (2015) JW** 73 +As in the habeas context, the doctrinal evolution of qualified immunity was not inevitable 74 +AND 75 +has once again exalted a lesser concern over the protection of constitutional rights. 76 + 77 + 78 +===Next === 79 + 80 + 81 +====Overturning laws on unconstitutional or unlawful grounds reaffirms the legitimacy of the Supreme Court which is incredibly important.==== 82 +Rosenfeld 04: 83 +(Professor of Constitutional Law, Constitutional Adjudication in Europe and the United States: Paradoxes and Contrast International Journal of Constitutional Law Volume 2, Number 2, October 650-1 TC) 84 +In theory at least, common law adjudication need not involve repudiation of precedents, 85 +AND 86 +constitutional adjudicator seems more delicate and precarious than that of her continental counterpart. 87 + 88 + 89 +====And enforcing controversial decisions like repealing the qualified immunity doctrine builds legal legitimacy LAW 09:==== 90 +(David S., Professor of Law and Political Science – Washington University, "A Theory of Judicial Power and Judicial Review", Georgetown Law Journal, March, 97 Geo. L.J. 723, Lexis) 91 +Part IV of this Article discusses a counterintuitive implication of a coordination-based account 92 +AND 93 +Brown v. Board of Education 27 and Cooper v. Aaron. 28 94 + 95 + 96 +==Pt 3: Advantages== 97 + 98 + 99 +===Adv 1: US militarism === 100 + 101 + 102 +====1. Qualified immunity standards mean courts don’t even have to decide whether the police violated the constitution, which causes large amounts of rights violations and undermines the authority of courts **Reinhardt 15:====** 103 +Stephen (circuit judge on the United States Court of Appeals for the Ninth Circuit) "The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences" 113 Mich. L. Rev. 1219 (2015) 104 +Although there is a great deal that is troubling about the qualified im- munity 105 +AND 106 +to articulate constitutional rights will surely have far-reaching, negative repercussions. 107 + 108 + 109 +====2. A strong judiciary is key to check executive abuses – deference spills over to affect conduct of war which saves lives and reaffirms American Legitimacy. Blank and Guiora 10:==== 110 +(Laurie R. is the Director of Emory Law's International Humanitarian Law Clinic, Amos N. is a Professor of Law at the University of Utah's SJ Quinney College of Law, Judicial Abdication in Times of War: Lessons Not Yet Learned, Jurist, 13 September 2010, http://jurist.org/forum/2010/09/judicial-abdication-in-times-of-war-lessons-not-yet-learned.php) 111 +"The Constitution entrusts the President - not the Judiciary - with the conduct of 112 +AND 113 +the court is abdicating its role in enforcing our domestic and international obligations. 114 + 115 + 116 +===Adv 2: Strengthens Democracy=== 117 + 118 + 119 +====1. Perception of legal legitimacy is low now **Reinhardt 15**:==== 120 +Stephen (circuit judge on the United States Court of Appeals for the Ninth Circuit) "The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences" 113 Mich. L. Rev. 1219 (2015) JW 121 +III. Particularly Unfortunate Consequences This is an especially unfortunate time to be limiting the 122 +AND 123 +wrong, is that justice in this nation is stacked against them.164 124 + 125 + 126 +====2. Judicial activism from things like the plan is a model for constitutional democracy Horowitz, Journal of Democracy Writer 06:==== 127 +(Donald L., "Constitutional Courts: A Primer For Decision Makers", http://muse.jhu.edu.floyd.lib.umn.edu/journals/journal'of'democracy/v017/17.4horowitz.html, 7/1/09) 128 +Judicial review is a growing institution. Originating in the United States two centuries ago 129 +AND 130 +2001), and Spain (1992), is the constitutional-court model. 131 + 132 + 133 +====3. Democracy prevents very bad things from occurring we must ensure that it is preserved at all costs because it is the root cause of global peace. Diamond 95:==== 134 +(Larry, a professor, lecturer, adviser, and author on foreign policy, foreign aid, and democracy, "Promoting Democracy in the 1990s: Actors and instruments, issues and imperatives : a report to the Carnegie Commission on Preventing Deadly Conflict", December 1995, http://wwics.si.edu/subsites/ccpdc/pubs/di/di.htm) 135 +This hardly exhausts the lists of threats to our security and well-being in 136 +AND 137 +with its provisions for legality, accountability, popular sovereignty, and openness. 138 + 139 + 140 +===Adv 3: Rule of Law=== 141 + 142 + 143 +====1. Civil liability is the only recourse against constitutional violations from police officers. Strong qualified immunity that exists now prevents consistency with the law **Reinhardt 15:====** 144 +Stephen (circuit judge on the United States Court of Appeals for the Ninth Circuit) "The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences" 113 Mich. L. Rev. 1219 (2015) JW 145 +Unfortunately, the Court’s actions no longer match its rhetoric. In fact, they 146 +AND 147 +relieved of its duty to compensate the victim of a constitutional violation.130 148 + 149 + 150 +====2. Judicially supported rule of law is key to global peace. Rhyne:==== 151 +Charles S. Rhyne, ("Law Day Speech for Voice of America delivered on the first Law Day". http://www.abanet.org/publiced/lawday/rhyne58.html) 1958. 152 +Law and courts exist to protect every citizen of the United States in his person 153 +AND 154 +for any profession and that no greater service to mankind can be performed. 155 + 156 + 157 +===Adv 4: Police Brutality=== 158 + 159 + 160 +====1. The "clearly established" clause of qualified immunity allows police brutality to continue with no deterrence—limitation is needed.==== 161 +**Wright 15** Sam (public interest lawyer) "Want to Fight Police Misconduct? Reform Qualified Immunity" November 3^^rd^^ 2015 Above the Law http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/ JW 162 +Under ArrestRecently, police have been killing and otherwise abusing people of color with what 163 +AND 164 +want to see justice done, we should push to make it happen. 165 + 166 + 167 +====2. Qualified immunity sets a precedent for dismissal of civil rights suits, which maintains the legitimacy of the police state.==== 168 +**Carter 15** Tom (World Socialist Website) "US Supreme Court expands immunity for killer cops" International Committee of the Fourth International November 12^^th^^ 2015 169 +With the death toll from police brutality continuing to mount, the US Supreme Court 170 +AND 171 +idiots on the street chanting ‘time to kill a cop!’" 172 + 173 + 174 +====3. Police brutality undermines US diplomacy power.==== 175 +**Pullen 14** Bethany "The Achilles Heel of U.S. Public Diplomacy: Race Relations and Police Violence" http://uscpublicdiplomacy.org/blog/achilles-heel-us-public-diplomacy-race-relations-and-police-violence September 8^^th^^ 2014 JW 176 +It is a contradiction that has plagued America since the very beginning. It was 177 +AND 178 +by the State Department, nor any public commitment to promoting legislative changes. 179 + 180 + 181 +====4. Absent continued diplomacy, conflict becomes inevitable==== 182 +**Grygiel 8** Jakub (George H. W. Bush Associate Professor at The Paul H. Nitze School of Advanced International Studies) May 1^^st^^ 2008 "The Diplomacy Fallacy" American Interest http://www.the-american-interest.com/2008/05/01/the-diplomacy-fallacy/ 183 +These three conditions and current trends affecting them obviously do not suffice as a complete 184 +AND 185 +from recognition that a diplomatic solution to a conflict of interest is impossible. 186 + 187 + 188 +===Adv 5: Crime=== 189 + 190 + 191 +====Crime is high now—low trust in police is the root cause.==== 192 +**The Week 15** "Violent crime surges in US cities: is 'Ferguson effect' to blame?" June 3^^rd^^ 2015 http://www.theweek.co.uk/63860/violent-crime-surges-in-us-cities-is-ferguson-effect-to-blame JW 193 +Violent crime is increasing in several of the largest cities in the US, bucking 194 +AND 195 +do its job and for the community to do its part as well." 196 + 197 + 198 +====The plan is key to rebuilding trust between police and civilians offsetting the perception that police are unaccountable.==== 199 +**De Stefan 16** Lindsey De Stefan (J.D. Candidate, 2017, Seton Hall University School of Law; B.A., Ramapo College of New Jersey) ""No Man Is Above the Law and No Man Is Below It:" How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct" Law School Student Scholarship. Paper 850 2017 http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1861andcontext=student'scholarship JW 200 +Altering the qualified immunity doctrine is an excellent way to begin the path to restoring 201 +AND 202 +immediate way to rebuild trust and begin healing the citizen- police relationship. 203 + 204 + 205 +====Police legitimacy is nearing an irreversible collapse—rebuilding trust now is key.==== 206 +**Ryback 8/5** R.T. Ryback "Police, race and crime: We're not a point of no return on trust, but we're close" Star Tribune August 5^^th^^ 2016 http://www.startribune.com/police-race-and-crime-we-re-not-a-point-of-no-return-on-trust-but-we-re-close/389346501/ JW 207 +A few weeks ago, right after the shooting of Philando Castile and the Dallas 208 +AND 209 +parts of our cities where we have all failed to solve deeper issues. 210 + 211 + 212 +====Police legitimacy is key to preventing crime.==== 213 +**NIJ 16** National Institute of Justice "Race, Trust and Police Legitimacy" July 14^^th^^ 2016 http://www.nij.gov/topics/law-enforcement/legitimacy/pages/welcome.aspx JW 214 +Research consistently shows that minorities are more likely than whites to view law enforcement with 215 +AND 216 +factors, including the level of crime within one's neighborhood. ~~1~~ 217 + 218 + 219 +====SCENARIO ONE IS SOFT POWER:==== 220 + 221 + 222 +====The US has soft power now.==== 223 +**Nye 15** Joseph (Distinguished Service Professor, Harvard Kennedy School of Government; Author, Is the American Century Over?) "Charting the Next American Century" March 4^^th^^ 2015 Council on Foreign Relations http://www.cfr.org/united-states/charting-next-american-century/p36194~~#ER JW 224 +NYE: This is what I think is crucial, which is the United States 225 +AND 226 +or entity, that has as much soft power as the United States. 227 + 228 + 229 +====Lowering crime is key to maintaining soft power.==== 230 +**Falk 12** Richard (United Nations Special Rapporteur on Palestinian human rights) "When soft power is hard" Al Jazeera July 28^^th^^ 2012 http://www.aljazeera.com/indepth/opinion/2012/07/201272212435524825.html 231 +This unabashed avowal of imperial goals is the main thesis of the article, perhaps 232 +AND 233 +appear that the adage, "disease unknown, cure unknown", applies. 234 + 235 + 236 +====Soft power solves multiple existential threats.==== 237 +**Lagon 11** Mark P. (International Relations and Security Chair at Georgetown University's Master of Science in Foreign Service Program and adjunct senior fellow at the Council on Foreign Relations. He is the former US Ambassador-at-Large to Combat Trafficking in Persons at the US Department of State) "The Value of Values: Soft Power Under Obama" World Affairs Journal Sept/Oct 2011 http://www.worldaffairsjournal.org/article/value-values-soft-power-under-obama~~#ER 238 +Despite large economic challenges, two protracted military expeditions, and the rise of China 239 +AND 240 +and soft power better than the United States, something is seriously amiss. 241 + 242 + 243 +====SCENARIO TWO IS ECON:==== 244 + 245 + 246 +====The U.S. economy is on the brink of huge damages.==== 247 +**Whitefoot 16** John (editor at Lombardi Financial, specializing in low-priced investment opportunities. He contributes to Lombardi’s Profit Confidential and Daily Gains Letter newsletters. John has been a financial writer since the late 1990s and has written on everything from penny stocks to blue chip stocks to the broader issues that affect the stock market. John has profiled more than 1,000 low-priced stocks, researching and covering numerous sectors including health care, media, manufacturing, IT, education, hospitality, natural resources, and retail.) "This One Number Shows How Bad the U.S. Economy Really Is" Profit Credential May 8^^th^^ 2016 http://www.profitconfidential.com/economy/this-one-number-shows-how-bad-the-u-s-economy-really-is/ JW 248 +Has the U.S. Economy Really Recovered? Federal Reserve Chair Janet Yellen 249 +AND 250 +raise interest rates in June—maybe even for the rest of 2016. 251 + 252 + 253 +====Crime tanks economic growth—data proves.==== 254 +**Goulas 12** Eleftherios Goulas and Athina Zervoyianni (University of patras, Greece, Economy Department) "Economic Growth and Crime: Does Unicertainty matter?" April 2012 The Rimini Centre for Economic Analysis http://www.rcfea.org/RePEc/pdf/wp51'12.pdf 255 +Although there is a growing body of literature on the link between crime and macroeconomic 256 +AND 257 +may well be a further reduction in growth rates in the coming years. 258 + 259 + 260 +====Best statistical models show economic decline leads to conflict.==== 261 +**Royal 10** Jedediah (Director of cooperative threat reduction, US DoD) "Economic Integration, Economic Signaling and the Problem of Economic Crises" Economics of War and Peace: Economic, Legal and Political Perspectives, Ed. Goldsmith and Brauer 2010 p. 213-215 262 +Less intuitive is how periods of economic decline may increase the likelihood of external conflict 263 +AND 264 +not featured prominently in the economic-security debate and deserves more attention. - EntryDate
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... ... @@ -1,0 +1,103 @@ 1 +=JF 2017 Libertarianism AC= 2 + 3 + 4 +====I affirm ==== 5 +I will defend and spec whatever you want in CX but its not relevant to the aff 6 +I reserve the right to clarify 7 +There is an acceptable interp under which the aff lies so if topicality is an 8 +AND 9 +say that I can’t cross apply something because something else is indicting it. 10 + 11 + 12 +==Part 1: Framework== 13 + 14 + 15 +====I contend that libertarianism and respecting self ownership is the most important. ==== 16 + 17 + 18 +====1. All frameworks presuppose liberty. People can only be held responsible for unethical actions if they chose to do them, but choice itself requires that people can pick which actions to take without threat of force. For example, if someone holds a gun to my head and makes me steal someone’s apple, I am not truly culpable because I wasn’t free.==== 19 + 20 + 21 +====2. Moral uncertainty means you default to my framework - since things like physics have been consistently disproven intellectually, we can’t impose our conceptions of the good on people when we’re not sure we’re correct because absolute knowledge claims are often false.==== 22 + 23 + 24 +====3. Argumentative ethics – liberty is a priori justified by engaging in debate.==== 25 +**Kinsella** Stephen (Center for the Study of Innovative Freedom) "New Rationalist Directions in Libertarian Rights Theory" Journal of Libertarian Studies Vol. 12 No. 2 pp. 313-26 Fall 1996 http://papers.ssrn.com/sol3/papers.cfm?abstract'id=1018797 26 +The first rationalist argument that I will discuss is Hans- Hermann Hoppe's path- 27 +AND 28 +liberty undercut their own position as soon as they begin to state it. 29 + 30 + 31 +====Impact analysis:==== 32 + 33 + 34 +====Only freedom violations are relevant as in free speech causes X is insufficient. A) Freedom is a property of agency, not a consequence. Adding two circles doesn’t make anything more circular than it was before, just like two humans aren’t more free than one human. B) We can’t be culpable for consequences—they’re determined by external forces also means that consequences are irrelevant. To be clear the aff is means based not ends based.==== 35 +**Hegel 20** George Wilhelm Friedrich Hegel The Philosophy of Right 1820 36 +The will has before it an outer reality, upon which it operates. But 37 +AND 38 +adopt only the first consequences, since they alone lie in the purpose. 39 + 40 + 41 +====Actions causally contain the freedom to pursue a given end which requires freedom of speech.==== 42 +**Engstrom** Stephen (Professor of Ethics at UPitt) "Universal Legislation As the Form of Practical Knowledge" http://www.philosophie.uni-hd.de/md/philsem/engstrom'vortrag.pdf JW 43 +Kant holds that to set something as one’s end is to represent it in practical 44 +AND 45 +representation of an end there must correspond two components in the end itself. 46 + 47 + 48 +====Thus the standard is consistency with libertarian self ownership: Prefer additionally because ==== 49 + 50 + 51 +====1. All goods stem from liberty; It’s impossible to value without liberty; **Fried**^^ ^^** ====** http://www.law.harvard.edu/students/orgs/jlpp/Vol29_No1_Fried.pdf * Beneficial Professor of Law, Harvard University; Associate Justice, Supreme Judicial Court of Massachusetts, 1995-1999; Solicitor General of the United States, 1985–1989. This piece comprises Professor Fried’s notes for a chapter in a book on liberty that will be published in late 2006 by W.W. Norton. Beneficial Professor of Law, Harvard University; Associate Justice, Supreme, Judicial Court of Massachusetts, 1995 1999; Solicitor General of the United States, 1985-1989. This piece comprises Professor Fried’s notes for a chapter in a book on liberty that will be published in late 2006 by W.W. Norton. THE NATURE AND IMPORTANCE OF LIBERTY 52 + 53 +I would say that what is important about us, what makes us moral human beings, is our individual capacities to think, reason, choose, and value. It is what Kant called our freedom and rationality.2 Individuals, therefore, are the elementary particles of moral discourse. Our value is our taking individual responsibility for our lives, and our choices. And if a person is to count as a person and here we have the difficult questions about the beginning and the end of life then we are all equally valuable in this same way. It is from that base of our equal responsibility for ourselves that we choose our goods: that we choose what to make of the only life we will ever have. My liberty, then, is my ability to choose that life. No one has the right to interfere with that choice, except as it is to further his own good. But that good of the other is worth no more than mine because he is not worth any more than I am. There is, therefore, a right of mutual noninterference: an equal right. By the same token, nobody can interfere with or draft another person to help him achieve his own good if the other person has not chosen voluntarily to enlist in that campaign. 54 + 55 + 56 +====2. Self-ownership and liberty provides the necessary framework for action and exercise of reason, making it a starting point for ethics and a prerequisite to answering other ethical questions. Boaz^^ ^^ writes: 57 + David Boaz (Executive vice president, Cato Institute). “Libertarianism: A Primer.” Simon and Schuster. pp 61-62. 1997.==== 58 +Any theory of rights has to begin somewhere. Most libertarian philosophers would begin the argument earlier than Jefferson did. Humans, unlike animals, come into the world without an instinctive knowledge of what their needs are and how to fulfill them. As Aristotle said, man is a reasoning and deliberating animal; humans use the power of reason to understand their own needs, the world around them, and how to use the world to satisfy their needs. So they need a social system that allows them to use their reason, to act in the world, and to cooperate with others to achieve purposes that no one individual could accomplish. Every person is a unique individual. Humans are social animals—we like interacting with others, and we profit from it— but we think and act individually. Each individual owns himself or herself. What other possibilities besides self—ownership are there? • Someone – a king or a master race – could own others. Plato and Aristotle did argue that there were different kinds of humans, some more competent than others and thus endowed with the right and responsibility to rule, just as adults guide children. Some forms of socialism and collectivism are—explicitly or im- plicirly—-based on the notion that many people are not compe- ' tent to make decisions about their own lives, so that the more talented should make decisions for them. But that would mean there were no universal human rights, only rights that some have and others do not, denying the essential humanity of those who are deemed to be owned. • Everyone owns everyone, a fully-fledged communist system. In such a system, before anyone could take an action, he would need to get permission from everyone else. But how could each other person grant permission without consulting everyone else? You’d have an infinite regress, making any action at all logically impossible. ln practice, since such mutual ownership is impossible, this system would break down into the previous one: some- one, or some group, would own everyone else. That is what happened in the communist states: the party became a dictato- rial ruling elite. Thus, either communism or aristocratic rule would divide the world into factions or classes. The only possibility that is humane, logical, and suited to the nature of human beings is self-ownership. Obviously, this discussion has only scratched the surface of the question of self-ownership; in any event, I rather like Jefferson’s simple declaration: Natural rights are self-evident. 59 + 60 + 61 +====AND: It is impossible to use consequentialist grounds on the topic and it is not relevant to the framework if we cause allegedly more violations of freedom because its impossible to weigh in terms of free speech Goldberg 16:==== 62 + 63 + 64 +**====FREE SPEECH CONSEQUENTIALISM Author(s): Erica Goldberg Source: Columbia Law Review, Vol. 116, No. 3 (APRIL 2016), pp. 687-756 Published by: Columbia Law Review Association, Inc. Stable URL: http://www.jstor.org/stable/43783393 Accessed: 15-12-2016 06:32 UTC Oakwood AW====** 65 +Any kind of balancing test that determines whether speech may be constitutionally regulated poses serious challenges to foundational First Amendment principles. The very act of balancing tends to be both subjective and indeterminate - it is difficult to quantify the relevant harms and benefits, and it is equally difficult to sensibly weigh them against one another. In the context of the First Amendment, balancing has the potential to undermine strong free speech protections and our neutral principles underlying the First Amendment. Courts should thus avoid determining whether balancing harms caused by speech against the harms to speech can regulate speech. 66 + 67 + 68 +==Part 2: Offense== 69 + 70 + 71 +===Contention: Freedom Violations=== 72 + 73 + 74 +====1. Removing restrictions prevents prohibiting speech which is an essential freedom—restrictions in the status quo prevent people from acting on their agency no matter how miniscule the restrictions is. ==== 75 +**Lambert 16** (Saber, writer @ being libertarian, "The Degradation of Free Speech and Personal Liberty," April 9, 2016, https://beinglibertarian.com/the-degradation-of-free-speech-and-personal-liberty///LADI) 76 +Many individuals in society claim that they live in a free nation full of individual 77 +AND 78 +is often paralleled to a form of dictatorship – no matter how miniscule. 79 + 80 + 81 +====2. Turns social justice arguments—lack of free speech re-create the majority/minority divide that means the minority loses out on having their voice heard which is an infringement on their liberty. ==== 82 +**Cartwright 3** (Will, "Mill on Freedom of Discussion," Richmond Journal of Philosophy 5 (Autumn 2003), http://www.richmond-philosophy.net/rjp/back'issues/rjp5'cartwright.pdf//LADI) 83 +Though freedom of discussion was widely accepted even in Mill’s own day, he thinks 84 +AND 85 +balance of risks here makes this argument less persuasive than the other two. 86 + 87 + 88 +====3. Debate and discourse is never intrinsically violent so affirmation is easy. ==== 89 +**Anderson 6** — Amanda Anderson, Caroline Donovan Professor of English Literature and Department Chair at Johns Hopkins University, Senior Fellow at the School of Criticism and Theory at Cornell University, holds a Ph.D. in English from Cornell University, 2006 ("Reply to My Critic(s)," Criticism, Volume 48, Number 2, Spring, Available Online to Subscribing Institutions via Project MUSE, p. 285-287) 90 +Let's first examine the claim that my book is "unwittingly" inviting a resurrection 91 +AND 92 +is clearly, and indeed necessarily, significant room for further elaboration here. 93 + 94 + 95 +====4. Arguments aren’t harmful in-and-of themselves. The burden of rejoinder is necessary for dialogue to occur, and there’s always a risk something offensive could be said, which proves that dialogue and limits on speech are zero sum. ==== 96 +**Anderson 6** — Amanda Anderson, Caroline Donovan Professor of English Literature and Department Chair at Johns Hopkins University, Senior Fellow at the School of Criticism and Theory at Cornell University, holds a Ph.D. in English from Cornell University, 2006 ("Reply to My Critic(s)," Criticism, Volume 48, Number 2, Spring, Available Online to Subscribing Institutions via Project MUSE, p. 289) 97 +Probyn's piece is a mixture of affective fallacy, argument by authority, and bald 98 +AND 99 +of ideas, that your claim to injury somehow damns your opponent's ideas. 100 + 101 + 102 +==Underview== 103 +EXTEMP - EntryDate
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... ... @@ -1,0 +1,1 @@ 1 +Quads - Tournament
-
... ... @@ -1,0 +1,1 @@ 1 +Minneapple
- Caselist.RoundClass[10]
-
- EntryDate
-
... ... @@ -1,0 +1,1 @@ 1 +2016-11-04 22:23:02.0 - Judge
-
... ... @@ -1,0 +1,1 @@ 1 +NA - Opponent
-
... ... @@ -1,0 +1,1 @@ 1 +NA - Round
-
... ... @@ -1,0 +1,1 @@ 1 +Quads - Tournament
-
... ... @@ -1,0 +1,1 @@ 1 +Minneeapple
- Caselist.RoundClass[11]
-
- Cites
-
... ... @@ -1,0 +1,1 @@ 1 +12 - EntryDate
-
... ... @@ -1,0 +1,1 @@ 1 +2016-11-04 22:25:15.0 - Judge
-
... ... @@ -1,0 +1,1 @@ 1 +NA - Opponent
-
... ... @@ -1,0 +1,1 @@ 1 +NA - Round
-
... ... @@ -1,0 +1,1 @@ 1 +Quads - Tournament
-
... ... @@ -1,0 +1,1 @@ 1 +Minneapple
- Caselist.RoundClass[13]
-
- Cites
-
... ... @@ -1,0 +1,1 @@ 1 +14 - EntryDate
-
... ... @@ -1,0 +1,1 @@ 1 +2016-11-20 13:32:02.0 - Judge
-
... ... @@ -1,0 +1,1 @@ 1 +Matt Delateur - Opponent
-
... ... @@ -1,0 +1,1 @@ 1 +Newark Science BA - Round
-
... ... @@ -1,0 +1,1 @@ 1 +4 - Tournament
-
... ... @@ -1,0 +1,1 @@ 1 +Glenbrooks 2016
- Caselist.RoundClass[14]
-
- Cites
-
... ... @@ -1,0 +1,1 @@ 1 +15 - EntryDate
-
... ... @@ -1,0 +1,1 @@ 1 +2016-11-20 13:34:54.0 - Judge
-
... ... @@ -1,0 +1,1 @@ 1 +Leah Shapiro - Opponent
-
... ... @@ -1,0 +1,1 @@ 1 +Amos Alonzo Stagg BA - Round
-
... ... @@ -1,0 +1,1 @@ 1 +1 - Tournament
-
... ... @@ -1,0 +1,1 @@ 1 +Glenbrooks 2016
- Caselist.RoundClass[16]
-
- Cites
-
... ... @@ -1,0 +1,1 @@ 1 +16 - EntryDate
-
... ... @@ -1,0 +1,1 @@ 1 +2016-12-02 00:31:44.0 - Judge
-
... ... @@ -1,0 +1,1 @@ 1 +Scott Pettit - Opponent
-
... ... @@ -1,0 +1,1 @@ 1 +Rowland Hall AA - Round
-
... ... @@ -1,0 +1,1 @@ 1 +1 - Tournament
-
... ... @@ -1,0 +1,1 @@ 1 +Alta
- Caselist.RoundClass[17]
-
- Cites
-
... ... @@ -1,0 +1,1 @@ 1 +17 - EntryDate
-
... ... @@ -1,0 +1,1 @@ 1 +2016-12-16 19:11:47.0 - Judge
-
... ... @@ -1,0 +1,1 @@ 1 +David Umstot - Opponent
-
... ... @@ -1,0 +1,1 @@ 1 +Dulles AW - Round
-
... ... @@ -1,0 +1,1 @@ 1 +1 - Tournament
-
... ... @@ -1,0 +1,1 @@ 1 +Blake 2016
- Caselist.RoundClass[18]
-
- EntryDate
-
... ... @@ -1,0 +1,1 @@ 1 +2017-01-28 14:36:52.20 - Judge
-
... ... @@ -1,0 +1,1 @@ 1 +Varad Agarwala - Opponent
-
... ... @@ -1,0 +1,1 @@ 1 +Charlotte Catholic JS - Round
-
... ... @@ -1,0 +1,1 @@ 1 +3 - Tournament
-
... ... @@ -1,0 +1,1 @@ 1 +Emory