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... ... @@ -1,0 +1,32 @@ 1 +First, the judge as an adult ensures decisions made do not negatively impact abused children. Oppression faced by all beings is bad, including animals. Prefer a) Children do not have rights, which causes the abused children to be helpless in the eyes of societal law. b) Adults have obligations to prevent and mitigate the ongoing child abuse, Muhr 14: 2 +https://www.adn.com/author/adam-muhr 3 +Adam Muhr serves as manager of Alaska CARES, an outpatient clinic of Providence Alaska Medical Center that provides sexual and physical abuse evaluations for children. Our job as adults and health care professionals is to protect children and to maintain standards that keep children safe within our community and hospital. Sadly, even when hiring processes and background checks are correctly performed and policies for reporting abuse are properly followed, abuse may still occur. When we hear that a child has been harmed by sexual abuse we feel anger at the perpetrator. Our anger increases when we learn, as in many cases, the abuse happened more than once. According to the resource book "Children Can't Protect Themselves: It's Your Job," sexual abuse affects at least 20 percent of children in the United States. This is an alarmingly high number. As adults, we can all help reduce the prevalence of childhood sexual abuse. Children are vulnerable. It's our responsibility as adults to keep them safe. 4 +To clarify, my argument isn’t that child abuse is the worst form of oppression, but rather in decision making processes an adult has an obligation to ensure the decision made best benefits the abused child whom society voids basic rights. If we focus on other forms of oppression the abused child will never be helped, O’Neill 88 2 5 +(O'Neill. O., 1988, ‘Children's Rights and Children's Lives’, Ethics, 98: 445–463.) 6 +She is an Emeritus Professor of Philosophy at the University of Cambridge, a former President of the British Academy 1988–1989 and chaired the Nuffield Foundation 1998–2010.1 In 2003, she was the founding President of the British Philosophical Association (BPA) 7 +No doubt oppression takes its toll, and those who have been treated as dependent all their adult lives often lack confidence and are more subservient and less autonomous that they may become: but the potential for empowerment is there, and activity and agitation to claim rights that denied may itself builds confidence and autonomy. But the dependence of children is very different from the dependence of oppressed social groups on those who exercise power over them. Younger children are completely and unavoidably dependent on those who have power over their lives. Theirs is not a dependence which has been artificially produced (although it can be artificially prolonged); nor can it be ended merely by social or political changes, nor are others reciprocally dependent on children. 8 + The dependence of oppressed social groups, on the other hand, is often limited, artificially produced, reducible and frequently matched by the reciprocal dependence of the privileged on the oppressed, who provide servants, workers, and soldiers. It is not uprising that oppressors often try to suggest that they standing a parental relation to those whom they oppress: in that way they suggest that the latter’s dependence is natural and irremediable and their own exercise of power a burden which they bear with benevolent fortitude. The vocabulary and trappings of paternalism are often misused to mask the unacceptable faces of power. It is not mere metaphor, but highly political rhetoric, when oppressors describe what they do as paternalistic. 9 +The crucial difference between childhood dependence and the dependence of oppressed social groups is that childhood is a stage of life, from which children normally emerge and are helped and urged to merge by those who most power over them. Those with power over children’s lives usually have some interest in ending childish dependence. Oppressors usually have an interest in maintain the oppression of social group. Children have both less need and less capacity to exert “pressure from below,” and less potential for using the rhetoric of rights as a political instrument. 10 + 11 +Thus, the role of the ballot and judge is to vote for the better policy that protects the abused youth. More warrants: 12 +1. Children are particularly excluded and not considered relevant by academics, allowing willful ignorance of violence that costs them their lives. Only a focus on children as an important group can stop systemic structural violence – otherwise all oppression towards them is rendered unseen. GIROUX 2K: 13 +Public Pedagogy and the Responsibility of Intellectuals: Youth, Littleton, and the Loss of Innocence Henry A. Giroux. jac 20.1 (2000) 14 +Unfortunately, as the post-Littleton debate has clearly shown, educators in a variety of fields, including rhetoric and composition studies, have had little to say about how young people increasingly have become the victims of adult mistreatment, greed, neglect, and domination. The question of how young people experience, resist, challenge, and mediate the complex cultural politics and social spaces that mark their everyday lives does not seem to warrant the attention such issues deserve, especially in light of the ongoing assaults on minority youth of color and class that have taken place since the 1980s. Figures of youth and age circulate almost unnoticed. While educators in rhetoric and composition have learned to consider gender, race, class, and sexuality as part of a politics of education, they have not begun to think of youth as a critical category for social analysis or of the politics of youth and its implications for a radical democracy. The category of youth have has not yet been factored into a broader discourse on politics, power, and social change. In what follows, I attempt to address this lacunae in rhetoric and composition studies in particular and in educational theory in general by analyzing the current assault on youth, and I suggest that educators rethink the interrelated dynamics of politics, culture, and power as they increasingly erode those social spaces necessary for providing young people with the intellectual and material resources they need to participate in and shape the diverse economic, political, and social conditions influencing their lives. I also attempt to develop a critical language that both engages youth as a critical category and offers suggestions for the political and pedagogical roles that educators might play in addressing the crisis of youth, which is itself part of the broader crisis ofpubliclife, and I maintain that understanding the crisis of youth must be central to any notion of literacy, pedagogy, and cultural politics. Central to the view developed here is the assumption that any viable notion of cultural politics must make the pedagogical more political because it is through the pedagogical force of culture that identities are constructed, citizenship rights are enacted, and possibilities are developed for translating acts of interpretation into forms of intervention. Pedagogy, in my view, is about putting subject positions in place and linking the construction of agency to issues of ethics, politics, and power. Recognizing the educational force of the cultural sphere also suggests making the political more pedagogical by addressing how agency unfolds within power-infused relations-that is, how the very processes of learning constitute the political mechanisms through which identities are produced, desires mobilized, and experiences take on specific forms and meanings. This broad definition of pedagogy is not limited to what occurs in institutionalized forms of schooling; it encompasses every relationship that young people imagine to be theirs in the world, where social agency is both enabled and constrained across multiple sites and where meanings enter the realm of power and function as public discourses. Cultural politics, in this instance, must include the issue of youth culture and can not longer be abstracted from considerations of what happens to the bodies and minds of young people at a time in history when the state is being hollowed out and policies of surveillance, regulation, and disciplinary control increasingly replace a welfare state that once provided minimal social services (food stamp programs, child nutrition programs, child health programs, funds for family planning) designed to prevent widespread poverty, suffering, and deprivations among large numbers of youth. Children have been made our lowest national priority, a fact that is most evident as social policy in this country has shifted from social investment to a politics of containment.2 The crisis of youth does not simply reflect the loss of social vision, the ongoing corporatization of public space, and the erosion of democratic life; it also suggests the degree to which youth have been "othered" across a wide range of ideological positions, rendered unworthy of serious analysis as an oppressed group, or deemed to be no longer at risk but rather to be a risk to democratic public life (see Stephens 13). Indifference coupled with demonization make an unholy alliance that fails to foreground the importance of children's agency and the role that young people can play in shaping a future that will not simply repeat the present, a present in which children are increasingly regarded as a detriment to adult society rather than as a valuable resource. 15 +2. Debate is a unique forum for high-schooler’s to advocate for children – children are denied participation due to the current structure of society. GODWIN 11: Children's Oppression, Rights and Liberation by Samantha Godwin 2011 16 +While childhood similarly marks a stage of life that each of us will pass through, it is unlike old age, excluded from the consideration in the majoritarian process. While all adult voters were once children, they will not become children again at some point in the future so they need not worry about the legal disadvantages of children being applied to them, whereas adults anticipate becoming elderly and therefore have a self-preservation motive to prevent discrimination against the elderly. Another obvious difference is simply that the elderly, unlike children, can vote, and in practice they vote disproportionately. Children are also de facto denied the right to assemble: their ability to travel to demonstrations or to political meetings can be restricted by their parents and truancy laws, with the state ready to use its police power to enforce parental authority if necessary. Access to the media is further curtailed not only because children lack the financial means to popularize their views but because they lack the legal rights to have the opportunity to acquire those means. 17 +Part 1: Counter Plan U.S. Department of Health and Human Service 13 Counter Plan Text: Limit qualified immunity in all instances except police investigation of child abuse in which, absolute immunity available under the state’s child abuse and neglect reporting act extends not only to making of initial report of child abuse, but also to the conduct giving rise to an obligation to report, such as collection of data, or observation, examination, or treatment of suspected victim performed in a professional capacity, and to subsequent communications between reporter and public authorities responsible for investigating or prosecuting child abuse. REPORT TO CONGRESS ON IMMUNITY FROM PROSECUTION FOR PROFESSIONAL CONSULTATION IN SUSPECTED AND KNOWN INSTANCES OF CHILD ABUSE AND NEGLECT June 2013 U.S. the solvency advocate, the U.S. Department of Health and Human Service 2, clarifies the need for this policy: 18 +(U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families Children’s Bureau) The reauthorization required the Secretary of Health and Human Services (HHS) to consult with experts in healthcare, law enforcement, education, and local child welfare administration, and examine how immunity from prosecution under state and local laws and regulations facilitate or inhibit individuals cooperating, consulting, or assisting in making good faith reports of suspected child abuse or neglect. The Secretary of HHS must submit a report to the Committee on Health, Education, Labor and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives with information about the study conducted and any recommendations for When Placing a Child in Emergency Protective Custody, Officers who become involved in a child abuse case through social services should consider all information that has been provided to them. Based on this information, officers should ask a basic question: “If we leave and obtain a court order to remove this child, is the child likely to be injured before we return?” If the answer is yes, then the officer should remove the child. All actions should be in accordance with State guidelines and departmental policy and procedure: Depending on the jurisdiction, the officer may be obligated to remove the child if direct disclosure of physical or sexual abuse is made, if such abuse is alleged, or if evidence of an abusive incident is present. Moreover, in most jurisdictions, State law allows an officer to decide to remove a child based on observation of the facts and judgment of the information given. In some situations an 19 +officer may remove a child because he or she feels that the child may suffer further physical or emotional harm or trauma or be hidden or abducted before a court order can be obtained. In some jurisdictions law enforcement may be called upon by child protective services to investigate allegations of child abuse, to officially place a child in emergency protective custody, or to assist with such placement. Officers in such situations need to know the laws in their State. they furtherFailure to understand their legally mandated r 20 +oles and responsibilities could result in: A child being left in a dangerous situation. A child being removed illegally. The officer and the department being placed in a situation of civil liability. However, if a mistake is to be made, it is better to err in the attempt to safeguard the physical well-being of the child. In jurisdictions where law enforcement has sole responsibility for deciding to remove a child from the home, the child is usually placed in the custody of the department of social services until a final determination regarding custody of the child can be made by the courts. Social services is responsible for placing the child in a licensed foster care facility. Officers 14 need to be aware of the legalities regarding parental rights and their responsibilities for providing written notification of the child’s removal. In most States it is not acceptable for law enforcement to take a child from one parent and place him or her in the custody of another parent or of a relative without a court order or verification of legal authority. Also, in most States the placement of a child in the custody of another individual is the sole responsibility of the department of social services and not law enforcement. However, if social services chooses to place the child in the custody of a parent or someone other than a licensed foster care facility, law enforcement should be aware of the jurisdiction’s policies and practices before participating in or agreeing to this placement. 21 +When it appears that a child is in danger of being harmed, or has already been seriously abused or neglected, a police officer can place the child in protective custody. Custody of the child is then transferred to CPS which places the child with a relative or in foster care. By law, a child can be kept in protective custody for no more than 72 hours, excluding weekends and legal holidays. If the child is not returned to the parents or some other voluntary arrangement made within 72 hours, the matter must be reviewed by a court. Four implications: a) The neg challenges class based oppression by supplying the ability for care to every child. b) Shows the plan shifts the current values of the state toward that of commitment to best aiding abused children. c) It is more beneficial for the child if the police are able to err on the side caution d) The negs implementation is that of a moral necessity in order to ensure abused youth best receive aid Part 2: Harms First roughly 20 of the population experiences childhood abuse: NCA (National Children’s Alliance) 13: 2013 National Abuse Statistics 22 +An estimated 679,000 children were victims of abuse and neglect (unique instances). 47 states reported approximately 3.1 million children received preventative services from Child Protective Services agencies in the United States. Children in the first year of their life had the highest rate of victimization of 23.1 per 1,000 children in the national population of the same age. Of the children who experienced maltreatment or abuse, nearly 80 suffered neglect; 18 suffered physical abuse; and 9 suffered sexual abuse. Just under 80 of reported child fatalities as a result of abuse and neglect were caused by one or more of the child victim’s parents. 23 +Second, victims of child abuse face increasing danger later in life: Child Welfare . Gov 13 24 +The impact of child abuse and neglect is often discussed in terms of physical, psychological, behavioral, and societal consequences. In reality, however, it is impossible to separate the types of impacts. Physical consequences, such as damage to a child’s growing brain, can have psychological implications, such as cognitive delays or emotional difficulties. Psychological problems often manifest as high-risk behaviors. Depression and anxiety, for example, may make a person more likely to smoke, abuse alcohol or drugs, or overeat. High-risk behaviors, in turn, can lead to long-term physical health problems, such as sexually transmitted diseases, cancer, and obesity. Not all children who have been abused or neglected will experience long term consequences, but they may have an increased susceptibility. 25 +The immediate physical effects of abuse or neglect can be relatively minor (bruises or cuts) or severe (broken bones, hemorrhage, or even death). In some cases, the physical effects are temporary; however, the pain and suffering they cause a child should not be discounted. Child abuse and neglect can have a multitude of long-term effects on physical health. NSCAW researchers found that, at some point during the 3 years following a maltreatment investigation, 28 percent of children had a chronic health condition (Administration for Children and Families, Office of Planning, Research and Evaluation ACF/OPRE, 2007). Below are some outcomes other researchers have identified: Abusive head trauma. Abusive head trauma, an inflicted injury to the head and its contents caused by shaking and blunt impact, is the most common cause of traumatic death for infants. The injuries Long-Term Consequences of Child Abuse and Neglect https://www.childwelfare.gov 4 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. Available online at https://www.childwelfare.gov/pubs/factsheets/long_term_consequences.cfm may not be immediately noticeable and may include bleeding in the eye or brain and damage to the spinal cord and neck. Significant brain development takes place during infancy, and this important development is compromised in maltreated children. One in every four victims of shaken baby syndrome dies, and nearly all victims experience serious health consequences (CDC, n.d.). Impaired brain development. Child abuse and neglect have been shown to cause important regions of the brain to fail to form or grow properly, resulting in impaired development. These alterations in brain maturation have long-term consequences for cognitive, language, and academic abilities and are connected with mental health disorders (Tarullo, 2012). Disrupted neurodevelopment as a result of maltreatment can cause children to adopt a persistent fear state as well as attributes that are normally helpful during threatening moments but counterproductive in the absence of threats, such as hypervigilance, anxiety, and behavior impulsivity Poor mental and emotional health. Experiencing childhood trauma and adversity, such as physical or sexual abuse, is a risk factor for borderline personality disorder, depression, anxiety, and other psychiatric disorders. One study using ACE data found that roughly 54 percent of cases of depression and 58 percent of suicide attempts in women were connected to adverse childhood experiences (Felitti and Anda, 2009). Child maltreatment also negatively impacts the development of emotion regulation, which often persists into adolescence or adulthood (MessmanMorre, Walsh, and DiLillo, 2010). Cognitive difficulties. NSCAW researchers found that children with substantiated reports of maltreatment were at risk for severe developmental and cognitive problems, including grade repetition (ACF/OPRE, 2012b). In its final report on the second NSCAW study (NSCAW II), more than 10 percent of school-aged children and youth showed some risk of cognitive problems or low academic achievement, 43 percent had emotional or behavioral problems, and 13 percent had both (ACF/OPRE, 2011). Social difficulties. Children who experience neglect are more likely to develop antisocial traits as they grow up. Parental neglect is associated with borderline personality disorders, attachment issues or affectionate behaviors with unknown/little-known people, inappropriate modeling of adult behavior, and aggression (Perry, 2012) 26 +Juvenile delinquency and adult criminality. Several studies have documented the correlation between child abuse and future juvenile delinquency. Children who have experienced abuse are nine times more likely to become involved Long-Term Consequences of Alcohol and other drug abuse. Research consistently reflects an increased likelihood that children who have experienced abuse or neglect will smoke cigarettes, abuse alcohol, or take illicit drugs during their lifetime. In fact, male children with an ACE Score of 6 or more (having six or more adverse childhood experiences) had an increased likelihood—of more than 4,000 percent—to use intravenous drugs later in life (Felitti and Anda, 2009). Abusive behavior. Abusive parents often have experienced abuse during their own childhoods. Data from the Longitudinal Study of Adolescent Health showed that girls who experienced childhood physical abuse were 1–7 percent more likely to become perpetrators of youth violence and 8–10 percent more likely to be perpetrators of interpersonal violence (IPV). Boys who experienced childhood sexual violence were 3–12 percent more likely to commit youth violence and 1–17 percent more likely to commit IPV (Xiangming and Corso, 2007) Four impacts: a) Outweighs aff offense on magnitude; giving child abuse investigators ability to better aid the child avoids chronic health conditions, cognitive disabilities, suicide, rates of crime, use of drugs, self-harm, and future chances of perpetrating abuse . b) Shows the necessity of the policing body, even if it’s not perfect it’s definitely better than the harms in the neg c) Means there is an infinite net disadvantage to waiting since it forces the abused to sit by defenseless during which they are continuously abused d) neg offense outweighs potential aff K impacts because the neg has immediate solvency. Part 3: Solvency First, the immediate removal of the alleged abused child instantly removes threats of abuse, and while the child’s safety is ensured an official thorough investigation can be conducted: Mason 9 27 +(Mason, Yvonne. "Fourth Amendment Rights." How Child Protection Services Buys and Sells Our Children. N.p., 20 Nov. 2009. Web. 26 Oct. 2016.) Education: After a 34 year absence, returned to college in 2004. Graduated with honors in Criminal Justice with an Associate’s degree from Lanier Technical College in 2006. 28 +Awards: Nominated for the prestigious GOAL award in 2005 which encompasses all of the technical colleges. This award is based not only on excellence in academics but also leadership, positive attitude and the willingness to excel in one’s major. 29 +"The right of the police to enter and investigate in an emergency . . . is inherent in the very nature of their duties as peace officers, and derives from the common law."16 However, in order to qualify for the "exigent circumstances" exception to probable cause there must be a showing of true necessity that is, an imminent and substantial threat to life, health, or property. "17 To put it another way, state actors making the search must have reason to believe that life or limb is in immediate jeopardy and that the intrusion is reasonably necessary to alleviate the threat.18 When a social worker or law enforcement officer seeks to enter a home, a parent should ask to see a search warrant. If no warrant has been issued, the social worker or law enforcement officer will be forced to decide whether there is imminent danger to a child inside in order to proceed into the home. Often, the social worker or law enforcement officer will not wish to make such a conclusion if there is no evidence. The state may then either close the investigation or obtain a warrant. Courts have held that the states temporary assertion of custodial authority in the face of a reasonably perceived emergency does not violate due process.70 "When a child's safety is threatened, that is justification enough for action first and hearing afterwards."71 Thus, while the courts have acknowledged that a parent's rights to retain care and custody over their children are fundamental, they have also held that the state has a compelling interest in the health and safety of its children which may justify interference with that care and custody.72 Most states provide that a child may be taken from the home if there is a reasonable belief that a child is in imminent danger.75 States differ on who may actually take physical custody, however. Some states allow a law enforcement officer or a social worker to take a child into emergency protective custody, and others allow only a law enforcement officer to do so. When a social worker or law enforcement officer seeks to take custody, a parent should ask to see a court order. If the social worker or law enforcement officer does not possess a court order they will be forced to determine whether the child is in imminent danger in order to proceed with the removal of the child into protective custody. Often a social worker or law enforcement officer will not wish to make such a conclusion and will leave the home. The investigation may be closed if there is no evidence of imminent danger, or the investigator may obtain a court order. In either case, the parent has forced the state to accord him/her due process before the removal of the child occurs. 30 + 31 +Second, the sooner the cause of abuse is removed, the better chance the child has at recovery: Web Md 16 32 +Early treatment gives an abused or neglected child the best chance for recovery. Treatment for the child The first step is to provide a safe environment to prevent further harm. The sooner this happens, the better the child's chance for physical and emotional recovery. This includes separating the child, as well as any other children in the household, from the person suspected of abuse. Any physical injuries will be treated, either in a hospital or at a doctor's office, depending on how serious they are. Counseling is always recommended for abused or neglected children. It usually focuses on: How they feel about themselves. Their past experiences. Fears and concerns they may have about the present and future. For very young children, counseling may involve play therapy. Treatment for parents or caregivers Parents or caregivers who have abused or neglected a child also need treatment. The type of treatment depends on the specific abuse that occurred. Some people need to learn more about how to raise and care for children. Others may need treatment for other serious problems, such as: Drug or alcohol abuse. Depression or other mental health problems. Low self-esteem. Violent behavior. Parents who have lost custody of their children can sometimes regain it. It depends on how bad the abuse or neglect was and how far they have come in realizing what their problems are and how to prevent them. In severe cases, the parent can see the child only when someone else is present. Sometimes a judge permanently ends the parent-child relationship. - EntryDate
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... ... @@ -1,0 +1,53 @@ 1 +A. Interpretation: 2 +Limit’ is defined by Merriam-Webster as: 3 +http://www.merriam-webster.com/dictionary/limit 4 +To curtail or reduce in quantity or extent. 5 + 6 + 7 +1 8 +Culpability NC 9 +I value morality. First, morality must address the nature of individual personhood and reasons for actions, Morse: Stephen Morse is a Ferdinand Wakeman Hubbell Professor of Law; Professor of Psychology and Law in Psychiatry at the University of Pennsylvania. “Rationality and Responsibility” 10 +In brief, the law’s concept of the person is a creature who acts for reasons and is potentially able to be guided by reason. Physical causes explain all the moving parts of the universe, but only human action can also be explained by reasons. It makes no sense to ask the winds or the tides or infrahuman species why they do what they do, but this question makes sense of and is central to our explanations of human behavior. When we want to know why an agent intentionally behaved as she did, we do not desire a biophysical explanation, as if the person were simply biophysical flotsam and jetsam. Instead, we seek the reason she acted, the desires and beliefs that formed the practical syllogism that produced intentional conduct. 11 +Only a conception of morality with an understanding of reasons for why people act is able to assess conduct. Just as we don’t place noteworthy blame on a hurricane for killing people, morality must account for the responsibility of its actors, Morse 2, Stephen Morse is a Ferdinand Wakeman Hubbell Professor of Law; Professor of Psychology and Law in Psychiatry at the University of Pennsylvania. “Rationality and Responsibility” 12 +The law’s concept of responsibility follows from its view of the person and the nature of law itself. Unless human beings are rational creatures who can understand the applicable rules and standards, and can conform to those legal requirements through intentional action, the law would be powerless to affect human behavior. Legally responsible agents are therefore people who have the general capacity to grasp and be guided by good reason in particular legal contexts. They must be capable of rational practical reasoning. The law presumes capability and that the same rules may be applied to all people with this capacity. The law We do does not presume that all people act for good reason all the time. It is sufficient for responsibility that the agent has the general capacity for rationality, even if the capacity is not exercised on a particular occasion. Indeed, it is my claim that lack of the general capacity for rationality explains precisely those cases, such as infancy or certain instances of severe mental disorder or dementia, in which the law now excuses agents or finds them not competent to perform some task. 13 +Thus the standard is consistency with individual capabilities. You can only be held to obligations if you are responsible for the reason those obligations are necessary and capable of performing them. Prefer the standard: 14 +1. Accounting for agent capacity is key to a functional theory of morality as different people necessitate different responsibilities for instance if I’m being mugged a policeman and an old lady should respond differently, otherwise morality would be self-defeating and devolve to nihilism since individuals couldn’t meet its requirements and it’d be a moot guide for action. 15 +2. Equality is part of all moral theories because otherwise moral discourse would be impossible as those considered lesser would be categorically excluded, making our moral knowledge skewed. And considering individual capabilities is key to equality since otherwise those who are less well-off will be perpetually held to more demanding standards they can never meet. 16 +Contention 17 +I contend that Limiting qualified immunity would make police officers liable for actions that they are not capable of acting otherwise or ethically culpable for. 18 +Subpoint A- Police officers often have to make split-second decisions in their line of work – it’s inevitable. McGuinness 02 19 +J. Michael McGuinness, Law Enforcement Use of Force: The Objective Reasonableness Standards under North Carolina and Federal Law, 24 Campbell L. Rev. 201 (2002). - http://scholarship.law.campbell.edu/cgi/viewcontent.cgi?article=1387andcontext=clr 20 +In a split second, officers are required to evaluate and employ force against criminal suspects to thwart apparent dangers to citizens and themselves.' ° The officer is often alone in this nightmare, like a "pedestrian in Hell."'" The officer's environment in use of force deci- 5. Saucier v. Katz, 533 U.S. 194, 206 (2001). 6. See Brown v. Gilmore, 278 F.3d 362, 370 (4th Cir. 2002); Schwartz, 2002 WL 312501; Volpe, 224 F.3d 72. 7. One of the three primary United States Supreme Court cases arose from North Carolina. See Graham v. Connor, 490 U.S. 386 (1989). In North Carolina, even investigations into alleged excessive force have generated high profile litigation. See In re Brooks, 143 N.C. App. 601, 548 S.E.2d 748 (2001), where an unprecedented ex parte procedure was used by the State Bureau of Investigation, but ultimately declared improper, to obtain confidential personnel and internal affairs files of officers without a warrant and without notice to the officers and opportunity to be heard. 8. See THOMAS T. GILLESPIE ET AL., Police Use of Force: A Line Officer's Guide (Varro 1998); DR. ALEXIS ARTWOHL and LOREN W. CHRISTENSEN, DEADLY FORCE ENCOUNTERS: WHAT Cops NEED TO KNOW TO MENTALLY AND PHYSICALLY PREPARE FOR AND SURVIVE A GUNFIGHT ( Penguin Press 1997). 9. See Saucier, 533 U.S. 194; Graham, 490 U.S. 386; Tennessee v. Garner, 471 U.S. 1 (1985). This trilogy provides the parameters for the typical use of force case. See Bd. of Comm'rs v. Brown, 520 U.S. 397 (1997)(reviewing governmental liability issues). 10. See Saucier, 533 U.S. 194; Park v. Shiflett, 250 F.3d 843, 853 (4th Cir. 2001); Anderson v. Russell, 247 F.3d 125, 129 (4th Cir. 2001); McLenagan v. Karnes, 27 F.3d 1002, 1007 (4th Cir. 1994). "An officer oftentimes only has a split second to make the critical judgment of whether to use his weapon." Ford v. Childers, 855 F.2d 1271, 1276 (7th Cir. 1988). 11. "The policeman's world is spawned of degradation, corruption and insecurity .... he walks alone, a pedestrian in Hell." WILLIAM A. WEsTLEY, VIOLENCE AND THE POLICE: A SOCIOLOGICAL STUDY OF LAW, CUSTOM and MORALITY V. (MIT Press 1970). "A police officer's life is always at risk, no matter how routine the assignment might seem." National Law Enforcement Officers Memorial Fund, Inc., Police Deaths Mount Nationwide, , at 1. "On average, one police officer dies within the line of duty nationwide every 54 hours." Id. "There are more than 3 McGuinness: Law Enforcement Use of Force: The Objective Reasonableness Standa Published by Scholarly Repository @ Campbell University School of Law, 2002 CAMPBELL LAW REVIEW decision-making is particularly unique because of the time pressures to act immediately without "armchair reflection"12 and because the lives of officers and bystanders are often at immediate risk. Many of these split second decisions by officers to employ force are correct, while some are mistaken. Under what circumstances does a mistaken belief that deadly force is necessary subject an officer to civil, criminal or civil rights liability? Generally, if the officer's mistaken belief is objectively reasonable under the circumstances, then the officer is not subject to any liability. The perceived danger must only be apparent, not actual, in order to justify the use of deadly force. North Carolina and federal law provide that where officers make reasonable mistakes, there is generally no liability. Professor Rubin of the Institute of Government at the University of North Carolina has observed that "despite its place in North Carolina jurisprudence, however, the excessive force element has been difficult to apply. The principle difficulty has been with distinguishing the requirement that the Defendant's force not be excessive, or unreasonable, from the reasonable belief requirement embodied" in the law. 13 Recent cases have clarified these issues, especially Saucier v. Katz, 14 where the Supreme Court reaffirmed recognition of the doctrine of mistaken beliefs in use of force cases 21 +Subpoint B- Culpability falls on the government and police departments for inadequate training of their officers when they make mistakes, they’re culpable, not the officer. Holland 15 Joshua Holland, Are We Training Cops to be Hyper-Aggressive Warriors, 2015 22 +What got less attention is that less than two weeks before the shooting, the officer who shot Crawford had been trained to respond to “active shooter situations” by shooting first and asking questions later.According to The Guardian, officer Sean Williams and his colleagues were “taught to keep in mind that ‘the suspect wants a body count’ and therefore officers should immediately engage a would-be gunman with ‘speed, surprise and aggressiveness.’” At that training, they were told to imagine that a crazed gunman was threatening their own relatives. Dispatchers led Williams and his partner to believe that an active-shooter situation was underway. Store surveillance videoshowed that Crawford was shot and killed just seconds after police made contact with him, and probably had no idea what was happening. They followed their training, acting with speed, surprise, and aggressiveness. Thanks in large part to pressure brought by Black Lives Matter activists, some police experts are calling for a complete overhaul in the way cops are trained, both as cadets and during the “in-service” training they receive over the course of their careers. There are no national standards for training police, and the amount and quality of their instruction varies from agency to agency. But a survey of 280 police departments conducted by the Police Executive Research Forum (PERF), a Washington, DC–based think tank, found that American cops are given extensive preparation for using violence, and very little guidance on how to avoid it. The median police recruit in the United States will receive 129 hours of instruction on defensive techniques and using his or her gun, baton, OC-spray, and Taser. That cadet will receive another 24 hours of scenario-based training, drilling on things like when to shoot or hold fire. The median trainee also gets 48 hours of instruction on constitutional law and his or her department’s use-of-force policies.But that same future police officer will receive only eight hours of training in conflict de-escalation. And despite the fact that a quarter of the 838 citizens shot dead by police this year showed symptoms of mental-health issues, according to The Washington Post, the median cadet gets only eight hours of training in crisis intervention. The study paints a similar picture with in-service training. A total of 59 percent of a cop’s time is spent on using their weapons or defending themselves. That’s more than four times as much time that he or she will spend on de-escalation and crisis intervention. Almost all of the agencies surveyed offer their cops continual training with firearms, but over a third offer zero in-service instruction on conflict de-escalation. 23 +2 24 +Cincinnati Model CP 25 + 26 +CP Text: Aff actors ought to adopt the Cincinnati Model of policing while maintaining qualified immunity – this entails 27 +A) Community problem-oriented policing 28 +B) A system that allows complaints against officers, and discipline for those officers 29 +C) Press conferences immediately following police shootings to communicate with the public 30 + 31 +Semeuls 15: Semeuls, Alana Contributor, The Atlantic “How to Fix a Broken Police Department.” The Atlantic. May 2015. 32 +Some of the changes were small: The police department vowed to hold a press conference within 12 hours of any officer-involved shooting and to provide information as well as camera footage from the event. It agreed to track officers who received an inordinate number of complaints or who violated policies, and take disciplinary action if needed. It established a Citizen Complaint Authority with investigative and subpoena powers over police. It adopted new use-of-force policies, changed guidelines on when to use chemical spray, and established a mental-health response team to deal with incidents in which a suspect may have mental-health problems. But those changes were tiny in contrast to what Herold and others say completely altered the department over the course of a decade: the adoption of a new strategy for how to police. The settlement agreement for the ACLU lawsuit, dubbed the Collaborative, required Cincinnati police to adopt community problem-oriented policing, or CPOP. The strategy required them to do fewer out-and-out arrests, and instead focus on solving the problems that cause people to commit crimes in the first place. 33 + 34 +You don’t get the perm: 35 +A) Textually competitive: The perm is irresolvable if you pass a policy that limits qualified immunity and maintains it at the same time. 36 +B) Functionally competitive: It’s impossible to maintain qualified immunity while limiting it at the same time. That’s incoherent. 37 +C) If I lose mutual exclusivity, any disad to the affirmative is a reason to vote on the CP. 38 + 39 +Problem oriented policing solves the ROOT CAUSE of poverty and stops police brutality. Semeuls 2 40 +Semeuls: Semeuls, Alana Contributor, The Atlantic “How to Fix a Broken Police Department.” The Atlantic. May 2015. 41 +Problem-oriented policing was developed in 1979 by Herman Goldstein, a University of Wisconsin professor, and was first adopted in Newport News, Virginia. Other police departments, such as Baltimore, have used the method and then abandoned it, said John Eck, a criminologist at the University of Cincinnati who helped the city adopt problem-oriented policing (which it calls Community Problem-Oriented Policing). The strategy suggests that police should not just respond to calls for service. It says they should also look for patterns in these calls to service, determine what is causing the patterns and then implement solutions to solve them, he said. If hospitals notice an inordinate number of emergency patients coming in with facial injuries due to glass beer bottles being broken over their heads in fights, as was the case in on British precinct, police work with the bottle manufacturer to make bottles are made out of material that won’t break, he said. If police notice a woman is a repeat victim of domestic violence because her partner breaks into her ground-floor apartment, they work with the landlord to move her to a higher floor, link her to a social-services agency and help her find free daycare so she doesn’t have to rely on her abusive spouse for help. In another example, when police noticed an increase in metal thefts in a neighborhood, they worked with property owners to paint their copper pipes green, posted signs about the pipes being painted green and then informed scrap yards of the program to gain support, which led to a reduction in copper thefts. The strategy requires that police intimately know members of the community and listen to their concerns, even if doing so doesn’t lead to arrests. It requires that they get out of their cars and walk the streets, and it requires that they reach out to partners they traditionally would battle, such as the owners of buildings in high-crime spots, or community groups like Legal Aid. New policing approaches come and go, seemingly every year, but leaders such as Herold say that problem-oriented policing differs in important ways from other strategies. Broken-windows policing, for example, holds that police can prevent bigger crimes by cracking down on disorder and small crimes in a neighborhood. But law-enforcement officers often end up just making a lot of arrests with broken-windows policing, instead of addressing the problems that lead to small or big crimes in the first place. Similarly, Compstat, which was pioneered in New York City in the 1990s, uses statistics and mapping to identify crime patterns and direct resources there. It’s been credited with lowering crime in New York City, but also criticized by some criminologists for focusing on the numbers of arrests different officers make, rather than on protecting residents with the help of community input. Hot-spots policing uses data to deploy officers to areas where crime and disorder are concentrated, but its effects are usually short-term because the approach rarely focuses on the causes of the crime, Eck said. “Most cops, in any organization, have seen the reform du jour come through, and it varies from wearing your hats in a certain way to something more sophisticated,” Eck told me. “Police chiefs come, polices chiefs go, just as dumb ideas come, dumb ideas go.” When I asked Eck how he knew that problem-oriented policing, which is also called problem-solving, isn’t just another fad, he admitted that sometimes he wonders the same thing. But when he tries to think of an alternative, he always comes back to the fact that unlike Compstat or other approaches, problem-solving deals with the complexity of what’s going on in a community. The police department, he says, is the only government institution that has a strong hierarchy and works around the clock, and so it can most effectively marshal resources and other departments to solve difficult problems. 42 +Few Implications: 43 +A) Solves the root cause of the aff, which means your perm is incoherent. Any risk of defense against the aff is a voting issue. 44 +B) The Semeuls evidence also points out multiple different methods of policing and addresses to why those don’t have any type of solvency. That’s the world after the aff even if you limit qualified immunity. 45 +C) The CP creates a spill-over effect. Outweighs aff on magnitude because the spillover the other departments is regressive which means it has exponential growth. 46 +Metastudy proves that problem oriented policing has empirically led to reduction in crime. Weisburd 10 47 +David Weisburd 2010 American Society of Criminology Hebrew University, George Mason University “Is problem-oriented policing effective in reducing crime and disorder http://www.smartpolicinginitiative.com/sites/all/files/POP20Weisburd_et_al.pdf 48 +As noted, we also collected pre/post studies that did not have a control or comparison condition. Typically, these studies examined official crime data before and after a POP intervention to determine how the POP project affected crime. These studies rarely took statistical steps to account for “history”—the idea that crime rates might be rising or falling independent of the specific POP project. We should note that these studies vary somewhat in methodological quality and not all can be categorized as “simple pre-post.”18 These studies also covered various problems that ranged from neighborhood disorder to homicide. As with our main analyses, responses also varied greatly but frequently included a combination of increased community involvement, targeted enforcement, and situational/environmental improvements (see Weisburd et al., 2008, for more information on each study). Thirty two of the 45 studies come from Goldstein or Tilley Award submissions. The fact that more than 70 of the studies are submissions for an award leads to a potential publication bias (Rothstein, 2008) or, rather, to a “nonpublication” bias. In our case, these nonpublished award submissions would be expected to be more positive than the published literature. We will address this issue later. In Figure 7, we use a bar graph to display the percent change in crime and disorder reported in each study. When more than one primary outcome was present in a study, we averaged to create a single outcome. The results are overwhelmingly in favor of POP effectiveness. Of our 45 pre/post studies, 43 report a decline in crime or disorder after the POP intervention. Thus, even though 32 of our studies were award submissions, and 31 of these showed a positive impact, 12 of our 13 other studies also reported a beneficial impact of POP. Only one study (Maguire and Nettleton, 2003) reported an increase in crime after using POP. The average percent change in crime across all studies was a sizeable 44.45 decrease. To account for variation in sample size (i.e., crime incidents or calls for service) between studies, we calculated a weighted average percent change by weighting each study by the in verse of its variance and assuming crime follows a Poisson distribution.19 With this sampling variance, we constructed a confidence interval around the percentage change for each study. A plot of proportion change with confidence intervals is presented in Figure 8. After weighting each study by the inverse of its variance, we recalculated the average percent change. Even with weighting, the average decrease in crime was still 32.49. Accordingly, although these before and after studies did not employ the methodological rigor of a randomized experiment, they did show consistently a substantial impact of POP on crime and disorder in both the award submissions and the published journal articles. 49 +Multiple reasons to prefer the study – definitely outweighs your analytics 50 +A) 32 of the 45 or over 70 of the studies come from Goldstein or Tilley Award submissions. That means there is no publication bias. 51 +B) The study accounted for multiple variables that could lead to changes in outcome, yet the resulting decrease stayed the same. 52 +C) Lastly, the study was compared to an inverse in variance meaning the chance of a flawed study is extremely low. 53 +3Overview: You should vote negative if I win sufficient solvency defense against the aff showing that it’s unlikely that there will be significant change. This is specifically more real world- policymakers do not take action if they know the effect will be minimal since there is always an opportunity cost to implementing a plan. There is always an innate time and opportunity disadvantage to doing any aff. - EntryDate
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... ... @@ -1,0 +1,69 @@ 1 +1. Burden Structure 2 +Burden 3 +The sufficient negative burden is to show there exists one instance where free speech ought not be constitutionally protected. This means you should frame all negative arguments as PICs out of the resolution- the affirmative has to show that we can make universal claims to every instance. 4 +Google Dictionary defines “not” as https://www.google.com/search?q=not+definitionandoq=not+definitionandaqs=chrome.0.0l6.2170j0j7andsourceid=chromeandie=UTF-8 “used with an auxiliary verb or “be” to form the negative.” 5 +Google Dictionary defines “any” as https://www.google.com/search?q=not+definitionandoq=not+definitionandaqs=chrome.0.0l6.2170j0j7andsourceid=chromeandie=UTF-8#q=any+definition “whichever of a specified class might be chosen.” 6 +So this means the resolution says we can not choose a case to restrict speech. Whatever case might be chosen should not be restricted. So to prove the resolution true, you should show that there does not exist a case where we restrict constitutionally protected speech, else you negate. This is the topical division of ground that’s most grammatically correct- any other interpretation is incorrect. 7 +Semantics Outweigh 8 +A. They have lexical priority. A pragmatic approach would say “I’ll give you a million dollars if 2+2=5.” Even though you want the money, the pragmatic approach only offers a reason to want the statement to be true, not an actual reason for it to be true. 9 +B. Being semantically in line controls the internal link to pragmatic benefits. 10 +Nebel 15 Jake “The Priority of Resolutional Semantics” vbriefly February 20th 2015 http://vbriefly.com/2015/02/20/the-priority-of-resolutional-semantics-by-jake-nebel/ 11 +1.1 The Topicality Rule vs. Pragmatic Considerations There is an obvious objection to my argument above. If the topicality rule is justified for reasons that have to do with fairness and education, then shouldn’t we just directly appeal to such considerations when determining what proposition we ought to debate? There are at least three ways I see of responding to this objection. One way admits that such pragmatic considerations are relevant—i.e., they are reasons to change the topic—but holds that they are outweighed by the reasons for the topicality rule. It would be better if everyone debated the resolution as worded, whatever it is, than if everyone debated whatever subtle variation on the resolution they favored. Affirmatives would unfairly abuse (and have already abused) the entitlement to choose their own unpredictable adventure, and negatives would respond (and have already responded) with strategies that are designed to avoid clash—including an essentially vigilantist approach to topicality in which debaters enforce their own pet resolutions on an arbitrary, round-by-round basis. Think here of the utilitarian case for internalizing rules against lying, murder, and other intuitively wrong acts. As the great utilitarian Henry Sidgwick argued, wellbeing is maximized not by everyone doing what they think maximizes wellbeing, but rather (in general) by people sticking to the rules of common sense morality. Otherwise, people are more likely to act on mistaken utility calculations and engage in self-serving violations of useful rules, thereby undermining social practices that promote wellbeing in the long run. That is exactly what happens if we reject the topicality rule in favor of direct appeals to pragmatic considerations. 12 +Contention 13 +Universal rules fail. Any application of rules can never be verified because rules are indeterminate, as they require prior knowledge to understand them, which can never be the basis for truth. 14 +Kripke Wittgenstein on Rules and Private Language” by Saul A. Kripke Harvard University Press Cambridge, Massachusetts 1982 15 +“Normally, when we consider a mathematical rule such as addition, we think of ourselves as guided in our application of it to each new instance. Just this is the difference between someone who computes new values of a function and someone who calls out numbers at random. Given my past intentions regarding the symbol ‘+’, one and only one answer is dictated as the one appropriate to ‘68+57'. On the other hand, although an intelligence tester may suppose that there is only one possible continuation to the sequence 2, 4, 6, 8,…, mathematical and philosophical sophisticates know that an indefinite number of rules (even rules stated in terms of mathematical functions as conventional as ordinary polynomials) are compatible with any such finite initial segment. So if the tester urges me to respond, after 2, 4, 6, 8, . . ., with the unique appropriate next number, the proper response is that no such unique number exists, nor is there any unique (rule determined) infinite sequence that continues the given one. The problem can then be put this way: Did I myself, in the directions for the future that I gave myself regarding plus ‘+’, really differ from the intelligence tester? True, I may not merely stipulate that plus ‘+’ is to be a function instantiated by a finite number of computations. In addition, I may give myself directions for the further computation of plus ‘+', stated in terms of other functions and rules. In turn, I may give myself directions for the further computation of these functions and rules, and so on. Eventually, however, the process must stop, with ‘ultimate’ functions and rules that I have stipulated for myself only by a finite number of examples, just as in the intelligence test. If so, is not my procedure as arbitrary as that of the man who guesses the continuation of the intelligence test? In what sense is my actual computation procedure, following an algorithm that yields ‘125’, more justified by my past instructions than an alternative procedure that would have resulted in ‘5'? Am I not simply following an unjustifiable impulse?" Of course, these problems apply throughout language and are not confined to mathematical examples, though it is with mathematical examples that they can be most smoothly brought out. I think that I have learned the term 'table' in such a way that it will to apply to indefinitely many future items. So I can apply the term to a new situation, say when I enter the Eiffel Tower for the first time and see a table at the base. Can I answer a sceptic who supposes that by `table' in the past I meant tabair, where a 'tabair' is anything that is a table not found at the base of the Eiffel Tower, or a chair found there? Did I think explicitly of the Eiffel Tower when I first `grasped the concept of' a table, gave myself directions for what I meant by `table'? And even if I did think of the Tower, cannot any directions I gave myself mentioning it be reinterpreted compatibly with the sceptic's hypothesis? Most important for the ‘private language’ argument, the point of course applies to predicates o f sensations, visual impressions, and the like, as well: “How do I know that in working out the series -f 2 I must write “ 20,004, 20,006” and not “ 20,004, 20,008” ? - (The question: “How do I know that this color is-‘red’?” is similar.)” (Remarks on the Foundations ofMathematics, I, §3.) The passage strikingly illustrates a central thesis of this essay: that Wittgenstein regards the fundamental problems o f the philo sophy of mathematics and of the ‘private language argument’ - the problem of sensation language ~ as at root identical, stemming from his paradox. The whole o f §3 is a succinct and beautiful statement o f the Wittgensteinian paradox; indeed the whole initial section of part I of Remarks' on the Foundations of Mathematics is a development o f the problem with special reference to mathematics and logical inference. It has been supposed that all Ineed to do to determine my use ofthe word ‘green’ is to have an image, a sample, of green that I bring to mind whenever I apply the word in the future. When I use this tojustify my application of‘green’to anew object, should not the sceptical problem be obvious to any reader of Goodman?14 Perhaps by ‘green’, in the past I meant grue,15 and the color image, which indeed was grue, was meant to direct me to apply the word ‘green’ tourne objects always. If the blue object before me now is grue, then it falls in the extension o f‘green’, as I meant it in the past. It is no help to suppose that in the past I stipulated that ‘green’ was to apply to all and only those things ‘of the same color as’ the sample. The sceptic can reinterpret ‘same color’ as same schmolor, l 6 where things have the same schmolor if . . .” (17-20) 16 +Even if the AC specifies instances where constitutionally protected speech is good, its still a universal application of those instances, since there are still instances that fall outsides of the rule. 17 +Dancy“Ethics Without Principles” by Jonathan Dancy 2004 18 + “But there are forms of holism that do not go so far as particularism. That is, we can accept the context-sensitivity, the variability, of reasons, but still suppose that there are the sorts of general truths about how reasons behave that might be expressed by moral principles. So even if we do reject Ross's position, there remains some distance to go before we get to particularism. Consider the following series of conditionals offered by Robert Brandom (2000: 88): 1. If I strike this dry, well-made match, then it will light. (this is p→q) 19 +2. If p and the match is in a very strong electromagnetic field, then it will not light. ((p and r)→−q) 20 +3. If p and r and the match is in a Faraday cage, then it will light. ((1 additions to the premises cannot make a good or cogent inference less good or cogent. Deductive reasoning is like this; an inference, once logically valid, remains so no matter what one adds as a premise (even if it be the negation of one of the original premises). Brandom's in the example is non- monotonic, since the cogent inference in (1) is reversed by the addition of the further consideration that the match is in a strong electromagnetic field. If one allows that this sort of thing can happen, is one therefore a holist in my sense? One would be a holist if the fact that I am striking a dry, well-made match is functioning as a reason for believing that it will light in the first case, but not in the second or the fourth. But Brandom is not trying to allude to that sort of possibility by his example. His point is rather the sort of phenomenon we find in chemistry: a feature may have a certain effect when alone, even though its combination with another feature will have the opposite effect. One could call this a ‘holistic’ point perfectly sensibly, but it is not holistic in my sense of that term. Holism in my sense is the claim that a feature which has a certain effect when alone can have the opposite effect in a combination. It is one thing to say, as Brandom does, that though a alone speaks in favour of action, a+b speaks as a whole against it; it is another to say that though a speaks in favour of action when alone, it speaks against action when in combination. The difference lies in what is doing the speaking against in cases where features are combined. In the former case (Brandom's) it is the combination; in the latter case (mine) it is the feature that originally spoke in favour. 21 +If there is an instance where speech would be bad, your framework auto-negates 22 +If they read non-ideal theory, that negatesthe burden from pappas- univeralism is bad- burden says aff intent is one of universalism 23 +For oppression affs Additionally, any case turn outweighs on particularity- root cause claims fail to understand specific instances of oppression and cannot guide action. 24 +Gregory Fernando Pappas Texas AandM University “The Pragmatists’ Approach to Injustice”, The Pluralist Volume 11, Number 1, Spring 2016. 25 +The pragmatists’ approach should be distinguished from nonideal theories whose starting point seems to be the injustices of society at large that have a history and persist through time, where the task of political philosophy is to detect and diagnose the presence of these historical injustices in particular situations of injustice. For example, critical theory today has inherited an approach to social philosophy characteristic of the European tradition that goes back to Rousseau, Marx, Weber, Freud, Marcuse, and others. Accord- ing to Roberto Frega, this tradition takes society to be “intrinsically sick” with a malaise that requires adopting a critical historical stance in order to understand how the systematic sickness affects present social situations. In other words, this approach assumes that¶ a philosophical critique of specific social situations can be accomplished only under the assumption of a broader and full blown critique of soci- ety in its entirety: as a critique of capitalism, of modernity, of western civilization, of rationality itself. The idea of social pathology becomes intelligible only against the background of a philosophy of history or of an anthropology of decline, according to which the distortions of actual social life are but the inevitable consequence of longstanding historical processes. (“Between Pragmatism and Critical Theory” 63)¶ However, this particular approach to injustice is not limited to critical theory. It is present in those Latin American and African American political philosophies that have used and transformed the critical intellectual tools of ¶ critical theory to deal with the problems of injustice in the Americas. For instance, Charles W. Mills claims that the starting point and alternative to the abstractions of ideal theory that masked injustices is to diagnose and rectify a history of an illness—the legacy of white supremacy in our actual society.11 The critical task of revealing this illness is achieved by adopting a historical perspective where the injustices of today are part of a larger historical narrative about the development of modern societies that goes back to how Europeans have progressively dehumanized or subordinated others. Similary, radical feminists as well as Third World scholars, as reaction to the hege- monic Eurocentric paradigms that disguise injustices under the assumption of a universal or objective point of view, have stressed how our knowledge is always situated. This may seem congenial with pragmatism except the locus of the knower and of injustices is often described as power structures located in “global hierarchies” and a “world-system” and not situations.12¶ Pragmatism only questions that we live in History or a “World-System” (as a totality or abstract context) but not that we are in history (lowercase): in a present situation continuous with others where the past weighs heavily in our memories, bodies, habits, structures, and communities. It also does not deny the importance of power structures and seeing the connections be- tween injustices through time, but there is a difference between (a) inquiring into present situations of injustice in order to detect, diagnose, and cure an injustice (a social pathology) across history, and (b) inquiring into the his- tory of a systematic injustice in order to facilitate inquiry into the present unique, context-bound injustice. To capture the legacy of the past on present injustices, we must study history but also seek present evidence of the weight of the past on the present injustice.¶ If injustice is an illness, then the pragmatists’ approach takes as its main focus diagnosing and treating the particular present illness, that is, the particular situation-bound injustice and not a global “social pathology” or some single transhistorical source of injustice. The diagnosis of a particular injustice is not always dependent on adopting a broader critical standpoint of society in its entirety, but even when it is, we must be careful to not forget that such standpoints are useful only for understanding the present evil. The concepts and categories “white supremacy” and “colonialism” can be great tools that can be of planetary significance. One could even argue that they pick out much larger areas of people’s lives and injustices than the categories of class and gender, but in spite of their reach and explanatory theoretical value, they are nothing more than tools to make reference to and ameliorate particular injustices experienced (suffered) in the midst of a particular and unique re- lationship in a situation. No doubt many, but not all, problems of injustice are a consequence of being a member of a group in history, but even in these cases, we cannot a priori assume that injustices are homogeneously equal for all members of that group. Why is this important? The possible pluralism and therefore complexity of a problem of injustice does not always stop at the level of being a member of a historical group or even a member of many groups, as insisted on by intersectional analysis. There may be unique cir- cumstances to particular countries, towns, neighborhoods, institutions, and ultimately situations that we must be open to in a context-sensitive inquiry. If an empirical inquiry is committed to capturing and ameliorating all of the harms in situations of injustice in their raw pretheoretical complexity, then this requires that we try to begin with and return to the concrete, particular, and unique experiences of injustice.¶ Pragmatism agrees with Sally Haslanger’s concern about Charles Mills’s view. She writes: “The goal is not just a theory that is historical (v. ahistori- cal), but is sensitive to historical particularity, i.e., that resists grand causal narratives purporting to give an account of how domination has come about and is perpetuated everywhere and at all times” (1). For “the forces that cause and sustain domination vary tremendously context by context, and there isn’t necessarily a single causal explanation; a theoretical framework that is useful as a basis for political intervention must be highly sensitive to the details of the particular social context” (1).13¶ Although each situation is unique, there are commonalities among the cases that permit inquiry about common causes. We can “formulate tentative general principles from investigation of similar individual cases, and then . . . check the generalizations by applying them to still further cases” (Dewey, Lectures in China 53). But Dewey insists that the focus should be on the indi- vidual case, and was critical of how so many sociopolitical theories are prone to starting and remaining at the level of “sweeping generalizations.” He states that they “fail to focus on the concrete problems which arise in experience, allowing such problems to be buried under their sweeping generalizations” (Lectures in China 53).¶ The lesson pragmatism provides for nonideal theory today is that it must be careful to not reify any injustice as some single historical force for which particular injustice problems are its manifestation or evidence for its exis- tence. Pragmatism welcomes the wisdom and resources of nonideal theories that are historically grounded on actual injustices, but it issues a warning about how they should be understood and implemented. It is, for example, sympathetic to the critical resources found in critical race theory, but with an important qualification. It understands Derrick Bell’s valuable criticism as context-specific to patterns in the practice of American law. Through his inquiry into particular cases and civil rights policies at a particular time and place, Bell learned and proposed certain general principles such as the one of “interest convergence,” that is, “whites will promote racial advantages for blacks only when they also promote white self-interest.”14 But, for pragma- tism, these principles are nothing more than historically grounded tools to use in present problematic situations that call for our analysis, such as deliberation in establishing public policies or making sense of some concrete injustice. The principles are falsifiable and open to revision as we face situation-specific injustices. In testing their adequacy, we need to consider their function in making us see aspects of injustices we would not otherwise appreciate.15 26 + 27 + 28 + 29 +2. Endowments DA 30 +College endowments are high now but college protests discourage endowments 31 +Hartocollis 8/4 Anemona Hartocollis, writer for NYT: August 4, 2016, “College Students Protest, Alumni’s Fondness Fades and Checks Shrink” New York Times Available at http://www.nytimes.com/2016/08/05/us/college-protests-alumni-donations.html?_r=0 32 +Scott MacConnell cherishes the memory of his years at Amherst College, where he discovered his future métier as a theatrical designer. But protests on campus over cultural and racial sensitivities last year soured his feelings. Now Mr. MacConnell, who graduated in 1960, is expressing his discontent through his wallet. In June, he cut the college out of his will. “As an alumnus of the college, I feel that I have been lied to, patronized and basically dismissed as an old, white bigot who is insensitive to the needs and feelings of the current college community,” Mr. MacConnell, 77, wrote in a letter to the college’s alumni fund in December, when he first warned that he was reducing his support to the college to a token $5. A backlash from alumni is an unexpected aftershock of the campus disruptions of the last academic year. Although fund-raisers are still gauging the extent of the effect on philanthropy, some colleges — particularly small, elite liberal arts institutions — have reported a decline in donations, accompanied by a laundry list of g5. Alumni from a range of generations say they are baffled by today’s college culture. Among their laments: Students are too wrapped up in racial and identity politics. They are allowed to take too many frivolous courses. They have repudiated the heroes and traditions of the past by judging them by today’s standards rather than in the context of their times. Fraternities are being unfairly maligned, and men are being demonized by sexual assault investigations. And university administrations have been too meek in addressing protesters whose messages have seemed to fly in the face of free speech. Scott C. Johnston, who graduated from Yale in 1982, said he was on campus last fall when activists tried to shut down a free speech conference, “because apparently they missed irony class that day.” He recalled the Yale student who was videotaped screaming at a professor, Nicholas Christakis, that he had failed “to create a place of comfort and home” for students in his capacity as the head of a residential college. A rally at New Haven Superior Court demanding justice for Corey Menafee, an African-American dining hall worker at Yale’s Calhoun College who was charged with breaking a window pane that depicted black slaves carrying cotton. Credit Peter Hvizdak/New Haven Register, via Associated Press “I don’t think anything has damaged Yale’s brand quite like that,” said Mr. Johnston, a founder of an internet start-up and a former hedge fund manager. “This is not your daddy’s liberalism.” “The worst part,” he continued, “is that campus administrators are wilting before the activists like flowers.” Yale College’s alumni fund was flat between this year and last, according to Karen Peart, a university spokeswoman. Among about 35 small, selective liberal arts colleges belonging to the fund-raising organization Staff, or Sharing the Annual Fund Fundamentals, that recently reported their initial annual fund results for the 2016 fiscal year, 29 percent were behind 2015 in dollars, and 64 percent were behind in donors, according to a steering committee member, Scott Kleinheksel of Claremont McKenna College in California. His school, which was also the site of protests, had a decline in donor participation but a rise in giving. At Amherst, the amount of money given by alumni dropped 6.5 percent for the fiscal year that ended June 30, and participation in the alumni fund dropped 1.9 percentage points, to 50.6 percent, the lowest participation rate since 1975, when the college began admitting women, according to the college. The amount raised from big donors decreased significantly. Some of the decline was because of a falloff after two large reunion gifts last year, according to Pete Mackey, a spokesman for Amherst. At Princeton, where protesters unsuccessfully demanded the removal of Woodrow Wilson’s name from university buildings and programs, undergraduate alumni donations dropped 6.6 percent from a record high the year before, and participation dropped 1.9 percentage points, according to the university’s website. A Princeton spokesman, John Cramer, said there was no evidence the drop was connected to campus protests. 33 +Education Accessibility Impact 34 +Schools with large endowments are able to recruit more low-income students which creates more material equalities on campus. 35 +Freedman 13 Josh Freedman, policy analyst in the Economic Growth Program at the New America Foundation, “Why American Colleges Are Becoming a Force for Inequality,” The Atlantic, May 16, 2013, http://www.theatlantic.com/business/archive/2013/05/why-american-colleges-are-becoming-a-force-for-inequality/275923/ 36 +Not all colleges, however, would need to raise tuition drastically to pay for a larger number of low-income students. Schools with large endowments can cover the shortfall in tuition by drawing money from these reserves. But keeping tuition constant and paying more from the endowment is only an option for schools with monstrous endowments. Many writers cite Amherst College as a success story, which has "aggressively recruited poor and middle-class students in recent years" and has increased its share of low-income students. But Amherst has a very large endowment for the size of its student body. Its strategy is only viable when backed with an endowment of more than three quarters of a million dollars per student from which it can draw additional funds to cover its costs while remaining competitive in its levels of spending. 37 +Protests decrease donations enrollments 38 +Woodhouse 15 ~Kellie Woodhouse, 11-23-2015, "How Do You Talk to the Alumni Who Hold the Purse Strings?," Slate Magazine, http://www.slate.com/articles/life/inside'higher'ed/2015/12/diversity'protests'on'campus'bad'for'alumni'donations.html 39 +As student groups throughout the nation demand more diversity on their campuses, administrators have to consider many constituencies, including students (those protesting and those not) and professors with a range of views. Yet one of the loudest groups isn’t even on campus. Alumni. As protests ripple through college campuses, alumni are far from shy in sharing their viewpoints and frustrations with their alma maters. Around the country, alumni responses to race protests are flooding presidents’ email inboxes and colleges’ social media accounts. And the heightened attention from alumni—who will sometimes threaten to cease philanthropic support if they’re unhappy with an institution’s direction—asks the question of whether the racial protests roiling college campuses throughout America also have the potential to negatively impact university fundraising. “It’s interesting to see how institutions react, and donors will eventually react to that reaction,” said David Strauss, a partner with the higher education consulting firm Art and Science. A lot of the colleges with protest movements—Yale, Harvard, and Brown universities, as well as many others—have a strong history of philanthropy. 40 +Endowments are key to education quality 41 +ACE 14 "Understanding College and University Endowments," American Council on Education, 2014 42 +An endowment is an aggregation of assets invested by a college or university to support its educational mission in perpetuity. An institution’s endowment actually comprises hundreds or thousands of individual endowments. An endowment allows donors to transfer their private dollars to public purposes with the assurance that their gifts will serve these purposes for as long as the institution continues to exist. An endowment represents a compact between a donor and an institution. It links past, current, and future generations. It also allows an institution to make commitments far into the future, knowing that resources to meet those commitments will continue to be available. Endowments serve institutions and the public by: Providing stability. College and university revenues fluctuate over time with changes in enrollment (tuition), donor interest (gifts), and public (largely state and federal) support. Although endowment earnings also vary with changes in financial markets and investment strategies, most institutions follow prudent guidelines (spending rates) to buffer economic fluctuations that are intended to produce a relatively stable stream of income. Since endowment principal is not spent, the interest generated by endowment earnings supports institutional priorities year after year. This kind of stability is especially important for activities that cannot readily be started and stopped, or for which fluctuating levels of support could be costly or debilitating. Endowments frequently support student aid, faculty positions, innovative academic programs, and medical research, and libraries. Leveraging other sources of revenue. In recent years, as the economy has been severely stressed, institutions have dramatically increased their own student aid expenditures, and endowments have enabled institutions to respond more fully to changing demographics and families’ financial need. It is not surprising that the colleges and universities with the largest endowments are also the ones most likely to offer need blind admission (admitting students without regard to financial circumstances and then providing enough financial aid to enable those admitted to attend). An endowment also allows a college or university to provide a higher level of quality or service at a lower price than would otherwise be possible. This has been especially important in recent years, particularly for publicly supported institutions that have experienced significant cuts in state support. Without endowments or other private gifts, institutions would have had to cut back even further on their programs, levy even greater increases in their prices to students, and/or obtain additional public funding to maintain current programs at current prices. WHAT DOES AN ENDOWMENT DO? An endowment links past, current, and future generations. It allows an institution to make commitments far into the future, knowing that resources to meet those commitments will continue to be available. Understanding College and University Endowments 3 Encouraging innovation and flexibility. An endowment enables faculty and students to conduct innovative research, explore new academic fields, apply new technologies, and develop new teaching methods even if funding is not readily available from other sources, including tuition, gifts, or grants. Such innovation and flexibility has led to entirely new programs and to important discoveries in science, medicine, education, and other fields. Allowing a longer time horizon. Unlike gifts expended upon receipt, an endowed gift keeps giving over time. Endowed institutions can plan strategically to use a more reliable stream of earnings to strengthen and enhance the quality of their programs, even if many years will be required to achieve some of their goals. By making endowed gifts, alumni and others take responsibility for ensuring the long-term well-being of colleges and universities; their gifts help enable future generations of students to benefit from a higher quality of education and allow these institutions to make even greater contributions to the public good. 43 +Endowments benefit disadvantaged students the most- they increase funds 44 +AAU 9 ~Association of American Universities, "MYTHS ABOUT COLLEGE AND UNIVERSITY ENDOWMENTS," January 2009 45 +MYTH: Universities are not using enough of their endowments to make college accessible and affordable for low- and middle-income students. The cost of a college education is much higher for all students than the tuition prices charged by institutions. For college and universities with sizable endowments, the difference is subsidized by earnings from their endowments. The extensive aid colleges and universities extend to students from low- and middle-income families, which often covers tuition, books and living expenses, helps ensure that a top-quality education remains a path to the American dream. Many institutions with significant endowments are making this dream possible by converting loans to grants and by makeing college free for thousands of low- and moderate-income students (students from families with incomes below $40,000, and in some cases below $60,000 or $70,000 a year). Some of these institutions are: the University of North Carolina at Chapel Hill; Emory University; Vanderbilt University; the University of Washington; Stanford University; the University of Maryland at College Park; Princeton University; the University of Florida; Yale University; the University of Pennsylvania; Indiana University; Harvard University; Texas AandM University; Columbia University; and the University of Virginia. At these and many other institutions, financial aid is not just for low-income students. Middle income students are also offered significant financial support to help make college affordable, including grant aid to help reduce post-graduation debt. In addition to financial aid, universities conduct a variety of outreach programs to attract low-income applicants. These extensive outreach efforts include sending school repsresentatives to low-income communities, paying for low-income high school students to visit the campus, and waiving application fees. 46 +Innovation Impact 47 +Endowments are key to college tech innovation – multiple warrants 48 +Leigh 14 Steven R. Leigh, dean of CU-Boulder’s College of Arts and Sciences, “Endowments and the future of higher education,” University of Colorado, Boulder College of Arts and Sciences, March 4, 2014, http://www.colorado.edu/artsandsciences/news-events/message-dean/endowments-and-future-higher-education 49 +These broad trends point directly to the need for CU-Boulder’s College of Arts and Sciences to increase endowment funding across the college. Endowments drive improvements in the quality of an institution and reflect alums, donors and supporters who recognize the importance of research universities in the 21st century. Endowed professorships are the first and most important component of increasing our academic quality. Named chairs recognize significant faculty achievements and help the university support faculty salary and research. CU-Boulder professors are among the most productive in the nation and are heavily recruited by competitors, including Harvard, Yale, Stanford, Cornell, Berkeley, Illinois, UC Irvine and many others. Often, these competitors offer our faculty endowed professorships, conferring prestige and research support. CU must provide its faculty with comparable support to be competitive. A second major area for endowments is student scholarships and, for graduate students, fellowships. A stable source of income that helps pay tuition is the most direct and effective way to offset the costs of education. Endowed scholarships are also effective recruiting tools for admitting the nation’s best to CU. Our dynamic programs, departments and majors are attracting more and more applicants, including the best in the nation. Like faculty support, endowed scholarships and fellowships confer prestige and, most importantly, allow students to focus entirely on academics without balancing jobs and worrying about future loan repayments. Finally, endowment funding for programs greatly enriches the institution, providing capabilities that are difficult to attain when tuition revenue provides the majority of funding. Institutions funded mainly by tuition must make sure that expenditures directly benefit students, which sometimes limits options for innovation and risk-taking. Programmatic funding enables faculty and students to take risks in their research and creative work. For example, in my own field, this might involve traveling to an unexplored region to prospect for human fossils or archaeological sites. Support for high-risk projects allows our faculty and students to develop new areas of knowledge, benefitting society by broadening the capacity of the institution to innovate. The future of higher education, including CU’s future, depends to a large degree on how successfully we can build major endowments. Ultimately, U.S. competitiveness and leadership in the global knowledge economy depends on this as well. For alums, donors and supporters, endowments indelibly affirm the importance of higher education and enduringly preserve its viability and vitality. 50 +Innovation solves great power war 51 +Taylor 04 Professor of Political Science, Massachusetts Institute of Technology (Mark, “The Politics of Technological Change: International Relations versus Domestic Institutions,” Massachusetts Institute of Technology, 4/1/2004 52 +Introduction Technological innovation is of central importance to the study of international relations (IR), affecting almost every aspect of the sub-field. First and foremost, a nation’s technological capability has a significant effect on its economic growth, industrial might, and military prowess; therefore relative national technological capabilities necessarily influence the balance of power between states, and hence have a role in calculations of war and alliance formation. Second, technology and innovative capacity also determine a nation’s trade profile, affecting which products it will import and export, as well as where multinational corporations will base their production facilities. Third, insofar as innovation-driven economic growth both attracts investment and produces surplus capital, a nation’s technological ability will also affect international financial flows and who has power over them. Thus, in broad theoretical terms, technological change is important to the study of IR because of its overall implications for both the relative and absolute power of states. And if theory alone does not convince, then history also tells us that nations on the technological ascent generally experience a corresponding and dramatic change in their global stature and influence, such as Britain during the first industrial revolution, the United States and Germany during the second industrial revolution, and Japan during the twentieth century. Conversely, great powers which fail to maintain their place at the technological frontier generally drift and fade from influence on international scene. This is not to suggest that technological innovation alone determines international politics, but rather that shifts in both relative and absolute technological capability have a major impact on international relations, and therefore need to be better understood by IR scholars. Indeed, the importance of technological innovation to international relations is seldom disputed by IR theorists. Technology is rarely the sole or overriding causal variable in any given IR theory, but a broad overview of the major theoretical debates reveals the ubiquity of technological causality. For example, from Waltz to Posen, almost all Realists have a place for technology in their explanations of international politics. At the very least, they describe it as an essential part of the distribution of material capabilities across nations, or an indirect source of military doctrine. And for some, like Gilpin quoted above, technology is the very cornerstone of great power domination, and its transfer the main vehicle by which war and change occur in world politics. Jervis tells us that the balance of offensive and defensive military technology affects the incentives for war. Walt agrees, arguing that technological change can alter a state’s aggregate power, and thereby affect both alliance formation and the international balance of threats. Liberals are less directly concerned with technological change, but they must admit that by raising or lowering the costs of using force, technological progress affects the rational attractiveness of international cooperation and regimes. Technology also lowers information and transactions costs and thus increases the applicability of international institutions, a cornerstone of Liberal IR theory. And in fostering flows of trade, finance, and information, technological change can lead to Keohane’s interdependence or Thomas Friedman et al’s globalization. Meanwhile, over at the “third debate”, Constructivists cover the causal spectrum on the issue, from Katzenstein’s “cultural norms” which shape security concerns and thereby affect technological innovation; to Wendt’s “stripped down technological determinism” in which technology inevitably drives nations to form a world state. However most Constructivists seem to favor Wendt, arguing that new technology changes people’s identities within society, and sometimes even creates new cross-national constituencies, thereby affecting international politics. Of course, Marxists tend to see technology as determining all social relations and the entire course of history, though they describe mankind’s major fault lines as running between economic classes rather than nation-states. Finally, Buzan and Little remind us that without advances in the technologies of transportation, communication, production, and war, international systems would not exist in the first place. 53 + Power wars cause extinction. 54 +FREEMAN 14 Chas W. Freehamn, served in the United States Foreign Service, the State and Defense Departments in many different capacities over the course of thirty years, past president of the Middle East Policy Council, co-chair of the U.S. China Policy Foundation and a Lifetime Director of the Atlantic Council, 9/13/14, “A New Set of Great Power Relationships,” 55 +We live in a time of great strategic fluidity. Borders are shifting. Lines of control are blurring. Long-established spheres of influence are fading away. Some states are decaying and dissolving as others germinate and take root. The global economic order is precarious. New economic and geopolitical fault lines are emerging. The great powers of North and South America are barely on speaking terms. Europe is again riven by geopolitical antagonisms. Ukraine should be a prosperous, independent borderland between the European Union and Russia. It has instead become a cockpit of strategic contention. The United States and Russia have relapsed into hostility. The post-Ottoman borders of West Asia and North Africa are being erased. Neither Europeans, nor Russians, nor Americans can now protect or direct their longstanding clients in the Middle East. Brazil, China, and India are peacefully competing for the favor of Africa. But, in the Indo-Pacific, China and Japan are at daggers drawn and striving to ostracize each other. Sino-American relations seem to be following US-Russian relations into mutual exasperation and intransigence. No one surveying this scene could disagree that the world would benefit from recrafting the relationships between its great powers. As President Xi Jinping has proposed, new types of relations might enable the great powers to manage their interactions to the common advantage while lowering the risk of armed conflict. This is, after all, the nuclear age. A war could end in the annihilation of all who take part in it. Short of that, unbridled animosity and contention between great powers and their allies and friends have high opportunity costs and foster the tensions inherent in military posturing, arms races, instability, and impoverishment. 56 + 57 + 58 + 59 +3. Cyberbullying DA 60 +Cyberbullying is protected by the first amendment. 61 +Aaron Short 14 (journalist for NY Post). “Cyberbullies Get First Amendment Protection”. NY Post, July 1, 2014. http://nypost.com/2014/07/01/cyberbullies-get-first-amendment-protection-from-court/ RC 62 +Bullies hiding behind computer screens now have the First Amendment to protect them. The state’s highest court on Tuesday struck down an Albany County law that criminalized cyberbullying, crimping government efforts to crack down on electronic harassment. In a 5-2 ruling, the Court of Appeals ruled that the local law was “overbroad” and trampled free-speech rights of online tormentors. “Although the First Amendment may not give defendant the right to engage in these activities, the text of Albany County’s law envelops far more than acts of cyberbullying against children by criminalizing a variety of constitutionally protected modes of expression,” the decision said. County legislators passed the law in response to an Albany-area teen who created a Facebook page to harass and embarrass classmates in 2010. The ruling will force New York City’s lawmakers to change tactics. “I’m not happy with the court’s decision,” said City Councilman Mark Weprin (D-Queens). “Your right to throw a punch ends at someone else’s nose and I think your right to post an insult should end where it affects a child’s mental state.” 63 +Anti-cyberbullying laws key to prevent cyberbullying – squo solves and checks off campus behavior 64 +Patchin 10. Justin W. Patchin, Professor of Criminal Justice in the Department of Political Science at the University of Wisconsin-Eau Claire, 09/28/10, "Cyberbullying Laws and School Policy: A Blessing or Curse?," Cyberbullying Research Center, http://cyberbullying.org/cyberbullying-laws-and-school-policy-a-blessing-or-curse 65 +Many schools are now in a difficult position of having to respond to a mandate to have a cyberbullying policy, without much guidance from the state about the circumstances under which they can (or must) respond. When folks ask me if I think there needs to be a “cyberbullying law” I basically respond by saying “perhaps – but not the kind of law most legislators would propose.” I would look for a law to be more “prescriptive” than “proscriptive.” By that, I mean I would like to see specific guidance from states about *how* and *when* schools can take action in cyberbullying incidents. Many states have taken the easy way out by simply passing laws saying effectively “schools need to deal with this.” Not only have they stopped short in terms of providing specific instructions or even a framework from which schools can evaluate their role, but they have not provided any additional resources to address these issues. Some states are now requiring schools to educate students and staff about cyberbullying or online safety more generally, but have provided no funding to carry out such activities. Unfunded mandates have become cliché in education, and this is just another example. Moreover, school administrators are in a precarious position because they see many examples in the media where schools have been sued because they took action against a student when they shouldn’t have or they failed to take action when they were supposed to. Schools need help determining where the legal line is. Many states already have existing criminal and civil remedies to deal with cyberbullying. Extreme cases would fall under criminal harassment or stalking laws or a target could pursue civil action for intentional infliction of emotional distress or defamation, to name a few. Bullying (whatever the form) that occurs at school is no doubt already subject to an existing bullying policy. To be sure, schools should bring their bullying and harassment policies into the 21st Century by explicitly identifying cyberbullying as a proscribed behavior, but they need to move beyond the behaviors that occur on school grounds or those that utilize school-owned resources. But in order to do this they need guidance from their state legislators and Departments of Education so that they draft a policy and procedure that will be held up in court. School, technology, and privacy lawyers disagree about what should (or must) be in a policy. It’s no wonder many educators are simply throwing their hands up. We really like New Hampshire’s recently passed bullying law, even though like other efforts it demands a lot from schools without a corresponding increase in resources. This section is key: “Bullying or cyberbullying shall occur when an action or communication as defined in RSA 193-F:3: … (b) Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil’s educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event.” This puts schools, students, and parents on notice that there are instances when schools can discipline students for their off campus behavior. It will take many years, though, before we will know if this law can be used as a model. Schools will need to pass policies based on the law; a school will then need to discipline a bully based on the new policy; then they will need to be sued; then the case will need to be appealed. Perhaps then the case will get to a significant enough court that it will matter. Hang on and see how it turns out. In the meantime, lobby your legislators to pass meaningful, prescriptive laws instead of laws that simply say “cyberbullying is wrong, now YOU do SOMETHING about it.” It’s election time, so I’m sure your local representative will be all ears… 66 + 67 +Cyberbullying ruins lives—it destroys a student’s ability to participate in school, causes self harm, and further abuse later in life. 68 +ETCB 16. “A Surprising Long-term Effect of Cyberbullying”. End To Cyber Bullying, 2016. http://www.endcyberbullying.org/a-surprising-long-term-effect-of-cyberbullying/ 69 +If someone repeatedly tells the victim online that he or she is worthless, useless, a waste of space or that he or she should kill themselves, soon the victim might – at least partially – begin to believe it. According to Psychcentral.com, signs that someone is experience low self-esteem include: • Self-critical or a negative opinion of themselves • Sensitivity to even constructive criticism • Fatigue, insomnia, headaches • Poor performance at school or work due to lack of trying or lethargy It is important for an individual to maintain a healthy self-esteem so that he or she can achieve in life. A cyberbullying victim may miss out on opportunities because the victim believes he or she is unworthy of achievement. It’s important to realize that these two effects go well beyond being in a bad mood and not liking something about oneself. Depression, Low Self-Esteem and Dating Abuse Research is inconclusive, but most would agree that people who are victimized in abusive dating relationships often choose those relationships because of their depression or low self-esteem. Findyouthinfo.gov states that past experience with stressful life events – cyberbullying, for example – can put someone at risk for entering an abusive dating relationship. This is especially true if the cyberabuse included abuse directed at a female victim’s sexuality, or lack thereof. Feelings of worthlessness and a negative outlook on life can throw a previously-cyberbullied victim into yet another abusive relationship. However, instead of faceless strangers and bullies dolling out abuse, it would be the victim’s significant other. Dating abuse can encompass many forms of abuse, including cyberabuse. According to Dosomething.com, other forms of abuse in dating relationships include: • Physical abuse – in the form of “hitting, punching, slapping, biting” and anything that causes physical pain. • Mental abuse – in the form of verbal putdowns and belittling. The abuser might call their victim names, “make threats, or accuse the other person of cheating.” • Emotional abuse – in the form of control over the victim’s “behavior, personality, and life.” • Sexual abuse – in the form of unwanted touching, pressuring the victim to have sex, or rape. It’s getting harder to track cyberbullying since most people make their online profiles and social networking pages private. Also, apps like Snapchat would allow cyberbullies to attack their victim and have the evidence wiped away within seconds. According to this tech expert, “Users are drawn to the impermanence of the site’s uploads and the anonymity that impermanence provides.” However impermanent the actual abusive message may be, the lasting effects of the abuse upon the psyche of the victim are anything but impermanent. - EntryDate
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... ... @@ -1,0 +1,23 @@ 1 +Tournament: Harvard | Round: 1 | Opponent: Princetown Unaffiliated EZ | Judge: Schnide 2 +The 1AC’s call for a system of representation papers over the systems of anti-blackness in the squo. 3 +Warren 15 Warren, Calvin. Assistant Professor at George Washington University, “Black Nihilism and the Politics of Hope”: The New Centennial Review, Vol. 15, No. 1, 2015, pp. 215–248 4 +For the black AND more anti-black violence. 5 + 6 + 7 +Warren 15 Warren, Calvin. Assistant Professor at George Washington University, “Black Nihilism and the Politics of Hope”: The New Centennial Review, Vol. 15, No. 1, 2015, pp. 215–248 8 +The politics of AND anti- black world. 9 + 10 + 11 +“Progress” does not exist, anti-black violence is only increasing as the very structures of anti-blackness only take new political forms. 12 +Warren 15 Warren, Calvin. Assistant Professor at George Washington University, “Black Nihilism and the Politics of Hope”: The New Centennial Review, Vol. 15, No. 1, 2015, pp. 215–248 13 +Perverse juxtapositions structure AND to black suffering. 14 + 15 + 16 +The alternative is political apostasy. The only ethical action is self-excommunication from metaphysical structures of violence. 17 +Warren 15 Warren, Calvin. Assistant Professor at George Washington University, “Black Nihilism and the Politics of Hope”: The New Centennial Review, Vol. 15, No. 1, 2015, pp. 215–248 18 +“The black nihilist AND of the plan. 19 + 20 + 21 +Fiat is illusory- colleges aren’t spurred into action by voting aff. The aff is merely addictive roleplay which breeds self-hatred- turns the case because it means the plan opens up a space for tyranny 22 +Antonio 95 (Nietzsche’s antisociology: Subjectified Culture and the End of History”; American Journal of Sociology; Volume 101, No. 1; July 1995, jstor,) 23 +According to Nietzsche, AND type of tyrant (Nietzsche 1986, pp. 137, 168; 1974, pp. 117-18, 213, 288-89, 303- - EntryDate
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... ... @@ -1,0 +1,21 @@ 1 +The 1AC desire to speak into the voids of society is only an illusion that we become too afraid to let go of. This type of account of subject hood prevents a relation to the world. We become slaves who have lost value to our own lives. 2 +Ballantyne (Andrew Ballantyne, Professor of Architecture at Newcastle University). "DELEUZE AND GUATTARI FOR ARCHITECTS". Thinkers for Architects, 2007. https://circuitdebater.wikispaces.com/file/view/deleuze+guattari+for+architects.pdf 3 +On the spectacularly AND of a tyrant. (Spinoza, 1677a, quoted by Deleuze, 1970, 25) 4 + 5 + 6 +These structures are rigid and prevent the subject’s relation to the world and becoming. 7 +Semetsky. Inna “Deleuze, Education, and Becoming”. Sense Publishers, 2006. 8 +The new image of AND grass than a tree” (Deleuze, 1995, p. 149). 9 + 10 + 11 +Vote negative to affirm the rhizome—we should reject hierarchies in favor of an approach to world in which there is not central power, but rather is able to branch off and create a new structure at anytime. It is the perfect means for becoming unpredictable. 12 +Semetsky 2. Inna “Deleuze, Education, and Becoming”. Sense Publishers, 2006. 13 +For Deleuze, all AND this very situation. 14 + 15 + 16 +The role of the ballot is to vote for who best methodologically engages in unintelligibility. 17 + 18 + 19 +The modern world consists through making all things encodable and understandable causing homogenization which destroys difference and produces meaninglessness. Unintelligibility allows us to retain possibility and prevents the disappearance of meaning. 20 +Jeremy Fernando, 2010 “The Suicide Bomber; And Her Gift of Death” 21 +When poetry "exposes AND impossibility of answering. - EntryDate
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... ... @@ -1,0 +1,22 @@ 1 +Agency, or the setting and pursuing of ends, is inescapable. 2 +Ferrero Luca Ferrero (University of Wisconsin at Milwaukee) “Constitutivism and the Inescapability of Agency” Oxford Studies in Metaethics, vol. IV January 12th 2009 pp. 6-8 3 +3.2 Agency is special AND closed under itself.15 4 + 5 +Analytics 6 + 7 +Freedom implies an innate right to determine the course of your actions. In the state of nature, might rather than right governs these judgments. Absent of a public authority, rights violations are inevitable. 8 +Varden “A Kantian Conception of Free Speech” by Helga Varden Chapter from: “Freedom of Expression in a Diverse World” edited by Deirdre Golash 2010 9 +“The first important AND anyone’s arbitrary choices.” (46-47) 10 + 11 +Thus, the standard is consistency with the omnilateral will. 12 + 13 +**And, prefer omnilateral will over any alternative Kantian interpretation- a public authority interpretation of Kantianism escapes objections of idealism by recognizing that freedom is not protected under idealized private constraints. 14 +Varden 2 “A Kantian Conception of Free Speech” by Helga Varden Chapter from: “Freedom of Expression in a Diverse World” edited by Deirdre Golash 2010 15 +“The second related AND on this view.” (47) 16 + 17 +And, according to Cornell Law, the Brandenburg v. Ohio U.S. Supreme Court decision maintains that seditious speech is protected by the First Amendment so long as it does not indicate an “imminent” threat. 18 +https://www.law.cornell.edu/supremecourt/text/395/444 19 + 20 +But, seditious speech is never compatible with an omnilateral will and must be restricted. The intent requires the right to destroy the state, which justifies the annihilation of all rights. 21 +Varden 3 “A Kantian Conception of Free Speech” by Helga Varden Chapter from: “Freedom of Expression in a Diverse World” edited by Deirdre Golash 2010 22 +“To understand Kant’s AND a public crime (6: 331).” (52 - EntryDate
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... ... @@ -1,0 +1,17 @@ 1 +Donations to colleges growing at rapid rate – survey of 983 colleges proves 2 +Lederman 16 Doug Lederman (editor, co-founder of Inside Higher Ed), "In Giving to Colleges, the One Percenters Gain," Inside Higher Ed, 1/27/2016 3 +The Council for AND than in 2015. 4 + 5 +Administrators need the ability to regulate speech to maintain donations 6 +Press and Student Nation ‘16 ALEX PRESS is a PhD student in sociology based in Boston. STUDENTNATION First-person accounts from student activists, organizers and journalists reporting on youth-oriented movements for social justice, economic equality and tolerance. “Silence on Campus: Contingent Work and Free Speech.” The Nation. February 17, 2016. https://www.thenation.com/article/silence-on-campus-contingent-work-and-free-speech/ 7 +Corporatization creates a AND who "promote hate." 8 + 9 +Funding cuts in the squo make endowments uniquely important for college funding, which is key to minority inclusion and turns the case. 10 +Mitchell 16 Michael Mitchell - Senior Policy Analyst. Michael Leachman - Director of State Fiscal Research. Kathleen Masterson - Research Assistant. “Funding Down, Tuition Up.” Center on Budget and Policy Priorities. August 15, 2016. http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up 11 +Years of cuts AND states to students. 12 + 13 +Schools with large endowments are able to recruit more low-income students which creates more material equalities on campus. 14 +Freedman 13 Josh Freedman, policy analyst in the Economic Growth Program at the New America Foundation, “Why American Colleges Are Becoming a Force for Inequality,” The Atlantic, May 16, 2013, http://www.theatlantic.com/business/archive/2013/05/why-american-colleges-are-becoming-a-force-for-inequality/275923/ 15 +Not all colleges AND its student body. 16 + 17 +Analytic - EntryDate
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... ... @@ -1,0 +1,29 @@ 1 +A. Interpretation: The aff must defend the right to housing as a negative right. To clarify, negative rights are a right to remain independent of some action, i.e. coercion and a positive right is more so an entitlement. The US is founded on negative rights. 2 +NICK SZABO 05. “Negative Rights and the US Constitution”. Unenumerated, Oct. 28, 2005. http://unenumerated.blogspot.com/2005/10/negative-rights-and-united-states.html RC 3 +Wikipedia has a AND we are entitled. 4 + 5 +B: 6 + 7 +C. Standards: 8 +1. Ground. 9 +2. Legal precision and field context. The American legal system is founded on negative rights—the courts have struck down any positive right to housing. 10 +Gezim Bajrami 13 (legal scholar). “Negative Constitutional Rights in America versus Positive Constitutional Rights in Other Democratic Nations and Why Our System Should Not Change”. Seton Hall University, 2013. RC 11 +In terms of AND United States government. 12 + 13 +Right defined as a claim which can be acted on by individuals without government assistance or coercion. That means the aff must defend a negative right, not a positive right. 14 +Yates explains the distinction between rights and entitlements 15 +Yates, Steven (Ass’t Prof of Philosophy, U of South Carolina). “Rights Versus Entitlements.” Foundation for Economic Education. 1 September 1994. https://fee.org/articles/rights-versus-entitlements/ 16 +In other words AND keep its promises. 17 + 18 +Voters: 19 +Vote on fairness. 20 +Vote on Jurisdiction. 21 + 22 +Drop the debater on T 23 +analtics 24 + 25 +Competing interps: 26 +analytics 27 + 28 +No RVIs: 29 +analytics - EntryDate
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... ... @@ -1,0 +1,59 @@ 1 +Constitution NC 2 +NC 3 +Goodness can only be attributed through the function of an agent. 4 +Smith 10 ON NORMATIVITY MICHAEL SMITH 2010 5 +“Thomson argues for AND goodness-fixing kind.” (2) 6 + 7 +Constitutivism defines the function of the object by the rules that govern the object. For example, a pawns function is to move forward because the rules of chest define the pawn by those rules. If the pawn moves sideways it ceases to be a pawn because being a pawn requires the object to move forward. 8 +And, we can only follow the constitutive rules of an institution, even if they interfere with the pragmatic or ultimate rules. 9 +Terry Nardin 1992 3. ”. Review of International Studies 4. International Ethics and International Law 5. 1/30/2016 6. http://www.jstor.org/stable/20097279 7. Professor of Political Science at the University of Singapore and 8. 19-30 10 +The first thing AND all government actors. 11 + 12 +Madison et al. US Constitution, Article VI. 13 +This Constitution, and AND to support this Constitution; 14 +Thus, the sufficient negative burden is to prove that the affirmative is inconsistent with the constitution. Prefer- 15 +1. Actor Specificity. The people in the government and citizens of the country change constantly, so for the U.S. to be anything at all, it must be constituted by its law. We can only conceptualize the US as an actor within the practice of Constitutionality, so this practice is the only source of its obligations. If it were obligated by some other norm to value something, then it wouldn’t be obligated as the U.S. to value it. 16 +2. Verifiability. Arguments that an end state is bad don’t generate a moral obligation for all actors to rectify it—obligations are relative to the agent in question. This means the NC severs the link between the desirability of an end state and the obligation of governments, which is what the resolution deals with. 17 + 18 +The Constitution’s Tenth Amendment outlines the balance of power for the United States. 19 +Lawson and Shapiro Kaitlyn Ridel, “How efficient is your state legislature? Nearly all are more effective than Congress.” Mar 10, 2016 – FiscalNote. 20 +by The Tenth Amendment’s simple language—“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”—emphasizes that the inclusion of a bill of rights does not change the fundamental character of the national government. It remains a government of limited and enumerated powers, so that the first question involving an exercise of federal power is not whether it violates someone’s rights, but whether it exceeds the national government’s enumerated powers. 21 +Housing must be a state’s right because it is neither delegated to the federal government nor prohibited to the States – therefore, it is reserved to the states. The Federal Government has no jurisdiction over the aff advocacy; if the aff plan gets passed, it’ll be declared rolled back as unconstitutional by the Supreme Court – aff gets no access to solvency. 22 + 23 +States CP 24 +CP 25 +Counterplan Text Resolved: The 50 United States and Washington, D.C. should guarantee the right to housing. 26 +Short Neb right shell 27 +Counterplan Text Resolved: The 50 states of the United States and Washington, D.C. should guarantee repeal all laws that repeal any laws that prohibit cohabitation. 28 +Sirmans et al 03, Stacy, and David Macpherson. "The state of affordable housing." Journal of Real Estate Literature 11.2 (2003): 131-156. 29 +It is generally accepted that, because housing market conditions can vary greatly across geographic areas, local planning agencies and governments have a greater understanding of the demographic and housing characteristics for their regions and, therefore, are in a better position to develop effective housing strategies. To better serve the housing needs for their jurisdictions, local governments have received greater flexibility from federal agencies in pursuing housing policies. The National Affordable Housing Act (NAHA) of 1990 that instituted the HOME program of housing block grants is a good example. This program allows local jurisdictions to develop housing programs that fit into broad categories. 30 +In order to develop effective housing programs, local governments should analyze local demographic and housing market data. This, coupled with their understanding of local housing problems, should allow them to better establish housing priorities and develop appropriate policies. 31 +State constitutions are more apt for ensuring a right to housing—the CP solves better than the aff. 32 +Kristen David Adams 08 (graduated from 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. She is a member of both Phi Beta Kappa and the Order of the Coif.). "Do we need a right to housing." Nev. LJ 9 (2008): 275. http://scholars.law.unlv.edu/cgi/viewcontent.cgi?article=1088andcontext=nlj RC 33 +If the preliminary question, “Do we need a right to housing?”, is answered in the affirmative, an important follow-up question becomes, “Where can such a right be found?” Because state constitutions often address housing, they may be a more promising source for a right to housing than the Federal Constitution would be.197 In making the argument that a right to housing is already beginning to emerge in the United States, especially at the state level, Florence Roisman shows how to piece together housing rights from existing rights to public assistance, child welfare, and shelter. 34 + 35 +Logistics Biz 36 +Local governments are more sensitive to cost and demographic and are thus more equipped to help. (also doubles as a solvency advocate). 37 +Sirmans et al 03, Stacy, and David Macpherson. "The state of affordable housing." Journal of Real Estate Literature 11.2 (2003): 131-156. 38 +It is generally accepted that, because housing market conditions can vary greatly across geographic areas, local planning agencies and governments have a greater understanding of the demographic and housing characteristics for their regions and, therefore, are in a better position to develop effective housing strategies. To better serve the housing needs for their jurisdictions, local governments have received greater flexibility from federal agencies in pursuing housing policies. The National Affordable Housing Act (NAHA) of 1990 that instituted the HOME program of housing block grants is a good example. This program allows local jurisdictions to develop housing programs that fit into broad categories. 39 +In order to develop effective housing programs, local governments should analyze local demographic and housing market data. This, coupled with their understanding of local housing problems, should allow them to better establish housing priorities and develop appropriate policies. Historically, a useful measure of local housing conditions is a household's housing cost burden (CB). This is the proportion of income needed to cover monthly housing costs. A household with housing cost burden above 30 is generally considered in hardship. Housing cost burdens above 50 are considered extreme and not maintainable. Nationally, HUD estimates the proportion of households with high (30) CBs and those with extremely high (50) CBs. These households receive priority in determining eligibility for housing assistance 40 +State constitutions are more apt for ensuring a right to housing—the CP solves better than the aff. 41 +Kristen David Adams 08 (graduated from 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. She is a member of both Phi Beta Kappa and the Order of the Coif.). "Do we need a right to housing." Nev. LJ 9 (2008): 275. http://scholars.law.unlv.edu/cgi/viewcontent.cgi?article=1088andcontext=nlj RC 42 +If the preliminary question, “Do we need a right to housing?”, is answered in the affirmative, an important follow-up question becomes, “Where can such a right be found?” Because state constitutions often address housing, they may be a more promising source for a right to housing than the Federal Constitution would be.197 In making the argument that a right to housing is already beginning to emerge in the United States, especially at the state level, Florence Roisman shows how to piece together housing rights from existing rights to public assistance, child welfare, and shelter. 43 +Feasibility 44 +The states have historically implemented policies to subvert housing discrimination. 45 +Orfield ’05 Orfield, Myron. "Land use and housing policies to reduce concentrated poverty and racial segregation." Fordham Urb. LJ 33 (2005): 877. // LHP MK 46 +This article recommends that land use and housing policies be marshaled to reduce residential racial segregation and concentrated poverty. Such policies should be statewide, or at least regional, in scope. Isolated policies will encourage leap-frog development that in turn will promote both sprawl and racial segregation. In response, this article reviews housing and land use policies that several states have enacted to increased the availability of affordable housing in metropolitan regions by countering sprawl and the effects of governmental fragmentation. It illustrates these approaches with case examples of the most promising approaches thus far attempted in the nation’s metropolitan regions, and summarizes the empirical and analytic research evaluating the effectiveness of these policies. The success of such policies is measured largely by the extent to which they increase the stock of affordable housing available to non-White and poor residents, and by their potential to reduce residential racial segregation. The examples presented are the most hopeful illustrations of approaches that states and metropolitan regions can adopt to counter the inequitable effects of sprawl and fragmentation. 12 Secondly, state legislatures must adopt a coordinated policy approach. This article uses Oregon’s comprehensive land use legislation is as a paradigmatic example of policies that effectively promote affordable housing and decrease urban sprawl. Other regional government policies that promote integration and reduce sprawl also serve as useful models. The nine policies that I believe are necessary to promote stable metropolitan living patterns are discussed in Part VI of this article. With the adoption of a regional approach to governance of development and the nine policies laid out below, metropolitan regions can work to reduce sprawl and promote integrated communities. 47 +States are capable of providing affordable housing, they just need to allocate more funding to do so. 48 +Cooper ’14. Emily Cooper et. Al 3, Rachel Bergquist, Kevin Martone, and Melany Mondello, April 2014, State Funded Housing Assistance programs, Technical Assistance Collaborative, http://www.tacinc.org/media/43566/State20Funded20Housing20Assistance20Report.pdf pg. 2 49 +Following advances in the treatment of mental illness during the second half of the 20th century, including psychopharmacological and community-based program interventions, increasing numbers of people with disabilities have had the opportunity to live in community-based settings. This was reinforced over the period by the growing consumer movement advocating the right and ability to live in community settings. Over time, states developed various residential treatment programs, primarily in the form of group homes or other facilities. The development and expansion of federal housing assistance programs, such as the Housing Choice Voucher program (formerly known as Section 8), also became a resource for low-income individuals. However, insufficient resources to house people combined with marginal services resulted in increasing rates of homelessness, incarceration, or admissions to local emergency departments and inpatient units. Beginning in the 1990s and continuing today, states are confronted with the integration mandate defined in the ADA and Olmstead and continued pressure from the consumer and advocacy voice; the lack of affordable housing, or more specifically the scarcity of federal housing assistance, is often cited as a primary barrier to community integration for people with disabilities. Unfortunately, the extent of the housing affordability crisis runs deep. The population served by the publicly funded mental health system tends to be extremely low income (ELI) with incomes below 30 of Area Median Income (AMI). There are more than 10 million ELI households in the United States7 – and non-elderly people with disabilities are disproportionately represented within this group. However, only 4.6 million ELI households, not even half, are served by federal mainstream housing resources, such as Housing Choice Vouchers. Many individuals with disabilities that fall into this group receive Supplemental Security Income (SSI). In fact, approximately 4.8 million adults with disabilities aged 18-64 received income from the SSI program in 2012, 1.7 million9 of whom were as a result of a mental disability.10 Nowhere in the United States can a person with a disability receiving SSI benefits afford housing at the Fair Market Rent.11 Without some form of rental assistance, there is little chance a person can secure decent housing integrated in the community. In response, states have increasingly had to develop alternatives to federal housing assistance to meet the affordable housing needs of low-income individuals and families, including those with mental illness and other disabilities, or who are homeless or at risk of homelessness. As will be described further in this report, these programs have been a useful tool for many people, but fall short of meeting the existing demand and have their own challenges 50 +Solvency NB’s 51 +1 SFHAPs target specific populations as opposed to a federal blanket policy. 52 +Cooper 2. Emily Cooper et. Al 3, Rachel Bergquist, Kevin Martone, and Melany Mondello, April 2014, State Funded Housing Assistance programs, Technical Assistance Collaborative, http://www.tacinc.org/media/43566/State20Funded20Housing20Assistance20Report.pdf pg. 2 53 +Despite the amount of funding that states allocate to SFHAPs, they are likely to fall short of demand. As a result, states are confronted with establishing tight eligibility criteria to target housing assistance to those most in need. States have developed SFHAPs for specific populations based on population-specific priorities. Only nine of the 77 state funded housing assistance programs target households based solely on their income. Rather, the majority of the programs are designed to serve households with specific characteristics, such as those who are homeless or at-risk of homelessness, or those who are disabled, victims of domestic violence, ex-offenders, and youth. For example, the Transitions Program in New Mexico provides housing vouchers for approximately 20 youth ages 18-21. Table 2 below documents the number of programs that serve distinct subpopulations. Note that a single program may serve multiple subpopulations, such as homeless people and people with disabilities. It is significant that a third of the SFHAPs target people with serious mental illness specifically; some programs even target a protected class of people such as those that are covered by a lawsuit or settlement agreement. For example, the Georgia Housing Voucher Program, operated by the Department of Behavioral Health and Developmental Disabilities, was established specifically for individuals with serious and persistent mental illness (SPMI) who are part of the Olmstead Settlement with the U.S. Department of Justice.12 Table 3 above lists those programs that are designed to meet the specific housing needs of people with serious mental illness. 54 +2 SFHAPs allow residents to choose where they live based off their needs ~-~-- empirically proven with disabled individuals. 55 +Cooper 3. Emily Cooper et. Al 3, Rachel Bergquist, Kevin Martone, and Melany Mondello, April 2014, State Funded Housing Assistance programs, Technical Assistance Collaborative, http://www.tacinc.org/media/43566/State20Funded20Housing20Assistance20Report.pdf pg. 2 56 +The majority of the Subsidy programs funded by states utilize a ‘tenant-based’ model, allowing the assisted household to locate housing of their choice in the community and receive help paying the rent (as long as the unit meets any established program standards). A smaller number of Subsidy programs, 8 (15), allow rental assistance to be provided using a ‘sponsor-based’ model. With sponsor-based rental assistance, agencies, usually nonprofit organizations, locate and rent housing units in the private market and then sublease the units to extremely low- and very low-income households. Sponsor-based assistance is often used when the target population has significant barriers to housing, such as criminal records or poor housing history. Fourteen (27) Subsidy programs allow rental assistance to be tied to a specific unit in an identified property, known as ‘project-based’ rental assistance. Some of these project-based programs were created as part of broader state initiatives to make more mainstream affordable units available to extremely low-income persons with disabilities. Similar to new HUD Section 811 Supportive Housing for Persons with Disabilities Project Rental Assistance (PRA) model, these state programs provide project-based or operating subsidies to the property, allowing for lower rents for tenants. It is also worth noting that three of the project-based programs provide state-funded public housing units. 57 +3 Radical policies like housing must be implemented at the state level before they can ever be considered on a national level, since states have more flexibility. 58 +Judis 13 John B. Judis. July 16, 2013. “Federal Government Is More Powerful Than State Government.” 59 +State governments are a key trial ground for national policies. States, or alliances of states, have attempted to nullify federal power, but the federal government has eventually prevailed, although in the case of Southern slavery, it took a four-year war for the federal government to do so. Beyond that, states have served as pockets of resistance or innovation, attempting to weaken federal laws, or to advance new legislation that the federal government is not yet ready to consider. On the left, states during the Progressive Era introduced economic legislation that the New Deal later adopted for the nation. That led Louis Brandeis to dub them “laboratories of democracy.” Recently, states have pioneered universal health insurance and climate change regulation. On the right, Republican governors are currently attempting to reduce the scope of the Affordable Care Act and to impose restrictions on abortion that undermine the Supreme Court’s ruling in Roe v. Wade. The question about these efforts, like those from the left during the Progressive Era efforts, is whether they can be expanded nationally. - EntryDate
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... ... @@ -1,0 +1,11 @@ 1 +Interpretation: The right to housing is a positive right. 2 +Velasquez et al 14 ~-~- Manuel Velasquez, Claire Andre, Thomas Shanks, S.J., and Michael J. Meyer. “Rights”. MARKKULA CENTER FOR APPLIED ETHICS, Aug. 8, 2014. https://www.scu.edu/ethics/ethics-resources/ethical-decision-making/rights/ RC 3 +Kant's principle is AND a negative right. 4 + 5 +1. Ground 6 + 7 +2. Field context 8 +Bo Bengtsson 01 (Uppsala University, Department of Government and Institute for Housing and Urban Research). “Housing as a Social Right: Implications for Welfare State Theory”. Nordic Political Science Association, 2001. RC 9 +The article contributes AND be seriously blurred. 10 + 11 +3. Limits - EntryDate
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... ... @@ -1,0 +1,16 @@ 1 +Any public is composited with a plurality of views. This creates a dilemma between accepting subjectivity or coercion. However, subjectivity is untenable. I can’t say, “the sky is blue, but I don’t believe it”, since I have already committed myself the truth of the statement by uttering the preceding statement. This leaves us with coercion, but this just begs the question of what “just” coercion is in the first place. 2 +Seyla Benhabib 96 (Turkish-American philosopher. She is Eugene Mayer Professor of Political Science and Philosophy at Yale University, and director of the program in Ethics, Politics, and Economics, and a well-known contemporary philosopher), ed. Democracy and difference: Contesting the boundaries of the political. Vol. 31. Princeton, NJ: Princeton University Press, 1996. RC 3 +In the last AND continue the battle. 4 + 5 +We solve this with deliberation—communicative action bridges the gap between public and private subjectivities, creating ethics. 6 +Hsin-I Liu 02 (University of Hong Kong). “HABERMAS ON NORMATIVE INTERSUBJECTIVITY: THE SOCIOLOGICAL AMBIVALENCE OF “PUBLIC COMMUNICATION”. 2002 http://www.portalcomunicacion.com/bcn2002/n_eng/programme/prog_ind/asp4.asp?id_pre=118 RC 7 +“In my view, AND implied in it.3” 8 + 9 +Moreover, governments represents the conclusion that people reach through deliberation since that determines what is “just” coercion. 10 +Seyla Benhabib 2 (Turkish-American philosopher. She is Eugene Mayer Professor of Political Science and Philosophy at Yale University, and director of the program in Ethics, Politics, and Economics, and a well-known contemporary philosopher), ed. Democracy and difference: Contesting the boundaries of the political. Vol. 31. Princeton, NJ: Princeton University Press, 1996. RC 11 +When delegitimation walks AND unfair and unjust. 12 + 13 +Thus, the standard is promoting deliberation. 14 +I contend that granting a right to housing forecloses public deliberation. Labeling housing as a right shuts down dialogue; it becomes a trump card that prevents us from discussing foundation of the issue. 15 +Fitzpatrick and Watts 10 ~-~- Suzanne Fitzpatrick and Beth Watts. "‘The Right to Housing’for Homeless People." Homelessness Research in Europe (2010): 105-122. RC 16 +First, and most AND least, highly arguable (Finch, 1979; Miller, 1999; Lukes, 2008). - EntryDate
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... ... @@ -1,0 +1,1 @@ 1 +2017-03-10 19:12:53.0 - Judge
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... ... @@ -1,0 +1,23 @@ 1 +Counterplan Text: The United States should take a needs based approach to housing. 2 + 3 +Competition: 4 + 5 +analytic 6 +analytic 7 + 8 +Only a needs-based approach can effectively solve neoliberal institutions. It’s empirically proven to be effective. 9 +Noonan 17, Jeff (Professor of Philosophy at the University of Windsor), and Josie Watson (clinical nursing Instructor at the University of Windsor). "Against Housing: Homes as a Human Life Requirement." Alternate Routes: A Journal of Critical Social Research 28 (2017). 10 +In these sorts AND the homelessness crisis. 11 + 12 +Rights based approaches to housing are extremely vague and inefficient when held to particular instances- guts solvency and proves needs based approaches do more for the oppressed. 13 +Noonan 17, Jeff (Professor of Philosophy at the University of Windsor), and Josie Watson (clinical nursing Instructor at the University of Windsor). "Against Housing: Homes as a Human Life Requirement." Alternate Routes: A Journal of Critical Social Research 28 (2017). 14 + The Universal Declaration AND satisfy their need. 15 + 16 +The rights based approach fails to account for neoliberal institutions and serves to cause an institutional orientation to property. 17 +Noonan 17, Jeff (Professor of Philosophy at the University of Windsor), and Josie Watson (clinical nursing Instructor at the University of Windsor). "Against Housing: Homes as a Human Life Requirement." Alternate Routes: A Journal of Critical Social Research 28 (2017). 18 +In February 2016 AND problem of homelessness. 19 + 20 +analytic 21 + 22 +Noonan 17, Jeff (Professor of Philosophy at the University of Windsor), and Josie Watson (clinical nursing Instructor at the University of Windsor). "Against Housing: Homes as a Human Life Requirement." Alternate Routes: A Journal of Critical Social Research 28 (2017). 23 +The first point AND to resolve them. - EntryDate
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... ... @@ -1,0 +1,1 @@ 1 +12,13,14 - EntryDate
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