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... ... @@ -1,121 +1,0 @@ 1 -Agamben, 2000 (Giorgio Agamben, professor of philosophy at the European Graduate School; “Means Without End,” Univ. Minnesota Press, 2000, pg. 133) 2 -Akuno, Kali. Operation Ghetto Storm: 2012 Annual Report on the Extrajudicial Killing of 313 Black People. April 7, 2013. 3 -Allen 2011 Jafari S., Assistant Professor of African American Studies and Anthropology at Yale University, ¡Venceremos?: The Erotics of Black Self-making in Cuba, p. 82-83 4 -Armacost, Barbara. “Qualified immunity: ignorance excused.” Vanderbilt Law Review, vol. 51, no. 583, 1998. 5 -Bedke, M.S. Dept of Philosophy, University of Arizona “Moral judgment purposivism: saving internalism from amoralism.” Philosophical Studies, 144: 189-209, 2009. 6 -Bergman, By Paul. "Formal Discovery: Gathering Evidence for Your Lawsuit." Nolo.com. N.p., n.d. Web. 01 Nov. 2016. 7 -Boardman, William S. “Coordination and the moral obligation to obey the law.” Ethics, vol. 97, no. 3, April 1987, pp. 546-557. 8 -Boersma, 5 (Jess Boersma teaches courses in Peninsular literatures, critical thought, and Spanish language at U of NC, “What About Schmitt? Translating Carl: Schmitt’s Theory of Sovereignty as Literary Concept”, published in Discourse, 27.2and3, Spring and Fall 2005, pp. 215-227 (Article), accessed 7/16/13, projectMUSE) 9 -Boys, Jos. “challenging the 'normal': towards new conceptual frameworks”, http://sowhatisnormal.co.uk.contentcurator.net/challenging 10 -Bradshaw, Tansy. “Frankenstein and the Social Model of Disability.” TansyBradshaw. February 21, 2015. Web. 11 -Brain VanDeMark, November, United States Naval Academy, 578 Annals 186 lexis) 12 -Brenner, Susan. Police Administration, Structures, Processes, and Behavior. CTI Reviews, 2016. 13 -Brooke, David. QandA Jurisprudence. New York: Routledge, 2015. 14 -Brown 9, Prof. of History and African and African-American Studies @ Harvard Univ., December 2009, "Social Death and Political Life in the Study of Slavery," American Historical Review, p. 1231-1249 15 -Butler 98 Judith. “Merely Cultural”. New Left Review Issue 227. Pg 36-7 16 -Canavan, 2011 – Assistant Professor @ Marquette University (Gerry; “Fighting a war you've already lost: Zombies and zombis in Firefly/Serenity and Dollhouse”; Science Fiction Film and Television Volume 4, Issue 2, Autumn 2011; Pg. 175-176; DOA: 7/19/15, ProjectMUSE || NDW) 17 -Catherine Mills is currently an ARC Future Fellow and Associate Professor of Bioethics in the Centre for Human Bioethics at Monash University. I was previously employed at University of Sydney, Australia, and have been Lecturer in Philosophy at University of New South Wales, and the Australian National University. I completed a PhD in Philosophy at the Australian National University. My main research interests lie in the areas of biopolitics and bioethics. “Playing with Law: Agamben and Derrida on Postjuridical Justice”, The Agamben Effect p. 23-24)/CW 18 -Catherine Mills, Professor in the Department of Philosophy at University of New South Wales, Internet Encyclopedia of Philosophy- Giorgio Agamben: Language and Metaphysics)http://www.iep.utm.edu/agamben/#H1 || LB 19 -Coburn, Robert C. Quals “A defense of ethical noncognitivism.” Philosophical Studies, vol. 62, no. 1, April 1991, pp. 67-80. 20 -David Mariott, “Black Cultural Studies”, Years Work Crit Cult Theory (2012) 20 (1): 37-66 21 -David N. Dorfman, Proving the Lie: Litigating Police Credibility, 26 Am. J. Crim. L. 455 (1999) 22 -Deleuze 2004 – (Gilles, thinker, Desert Islands and Other Texts 1953-1974, pg. 274-280 Originally published in Italian. "Relazione di Gilles Deleuze" and discussions in Armando Verdiglione, ed., Psicanalisi e Politica; Atti del Comvegno di studi tenuto a Milano l'8-9 Maggio 1973. Milan: Feltrinelli, 19-3, pp. 7-11, 17-21, 37-40, 44-45, 169-172. Abridged and edited.) 23 -Dowd, Joseph (Graduate Student of Philosophy at the University of California, Irvine). "Hoc aliquid: What makes an ought a moral ought?" 06 May 2011 24 -Dr. Dominic Corva, Professor in Department of Geography at University of Washington, Biopower and the Militarization of the Police Function”) https://www.academia.edu/298029/Biopower_and_the_Militarization_of_the_Police_Function || LB 25 -Educating Unruly Bodies: Critical Pedagogy, Disability Studies, and the Politics of Schooling, Nirmala Ervelles Educational Foundations, Leadership, and Technology Auburn University 2000 26 -Eisenberg, Theodore and Lanvers, Charlotte, "Summary Judgment Rates Over time, Across Case Categories, and Across Districts: An Empirical Study of Three Large Federal Districts" (2008). Cornell Law Faculty Publications. Paper 108. 27 -Emden 2009 J. Emden, Department of German Studies, Rice University. How to Fall into Carl Schmitt's Trap. July. 28 -Endres, Danielle. “The rhetoric of nuclear colonialism: rhetorical exclusion of American Indian arguments in the Yucca Mountain nuclear waste siting decision.” Communication and Critical/Cultural Studies, vol. 6, No. 1, March 2009. 29 -Epstein, 93 (Mikhail, 1993, “A Draft Essay on Russian and Western Postmodernism,” Postmodern Culture, S. C. Dobbs Professor of Cultural Theory and Russian Literature at Emory University, Professor of Russian and Cultural Theory at Durham University, UK, http://muse.jhu.edu.ezp2.lib.umn.edu/journals/postmodern_culture/v003/3.2epstein.html) 30 -Evan Bernick, 5-6-2015, "Why Do Police Get Immunity?,") https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/ || LB 31 -Evan, With Friends Like These...Carl Schmitt, Political Ontology, and National Socialism, PhD Student in Political Science, University of Virginia Graduate Student Conference, http://www.virginia.edu/politics/grad_program/print/Farr_gradconference09.pdf 32 -Ewa Plonowska Ziarek, Edited by Henry Sussman, 10-25-2012, "Impasses of the Post-Global: Theory in the Era of Climate Change, Vol. 2”) http://quod.lib.umich.edu/o/ohp/10803281.0001.001/1:11/~-~-impasses-of-the-post-global-theory-in-the-era-of-climate?rgn=div1;view=fulltext || LB 33 -Farr 9 Evan, PhD Student in Political Science. With Friends Like These...Carl Schmitt, Political Ontology, and National Socialism 34 -Farr, 9 35 -Feagin, Fmr President-American Sociological Association, (Systemic Racism: A Theory of Oppression, P. 9) 36 -Fiona Anne Kumari Campbell, The Great Divide: Ableism and Technologies of Disability Production, 2003 37 -Frank Jackson and Robert Pargetter, “Oughts, Options, and Actualism”, Philosophical Review, 1986 38 -Frank Jackson and Robert Pargetter, “Oughts, Options, and Actualism”, Philosophical Review, 1986 39 -Freeman, M. “Anthropology and the democratization of human rights.” The International Journal of Human Rights, vol. 6 no. 3, pp. 37-54, 2002. 40 -Galloway 12 - Phd in Literature, Associate professor in the Department of Media, Culture, and Communication at New York University (Alexander, http://itself.wordpress.com/2012/06/03/a-response-to-graham-harmans-marginalia-on-radical-thinking/, A response to Graham Harman’s “Marginalia on Radical Thinking”, June 3rd 2012) 41 -Gary L. Drescher (Visiting Fellow at the Center for Cognitive Studies at Tufts University, PhD in Computer Science from MIT). “Good and Real: Demystifying Paradoxes from Physics to Ethics.” Bradford Books. 5 May 2006. 42 -George, Yale Law Graduate, And Holds a B.A. in Philosophy from Emory. “Become What You Are”) 43 -Gibson 96 (Katharine, Julie, , human geography @ Australian National University, and Graham, geography @ U of Massachussets, 96 The End of Capitalism (As We Know It), p. 263-64, JT) 44 -Giorgio Agamben, professor of aesthetics at the University of Verona and author of ten books, titled: State Of Exception, pages 14-16 45 -Giorgio Agamben, Professor of Philosophy at the College International de Philosophie in Paris, “The State of Exception”, pg. 63 2005)roetlin 46 -Giorgio Agamben, smart dude; too smart for credentials; trust meh, “Homo Sacer: Sovereign Power and Bare Life” 2004) || LB 47 -Giorgio, PhD in philosophy and professor of philosophy at the European Graduate School, University of Minnesota Press, “Means without End: Notes on Politics”, Theory out of Bounds Volume 20 p.42-43, 1996, http://monoskop.org/images/3/3c/Agamben_Giorgio_Means_without_end_notes_on_politics_2000.pdf, 7/19/15 48 -Glaude 07 (Eddie is a William S. Tod Professor of Religion and African American Studies, Department of Religion, and Chair, Center for African American Studies at Princeton, “In a Shade of Blue: Pragmatism and the Politics of Black America,” p. x-xii)cc 49 -Gonick, Lev and Isaac Prilleltensky. “Polities change, oppression remains: on the psychology and politics of oppression.” Political Psychology, vol. 17, no. 1, March 1996, pp. 127-148. 50 -Halewood, Peter. “White men can’t jump: critical epistemologies, embodiment, and the praxis of legal scholarship.” Yale Journal of Law and Feminism, vol. 7, No. 1, 1995. 51 -Harvey, Kathryn. "Democratic Agonism: Conflict and Contestation in Divided Societies." EInternational Relations. School of Oriental and African Studies, 20 Oct. 2012. Web. 21 July 2016. 52 -Hassel, Diana. "Living a Lie: The Cost of Qualified Immunity." Mo. L. Rev 64 (1999): 123. 53 -Hatab, Louis I. Jaffe Professor of Philosophy and University Professor at Old Dominion University, 02 (Lawrence J., Prospects for a Democratic Agon: Why We Can Still Be Nietzscheans, The Journal of Nietzsche Studies, Issue 24, Fall, p. 132-147, CAF) 54 -Hawthorne, John (Prof of Phil @ Oxford) and Jason Stanley (Prof of Phil @ Rutgers). “Knowledge and Action.” The Journal of Philosophy 105.10 (2008). 55 -Henson, Clifford and Paul Dorasil. “Judging bias in competitive academic debate: the effects of region, side, and sex.” Contemporary Economic Policy, July 4, 2013. 56 -Hoppe, Hans-Hermann. The Economics and Ethics of Private Property, p. 334. 57 -http://countercurrentnews.com/2015/07/no-one-talking-about-the-real-reason-sandra-bland-was-arrested/ 58 -https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/ 59 -https://www.washingtonpost.com/posteverything/wp/2014/12/06/i-was-a-st-louis-cop-my-peers-were-racist-and-violent-and-theres-only-one-fix/?utm_term=.268f915e8907 60 -Hudson 13, Political Studies Department, University of the Witwatersrand, Johannesburg , South Africa, has been on the editorial board of the Africa Perspective: The South African Journal of Sociology and Theoria: A Journal of Political and Social Theory and Transformation, and is a member of the Johannesburg Workshop in Theory and Criticism, The state and the colonial unconscious, Social Dynamics: A journal of African studies, 2013 61 -Iréne Matthis, '4 (Associate Duke Prof, “Dialogues on Sexuality, Gender, and Psychoanalysis”, p. 108-109)roetlin 62 -J.K. Gibson-Graham, feminist economist, 1996, End of Capitalism 63 -JasonsConnections. “The Frankenstein Effect – Society is creating its own Monsters.” Jasonsconnection. Web. June 26, 2014. 64 -Joanna C. Schwartz. Acting Professor of Law, UCLA School of Law. "WHAT POLICE LEARN FROM LAWSUITS" 33 CARDOZO L. REV. (2010). 65 -John Larrivee ’10, Economist at Mount St. Mary’s University, Masters from the Harvard Kennedy school, PhD in economics from Wisconsin, 10 John, “A Framework For The Moral Analysis Of Markets,” 10/1, http://www.teacheconomicfreedom.org/files/larrivee-paper-1.pdf 66 -Jon Swaine, Oliver Laughland, Jamiles Lartey and Ciara McCarthy. “The counted police killings 2015 young black men.” The Guardian. 31 Dec 15. 67 -Joseph Barndt, Co-Director, Crossroads, DISMANTLING RACISM, 1991, p. 155-156 68 -Joshua Greene and Jonathan Cohen – 2004 Department of Psychology, Center for the Study of Brain, Mind, and Behavior, Princeton University, Princeton, NJ 08544, USA, “For the law, neuroscience changes nothing and everything,” Phil. Trans. R. Soc.Lond. B, November 2004. The Royal Society. 69 -Kade Crockford, "Militarization of Police and Racial Justice Gone Wrong: The Eurie Stamps Tragedy", ACLU, Speak Freely, 09/29/2015 70 -Katsafanas, Paul. “Deriving ethics from action: a nietzschean version of constitutivism.” Philosophy and Phenomenological Research, 83:3, pp. 620-660, November 2011. 71 -Kelly ’03 ~-~- Associate Professor and Director of Graduate Studies at UCONN. (Kristin A., Domestic Violence and the Politics of Privacy, ed. By K. Kelly. P. 55-56)FM 72 -Kelly, Kimbriell and Kimberly Kindy. “Thousands dead, few prosecuted.” The Washington Post, April 11, 2015. 73 -Kimoga, Joseph. “Conceptualizing ‘preoccupation’: evidence from attention-seeker questioning.” Journal of Curriculum Studies, vol. 42, no. 4, 2010. 74 -Kinports, Kit. “The Supreme Court’s quiet expansion of qualified immunity.” Minnesota Law Review Headnotes, 100:62, 2016. 75 -Knight . Society As, xx-xx-xxxx, "Mary Shelley’s Dehumanization of the Disabled," No Publication, http://eng181.dillon181.com/blog/frankenstein-tobin-siebers/mary-shelleys-dehumanization-of-the-disabled/ 76 -Krishna ‘93 Sankaran (Professor of Political Science at the University of Hawaii); Alternatives; v. 18, p. 400-401 nick 77 -Laura S. Harper Lawyer in Texas, Dallas "Battered Women Suing Police for Failure to Intervene: Viable Legal Avenues After Deshaney v. Winnibago County Department of Social Services." Cornell Law Review volume 75 issue 6 September 1990. 78 -Leong, Nancy. “The Saucier qualified immunity experiment: an empirical analysis.” Pepperdine Law Review, vol. 36:667, 2009. 79 -Lewis ’14 (Tyson Lewis, PhD in Educational Philosophy from UCLA, “Education as Free Use: Giorgio Agamben on Studious Play, Toys, and the Inoperative Schoolhouse”, May 7th, wcp) 80 -Lindeman, Kathryn M. AB, Mount Holyoke College, 2005; PhD in philosophy, University of Pittsburgh, 2014 “Grounding constitutivism.” Submitted to the Graduate Faculty of the Kenneth P. Dietrich School of Arts and Sciences in partial fulfillment of the requirements for the degree of Doctor of Philosophy, University of Pittsburgh, 2014. 81 -Logan, Wayne. “Police mistakes of law.” Emory Law Journal, vol. 61, no. 69, 2011. 82 -Losey, Ralph. "There Can Be No Justice Without Truth, And No Truth Without Search." E-Discovery Team. N.p., 31 Mar. 2013. Web. 1 Nov. 2016. 83 -Luen, Tan. “Knowledge management in the public sector: principles and practices in police work.” Journal of Information Science, vol. 27, no. 5, 2001. 84 -Massa 14- speaking of Frank Wilderson “Implications of Wilderson’s Afro-Pessimism” http://thehistoricalnerds.com/2014/12/16/implications-of-wildersons-afro-pessimism/#comments 85 -Mendieta, 4/25/2002 – associate professor of Philosophy at Stony Brook University (Eduardo, “‘To make live and to let die’ –Foucault on Racism”, American Psychological Association Central Division Meeting, p. 3-4)roetlin 86 -Michel, Society Must be Defended: Lectures at the College de France, 1975-1976, p. 254-257 Trans. David Macey 87 -Milchman teaches in the department of Political Science of Queens College of the City University of New York. He has published on Marxism, modern genocide, Max Weber, Heidegger, Foucault, and postmodernism. He has co-edited Postmodernism and the Holocaust, with Alan Rosenberg (Rodopi, 1998) and Martin Heidegger and the Holocaust, with Alan Rosenberg (Humanities Press, 1996), Alan is Associate Professor of Philosophy at Queens College of the City University of New York. He has published widely on psychoanalysis, the Holocaust, and the philosophies of Nietzsche, Heidegger, and Foucault. Among the books that he has co-edited are Foucault and Heidegger: Critical Encounters, with Alan Milchman (University of Minnesota Press, forthcoming); Contemporary Portrayals of Auschwitz: Philosophical Challenges, with James Watson and Detlef B. Linke (Humanity Books); Psychoanalytic Versions of the Human Condition, with Paul Marcus (NYU press, 1998); Healing Their Wounds: Psychotherapy with Holocaust Survivors and Their Families, with Paul Marcus (Praeger, 1989); and Echoes from the Holocaust: Philosophical Reflections on a Dark Time, with Gerald Myers (Temple University Press, 1988). “A Foucauldian Analysis of Psychoanalysis: A Discipline that ‘Disciplines’” Academy for the Study of the Psychoanalytic Arts, http://www.academyanalyticarts.org/milchandrosen.htm/ 88 -Millgram, Elijah, "Practical Reason and the Structure of Actions", The Stanford Encyclopedia of Philosophy (Summer 2012 Edition), Edward N. Zalta (ed.), URL = http://plato.stanford.edu/archives/sum2012/entries/practical-reason-action/. 89 -Mouffe, Chantal, Elke Wagner, and Chantal Mouffe. Agonistics: Thinking the World Politically. New York: Verso, 2013. 90 -Nardin, Terry Nardin, “International Ethics and International Law”. Review of International Studies, Vol. 18, No. 1 (Jan., 1992), pp. 19-30, published by Cambridge University Press. 91 -Newman, Jon O. "Here's a Better Way to Punish the Police: Sue Them for Money." Washington Post. The Washington Post, 23 June 2016. Web. 16 Oct. 2016. 92 -Nick Bostrom, 2001 prof of Philosophy, Oxford University Journal of Evolution and Technology, Vol. 9, March 2002. First version: 2001 March, JStor 93 -Pallitto and Heyman 8 – Political Science, Seton Hall University; Department of Sociology and Anthropology, The University of Texas at El Paso (Robert and Josiah, “Theorizing Cross-Border Mobility: Surveillance, Security and Identity”, 2008, http://library.queensu.ca/ojs/index.php/surveillance-and-society/article/viewFile/3426/3389) KW 94 -Pellegrino, Edmund. Georgetown University. “The internal morality of clinical medicine: a paradigm for the ethics of the helping and healing professions.” Journal of Medicine and Philosophy, vol. 26, no. 6, 2001. 95 -Precaido 13 Interview between Ricky Tucker and Beatriz Preciado, professor of Political History of the Body, Gender Theory, and History of Performance at Paris VIII, “Pharmacopornography: An Interview with Beatriz Preciado,” December 4, 2013, The Paris Review 96 -Rahel Jaeggi (August 2014). “Alienation.” Columbia University Press. Translated by Frederick Neuhouser and Alan E. Smith. Edited by Frederick Neuhouser. Rahel Jaeggi is professor of social and political philosophy at the Humboldt University in Berlin. Her research focuses on ethics, social philosophy, political philosophy, philosophical anthropology, social ontology, and critical theory. 97 -Rawls, John. Justice as Fairness: A Restatement. Cambridge: Harvard University Press, 2003. 98 -Rée 12 -~~-~- writer, philosopher and historian (Jonathan, “Less Than Nothing by Slavoj Žižek – review”, http://www.theguardian.com/books/2012/jun/27/less-than-nothing-slavoj-zizek-review?newsfeed=true)//trepka 99 -RHIZOMATICK 2012 (I am a Belgian philosophy student from Leuven university, “A POLITICS OF THE DEATH DRIVE,” Sep 22, http://rhizomatick.wordpress.com/2012/09/22/a-politics-of-the-death-drive/) 100 -Robert Barsky, Professor of English and Comparative Literature at Vanderbilt University, “Safe Spaces in an Era of Gated Communities and Disproportionate Punishments,” 2008, wcp) 101 -Robinson 5 -~~-~- PhD in political theory at the University of Nottingham (Andrew, “The Political Theory of Constitutive Lack: A Critique”, Project Muse)trepka 102 -Rudovsky, David. “The qualified immunity doctrine in the Supreme Court: judicial activism and the restriction of constitutional rights.” University of Pennsylvania Law Review, vol. 138, no. 23, 1989. 103 -Russell, Bertrand. The Conquest of Happiness. New York: H. Liveright, 1930. Print. LB 104 -Senkel, Tara. Attorney in New York Civilians Often Need Protection From the Police: Let's Handcuff Police Brutality 15 N.Y.L. Sch. J. Hum. Rts. 385 (1998-1999). 105 -Simonds, Lord Gavin. Bedder v. Director of Public Prosecutions, HL 1954. 106 -Singer 107 -Sinhababu 108 -Slattery, Elizabeth. “A victory against judicial activism.” The Daily Signal, January 25, 2013. 109 -The People's Law Dictionary. "Legal Dictionary - Law.com." Law.com Legal Dictionary. N.p., n.d. Web. 01 Nov. 2016. 110 -Thomassen, Department of Government, University of Essex, 4 (Dr Lasse, “LACANIAN POLITICAL THEORY: A REPLY TO ROBINSON”, BJPIR: 2004 VOL 6, P558-561)trepka 111 -Tubert, Ariela. “Constitutive arguments.” Philosophy Compass, 5/8, 2010, pp. 656-666. 112 -U.S. Department of Justice. “Principles of good policing: avoiding violence between police and citizens.” 2003. Web. 113 -US Department of Justice. "Importance of Police-Community Relationships." N.p., n.d. Web. 14 Oct. 2016. 114 -Van Roojen, Mark. “Humean and anti-Humean internalism about moral judgements.” Philosophy and Phenomenological Research, vol. 65, no. 1, July 2002, pp. 26-49. 115 -Wallace, Jay. Prof of Phil, UC Berkeley Responsibility and the Moral Sentiments, 1994, p. 52. 116 -Ward 95 – professor of Law and of graduate of Yale law school and BA from Wellesley college (Cynthia Ward, “The Radical Feminist defense of Individualism,” 884, 885, 1995, http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1102andcontext=facpubs)//EM 117 -Wedgwood, Ralph (Professor of Philosopy at USC). "The aim of belief." Nous 36 (October 2002): p. 267-297. 118 -William Grey, Professor of Philosophy at the University of Queensland, 1993 (“Anthropocentrism and Deep Ecology,” Australiasian Journal of Philosophy, Volume 71, Number 4, Available Online at http://www.uq.edu.au/~pdwgrey/pubs/anthropocentrism.html, Accessed 07-27-2011) 119 -Winter, Deborah, and Leighton, Dana. “Structural violence.” In D. J. Christie, R. V. Wagner, and D. D. Winter (Eds.), Peace, conflict, and violence: Peace psychology in the 21st century. New York: Prentice-Hall, 2001. 120 -Wright, 2015 (Journalist and PHD in Law. "Want to Fight Police Misconduct? Reform Qualified Immunity." 121 -Wright, Sam, Source: Thomson Reuters, Source: My Shingle, Source: Law Sites Blog, and Source: Above The Law. "Want to Fight Police Misconduct? Reform Qualified Immunity." Above the Law. N.p., 3 Nov. 2015. Web. 13 Oct. 2016. - EntryDate
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... ... @@ -1,17 +1,0 @@ 1 -Kemerer, Frank. “Free speech and privacy dimensions of student misuse of their own electronic communication devices in elementary and secondary schools.” School of Law and School of Leadership and Education Sciences, University of San Diego, March 2012. 2 - 3 -Millgram, Elijah, "Practical Reason and the Structure of Actions", The Stanford Encyclopedia of Philosophy (Summer 2012 Edition), Edward N. Zalta (ed.), URL = http://plato.stanford.edu/archives/sum2012/entries/practical-reason-action/. 4 - 5 -Schapiro, Tamar (Professor of Philosophy at Stanford University). “Three Conceptions of Action in Moral Theory.” Nous 35.1 (2001): 93-117. 6 - 7 -Clark, David and Tugrul Ansay. Introduction to the Law of the United States. Kluwer Law International, 2002. 8 - 9 -Streumer, Bart (Lecturer in Philosophy at the University of Reading, UK). "Reasons and Impossibility." Philosophical Studies 136 (2007): p. 351-384 10 - 11 -Foundation for Individual Rights in Educaiton (FIRE). “Freedom of expression at public universities.” State of the Law: Speech Codes. Copyright 2016. Web. https://www.thefire.org/in-court/state-of-the-law-speech-codes/ 12 - 13 -Ross, Kathleen and Philip Faccenda. “Constitutional and statutory regulation of private colleges and universities.” Valparaiso University Law Review, vol. 9, number 3, 1975. 14 - 15 -Buchter, Jonathan. “Contract law and the student-university relationship.” Indiana Law Journal, vol. 48, issue. 2, article 5, Winter 1973. 16 - 17 -O’Neill, Robert. Academic Freedom in the Wired World: Political Extremism, Corporate Power, and the University. Harvard University Press, July 1, 2009. - EntryDate
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... ... @@ -1,13 +1,0 @@ 1 -Lacan, Jacques (French psychoanalyst and philosopher). "Kant with Sade." Translated by James Swenson. October 51 (Winter 1989): p. 55-75. 2 - 3 -Kant, Immanuel (was a real pissant who was very rarely stable). "Fundamental Principles of the Metaphysic of Morals." Translated by Thomas Kingsmill Abbott. Originally published in 1785, released online into the public domain in May 2004 via Project Gutenberg. 4 - 5 -Wallace, R. Jay (Professor of Philosophy at the University of California, Berkeley). Responsibility and the Moral Sentiments. (1994): p. 52. 6 - 7 -Nagel, Thomas (Distinguished Prof of Philosophy, NYU). “Moral Luck” in Mortal Questions (1979). 8 - 9 -J. David Velleman (Prof of Phil, NYU), Self to Self, 2006. 10 - 11 -Denis, Lara, "Kant and Hume on Morality", The Stanford Encyclopedia of Philosophy (Winter 2014 Edition), Edward N. Zalta (ed.), URL = http://plato.stanford.edu/archives/win2014/entries/kant-hume-morality/. 12 - 13 -Engstrom, Stephen (Prof of Phil, University of Pittsburgh), “Universal Legislation as the Form of Practical Knowledge” - EntryDate
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... ... @@ -1,27 +1,0 @@ 1 -Only through the state can truth and thus, agency be actualized 2 -(Angelica Nuzzo, Graduate Center and Brooklyn College, CUNY, anuzzo@gc.cuny.edu) 2013. “The Social Dimension of Dialectical Truth: Hegel’s Idea of Objective Spirit.” Social Epistemology Review and Reply Collective 2 (8): 10-25. NP 4/2/16. 3 -"In a recent ... 2012 chapters 2-3" 4 - 5 -Mutual recognition of the spirit of others within a social order is necessary to reconcile conflicting conceptions of the self to form an identity. 6 -Allen W. Hegel’s Ethical Thought. Cambridge University Press. 1990. NP 3/31/16. 7 -"Hegel holds that ... realm of nature" 8 - 9 -If I were to close a door, I would not know if it had made a noise unless others reacted as well. 10 -Frederick Neuhouser: Introduction to Foundations of Natural Right by Johann Fichte. Cambridge University Press, 2000. 11 -"The character of ... from his essay" 12 - 13 -Actualization of individuals can only occur by placing them within society – the person alone is an incomplete picture of the subject 14 -Allen W. Hegel’s Ethical Thought. Cambridge University Press. 1990. NP 3/29/16. 15 -"Hegel holds that ... realm of nature" 16 - 17 -I contend that unrestricted public expression of unfiltered opinion is prereq to the establishment of an ethical community. 18 -(Daniel Griffin, PhD in Philosophy at University of Guelph MA in Philosophy from Georgia State University, no date, “Can Hegel aid our understanding of freedom of expression”, academia.edu) http://www.academia.edu/24661342/Can_Hegel_aid_our_understanding_of_freedom_of_expression 19 -"Discussions of human ... declaration human rights" 20 - 21 -Aff solves best. 22 -(Adam Lamparello, B.A from University of Southern California. J.D. in law from Ohio State University College of Law. Master of Laws, Concentration in Criminal and Constitutional Law from NYU of Law. Currently assistant professor of Law at Loyola University, 09-02-16, “Promoting Inclusion Through Exclusion: Higher Education’s Assault on the First Amendment” University of Pennsylvania Law) http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1017andcontext=jcl_online 23 -"Free speech and ... pursuit of knowledge" 24 - 25 -Destroying identity construction in the community. 26 -(Rodney G.S. Carter, the Archivist of the St. Joseph Region of the Religious Hospitallers of St. Joseph, based in Kingston, Ontario. He received an Honours B.A. in Art History from Queen’s University in 2002 and a Masters of Information Studies, Archival Stream, from the University of Toronto in 2005. His Masters thesis was entitled “Other Archives: The Archival Value of Photographs of Anonymous People.” He was a member of the ACA Membership Committee’s sub-committee on the formation of student chapters in 2002–2003 and has been recently named the Chair of the ACA Religious Archives Special Interest Section., 2006, “Of Things Said and Unsaid: Power, Archival Silences, and Power in Silence” Archivia) http://archivaria.ca/index.php/archivaria/article/viewFile/12541/13687 27 -"Resume ce texte ... their own silence" - EntryDate
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... ... @@ -1,7 +1,0 @@ 1 -Evidence from physics shows that the past is determined from the present—even if the past has merit the present comes first. 2 -Lanza, Robert. "Does the Past Exist Yet? Evidence Suggests Your Past Isn't Set in Stone." The Huffington Post. TheHuffingtonPost.com, 18 Aug. 2010. Web. 15 Sept. 2014. 3 -"Recent discoveries require ... theory of everything" 4 - 5 -Our knowledge of the world assumes the reliability of sense data, but reasoning from sense data to the external world begs the question of the reliability of our senses. 6 -Chatalain, George. “Induction and the problem of the external world.” The Journal of Philosophy, vol. 49, no. 19, September 11, 1952, pp. 601-607. 7 -"First three last three unavailable for this selection" - EntryDate
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... ... @@ -1,27 +1,0 @@ 1 -Ought only implies obligation, since there are multiple sources of normativity. 2 -Dowd, Joseph (Graduate Student of Philosophy at the University of California, Irvine). "Hoc aliquid: What makes an ought a moral ought?" 06 May 2011 3 -"Therefore we try ... else being equal" 4 - 5 -The language in Tinker v. Des Moines clarifies that “protected speech” loses its protection when circumstances arise that subject it to restriction. 6 -Kemerer, Frank. “Free speech and privacy dimensions of student misuse of their own electronic communication devices in elementary and secondary schools.” School of Law and School of Leadership and Education Sciences, University of San Diego, March 2012. 7 -"This study was ... and school personnel" 8 - 9 -Only their own internal evaluation of what the cede as epistemically true can do anything. 10 -Nobis, Nathan M. "Truth in Ethics and Epistemology: A Defense of Normative Realism." University of Rochester, 2004. Web. 5 Apr. 2017. 11 -"In this work ... evaluationism of non-factualism" 12 - 13 -No impact turns 14 -"Hate Speech On Campus". American Civil Liberties Union. N. p., 2016. Web. 4 Dec. 2016. 15 -"In recent years ... and start teaching" 16 - 17 -Outweigh. 18 -Harnish, Robert. "Internalism and externalism in speech act theory." Lodz Papers in Pragmatics 5.1 (2009): 9-31. 19 -"Internalism and Externalism ... Moods and Performances" 20 - 21 -Linguistic relativity and linguistic determinism determines a key sphere of languages’ functionality. 22 -Whorf, B.L. "Linguistic Society of America." Language and Thought | Linguistic Society of America. Linguistic Society of America, 2012. Web. 01 Dec. 2016. 23 -"No one would ... Gumperz and Levinson" 24 - 25 -Further, silencing of some language excludes the capacity of some individuals to form an identity and seek truths themselves. 26 -(Rodney G.S. Carter, the Archivist of the St. Joseph Region of the Religious Hospitallers of St. Joseph, based in Kingston, Ontario. He received an Honours B.A. in Art History from Queen’s University in 2002 and a Masters of Information Studies, Archival Stream, from the University of Toronto in 2005. His Masters thesis was entitled “Other Archives: The Archival Value of Photographs of Anonymous People.” He was a member of the ACA Membership Committee’s sub-committee on the formation of student chapters in 2002–2003 and has been recently named the Chair of the ACA Religious Archives Special Interest Section., 2006, “Of Things Said and Unsaid: Power, Archival Silences, and Power in Silence” Archivia) 27 -"Resume ce texte ... their own silence" - EntryDate
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... ... @@ -1,31 +1,0 @@ 1 -Only internal motivations have the conceptual capacity to motivate action, which is a prerequisite for moral considerations. 2 -Katsafanas, Paul. “Deriving ethics from action: a nietzschean version of constitutivism.” Philosophy and Phenomenological Research, 83:3, pp. 620-660, November 2011. 3 -While externalism captures…decidedly odd property. 4 - 5 -Thus, morality is a system of reasons we can all accept—mutual justifiability is the only way to solve the subjectivity of abstract moral theories. 6 -Scanlon, Thomas. What We Owe to Each Other. Cambridge, MA: Belknap of Harvard UP, 2000. Print. 7 -Contractualism can also … in certain contexts. 8 -Moral principles are adopted only if they can be justified on the basis of agent specific reasonable rejection. 9 -Nagel, Thomas. "One-to-One’." London Review of Books 4 (1999). 10 -The nerve of Scanlon’s … of any individual. 11 -Contractualism forms the basis for a moral community. If the purpose of moral norms is to facilitate life and communal interactions in a society, then a contractualist account of reasons comes first. 12 -Scanlon, Thomas. What We Owe to Each Other. Cambridge, MA: Belknap of Harvard UP, 2000. Print. 13 -According to contractualism, … these principles require. 14 - 15 -Contractual obligations are agent relative—reasonable rejection of principles can only come between two rational agents. This means we evaluate every moral consideration on a 1-1 ratio, not whether the aggregate of everyone following the principle would have a positive net effect. James: 16 -James, Aaron. "Contractualism's (not so) slippery slope." Legal Theory 18.03 (2012): 263-292. 17 -According to contractualism, …reasonably object to the imposition. 18 - 19 -Thus the standard is consistency with the agent relative principle of reasonable rejection. 20 - 21 -Students cannot accept restrictions relative to the college because the basis of public universities and colleges is the constitution, which the protection of speech. Buchter: 22 -Buchter, Jonathan. “Contract law and the student-university relationship.” Indiana Law Journal, vol. 48, issue. 2, article 5, Winter 1973. 23 -This theoretical mixture …these constitutional rights. 24 - 25 -Metaethical actualism means no fiat for counteradvocacies. Jackson and Pargetter: 26 -Frank Jackson and Robert Pargetter, “Oughts, Options, and Actualism”, Philosophical Review, 1986 27 -There are four considerations … referred to at the beginning.” 28 - 29 -And, contracts will always be made based on subjective emotions because that contributes to agent relative rejection. 30 -Spranca, Mark, Elisa Minsk, and Jonathan Baron. "Omission and commission in judgment and choice." Journal of experimental social psychology 27.1 (1991): 76-105. 31 -Subjects read scenarios …ignorant of the effects of not acting. - EntryDate
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... ... @@ -1,26 +1,0 @@ 1 -Equality is necessary to include all voices in moral deliberation and avoid unjustly imposing values on others. This is the central message of egalitarian social movements. Anderson: 2 - “There must be… their claim heard” 3 -Anderson, Elizabeth Distinguished University Professor of Philosophy, University of Michigan. “What is the Point of Equality?” Ethics 109.2 (1999). 4 - 5 -The standard is consistency with basic capability equality. Only this provides the true value of equality – not concerned with goods or happiness, but what people can do. Sen: 6 -“It is arguable… basic capability equality” 7 - Sen, Amartya Professor of Economics and Philosophy, Harvard University. “Equality of What?” Tanner Lectures on Human Values (1979). 8 - 9 -A focus on capabilities allows the maintenance of intuitions about fundamental human rights without requiring people to fulfill them. It creates consensus among conceptions of the good. Nussbaum: 10 -Nussbaum, Martha Professor of Law and Philosophy, University of Chicago. “Capabilities as Fundamental Entitlements: Sen and Social Justice.” Feminist Economics 9 (2003): 33-59. 11 - 12 -Only it allows dialogue between the oppressed, philosophers, and policymakers on equal comprehensible terms. Glass 13 -“Can liberalism provide... proper discussion possible” 14 -Glass, Arthur Professor of Law, University of New South Wales. “A Review of Postcolonial Liberalism by Duncan Iverson.” Australian Humanities Review 30 (2003). 15 - 16 -The capabilities approach best captures the value of rights – rights are not valuable as abstract rules, but are only fulfilled when people have the ability to exercise them. For example, someone who cannot walk lacks the full value of the freedom of movement without extra resources. Nussbaum 2 17 -“Regarding fundamental rights... right to someone.” 18 -Nussbaum, Martha Professor of Law and Philosophy, University of Chicago. “Capabilities as Fundamental Entitlements: Sen and Social Justice.” Feminist Economics 9 (2003): 33-59. Bracketed for Grammar 19 - 20 -Capabilities can be interpreted in different ways in different societies – that is the point of pluralism. Nussbaum 3 21 -“I also insist… the two nations.” 22 -Nussbaum, Martha Professor of Law and Philosophy, University of Chicago. “Capabilities as Fundamental Entitlements: Sen and Social Justice.” Feminist Economics 9 (2003): 33-59. Bracketed for Grammar 23 - 24 -No agent has greater epistemic access to moral truths because morals aren’t verifiable with empirical fact. Markovitz 25 -“Relatedly, internalism about… some of us are” 26 - Markovits, Julia. Moral reason. Oxford University Press, 2014. - EntryDate
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... ... @@ -1,37 +1,0 @@ 1 -Moral obligations arise from individuals’ internal consideration of right conduct. Bedke: 2 -“If John Doe… motivation to X” 3 -Bedke, M.S. Dept of Philosophy, University of Arizona “Moral judgment purposivism: saving internalism from amoralism.” Philosophical Studies, 144: 189-209, 2009. 4 - 5 -Judgments based on external considerations are not moral judgments because they arise from considerations other than right and wrong. Bedke 2: 6 -“Consider a distant… judgments in Amoralsville” 7 -Bedke, M.S. Dept of Philosophy, University of Arizona “Moral judgment purposivism: saving internalism from amoralism.” Philosophical Studies, 144: 189-209, 2009. 8 - 9 -Further, the very idea of externalist moral considerations assumes a background understanding that morality is internal. Bedke 3: 10 -“My own judgment… is not out” 11 -Bedke, M.S. Dept of Philosophy, University of Arizona “Moral judgment purposivism: saving internalism from amoralism.” Philosophical Studies, 144: 189-209, 2009. 12 - 13 -Also, externalist moral conceptions collapse into desire rather than moral consideration. Roojen: 14 -“Second, whether the..;. what is right” 15 -Van Roojen, Mark. “Humean and anti-Humean internalism about moral judgements.” Philosophy and Phenomenological Research, vol. 65, no. 1, July 2002, pp. 26-49. 16 - 17 -Further, internal moral reasoning is idiosyncratic to individuals. This is true because moral reasoning cannot produce objectively verifiable outcomes for all moral reasoners. Coburn: 18 -“If criteria encapsulate… such a process” 19 -Coburn, Robert C. Quals “A defense of ethical noncognitivism.” Philosophical Studies, vol. 62, no. 1, April 1991, pp. 67-80. 20 - 21 -And, objective or universalist conceptions of morality devolve to totalitarianism. Rawls: 22 -“A continuing adherence… to remain so” 23 -Rawls, John. Justice as Fairness: A Restatement. Cambridge: Harvard University Press, 2003. 24 - 25 -Thus, the criterion is consistency with internal moral standards. 26 - 27 -Externalist thought is embedded within the nature of restrictions in relation to speech acts. 28 -Harnish: 29 -“Summarizing, internalists hold… offered mixed analyses.” 30 -Harnish, Robert. "Internalism and externalism in speech act theory." Lodz Papers in Pragmatics 5.1 (2009): 9-31. 31 - 32 -Restrictions establish conditions of which speech is acceptable which is externalist by virtue as it requires an externalist declaration of which speech applies. ACLU: 33 -“Because the ultimate… we'll be next” 34 -"Hate Speech On Campus". American Civil Liberties Union. N. p., 2016. Web. 4 Dec. 2016. 35 - 36 -presume aff because there is an 11 side bias towards the neg 37 -Henson, Clifford and Paul Dorasil. “Judging bias in competitive academic debate: the effects of region, side, and sex.” Contemporary Economic Policy, July 4, 2013 - EntryDate
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... ... @@ -1,34 +1,0 @@ 1 -To question the binding nature of moral obligations implicitly concedes the significance of inclusion in normative conclusions because all objections would be made in the context of shared rules. Apel: 2 -“It is mistaken… a communication community.” 3 -Apel, Karl-Otto. Reprinted in Justification and Application: Remarks on Discourse Ethics by Jürgen 4 - 5 -Inclusion of all agents in the construction of truth is an ontological prerequisite to morality. Haste: 6 -“Communitarian thinkers start… and historical context” 7 -Haste, Helen. "Communitarianism and the social construction of morality." Journal of Moral Education 25.1 (1996): 47-55. 8 - 9 -No agent has greater epistemic access to moral truths because morals aren’t verifiable with empirical fact. Markovitz: 10 -“Relatedly, internalism about… of us are).” 11 -Markovits, Julia. Moral reason. Oxford University Press, 2014. 12 - 13 -Thus the standard is consistency with the maxim of including individuals in the construction of moral truths. 14 - 15 -Additionally, only the analysis of intent of an action includes all perceptions into the construction of truths. Tannenbaum: 16 -“When it comes… had occurred unintentionally.” 17 -Tannenbaum, Melanie. ""But I Didn't Mean It!" Why It's so Hard to Prioritize Impacts over Intents." Scientific American Global RSS. N.p., 14 Oct. 2013. Web. 08 Sept. 2015. 18 - 19 -Speech codes entrench a massive divide within society and push society to manifest into one in which nobody is included in the manifestation of truth— historically proven. Haiman: 20 -“Placing limitations on… increased its circulation.” 21 -Haiman, Franklyn. “The Remedy is More Speech.” The American Prospect. Summer 1991. 22 - 23 -And, even when speech codes do target those with oppressive ideology, they are coopted and used as a tool of exclusion. Cammaerts 24 -“However, in a… causes of it.” 25 -Bart Cammaerts ‘9, London School of Economics and Political Science, England, 11-2009, "Radical pluralism and free speech in online public spaces," International Journal of Cultural Studies 26 - 27 -Further, the neg embraces an overall maxim in which individuals are excluded from moral projects- means only the affirmative has a risk of epistemic validity. Greenawalt: 28 -“Mill says that… to be tolerated.” 29 -Greenawalt, Kent. "Free speech justifications." Columbia Law Review 89.1 (1989): 119-155. 30 -"Hate Speech On Campus". American Civil Liberties Union. N. p., 2016. Web. 4 Dec. 2016. 31 - 32 -Restrictions establish conditions of which speech is acceptable which is exclusionary by virtue as it requires a declaration by one agent of which speech applies. ACLU: 33 -“Because the ultimate… we'll be next” 34 -"Hate Speech On Campus". American Civil Liberties Union. N. p., 2016. Web. 4 Dec. 2016. - EntryDate
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... ... @@ -1,46 +1,0 @@ 1 -Moral obligations arise from individuals’ internal consideration of right conduct. Bedke: 2 -“If John Doe… motivation to X” 3 -Bedke, M.S. Dept of Philosophy, University of Arizona “Moral judgment purposivism: saving internalism from amoralism.” Philosophical Studies, 144: 189-209, 2009. 4 - 5 -Judgments based on external considerations are not moral judgments because they arise from considerations other than right and wrong. Bedke 2: 6 -“Consider a distant… judgments in Amoralsville” 7 -Bedke, M.S. Dept of Philosophy, University of Arizona “Moral judgment purposivism: saving internalism from amoralism.” Philosophical Studies, 144: 189-209, 2009. 8 - 9 -Further, the very idea of externalist moral considerations assumes a background understanding that morality is internal. Bedke 3: 10 -“My own judgment… is not out” 11 -Bedke, M.S. Dept of Philosophy, University of Arizona “Moral judgment purposivism: saving internalism from amoralism.” Philosophical Studies, 144: 189-209, 2009. 12 - 13 -Also, externalist moral conceptions collapse into desire rather than moral consideration. Roojen: 14 -“Second, whether the..;. what is right” 15 -Van Roojen, Mark. “Humean and anti-Humean internalism about moral judgements.” Philosophy and Phenomenological Research, vol. 65, no. 1, July 2002, pp. 26-49. 16 - 17 -Further, internal moral reasoning is idiosyncratic to individuals. This is true because moral reasoning cannot produce objectively verifiable outcomes for all moral reasoners. Coburn: 18 -“If criteria encapsulate… such a process” 19 -Coburn, Robert C. Quals “A defense of ethical noncognitivism.” Philosophical Studies, vol. 62, no. 1, April 1991, pp. 67-80. 20 - 21 -And, objective or universalist conceptions of morality devolve to totalitarianism. Rawls: 22 -“A continuing adherence… to remain so” 23 -Rawls, John. Justice as Fairness: A Restatement. Cambridge: Harvard University Press, 2003. 24 - 25 -Thus, the criterion is consistency with internal moral standards. 26 - 27 -Externalist thought is embedded within the nature of restrictions in relation to speech acts. 28 -Harnish: 29 -“Summarizing, internalists hold… offered mixed analyses.” 30 -Harnish, Robert. "Internalism and externalism in speech act theory." Lodz Papers in Pragmatics 5.1 (2009): 9-31. 31 - 32 -And, the affirmatives method of engagement with speech uniquely weeds out oppressive ideologies from prevalent ideas— prevents active imposition of moral values. Moosa: 33 -“Thus, if we… entity once existed.” 34 - 35 -Moosa, T. (2012). John Stuart Mill And The Dangers Of Silencing. Big Think. Retrieved 19 February 2017, from http://bigthink.com/against-the-new-taboo/john-stuart-mill-and-the-dangers-of-silencing 36 - 37 -The neg actively excludes voices from moral projects- means only the affirmative has a risk of epistemic validity. Greenawalt: 38 -“Mill says that… to be tolerated.” 39 -Greenawalt, Kent. "Free speech justifications." Columbia Law Review 89.1 (1989): 119-155. 40 - 41 -Restrictions establish conditions of which speech is acceptable which is externalist by virtue as it requires an externalist declaration of which speech applies. ACLU: 42 -“Because the ultimate… we'll be next” 43 -"Hate Speech On Campus". American Civil Liberties Union. N. p., 2016. Web. 4 Dec. 2016. 44 - 45 -Presume aff because there is an 11 side bias towards the neg 46 -Henson, Clifford and Paul Dorasil. “Judging bias in competitive academic debate: the effects of region, side, and sex.” Contemporary Economic Policy, July 4, 2013. - EntryDate
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... ... @@ -1,25 +1,0 @@ 1 -The standard is consistency with the right to self-ownership. 2 - 3 -Self-ownership if a commitment of all discursive exchange. Hoppe 4 -“Argumentation does not… he was disputing” 5 -Hans-Hermann Hoppe, The Economics and Ethics of Private Property, p. 334 6 - 7 -My framework is most specific to the topical state agent and the only one that explains the origins of legitimate state authority. Simmons 8 -“The motivation for… The motivation for” 9 -A. John Simmons (Prof. of Philosophy, University of Virginia). “Locke and the Right to Punish.” Philosophy and Public Affairs Reader on Punishment. 1995. http://books.google.com/books?id=-twJwC8asWgCandlpg=PA221andots=aQsfipB9nranddq=22by20some20voluntary20undertaking22andpg=PA221#v=onepageandqandf=false 10 - 11 -The right to autonomous control of one’s aims and identity is foundational to other liberal rights, hence precludes and constrains rights like free speech. Christman 12 -“The conception of… goal of justice.” 13 -John Christman, “Autonomy in Moral and Political Philosophy,” Stanford Encyclopedia of Philosophy, online, http://plato.stanford.edu/entries/autonomy-moral/, 2003 14 - 15 -The right to free speech is embedded within self ownership intrinsically- means the neg is by definition inconsistent with self ownership. Curtman: 16 -“It is important… upon my liberty” 17 -Curtman, Paul "Private Property And The Principles Of Self-Ownership". Paul Curtman. N. p., 2017. Web. 2 Feb. 2017. 18 - 19 -Self-ownership requires that agents have the ability to regulate access to the self- means one needs to be able to freely express oneself via free speech in the context of identity construction. Kupfer: 20 -“Because the ultimate… we'll be next." 21 -Kupfer, Joseph. “Privacy, autonomy and self-concept.” American Philosophical Quarterly, vol. 24, Number 1, January 1987. 22 - 23 -And, the aff props up self ownership while simultaneously ensuring people do not become complacent in driving hate speech underground- restricting it via speech restrictions causes more backlash and drive racism underground-historically proven. Haiman 24 -“Placing limitations on… increased its circulation.” 25 -Haiman, Franklyn. “The Remedy is More Speech.” The American Prospect. Summer 1991 - EntryDate
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... ... @@ -1,39 +1,0 @@ 1 -The language in Tinker v. Des Moines clarifies that “protected speech” loses its protection when circumstances arise that subject it to restriction. 2 -Kemerer, Frank. “Free speech and privacy dimensions of student misuse of their own electronic communication devices in elementary and secondary schools.” School of Law and School of Leadership and Education Sciences, University of San Diego, March 2012. 3 -"This study was ... and school personnel" 4 - 5 -Actions are either steps toward an end or random motions. 6 -Millgram, Elijah, "Practical Reason and the Structure of Actions", The Stanford Encyclopedia of Philosophy (Summer 2012 Edition), Edward N. Zalta (ed.), URL = http://plato.stanford.edu/archives/sum2012/entries/practical-reason-action/. 7 -"A wave of ... modes of argument" 8 - 9 -The ends of particular action classes are determined by the practices within which those practices take place. 10 -Schapiro, Tamar (Professor of Philosophy at Stanford University). “Three Conceptions of Action in Moral Theory.” Nous 35.1 (2001): 93-117. 11 -"Philosophers have long ... I call action" 12 - 13 -A state is a creature of its constitution, and it is literally impossible for a state to act outside the constraints of its constituting documents because when state agents do so they are not, by law, acting as the state. 14 -Clark, David and Tugrul Ansay. Introduction to the Law of the United States. Kluwer Law International, 2002. 15 -"The United States ... U.N. Charter art." 16 - 17 -The U.S. Constitution is nearly unique in the degree and duration of universal acceptance among those under its jurisdiction. 18 -Rosenn, Keith. “The success of constitutionalism in the United States and its failure in Latin America: an explanation.” University of Miami Inter-American Law Review, Fall 1990. 19 -"Constitutionalism is the ... authoritarianism is resolved" 20 - 21 -Since ethical obligation is a judgment of choice, adjudicating as unethical the failure to make a choice one is incapable of making renders ethical judgment meaningless. 22 -Streumer, Bart (Lecturer in Philosophy at the University of Reading, UK). "Reasons and Impossibility." Philosophical Studies 136 (2007): p. 351-384 23 -"Many philosophers claim ......" 24 - 25 -Agents of the U.S. government are literally incapable of enacting enduring policies in violation of settled constitutional law because the structure of the legislative and judicial branches prevents it. 26 -Foundation for Individual Rights in Educaiton (FIRE). “Freedom of expression at public universities.” State of the Law: Speech Codes. Copyright 2016. Web. https://www.thefire.org/in-court/state-of-the-law-speech-codes/ 27 -"That the first ... ideas on campus" 28 - 29 -Constitutional jurisprudence implicitly recognizes that public college and university employees are agents of the state. 30 -Ross, Kathleen and Philip Faccenda. “Constitutional and statutory regulation of private colleges and universities.” Valparaiso University Law Review, vol. 9, number 3, 1975. 31 -"In March of ... by the authors" 32 - 33 -The Supreme Court has ruled explicitly that this is the case. 34 -Buchter, Jonathan. “Contract law and the student-university relationship.” Indiana Law Journal, vol. 48, issue. 2, article 5, Winter 1973. 35 -"The relationship between ... intended to do" 36 - 37 -The status of public employees as agents of the state subject to constitutioanl requirements is demonstrated by the susceptability of their work communications to federal and state FOIA inquiries. 38 -O’Neill, Robert. Academic Freedom in the Wired World: Political Extremism, Corporate Power, and the University. Harvard University Press, July 1, 2009. 39 -"In this passionately ......" - EntryDate
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... ... @@ -1,108 +1,0 @@ 1 -I affirm 2 - 3 -Overview: If one a priori is turned, it must be weighed against every other a priori or explained as to why it comes BEFORE said a prioris. Additionally, any a priori under my framework auto-precludes because only my framework provides normative motivation, other a prioris don’t give any reason to believe the falsity of the res. 4 - 5 -A corporation is defined as: “a company or group of people authorized to act as a single entity (legally a person) and recognized as such in law.” 6 - 7 -To affirm means “to express dedication” (Merriam Webster) so affirmation doesn’t require proving a truth claim however negate means “to deny the truth of” (Merriam Webster) so negating requires truth. Thus, always vote aff. 8 - 9 -The resolution is already resolved which means that you must always affirm. 10 - 11 -Ethical obligations derive from interactions among moral agents. Korsgard: 12 -“The relations of reciprocity are relations that obtains between free and equal persons. As such, they call for mutual responsibility for two important reasons. In order to make the ends and reasons of another your own, you must regard her as a source of value, someone whose choices confer worth upon their objects, and who has the right to decide on her own actions. In order to entrust your own ends and reasons to another’s care, you must suppose that she regards you that way, and is prepared to act accordingly. People who enter into relations of reciprocity must be prepared to share their ends and reasons; and to hold them jointly; and to act together. Reciprocity is the sharing of reasons, and you will enter into reciprocity it only with someone you expect to deal with reasons in a rational way. In this sense, reciprocity requires that you hold the other responsible.” 13 -Korsgard, Christine. “Creating the kingdom of ends: reciprocity and responsibility in personal relations.” Philosophical Perspectives, vol. 6, 1992, pp. 305-332. 14 - 15 -Thus our ethical duties arise from mutually voluntary relations of reciprocity, and these agreements uniquely generate moral obligations. Gauthier: 16 -“A contractarian theory of morals, developed as part of the theory of rational choice, has evident strengths. It enables us to demonstrate the rationality of impartial constraints on the pursuit of individual interest to persons who may take no interest in others' interests. Morality is thus given a sure grounding in a weak and widely accepted conception of practical rationality. No alternative account of morality accomplishes this. Those who claim that moral principles are objects of rational choice in special circumstances fail to establish the rationality of actual compliance with these principles. Those who claim to establish the rationality of such compliance appeal to a strong and controversial conception of reason that seems to incorporate prior moral suppositions. No alternative account generates morals, as a rational constraint on choice and action, from a non-moral, or morally neutral, base.” 17 -Gauthier, David (Professor Emeritus of Philosophy at the University of Pittsburgh). Morals by Agreement. (1986). 18 - 19 -Thus the standard is consistency with contractual obligation. 20 - 21 -Contention 22 - 23 -A. Under contractualism the only obligation of both individuals is to uphold their side of the contract, whatever it may be, which is the ONLY source of morality, and thus you affirm on face. Precludes other a prioris because they assume an a priori source of morals, but those do not exist. Macintyre: 24 -“The most influential account of moral reasoning that emerged in response to this critique of emotivism was one according to which an agent can only justify a particular judgment by referring to some universal rule from which it may be logically derived, and can only justify that rule in turn by deriving it from some more general rule or principle; but on this view Since every chain of reasoning must be finite, such a process of justificatory reasoning must always terminates with the assertion of some rule or principle for which no further reason can be given. ‘Thus a complete justification of a decision would consist of a complete account of its effects together with a complete account of the principles which it observed, and the effect of observing those principles. If I the enquirer still goes on ask ing ‘But why should I live like that?’ then there is no further answer to give him, because we have already, ex hypothesi, we have already said everything that could be included in the further answer.’ (Hare 1952, p. 69). The terminus of justification is thus always, on this view, a not further to be justified choice, a choice unguided by criteria. Each individual implicitly or explicitly has to adopt his or her own first principles on the basis of such a choice. The utterance of any universal principle is in the end an expression of the preferences of an individual will and for that will its principles have and can have only such authority as it chooses to confer upon them by adopting them. 25 - Alasdair Macintyre, After Virtue, 1981 26 - 27 -B. Corporations are legally considered a person, which means that they are by definition held to the same moral standards as any individual 28 - 29 -C. The non-legal basis of a corporation is a conglomerate of individuals, and only one individual within the corporation at a time, namely the CEO, makes final decisions, and thus they are by definition held to the same moral standards because they ARE an individual 30 - 31 -D. All persons are of the same species, which means that they at base can only have the same moral standards 32 - 33 -E. Determinism means that every person is held to the same moral standards because every persons’ moral standing is pre-determined and randomized – meaning that no one can make certain individuals have different moral standards. 34 - 35 -F. Moral responsibility is separate from legal responsibility and determined by moral standards. Abun: 36 -Now, what happen if a certain corporation commitsted a crime? Who is the one taking the blame? Let us be clear that morality and law are two different things, in a sense that what is legal may not be always moral and what is moral may not be always legal. The issue on hand is moral issue and as a moral issue, there are simple requirements to be met if certain act is moral or immoral. In this regard, there must be criteria or requirements to be fulfilled for one or a group to be morally responsible, and thus we need to know when the person is morally responsible and when they are not. In order to determine moral responsibility, we need to know what makes an act right or wrong morally. This is important criteria to determine on which we can base our judgment and moral theories will help us in determining the extent of moral responsibility. In order to determine moral responsibility of corporation, first, we need to know the nature of corporation. Proper understanding is needed for us to determine if a corporation is morally responsible for their actions. This is due to the fact that corporation is not human, it is a legal entity created by law but what qualifies it to be like human and therefore be responsible morally. It is commonly known that a business entity is an entity that is a group of people organized for some profitable or charitable purpose. Business entities include organizations such as corporations, partnerships, charities, trusts, and other forms of organization. Generally speaking, entrepreneurs incorporate their business in the state where they conduct their business (Perez, 2015). After incorporation, then the business is considered legal and it is now recognized as a legal business entity. It has a legal personality and now can legally pursue its business objectives as prescribed in their constitution and bylaws as approved by the Security of Exchange Commission. Thus and the treatment to a corporation is now the same treatment to a person. Business entities, just like individual persons, are subject to taxation and must file a tax return. Some business entities are exempt from federal income tax. These include non-profit charities, non- profit corporations. Business entities may be subjected to state income tax, depending on the laws of the state or states where they conduct business. 37 -Abun, Damianus. "Moral Standards and Corporation’s Moral Responsibility: Who Is Taking the Blame?" Ethical Issues and Arguments. Blogspot, 27 Aug. 2015. Web. 7 Mar. 2017. 38 - 39 -G. Corporations receive benefits from the state through taxes just as individuals, and thus have the same obligation contractually to moral standards set up in law. 40 - 41 -H. When assigning punishment, the first thing considered is the action, not the agent who takes the action – thus all actions are applied the same moral standards on face, and are only subsequently changed in terms of punishment based on the actor. Reuters: 42 -In a criminal trial, a the jury examines the evidence to decide whether, "beyond a reasonable doubt," the defendant committed the crime in question. A trial is the government's opportunity to argue its case, in the hope of obtaining a "guilty" verdict and a conviction of the defendant. 43 -Reuters, Thomson. "Criminal Trial Overview." FindLaw. Webby Awards, 2013. Web. 7 Mar. 2017. 44 - 45 -I. Ascribing power is ascribing an equivalent responsibility – and all agents are given the same ratio of responsibility to power through contract. Risser: 46 -The work of William Connolly (1974) and Steven Lukes (1974, 2005) in the field of political theory has made some influential contributions to understanding organizations from a moral perspective. Without being at all preoccupied with the metaphysical disputes dominant in philosophy, they have investigated the relationship between power and responsibility. Lukes claims that the identification of an exercise of power by either an individual or an organization is at the same time an ascription of responsibility. For Lukes: The point, in other words, of locating power is to fix responsibility for consequences held to flow from the action, or inaction, of certain specifiable agents. ...C Wright Mills perceived the relations I have argued for between these concepts in his distinction between fate and power (Lukes 1974, p. 56). William Connolly (1974) explains that conceptual disputes over notions, such as political power, are in part disputes over what is worth trying to control in society. Engaging in disagreements of this sort is to engage in politics itself. He adds: Moreover, since our ideas about power and responsibility are so intimately related, disagreements about the appropriate criteria for holding collectives responsible for consequences will be reflected in disputes about the meaning of 'power' (Connolly 1974, p.128). 47 -Risser, David T. "Collective Moral Responsibility." Internet Encyclopedia of Philosophy. Penn State University, n.d. Web. 7 Mar. 2017. 48 - 49 -J. A corporation is a web of contracts in which individuals simply act for their own self-interest in fulfilling said contracts. Risser 2: 50 -Ross Grantham's (1998) claim that a corporation is little more than “a collective noun for the web of contracts that link the various participants” is an example of this sort of analysis. Manuel Velasquez (1983) takes the position that in spite of its organizational complexity, a corporation and is ultimately a group of humans who are engaged among themselves in a variety of specific occupational and professional relationships which each believes to be in his or her their self-interest. Corporate actions are the result of procedures and policies intentionally designed by members of the corporation to achieve specific goals. If harm is caused or wrongdoing occurs, moral responsibility is borne by individuals to the extent that each one participated in policy formulation, implementation, or oversight. Velasquez does support the and vicarious liability of the corporation itself in cases where there is an absence of punishable individual members or to compensate victims of corporate harm. Another version of the individualistic conception of corporate identity is Michael Keeley's (1981) agency theory which has its roots in classical Lockean liberalism and F.A. Hayek's economic theories. For Keeley, a corporation is a contractual nexus representing mutually self-interested human contractors. A central aspect of this nexus is the hiring of managers and directors to maximize their financial investments. These 'agents' hired by the shareholders are also motivated by financial gain themselves. For Keeley, the only intentions are individual human ones. The goals that guide corporate actions and give direction to the activities of its members are an inseparable admixture of overlapping individual goals. 51 -Risser, David T. "Collective Moral Responsibility." Internet Encyclopedia of Philosophy. Penn State University, n.d. Web. 7 Mar. 2017. 52 - 53 -K. If there are no moral standards, then you affirm because both corporations and individuals are held to the same moral standards, e.g. no moral standards 54 - 55 -L. Corporations enter into the same social contract as individuals, and are thus definitionally held to the same moral standards 56 - 57 -M. If contractarian morals are false then we assume a priori moral truth, which means that everyone can ONLY be held to the same moral standards. Kastafanas: 58 -Enter a third theory, which attempts to do just that: constitutivism. According to constitutivism, there is an element of truth in both the internalist and the externalist positions. For the constitutivist agrees with the internalist that the truth of a normative claim depends on the agent’s aims, in the sense that the agent must possess a certain aim in order for the normative claim to be true. But the constitutivist constitutivism traces the authority of norms to an aim that has a special status, an aim that is constitutive of being an agent. This constitutive aim is not optional; if you lack the aim, you are not an agent at all. So the constitutivist agrees with the internalist that practical reasons derive from the agent’s aims; but the constitutivist holds that the relevant aim is one that is intrinsic to being an agent. Accordingly, the constitutivist gets the conclusion that the externalist wanted: there are non-optional reasons for acting. Put differently, there are reasons for action that arise merely from the fact that one is an agent. 59 -Katsafanas, Paul. “Deriving Ethics from Action: A Nietzchean Version of Constitutivism.” Philosophy and Phenomenological Research, LLC. Boston University: 2011. 60 - 61 -N. Systems of collaboration via contract create their own transmittable morals – inconsistency fails. Mayer: 62 -Yet, what possible difference can MNCs make? Two potential contributions may be noted: First, as argued in the previous Part, MNCorporations can - and morally, should - use their increasingly potent political speech and influence to advocate domestic and global legal systems that are fair, transparent, ecologically sensible, and allow competition in accord with the best economic and ecological thinking available. To some extent, this is already taking place; corporate advocacy for generalized rules against bribery, or collaboration in transnational systems such as ISO 14000, set standards and practices that are not merely local. Second, U.S. and EU-based MNCs can realize that they share, relative to much of the world, a common culture and civilization; they may strive to be borderless, but are not valueless. Given that MNCs will and invariably transmit ideas, values, and ways of life that are alien to many cultures, they must own up to their values and must hold them consistently. 63 -Donald Mayer, Professor of Management at Oakland University, 2002 (Vanderbilt Journal of Transnational Law, “GOVERNANCE, STAKEHOLDER ACCOUNTABILITY, AND SUSTAINABLE PEACE: Corporate Governance in the Cause of Peace: An Environmental Perspective”, March) 64 - 65 -O. Detachment leads to demoralization – means that corporations can inconsequentially violate contracts, which is impermissible. Nesteruk: 66 -But the possibility of individual moral development outside the political process deserves a place within corporate theory. To illustrate what I mean, I would like to draw on a classic article by Art Wolfe in which he proposed a mechanism for developing the moral sensibilities of key individuals within the corporation. Wolfe called the mechanism he proposed the "corporate apology." Under his proposal, corporate harms would result in more than a legal judgment requiring financial compensation to persons injured by a corporate action. In appropriate cases the law also would require key individual decision makers within the corporation to meet face-to-face with the individual harmed by their decisions and to offer a personal apology. While Wolfe's proposal may well have practical obstacles, my concern here is with the theoretical framework from which it proceeds. Its assumption is that individual moral development is possible, even outside the realm of political deliberation. Individual moral development, in Wolfe's view, occurs when our moral sensibilities are engaged in unmediated and concrete ways, such as when we must face directly the harm we have caused others. "Philosophers and psychologists," Wolfe notes, "have pointed out the chief moral constraint on humans is not in the formalized law, but in our everyday activity; it is our ability to see ourselves as the recipients of our own actions." He underscores the need to make business decisions "need be compellingly human by making business managers literally feel the impact of their decisions." For Wolfe, the "compellingly human" nature of business decisions is obscured when decision makers are a considerable distance from the consequences of their choices. Yet such a distance is often a fact of life in the complex, commercial society in which we live. "Our business environment," writes Wolfe, "is dominated by very large corporations where thousands of employees and managers interact and make decisions that affect us all. . . . The high-level decision makers in these institutions are far removed from the impact of their decisions." 67 -Jeffrey Nesteruk, Professor of Legal Studies at Franklin-Marshall College, 2005 (Winter/Spring, American Business Law Journal, “Response Enriching Corporate Theory”) 68 - 69 -P. The resolution doesn’t specify an agent of action, which means that it is a priori true as every individual holds each subject to their own individual moral standards 70 - 71 -Q. Presume aff because 11 side bias 72 - 73 -R. An action is defined as a “legal process; a lawsuit.”, and because everyone follows the same law, the res is automatically true. 74 - 75 -S. Corporations are held to international law, which is a universal contract de facto, and thus are held to the same overall moral standards, even if subsequent moral standards can fluctuate in local government. Alvárez: 76 -The international investment regime consists of nearly 3000 bilateral investment treaties (BITs) and regional free trade agreements with investment chapters (FTAs, such as the North American Free Trade Agreement (NAFTA)) around the world. This treaty network provides foreign investors of the respective treaty parties fair and equitable treatment, full protection and security, and other protections under customary international law such as the guarantees of the international minimum standard. Most of these investment treaties also include protections from violations of investors’ investment contracts with hosts states, national and most favored nation treatment, prompt, adequate and effective compensation upon expropriation, and other rights. 77 -Alvárez, Jose E. "Are Corporations “Subjects” Of International Law?" Law NYU. New York University, 12 Mar. 2012. Web. 8 Mar. 2017. 78 - 79 -T. Roses are red 80 -Violets are blue 81 -Corporations are people 82 -And use their morals too 83 - 84 -U. Game over issue. MTD: 85 -Corporations are a special kind of entity. Although they are not persons, they have the same legal rights as persons in the United States, and these rights are protected under the 14th Amendment. This fact is uncontroversial. There is, however, some controversy and disagreement as to what follows from this peculiar legal arrangement – particularly with respect to ethical considerations such as moral responsibility. “Morality governs the actions of rational beings insofar as they affect other rational beings. Formal organizations – for instance, corporations – act. Ford Motor Company produces cars; it also builds factories, hires and fires people, pays them wages, pays taxes, recalls defective models, and so on. Not only do businesses act, they also act rationally according to a rational decision-making procedure. Because their rational actions affect people, these actions can be evaluated from a moral point of view. If it is immoral for an individual to discriminate, it is also immoral for a corporation to discriminate. If it is praiseworthy for an individual to give to charity, it is praiseworthy for a business to give to charity…Actions can be morally evaluated whether done by an individual or by an entity such as a company, corporation, or a nation.”1 86 -Moral Terms Dictionary. "Moral Status of Corporations." Seven Pillars Institute. Prospect Think Tank, 3 Oct. 2010. Web. 8 Mar. 2017. 87 - 88 -V. Reason for action depends on the actual alternative. Suppose PP is asked to write a review that he’s best qualified to write, but knows that if he says yes he’ll never actually complete the review, he ought to say no since this is better than the actual alternative. Jackson and Pargetter: 89 -There are four considerations which support Actualism's answer that Procrastinate ought to say no, and we will note that each might with suitable modifications be applied to the Jones case to give the answer that Jones ought to accelerate. (i) Possibilism is arbitrary. It is true that saying yes is an essential part of the best extended course of action open to Procrastinate, namely, saying yes and later writing. This fact is the basis of Possibilism's declaration that Procrastinate ought to say yes. But it is equally true that saying yes is an essential part of the worst extended course of action open to him, namely, saying yes but failing to write the review. Surely then there must be more to say before the question of what Procrastinate ought to do is settled. In themselves the fact that saying yes is part of the best, and the fact that it is part of the worst shows nothing. The first points to the answer that Procrastinate ought to say yes, the second equally to that he ought to say no. Possibilism errs in allowsing the first fact to settle the matter. By contrast, Actualism holds that we arbitrates between the two by reference to what Procrastinate PP would do were he to say yes, and would do were he to say no; and as in our case what would be the case were he to say yes would be worse, he ought not say yes and ought to say no. … Similarly, Jones ought to accelerate; for she ought to given she is going to change lanes, and she is going to change lanes. (iv) If anything is clear about the case of ProcrastinatePP, it is that he ought not unduly delay the reviewing of the book. That is the basis for judging that his saying yes but failing to review would be the worst result. But what is unduly delaying the reviewing? Doing something which causes (in right way) the undue delaying of the reviewing of the book. But ex hypothesi Procrastinate’s saying yes would be doing something which causes the undue delaying of the reviewing of the book, hence, would be his unduly delaying the reviewing of the book. Thus, as his unduly delaying the review is something he ought not do, so is his saying yes. ‘They’ are one and the same, and Possibilism's answer that he ought to say yes is wrong. Similarly, unduly disrupting the traffic in the lane she is going to change into is something Jones ought not do; but it is the same action in the case as described as not accelerating; hence, not accelerating is not, and accelerating is, what Jones ought to do. We have labored the case for Actualism, more particularly for its answers that Procrastinate ought to say no, and that Jones ought to accelerate, because Actualism has a consequence which is prima facie untoward. We hope to have motivated you to follow us in seeing how on examination it is not untoward but rather leads us to an appreciation of the second problem referred to at the beginning.” 90 -Frank Jackson and Robert Pargetter, “Oughts, Options, and Actualism”, Philosophical Review, 1986 91 -That means to defend a CP the neg must prove the counterfactual of the aff, rather than proving the neg preferable 92 - 93 -W. Counterplans are non-functional because there is no agent of action or action. 94 - 95 -X. The X point is the Y point 96 - 97 -Y. The Y point is the X point 98 - 99 -Z. Thus I affirm 100 - 101 -Underview: 102 -The following skews exist against the aff 103 -A. Time skew becomes 6-1 in the 2NR since I cover multiple layers, makes it impossible to win. 104 -B. 1 minute is 1/4 of the 1AR versus 1/7 of the NC, means that the neg reading arguments on permissibility is skewed. 105 -C. The neg won 8 percent1 more rounds at octas and quarters bids last year. 106 -1 Vbriefly. “LD Side Bias.” Includes every round from an octas or quarters bid during the 2014-2015 season. 3177 aff wins, 3737 neg wins. 107 -D. The aff goes into the round blind, where the neg can adapt their intitial rebuttal to the affirmative speech. Outweighs framing power because the neg can make the intitial uplayering, where the aff loses that chance in the 2AR. This means the neg has a larger opportunity to uplayer - 7 minutes to 4. 108 -E. The aff has more chances to make mistakes - as they have A) more speeches and B) more times necessary to extend the position to win - EntryDate
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