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1 +I value morality as per the evaluative term “ought” in the resolution, which is defined as “used to express duty or moral obligation”. By Merriam-Webster.
2 +The standard is minimizing structural violence
3 +Structural violence is bad for equality – inclusion is an epistemological prerequisite to forming cohesive moral theories that can be justified to the public.
4 +Structural violence is based in moral exclusion, which is fundamentally flawed because exclusion is not based on dessert but rather on arbitrary difference.
5 +Winter and Leighton 1. Winter, D. D., and Dana C. Leighton." Structural violence." Peace, conflict and violence: Peace psychology for the 21st century (2001): 99-101.
6 +Finally, to recognize the operation of structural violence forces us to ask questions about how and why we tolerate it, questions which often have painful answers for the privileged elite who unconsciously support it. A final question of this section is how and why we allow ourselves to be so oblivious to structural violence. Susan Opotow offers an intriguing set of answers, in her article Social Injustice. She argues that our normal perceptual cognitive processes divide people into in-groups and out-groups. Those outside our group lie outside our scope of justice. Injustice that would be instantaneously confronted if it occurred to someone we love or know is barely noticed if it occurs to strangers or those who are invisible or irrelevant. We do not seem to be able to open our minds and our hearts to everyone, so we draw conceptual lines between those who are in and out of our moral circle. Those who fall outside are morally excluded, and become either invisible, or demeaned in some way so that we do not have to acknowledge the injustice they suffer. Moral exclusion is a human failing, but Opotow argues convincingly that it is an outcome of everyday social cognition. To reduce its nefarious effects, we must be vigilant in noticing and listening to oppressed, invisible, outsiders. Inclusionary thinking can be fostered by relationships, communication, and appreciation of diversity. Like Opotow, all the authors in this section point out that structural violence is not inevitable if we become aware of its operation, and build systematic ways to mitigate its effects. Learning about structural violence may be discouraging, overwhelming, or maddening, but these papers encourage us to step beyond guilt and anger, and begin to think about how to reduce structural violence. All the authors in this section note that the same structures (such as global communication and normal social cognition) which feed structural violence, can also be used to empower citizens to reduce it. In the long run, reducing structural violence by reclaiming neighborhoods, demanding social jus- tice and living wages, providing prenatal care, alleviating sexism, and celebrating local cultures, will be our most surefooted path to building lasting peace.
7 +Theories that can’t account for the reality we live in fail as normative guides to action.
8 +Farrely 7. Colin Farrelly, 2007, Professor of Political Studies, Queen's University, "Justice in Ideal Theory: A Refutation", Political Studies, 2007. RFK
9 +Political philosophers have recently begun to take seriously methodological questions concerning what a theoretical examination of political ideals (e.g. justice) is supposed to accomplish and how effective theorizing in ideal theory is in securing those aims. Andrew Mason (2004) and G. A. Cohen (2003), for example, believe that the fundamental principles of justice are logically independent of issues of feasibility and questions about human nature. Their position contrasts sharply with political theorists like John Dunn (1990) and Joseph Carens (2000) who believe that normative theorizing must be integrated with an appreciation of the empirical realities of one’s society. Rather than bracket questions of feasibility and human nature, empirically oriented political theorists believe that real, non-ideal considerations (like our historical circumstances, problems of institutional design, etc.) must be taken seriously when deriving normative theories of justice.1 And some justice theorists, most notably John Rawls (1971; 1996), attempt to occupy a middle position that acknowledges some moderate feasibility constraints (e.g. pluralism) but also employs a number of idealizing assumptions (e.g. society is closed, full compliance, etc.) when deriving the principles of justice. The disagreement between those political philosophers who feel inclined to invoke highly abstract hypotheticals when deriving the principles of justice, and those political theorists who take seriously real, non-ideal considerations, is a disagreement over how fact-sensitive a theory of distributive justice ought to be. Mason raises a challenge for the more empirically grounded political theorists when he asks: ‘what reason do we have for thinking that any adequate analysis of an ideal such as justice must be conducted in the light of an investigation of what is feasible?’ (Mason, 2004, p. 255). In this article I hope to provide a compelling response to Mason’s question. I believe there is some conceptual incoherence involved in saying ‘This is what justice involves, but there is no way it could be implemented’ (Mason, 2004, p. 255).This incoherence stems from the fact that a theory of social justice, and the principles of justice it endorses, must function as an adequate guide for our collective action. A theory of social justice that yields impotent or misguided practical prescriptions is a deficient theory of justice. If the collective aspiration to implement the conclusions of a theory would not result in any noticeable increase in the justness of one’s society, then it fails as a normative theory. In this article I argue that theorising about justice at the level of ideal theory is inherently flawed and thus has impoverished liberal egalitarianism. I believe that moderate ideal theorists, such as Rawls and Ronald Dworkin, are actually much closer to the idealizing end of the spectrum and thus their theories are not adequately fact-sensitive to be considered realistically utopian.2 Ideal theorists (falsely) assume that a political philosopher can easily determine (or has privileged access to) what constitutes the ‘best foreseeable conditions’. Furthermore, by assuming full compliance, ideal theorists violate the constraints of a realistic utopia. Determining what is feasible in partially compliant societies that exist in the modern area of rapid globalisation is perhaps one of the major sources of political disagreement in contemporary democratic societies. Rather than side-stepping such disagreement, political philosophers should advance theories of justice that adopt a critically reflective attitude towards their own background empirical assumptions concerning what is realistically possible. The moderate ideal theories of Rawls and Dworkin fail to internalize such a reflective attitude. By illustrating the shortcomings of Rawls and Dworkin I hope to convince political philosophers that they need to take the empirical realities of real societies more seriously. Rather than moving in the direction advocated by Cohen and Mason (i.e. towards a more extreme idealized position) political philosophers should take more seriously non-ideal theory. This will help equip them with a theory of justice that can provide some normative guidance for real, non-ideal societies. More specifically, I argue that liberal egalitarians who function at the level of ideal theory adopt a cost-blind approach to rights and a narrow view of possible human misfortune. The former issue leads liberal egalitarians to give priority to a serially ordered principle of equal basic liberties (Rawls, 1971; 1996) or to treat rights as ‘trumps’ (Dworkin, 1978); and the latter to a stringent prioritarian principle (Rawls’ difference principle) or luck egalitarianism. Taken together, the costblind approach to rights, coupled with the narrow view of human misfortune, mean the liberal egalitarian theories of justice cannot address the issue of tradeoffs that inevitably arises in real non-ideal societies that face the fact of scarcity. This makes liberal egalitarianism an ineffective theory of social justice. Liberal egalitarian theories of justice are theories that typically function at the level of ideal theory. The distinction between ideal and non-ideal theory is not given rigorous classification in the existing literature. As Mason (2004, p. 265) notes, this distinction is employed by Rawls in The Law of Peoples. An account of justice in ideal theory must recognize ‘some moderately strong feasibility constraints which require it to be realistic in the best of foreseeable conditions’ (Mason, 2004, p. 265). Rawls describes ideal theory as being realistically utopian. Political philosophy is realistically utopian ‘when it extends what are ordinarily thought of as limits of practical political possibility’ (Rawls, 1999a, p. 6). This contrasts with non-ideal theory, which is concerned with problems of noncompliance or unfavourable (historical, social or economic) conditions.
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1 +Minority enrollment in colleges is high.
2 +McGill 15 (Andrew McGill. Andrew McGill is a senior associate editor at The Atlantic. “The Missing Black Students At Elite American Universities”. 11-23-2015. The Atlantic. http://www.theatlantic.com/politics/archive/2015/11/black-college-student-body/417189/) //TruLe
3 +Over the past 20 years, black enrollment in colleges and universities has skyrocketed. It’s a huge success story, one that’s due to the hard work of black families, college admissions officers, and education advocates. But at top-tier universities in the United States, it’s a different story. There, the share of students who are black has actually dropped since 1994. Among the 100-odd “very high research activity” institutions scored by Indiana University’s Center for Postsecondary Research, most saw their percentage of black undergraduates shrink between 1994 and 2013, the product of modest growth in black enrollment amid a much more rapid expansion of students on campus, according to data collected by the U.S. Department of Education. This list includes not only Ivy League schools and selective private colleges, but also many large public universities, including UCLA, Florida State, and the University of Michigan. Meanwhile, other institutions of higher education—including speciality schools, baccalaureate programs, and colleges that primarily offer associate degrees—have seen black representation increase, sometimes dramatically. This statistic put the recent campus discussions on race in a different light: less a spontaneous uprising of discontent, and more an inevitability. “When you already have an issue around inclusion ... these incidents of late heighten that perception and confirm that perception,” said Tyrone Howard, an associate dean for equity and inclusion at UCLA and director of the university’s Black Male Institute. “It gives some students of color some pause—do I really want to go to a place that, at least from the optics, suggests they’re not inclusive?” Since 1994, black enrollment has doubled at institutions that primarily grant associate degrees, including community colleges. In 2013, black students accounted for 16 percent of the student body there, versus 11 percent in 1994. Universities focusing on bachelor’s, master’s, and doctoral degrees also broadly saw gains, with blacks making up 14 percent of the population, compared to 11 percent in 1994. But at top-tier universities, black undergraduate populations average 6 percent, a statistic that has remained largely flat for 20 years. (It’s less than half of what their share of the population might suggest; the Census reports that 15 percent of Americans between the ages of 20 and 24 are black.) While some schools have had success—the University of Missouri’s main campus has actually increased its black share by 3 percentage points since 1994—the median school barely budged. (At Harvard, for example, 6.5 percent of undergraduates were black in 2013, down from 7.4 percent in 1994.) Researchers say top-tier schools have left black students behind in their push for ever-more-selective admission rates. Many rely heavily on measures that disadvantage minority students, including standardized test scores. The greater emphasis on such criteria has left high school counselors in predominantly black schools underprepared to respond. And tighter admissions may have prompted high school counselors to steer black students toward less selective schools. “Those schools don’t have as much support around college prep as they should. As a result, those students are woefully in the dark about their college options,” Howard said. “If a student shows he or she has a profile that would be considered at UCLA or Berkeley, if no one at the school or a counselor or an administrator helps the student to recognize it, that student shoots for a less-selective state school instead.” But simply admitting more black students isn’t enough. Persistently lower graduation rates among black students show that promising enrollment numbers alone won’t build an inclusive campus. The curriculum matters, academics say, as does support. So does the diversity of the faculty. “Even at places that are impressively diverse, students still feel very much on the fringes,” said Shaun Harper, a professor in the Graduate School of Education at the University of Pennsylvania and executive director of the Center for the Study of Race and Equity in Education. “Simply having more students of color on a college campus does not ensure that they are going to feel included and respected.” There’s no question that top-tier schools are becoming more diverse. White students made up 58 percent of the student body in 2013, down from 72 percent in 1994. Universities have also recruited more Hispanics, the United States’ largest minority group.
4 +A perception of openness to hate speech causes minorities to drop out of colleges.
5 +Wilkerson 90 (Isabel Wilkerson. Isabel Wilkerson (born 1961) is a Pulitzer Prize-winning American journalist, and the author of The Warmth of Other Suns: The Epic Story of America's Great Migration. “Racial Harassment Altering Blacks' Choices On Colleges”. 05-09-1990. New York Times. http://www.nytimes.com/1990/05/09/us/racial-harassment-altering-blacks-choices-on-colleges.html?pagewanted=all) //TruLe
6 +Recent cases of racial harassment on the nation's campuses and a general atmosphere of racial tension have become increasingly important factors in the decisions made by many black families about where to send their children to college, according to high school counselors and black students and their families. The perception of racial hostility is inducing more families to send their children to historically black colleges to avoid the issue altogether, while others are scrutinizing predominantly white schools more carefully to weed out those that appear less racially tolerant. ''Our schools are getting more and more applications from students who are disgruntled,'' said Alan Kirschner, vice president for programs and public policy at the United Negro College Fund. ''These students want the chance to develop without the threat of harassment that looms over many of those campuses.'' Mood of Apprehension Kharis McLaughlin, a Boston guidance counselor who works with black college-bound students, remembers the apprehension a group of black students felt when she recently took them to the University of Massachusetts at Amherst, where a racial melee occurred after the 1986 World Series. ''Some students were a bit fearful,'' Mrs. McLaughlin said. ''Whether it's right or wrong, these things will sway people if they perceive a danger. If you hear that someone had a horrible experience at a school, you're not likely to go. That's how decisions are made.'' But the choices seem to be getting narrower for blacks looking for predominantly white schools not touched by racial turmoil. In the last five years, incidents of racial harassment or violence have been reported at more than 300 colleges and universities across the country, according to the National Institute Against Prejudice and Violence, an independent, nonprofit policy research group based in Baltimore that tracks racial violence on college campuses. All types of campuses are involved, a including the University of Massachusetts at Amherst, The Citadel, Smith College, Brown University, Wesleyan University, the University of Michigan, the University of Wisconsin and the University of Florida. The incidents range from racist graffiti and hate notes to the formation of white supremacy groups and allegations of racially motivated brutality by campus police. And at hundreds of other campuses where there may be no reports of overt acts of bigotry, black students describe a general sense of polarization and hostility. Last week, more than 1,000 students, most of them black, halted traffic with a sit-in on Broad Street in the middle of Temple University's Philadelphia campus, after members of a white fraternity, armed with baseball bats and sticks, chased three blacks they believed had broken windows of their fraternity house. Eleven students were injured in the melee, eight of them black, and students said the campus police had used excessive force and handcuffed only black students. At Emory University in Atlanta last March, a black woman found racist epithets scrawled in her dormitory room and her stuffed animals ripped apart. The case is being investigated by the police and the Georgia Bureau of Investigation. On Sunday at Trinity College in Hartford, billiard balls were thrown through a window at a black cultural center, setting off a protest march by black students the next day. Question for Recruiters Because of such incidents, racial harassment has become a standard question facing college representatives trying to recruit black students to predominantly white campuses, and with each racial incident comes a battery of calls from concerned black parents of current or prospective students, college officials say. The officials are less inclined to say whether black applications to their schools have risen or decreased, and without access to such data at all campuses where incidents have occurred, it is impossible to quantify cause and effect. Despite the recent incidents, a big majority of the nation's one million black college students - about 80 percent - remain enrolled at the nation's predominantly white colleges, as against about 20 percent at historically black colleges, said Dr. Reginald Wilson, a senior scholar at the American Council on Education. ''There's no question in my mind that black kids are leaving white schools or not going to them in the first place because of the chilly climate,'' he said. ''But it's not the parting of the Red Sea. There is not a flood of people leaving white schools.'' But even schools that have taken the lead in censuring acts of bigotry are finding that the perception of a hostile campus may long outlive the incidents themselves. One Senior's Decision After months of indecision, Robin Scott, a graduating senior at Cass Technical High School in Detroit, recently chose Spelman College, a historically black women's college in Atlanta, over the University of Michigan, where racist jokes broadcast on the campus radio station and the distribution of racist fliers in 1987 marred the school's reputation. The university administration has since instituted a code that specifically prohibits racial harassment and has sponsored many conferences and seminars to encourage racial tolerance. Still, Ms. Scott's recent visit to the Ann Arbor campus confirmed suspicions founded on the incidents, she said. ''The white students were cold and distant,'' she said. ''I have to deal with racism the rest of my life. Why should I deal with that in college?'' Last fall, two members of an all-white fraternity at the University of Mississippi were stripped, bound and stranded at Rust College, a predominantly black school nearby, with racial slurs and ''KKK'' written on their chests. Although one fraternity member was expelled and four were suspended for the incident, recruiting is still difficult. ''I've been at this university 28 years, and the progress made here is absolutely remarkable,'' said Ed Meek, a spokesman for the University of Mississippi. ''Yet a problem like that negates all of that in the minds of people.'' Since then, the incidents have dogged the university in its effort to attract more black students. ''We recruit very aggressively, one on one, and that subject comes up,'' Mr. Meek said. ''We have learned in some cases to bring it up ourselves.'' Hardening of Perceptions It does not take long for images and perceptions to calcify, students say. ''We all have families across the nation and we go back and tell them, and these things spread,'' said Yvette Russell, a black student at the University of Massachusetts at Amherst. A recent study by the Institute Against Prejudice and Violence showed that one out of five minority students is subjected to some form of physical or psychological racial harassment every year. One out of three of those victims re-experience harassment every year. ''We're seeing a spiraling of tension,'' said Dr. Howard J. Ehrlich, a sociologist who is the research director of the institute. ''Most of the incidents are forms of psychological harassment that involve the total humiliateion of the student. I have no doubt that the increase in enrollment at black colleges is a result of black students' apprehension.'' Some parents and students try to find clues about a campus's atmosphere and commitment to diversity by poring over guidebooks, checking black retention and graduation rates, going over the ratios of blacks to the total enrollment. But some parents are finding there is no way to shield their children completely. One couple in New York had settled on Brown University as the No. 1 choice for their 16-year-old daughter, Jessica, who will be putting in her applications next year. But the family was dismayed when it learned of several racial incidents at the campus, which is in Providence. ''It was a reaction of, ''Now what do we do?' '' said Jessica's mother. Could Happen Anywhere These incidents could happen anywhere, Dr. Ehrlich said, adding, ''There are no external characteristics that will tell you on what campus the incidents will occur.'' Indeed, some black students end up regretting the choice they made. ''At times I wish I had gone somewhere else so that I wouldn't have to deal with these things,'' said Derrick Young, a student at the University of Illinois, where racial tensions rose last month when the police broke up two predominantly black parties. ''I spend hours upon hours dealing with these types of issues. That's time away from studying.'' Many, like Clarence Wilson of Oklahoma City, are transferring to black institutions. Last year, Mr. Wilson left the University of Oklahoma, where white fraternity members were seen wearing T-shirts emblazoned with black stereotypical characters and where he said white friends would socialize with him in dormitory rooms but not in public. Now he is a sophomore at Xavier College in New Orleans. ''I decided it was time to leave,'' he said. ''I realized I was missing something.'' Tony Hampton, of Chicago, says he does not think he would be a graduating college senior if he had not gone to Xavier. ''Not until I came to Xavier did I get some self-esteem,'' Mr. Hampton said. But others say black students need to become accustomed to being in the minority. ''You take a risk of these things' happening whenever you go to a predominantly white school,'' said Gene Williams, a junior at Emory University in Atlanta. ''Emory is really just a microcosm of of our whole country.'' Education experts warn that merely turning to black schools is not the long-term solution. ''Those colleges don't have the capacity to handle all those kids,'' Dr. Wilson said. ''We can't use the black schools as an escape. The question is, How can we make the white schools more hospitable?, because that's where the bulk of them are going to go.''
7 +Campus diversity is key to racial progress, economic growth, decreased poverty, national security, and more.
8 +Kerby 12 (Sophia Kerby. Sophia Kerby is the Policy Associate in the Brennan Center’s Washington, D.C. office, where she works to advance Brennan Center policy priorities in Congress. In addition to providing support for the Director and Chief Counsel of the Washington office, Sophia meets with civil rights, social justice, and democracy organizations to develop policy goals and share information critical to advancing civil rights in federal policy and regulations. Sophia also works on racial and criminal justice advocacy and reform, voting rights, and ex-felon enfranchisement. Prior to joining the Brennan Center, Sophia worked at the Center for American Progress where her work focused on communities of color, women and their socioeconomic intersections. Her work has been published in the Huffington Post and National Journal. Sophia holds a B.A in government and politics from the University of Maryland-College Park. “10 Reasons Why We Need Diversity On College Campuses. 10-09-2012”. Center for American Progress. https://www.americanprogress.org/issues/race/news/2012/10/09/41004/10-reasons-why-we-need-diversity-on-college-campuses/) //TruLe
9 +The Supreme Court will begin hearing arguments tomorrow in Fisher v. University of Texas, a constitutional challenge to race-conscious admission policies at colleges and universities. If the Court bars the use of race in admissions, it will erase 50 years of progress and threaten universities’ attempts to make college campuses more diverse and inclusive. Conservatives hope that this case will overturn the Court’s 2003 ruling in Grutter v. Bollinger, which allowed schools to use race as one of the many factors in achieving racial diversity in their institutions. Such a ruling, however, would adversely impact students on college campuses and would go against our nation’s founding principles of fairness and equal opportunity. As a nation we have come a long way in terms of inclusiveness—in 2008 we elected our first African American president—but our work is far from done. It’s important that as a country we continue to expand opportunities for all to ensure that we are giving everyone a fair shot. Here are 10 reasons why diversity on college campuses is crucial for all students. 1. Our nation is changing, and our higher education institutions need to reflect this diversity. More than half of all U.S. babies today are people of color, and by 2050 our nation will have no clear racial or ethnic majority. Communities of color are tomorrow’s leaders, and we need to better prepare our future workforce. 2. While communities of color have made great strides in closing the education gap, disparities in higher education remain prevalent. According to the U.S. Census Bureau, in 2009 about 28 percent of Americans older than 25 years of age had a four-year college degree. That same year only 17 percent of African Americans and 13 percent for Hispanics had a four-year degree. 3. It’s in our national interest to invest in our future workforce. People of color today make up about 36 percent of the workforce. According to Census Bureau projections, by 2050 one in two workers will be a person of color. As our nation becomes more diverse, so too does our workforce. 4. Diversity in the workforce fosters innovation and competitiveness in business. Studies consistently show that diversity drives innovation and fosters creativity. In a Forbes survey, 85 percent of respondents said diversity is crucial for their businesses, and approximately 75 percent indicated that their companies will put more focus during the next three years to leverage diversity to achieve their business goals. 5. Fortune 500 companies agree that diversity is good for the bottom line. More than 60 leading 500 Fortune companies—including Coca-Cola, General Electric, Hewlett-Packard, Intel, Johnson and Johnson, and many others—came out in support of race-based admission policies in an amicus brief to the Supreme Court in the Grutter v. Bollingerruling. 6. Diversity is a national security issue. In the past, our U.S. armed forces have argued that a highly qualified and racially diverse officer corps is essential to the military’s ability to provide national security. A top Army personnel official states that, “Diversity adds to the strength of the military as a force.” In Grutter v.Bollinger a number of high-ranking officers and civilian leaders of the Army, Navy, Air Force, and Marine Corps urged the Court to uphold the limited consideration of race. 7. Diversity on campus benefits all students. Diversity on college campuses isn’t just a benefit for the brown and black students. Learning with people from a variety of backgrounds encourages collaboration and fosters innovation, thereby benefitting all students. Research shows that the overall academic and social effects of increased racial diversity on campus are likely to be positive, rangeing from higher levels of academic achievement to the improvement of near- and long-term intergroup relations. 8. The implications of race-neutral policies in educational opportunities are detrimental to the next generation. Admission polices that do not consider race are predicted to decrease representation of students of color at the most selective four-year institutions by 10 percent. Given that our future workforce is projected to be nearly half people of color, it is necessary that universities create a fair process for expanding opportunities to all students. 9. Research show that race-neutral polices simply don’t work. Scholars have already debunked the myth that a class-based admission system is an adequate replacement for a race-based admission policy as a means of creating greater levels of diversity. A study conducted by the University of California, Los Angeles, School of Law found that after using a class-based admission system, enrollment of African Americans and American Indians fell by more than 70 percent. A wide breadth of research concludes that race-conscious practices are necessary in some capacity to achieve a level of diversity that encompasses our diverse nation. 10. The majority of Americans support race-conscious policies in higher education. A CBS News/New York Times poll in 2009 shows that the majority of Americans are in favor of promoting diversity on college campuses through race-conscious policies—including the Asian American population, a group that is inaccurately speculated to benefit from the ban of such practices. An Asian American Legal Defense and Education Fund poll found that 75 percent of Asian Americans voters in Michigan rejected Michigan’s Proposition 2, a 2006 state referendum seeking to ban race-conscious policies. As our nation becomes more diverse, it is crucial that institutions of higher education reflect this diversity. Our growing communities of color are America’s future, and it is important that we not only prepare people of color as future leaders, but that we also expose all students to diversity in education so that America’s students are more competitive in an increasingly global economy.
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1 +CP text: Public colleges and universities should not restrict any constitutionally protected speech except in the instance of revenge pornography
2 +Koppelman 15 . Andrew Koppelman John Paul Stevens Professor of Law and Professor of Political Science, "Revenge Pornography and First Amendment Exceptions," Emory University School of Law, Volume 65, Issue 3, 09/14/15, http://law.emory.edu/elj/content/volume-65/issue-3/articles/revenge-pornography-first-amendment-exceptions.html//AD
3 +People are marvelously inventive in devising new ways to hurt each other. Some of these new ways involve speech. The Supreme Court has recently declared that speech is protected by the First Amendment unless it is a type of communication that has traditionally been unprotected. If this is the law, then harms will accumulate and the law will be helpless to remedy them. A recent illustration is the new phenomenon of “revenge pornography”—the online posting of sexually explicit photographs without the subject’s consent, usually by rejected ex-boyfriends. The photos are often accompanied by the victim’s name, address, phone number, Facebook page, and other personal information. They are sometimes shared with other websites, viewed by thousands of people, and become the first several pages of hits that a search engine produces for the victim’s name. The photos are emailed to the victim’s family, friends, employers, fellow students, or coworkers. They are seen on the Internet by prospective employers and customers. Victims have been subjected to harassment, stalking, and threats of sexual assault. Some have been fired from their jobs. Others have been forced to change schools. The pictures sometimes follow them to new jobs and schools. The pictures’ availability can make it difficult to find new employment. Most victims are female. 1 Twenty-six states have passed laws prohibiting this practice, and others are considering them. 2 (Civil remedies are often available but have not been much of a deterrent: victims often cannot afford to sue, and perpetrators often have few assets to collect. 3 ) The constitutionality of such laws is uncertain, however. These laws restrict speech on the basis of its content. Content-based restrictions (unless they fall within one of the categories of unprotected speech) are invalid unless necessary to a compelling state interest. 4 The state’s interest in prohibiting revenge pornography, so far from being compelling, may not even be one that the state is permitted to pursue. The central harm that such a prohibition aims to prevent is the acceptance, by the audience of the speech, of the message that this person is degraded and appropriately humiliated because she once displayed her naked body to a camera. The harm, in other words, consists in the acceptance of a viewpoint. Viewpoint-based restrictions on speech are absolutely forbidden. 5 There are exceptions to the ban on content-based restrictions: the Court has held that the First Amendment does not protect incitement, threats, obscenity, child pornography, defamation of private figures, criminal conspiracies, and criminal solicitation, for example. 6 None of those exceptions is applicable here. The pathologies of revenge pornography I have just described are the product of entirely new technologies: digital photography and the Internet. Because it is so new, however, it is not a category of speech that has traditionally been denied First Amendment protection. The Court has recently announced that unless speech falls into such a category, it is fully protected. There can be no new categories of unprotected speech. Laws prohibiting revenge pornography thus violate the First Amendment as the Court now understands it. The crux of the problem is the Court’s announced unwillingness to create new categories of non-protection. That unwillingness is not a necessary inference from the First Amendment. The present exceptions to free speech protection are judge-made doctrines. The courts that made them are by the same authority free to construct additional exceptions. Those exceptions would be justified by whatever justified the exceptions already on the books. Free speech is a complex cultural formation that aims at a distinctive set of goods. Its rules must be formulated and reformulated with those specific goods in mind. Pertinently here, one of those goods is a citizenry with the confidence to participate in public discussion. Traumatized, stigmatized women are not the kind of people that a free speech regime aims to create. Revenge pornography threatens to create a class of people who are chronically dogged by a spoiled social identity, and a much larger class of people who know that they could be subjected to such treatment without hope of redress. That state of affairs is directly contrary to the ideal of a regime in which everyone is empowered to participate in public discourse. Part I of this Article examines the constitutional objections to a statute that bans revenge pornography, and argues that those objections, although they are firmly rooted in the doctrines laid down by the Supreme Court, rest on an indefensibly wooden vision of free speech. Part II argues that this vision rests on an impoverished understanding of liberalism, which does not merely aim at constraint on government but which affirmatively seeks a society whose citizens have certain desirable traits of character, notably the courage to participate in public discourse. I develop this claim with a close reading of John Stuart Mill’s On Liberty. Part III argues that revenge pornography has a silencing effect on its victims that directly attacks the Millian ideal. Part IV argues that the creation of free speech exceptions cannot persuasively be ruled out in the way the Court has done, but are a normal part of judicial construction of the First Amendment’s text. The Conclusion reflects on the mechanical character of the free speech rules that the Court has constructed.
4 +Pornography reinforces a cultural of male-dominant sexuality and normalizes sexual violence – turns case
5 +Jensen and Okrina 4. Robert Jensen Professor in the School of Journalism at the University of Texas, a founding board member of the Third Coast Activist Resource Center, and a member of the board of Culture Reframed., Debbie Okrina Member of VAWnet – staff writer, “Pornography and Sexual Violence”, National Resource Center on Domestic Violence
6 +Commercial pornography in the United States is at the same time increasingly more normalized and more denigrating to women. There is understandable interest in the question about the connection between pornography and sexual violence. Rather than asking "does pornography cause rape?" we would be better served by investigating whether pornography is ever a factor that contributes to rape. In other words, Is pornography implicated in sexual violence in this culture? There are limits to what research can tell us about the complex interactions of mass media and human behavior. But from both laboratory research and the narratives of men and women, it is not controversial to argue that pornography can: (1) be an important factor in shaping a male-dominant view of sexuality; (2) be used to initiate victims and break down their resistance to unwanted sexual activity; (3) contribute to a user's difficulty in separating sexual fantasy and reality; and (4) provide a training manual for abusers. These conclusions provide support for the feminist critique of pornography that emerged in the 1970s and '80s, which highlighted pornography's harms to the women and children: (1) used in the production of pornography; (2) who have pornography forced on them; (3) who are sexually assaulted by men who use pornography; and (4) living in a culture in which pornography reinforces and sexualizes women's subordinate status. People who raise critical questions about pornography and the sex industry often are accused of being prudish, anti-sex, or repressive, but just the opposite is true. Such questions are crucial not only to the struggle to end sexual and domestic violence, but also to the task of building a healthy sexual culture. Activists in the anti-violence and anti-pornography movements have been at the forefront of that task.
EntryDate
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1 +2017-01-07 14:07:16.0
Judge
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1 +Max Engel
Opponent
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1 +Boerne Champion NG
ParentRound
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1 +1
Round
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1 +1
Team
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1 +Westwood Le Neg
Title
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1 +JANFEB - Revenge Pornography PIC
Tournament
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1 +Winston Churchill
Caselist.CitesClass[5]
Cites
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1 +Endowments are high now but dropping rapidly - protests are alienating alumni donors, who are of older generations
2 +Hartocollis 8/4 (Anemona Hartocollis. Anemona Hartocollis is a metro reporter who began covering courts for The New York Times in October 2005. On the courts beat, she has written front-page stories about the trial of accused Gambino crime family leader John Gotti, which ended in a hung jury, and the trial of 18 "grannies" acquitted of disorderly conduct during a demonstration against the war in Iraq. From 2002 until 2005, Ms. Hartocollis wrote the “Coping” column in the Sunday City section, a weekly column about life in New York City. From 1997 until 2002, she covered education for the Times, writing about policy issues like whether parents in Greenwich Village should be allowed to pay for a public-school teacher out of their own pockets and the pros and cons of testing school children. Before coming to the Times, Ms. Hartocollis had been a reporter and feature writer for The New York Daily News, New York Newsday, The Philadelphia Inquirer, The Detroit News, The Staten Island Advance and Flatbush Life, a weekly paper in Brooklyn. She has freelanced for Martha Stewart Living and LIFE magazines. Ms. Hartocollis was born on November 3, 1955 in Lausanne, Switzerland. She received her bachelor’s degree in comparative literature from Harvard University in 1977. She has won the Newswomen’s Club of New York Front Page Award (twice); the New York State AP Writing Contest, first place for continuing coverage of education (1996), first place features (1992) and third place features (1995); the Society of Silurians investigative reporting award and the Deadline Club of New York award, among others. Ms. Hartocollis is the author of “Seven Days of Possibilities: One Teacher, 24 Kids, and the Music that Changed Their Lives Forever,” (Public Affairs, 2004) a book about a young music teacher in the Bronx, which began as a series of stories in the Times. “College Students Protest, Alumni’s Fondness Fades And Checks Shrink”. 08-04-2016. New York Times. http://www.nytimes.com/2016/08/05/us/college-protests-alumni-donations.html?_r=1) //TruLe
3 +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 complaints. 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. CreditPeter 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.
4 +
5 +Not restricting constitutionally protected speech means the government yanks away funding from institutions
6 +FIRE 16. Foundatiion for Individual Rights in Education, 4-25-2016, "Department of Justice: Title IX Requires Violating First Amendment," Foundation for Individual Rights in Education, https://www.thefire.org/department-of-justice-title-ix-requires-violating-first-amendment///AD
7 +The Department of Justice now interprets Title IX to require colleges and universities to violate the First Amendment. In an April 22 findings letter concluding its investigation into the University of New Mexico’s policies and practices regarding sex discrimination, the Department of Justice (DOJ) found the university improperly defined sexual harassment. DOJ flatly declared that “unwelcome conduct of a sexual nature”—including “verbal conduct”—is sexual harassment “regardless of whether it causes a hostile environment or is quid pro quo.” To comply with Title IX, DOJ states that a college or university “carries the responsibility to investigate” all speech of a sexual nature that someone subjectively finds unwelcome, even if that speech is protected by the First Amendment or an institution’s promises of free speech. “The Department of Justice has put universities in an impossible position: violate the Constitution or risk losing federal funding,” said Foundation for Individual Rights in Education (FIRE) President and CEO Greg Lukianoff. “The federal government’s push for a national speech code is at odds with decades of legal precedent. University presidents must find the courage to stand up to this federal overreach.” The shockingly broad conception of sexual harassment mandated by DOJ all but guarantees that colleges and universities nationwide will subject students and faculty to months-long investigations—or worse—for protected speech. In recent years, unjust “sexual harassment” investigations into protected student and faculty speech have generated national headlines and widespread concern. Examples include: Northwestern University Professor Laura Kipnis was investigated for months for writing a newspaper article questioning “sexual paranoia” on campus and how Title IX investigations are conducted. Syracuse University law student Len Audaer was investigated for harassment for comedic articles he posted on a satirical law school blog patterned after The Onion. A female student at the University of Oregon was investigated and charged with harassment and four other charges for jokingly yelling “I hit it first” out a window at a couple. The Sun Star, a student newspaper at the University of Alaska Fairbanks, was investigated for nearly a year for an April Fools’ Day issue of the newspaper and for reporting on hateful messages posted to an anonymous “UAF Confessions” Facebook page. And just two weeks ago, a police officer at the University of Delaware ordered students to censor a “free speech ball”—put up as part of a demonstration in favor of free speech—because it had the word “penis” and an accompanying drawing on it, claiming that it could violate the university’s sexual misconduct policy. DOJ’s rationale would not just legitimize all of the above investigations—it would require campuses to either conduct such investigations routinely or face potential federal sanctions. This latest findings letter doubles down on the unconstitutional and controversial “blueprint” definition of sexual harassment jointly issued by DOJ and the Department of Education’s Office for Civil Rights in a May 2013 findings letter to the University of Montana. FIRE and other civil liberties advocates at the time warned that the controversial language threatens the free speech and academic freedom rights of students and faculty members. “Requiring colleges to investigate and record ‘unwelcome’ speech about sex or gender in an effort to end sexual harassment or assault on campus is no more constitutional than would be a government effort to investigate and record all ‘unpatriotic’ speech in order to root out treason,” said Robert Shibley, FIRE’s executive director. “Students, faculty, and administrators must not give in to this kind of campus totalitarianism—and FIRE is here to fight alongside them.” In January, FIRE sponsored a lawsuit filed against Louisiana State University (LSU) that challenges the unconstitutional definition of sexual harassment being promulgated by the Departments of Education and Justice in this and in previous letters. Teresa Buchanan, a tenured associate professor of early childhood education in LSU’s acclaimed teacher certification program, was fired for “sexual harassment” under an LSU policy that tracks the federal government’s broad definition. Buchanan’s lawsuit challenges the policy’s constitutionality and its application to her. FIRE is a nonpartisan, nonprofit educational foundation that unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals from across the political and ideological spectrum on behalf of individual rights, freedom of expression, academic freedom, due process, and freedom of conscience at our nation’s colleges and universities. FIRE’s efforts to preserve liberty on campuses across America can be viewed at thefire.org.
8 +State funding is already down – federal funding key to maintain universities.
9 +Mitchell et al 16. Mitchell, MichaelMichael Mitchell is a Senior Policy Analyst with the Center’s State Fiscal Policy division. Prior to joining the Center, Mitchell worked as a State Policy Fellow for the Washington State Budget and Policy Center, where he conducted research on state taxes and borrowing, the effects of budget cuts on communities of color, and the impacts of the recession on young adults. Mitchell holds a B.A. in Economics and Political Science from the University of Connecticut and an MPA from the Maxwell School at Syracuse University , Michael LeachmanMichael Leachman is Director of State Fiscal Research with the State Fiscal Policy division of the Center, which analyzes state tax and budget policy decisions and promotes sustainable policies that take into account the needs of families of all income levels. Since joining the Center in 2009, Leachman has researched a range of state fiscal policy issues including the impact of federal aid, the debt states owe in their Unemployment Insurance trust funds, and the wisdom of state spending limits. Prior to joining the Center, he was a policy analyst for nine years at the Oregon Center for Public Policy (OCPP), a member of the State Priorities Partnership. His work at OCPP included research on corporate income taxes, reserve funds, spending limits, the Earned Income Tax Credit, food stamps, and TANF. Earlier in his career, Leachman worked as a community organizer in Chicago and, during graduate school, conducted a range of research projects in collaboration with community organizations. Leachman holds a Ph.D. in sociology from Loyola University Chicago, and Kathleen MastersonKathleen Masterson joined the Center as a Research Assistant for the State Fiscal Project in April 2015. Prior to joining SFP, she interned at the Center with the Food Assistance team, primarily tracking the implementation of the community eligibility provision. Masterson has also interned with the Arms Control Association and spent a year teaching English in China. She holds a MPIA from the University of Pittsburgh, and a B.A. in History and Political Science from The College of William and Mary. "Funding Down, Tuition Up." Funding Down, Tuition Up. Center on Budget and Policy Priorities, 15 Aug. 2016. Web. 11 Dec. 2016. http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up//AD
10 +As tuition soared after the recession, federal financial aid also increased. The Federal Pell Grant Program ― the nation’s primary source of student grant aid ― increased the amount of aid it distributed by just over 80 percent between the 2007-08 and 2014-15 school years. This substantial boost has enabled the program not only to reach more students ― 2.7 million more students received Pell support last year than in 2008 ― but also to provide the average recipient with more support. The average grant rose by 21 percent — to $3,673 from $3,028.44 The increase in federal financial aid has helped many students and families cover recent tuition hikes. The College Board calculates that the annual value of grant aid and higher education tax benefits for students at four-year public colleges nationally has risen by an average of $1,410 in real terms since the 2007-08 school year, offsetting about 61 percent of the average $2,320 tuition increase. For community colleges, increases in student aid have more than made up the difference, leading to a drop in net tuition for the average student.45 Since the sticker-price increases have varied so much from state to state while federal grant and tax-credit amounts are uniform across the country, students in states with large tuition increases ¾ such as Arizona, Georgia, and Louisiana ¾ likely still experienced substantial increases in their net tuition and fees, while the net cost for students in states with smaller tuition increases may have fallen. Financial aid provided by states, however — which was far less than federal aid even before the recession — has fallen on average. In the 2007-2008 school year, state grant dollars equaled $740 per student. By 2014, the latest year for which full data is available, that number had fallen to $710, a drop of roughly 4 percent.46
11 +Loss of funding kills quality of education – turns case
12 +Mitchell et al 2. Mitchell, MichaelMichael Mitchell is a Senior Policy Analyst with the Center’s State Fiscal Policy division. Prior to joining the Center, Mitchell worked as a State Policy Fellow for the Washington State Budget and Policy Center, where he conducted research on state taxes and borrowing, the effects of budget cuts on communities of color, and the impacts of the recession on young adults. Mitchell holds a B.A. in Economics and Political Science from the University of Connecticut and an MPA from the Maxwell School at Syracuse University , Michael LeachmanMichael Leachman is Director of State Fiscal Research with the State Fiscal Policy division of the Center, which analyzes state tax and budget policy decisions and promotes sustainable policies that take into account the needs of families of all income levels. Since joining the Center in 2009, Leachman has researched a range of state fiscal policy issues including the impact of federal aid, the debt states owe in their Unemployment Insurance trust funds, and the wisdom of state spending limits. Prior to joining the Center, he was a policy analyst for nine years at the Oregon Center for Public Policy (OCPP), a member of the State Priorities Partnership. His work at OCPP included research on corporate income taxes, reserve funds, spending limits, the Earned Income Tax Credit, food stamps, and TANF. Earlier in his career, Leachman worked as a community organizer in Chicago and, during graduate school, conducted a range of research projects in collaboration with community organizations. Leachman holds a Ph.D. in sociology from Loyola University Chicago, and Kathleen MastersonKathleen Masterson joined the Center as a Research Assistant for the State Fiscal Project in April 2015. Prior to joining SFP, she interned at the Center with the Food Assistance team, primarily tracking the implementation of the community eligibility provision. Masterson has also interned with the Arms Control Association and spent a year teaching English in China. She holds a MPIA from the University of Pittsburgh, and a B.A. in History and Political Science from The College of William and Mary. "Funding Down, Tuition Up." Funding Down, Tuition Up. Center on Budget and Policy Priorities, 15 Aug. 2016. Web. 11 Dec. 2016. http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up//AD
13 +Years of cuts in state funding for public colleges and universities have driven up tuition and harmed students’ educational experiences by forcing faculty reductions, fewer course offerings, and campus closings. These choices have made college less affordable and less accessible for students who need degrees to succeed in today’s economy. YEARS OF CUTS HAVE MADE COLLEGE LESS AFFORDABLE AND LESS ACCESSIBLE FOR STUDENTS.Though some states have begun to restore some of the deep cuts in financial support for public two- and four-year colleges since the recession hit, their support remains far below previous levels. In total, after adjusting for inflation, funding for public two- and four-year colleges is nearly $10 billion below what it was just prior to the recession. As states have slashed higher education funding, the price of attending public colleges has risen significantly faster than the growth in median income. For the average student, increases in federal student aid and the availability of tax credits have not kept up, jeopardizing the ability of many to afford the college education that is key to their long-term financial success. States that renew their commitment to a high-quality, affordable system of public higher education by increasing the revenue these schools receive will help build a stronger middle class and develop the entrepreneurs and skilled workers that are needed in the new century. Of the states that have finalized their higher education budgets for the current school year, after adjusting for inflation:2 Forty-six states — all except Montana, North Dakota, Wisconsin, and Wyoming — are spending less per student in the 2015-16 school year than they did before the recession.3 States cut funding deeply after the recession hit. The average state is spending $1,598, or 18 percent, less per student than before the recession. Per-student funding in nine states — Alabama, Arizona, Idaho, Illinois, Kentucky, Louisiana, New Hampshire, Pennsylvania, and South Carolina — is down by more than 30 percent since the start of the recession. In 12 states, per-student funding fell over the last year. Of these, four states — Arkansas, Illinois, Kentucky, and Vermont — have cut per-student higher education funding for the last two consecutive years. In the last year, 38 states increased funding per student. Per-student funding rose $199, or 2.8 percent, nationally. Deep state funding cuts have had major consequences for public colleges and universities. States (and to a lesser extent localities) provide roughly 54 percent of the costs of teaching and instruction at these schools.4 Schools have made up the difference with tuition increases, cuts to educational or other services, or both. Since the recession took hold, higher education institutions have: Increased tuition. Public colleges and universities across the country have increased tuition to compensate for declining state funding and rising costs. Annual published tuition at four-year public colleges has risen by $2,333, or 33 percent, since the 2007-08 school year.5 In Arizona, published tuition at four-year schools is up nearly 90 percent, while in six other states — Alabama, California, Florida, Georgia, Hawaii, and Louisiana — published tuition is up more than 60 percent. These sharp tuition increases have accelerated longer-term trends of college becoming less affordable and costs shifting from states to students. Over the last 20 years, the price of attending a four-year public college or university has grown significantly faster than the median income.6 Although federal student aid and tax credits have risen, on average they have fallen short of covering the tuition increases. Tuition increases have compensated for only part of the revenue loss resulting from state funding cuts. Over the past several years, public colleges and universities have cut faculty positions, eliminated course offerings, closed campuses, and reduced student services, among other cuts. A large and growing share of future jobs will require college-educated workers.7 Sufficient public investment in higher education to keep quality high and tuition affordable, and to provide financial aid to students who need it most, would help states develop the skilled and diverse workforce they will need to compete for these jobs. Sufficient public investment can only occur, however, if policymakers make sound tax and budget decisions. State revenues have improved significantly since the depths of the recession but are still only modestly above pre-recession levels.8 To make college more affordable and increase access to higher education, many states need to supplement that revenue growth with new revenue to fully make up for years of severe cuts. But just as the opportunity to invest is emerging, lawmakers in a number of states are jeopardizing it by entertaining tax cuts that in many cases would give the biggest breaks to the wealthiest taxpayers. In recent years, states such as Wisconsin, Louisiana, and Arizona have enacted large-scale tax cuts that limit resources available for higher education. And in Illinois and Pennsylvania ongoing attempts to find necessary resources after large tax cuts threaten current and future higher education funding.
14 +Endowments key to education quality and accessibility to marginalized bodies.
15 +ACE 14. The American Council on Education is a U.S. higher education organization established in 1918., 2014, " Understanding College and University Endowments," http://www.acenet.edu/news-room/Documents/Understanding-Endowments-White-Paper.pdf //RS
16 +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, 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 needblind 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.
EntryDate
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1 +2017-01-07 16:07:43.0
Judge
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1 +Jimmy Frazier
Opponent
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1 +Stony Point FB
ParentRound
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1 +2
Round
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1 +3
Team
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1 +Westwood Le Neg
Title
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1 +JANFEB - Funding DA
Tournament
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1 +Winston Churchill
Caselist.CitesClass[6]
Cites
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1 +No anti-cyberbullying laws in the 1AC b/c they are restrictions on free speech – increases cyberbullying
2 +Hayward 13. John O. Hayward, Senior Lecturer in Law at Bentley Universityds, "Anti-Cyberbullying Laws Are a Threat to Free Speech," Netiquette and Online Ethics, Gale: Opposing Viewpoints in Context, 2013, http://ic.galegroup.com/ic/ovic/ViewpointsDetailsPage/DocumentToolsPortletWindow?displayGroupName=Viewpointsandjsid=86b8d9990680ac70437ab043a7b61192andaction=2andcatId=anddocumentId=GALE7CEJ3010868216andu=nysl_we_bcsdandzid=e5792b8229fbb3d88a51bec521a1e8cf//AD
3 +While forty-three states have anti-bullying statutes, only twenty-one prohibit cyber bullying, which usually is defined as "bullying" conducted by electronic means. Additionally, the laws can be grouped into prohibitions that explicitly include off-campus cyber bullying or implicitly include or exclude it. Typical legislative language is "immediately adjacent to school grounds," "directed at another student or students," "at a school activity," or "at school-sponsored activities or at a school-sanctioned event." The statutes also usually contain language prohibiting cyber bullying if it results in one or more of the following: (1) causes "substantial disruption" of the school environment or orderly operation of the school, (2) creates an "intimidating," "threatening" or "hostile" learning environment, (3) causes actual harm to a student or student's property or places a student in reasonable fear of harm to self or property, (4) interferes with a student's educational performance and benefits, (5) includes as a target school personnel or references "person" rather than "student," and (6) incites third parties to carry out bullying behavior. Five states prohibit cyber bullying if it is motivated by an actual or perceived characteristic or trait of a student. Presumably this protects gay and lesbian students and school personnel from criticism because of their sexual orientation but it could also shield obese, bulimic, short and tall students from disparagement due to their weight or height. While many applaud anti-cyber bullying legislation, some are concerned that it gives school officials unbridled authority that will be used to burnish their image, not protect bullying victims, or that it threatens student free speech. Furthermore, if their authority is unleashed beyond the school yard, it is essentially limitless. Thus no student, even in the privacy of their home, can write about controversial topics of concern to them without worrying that it may be "disruptive" or cause a "hostile environment" at school. In effect, students will be punished for off-campus speech based on the way people react to it at school. Many of the terms are so vague that they offer no guidance to distinguish permissible from impermissible speech. In this sense, they are akin to campus speech codes that courts invalidated in the 1990s for vagueness and overbreadth. Consequently, these laws don't simply "chill" student free speech, they plunge it into deep freeze. This viewpoint argues that for these reasons, some anti-cyber bullying laws violate the First Amendment and should be struck down as unconstitutional.
4 +Anti-cyberbullying laws key to prevent cyberbullying – squo solves and checks off campus behavior
5 +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//AD
6 +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…
7 +Cyberbullying is conducive to abuse and kills self worth – impedes the ability to get education, turns case
8 +ETCB 16, End To Cyber Bullying, The End to Cyber Bullying (ETCB) Organization was founded in 2011 to raise global awareness on cyberbullying, and to mobilize youth, educators, parents, and others in taking efforts to end cyberbullying, “A Surprising Long-Term Effect of Cyberbullying, ETCB Organization, 2016, http://www.endcyberbullying.org/a-surprising-long-term-effect-of-cyberbullying///AD
9 +If someone repeatedly tells the victim online that they is are worthless, useless, a waste of space or that they 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 they can achieve in life. A cyberbullying victim may miss out on opportunities because the victim believes they 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.
10 +Cyberbullying disproportionately affects racial/sexual minorities – turns case
11 +Brandon 14. Mary Howlett-Brandon, Doctor of Philosophy at Virginia Commonwealth University “CYBERBULLYING: AN EXAMINATION OF GENDER, RACE, ETHNICITY, AND ENVIRONMENTAL FACTORS FROM THE NATIONAL CRIME VICTIMIZATION SURVEY: STUDENT CRIME SUPPLEMENT, 2009”, 2014, http://scholarscompass.vcu.edu/cgi/viewcontent.cgi?article=4485andcontext=etd//AD
12 +Other and mixed race students reported cyberbullying victimization at 4.2, 26 Black students at 1.9, and Hispanic students at 1.3. Whites, however, experienced 3.1 victimization by electronic technology. Wang et al. (2009) also reported the percentage of cyberbullying by race. Black students reported the highest level of cyberbullying activity at 10.9, Hispanic students at 9.6, and the category of students classified as other at 7.3. White students reported cyberbullying victimization at 6.7. The Kessel Schneider et al. (2012) study also addressed the cyberbullying behavior of students by race and ethnicity. The race/ethnic breakdown of the sample is as follows: 75.2 White, 12.3 mixed/other, 5.8 Hispanic, 3.9 Asian, and 2.8 Black. Kessel Schneider et al. (2012) found that 5.7 of the White students and 8.4 of the non-White students conveyed they had been cyberbullied during the previous 12 months.
EntryDate
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1 +2017-01-07 23:10:23.0
Judge
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1 +Kendra Blaney
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1 +BASIS San Antonio JQ
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1 +3
Round
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1 +5
Team
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1 +Westwood Le Neg
Title
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1 +JANFEB - Cyberbullying DA
Tournament
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1 +Winston Churchill
Caselist.CitesClass[7]
Cites
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1 +The university has become the cornerstone of production, where research and learning has become more and more focused on using students as capital for knowledge economies and mass capitalist globalization.
2 +Peters and Besley 6 (Michael A. Peters and A.C. Besley, Building Knowledge Cultures: Education and Development in the Age of Knowledge Capitalism, 2006, pp 24-25, 7/5/2016)
3 +It is not hard to make the leap from informatization and the postmodernization of production to an understanding of the implications for higher education or, indeed, schooling per se. In this context, we can easily talk of the informatization of knowledge production. We can recognize, as have many national governments, the significance of higher education in the knowledge economy, and the role of research in bolstering productivity. Many of the strategies concerning technology transfer have been centered on universities, with an emphasis on partnerships with business and the development of new start-up and spin-off companies. Governments have also tried to encourage the “clustering” of universities as a means of regional development. There has been a general reorientation of university curricula toward more practical and vocational knowledge, and university teachers and lectures are increasingly encouraged to engage in e-learning and to prepare their lectures as part of online courses. In this context, the questions of immaterial labor, intellectual property, and the culturalization of economic knowledge become leading policy issues. The World Bank recognizes the importance of tertiary education systems for developing and transitional economies, which face significant new trends regarding the convergent impacts of globalization, the information and communication revolutions, and the increasing importance of knowledge as a main driver of growth. The bank now argues that the role of tertiary education in the construction of knowledge economies and democratic societies is more influential than ever and that tertiary education is central to knowledge creation and production. At the same time, there is the danger of a growing digital divide between strata within developing countries between North and South. In a major report, Constructing Knowledge Societies: New Challenges for Tertiary Education, the World Bank (2002) describes how tertiary education contributes to building up a country’s capacity for participating in an increasingly knowledge-based world economy. It also investigates policy options for tertiary education that have the potential to enhance economic growth and reduce poverty. In some ways, the report indicates new directions. While it expands on Higher Education: The Lessons of Experience (World Bank 1994), it also emphasizes new trends, particularly the emerging role of knowledge as a major driver of economic development, and greater competition from nontraditional providers in a “borderless education” environment. The report recognizes that modes of delivery and organizational structures will become transformed as a result of the communications revolution. It comments on the rise of market forces in tertiary education and the emergence of a global market for advanced human capital.
4 +This turns the case – the commodification of speech reflects the capitalist illusion of freedom. It makes speech meaningless and kills value to life. Smith 14
5 +R.C. Smith April 24, 2014 “POWER, CAPITAL and THE RISE OF THE MASS SURVEILLANCE STATE: ON THE ABSENCE OF DEMOCRACY, ETHICS, DISENCHANTMENT and CRITICAL THEORY” Heathwood Institute and Press http://www.heathwoodpress.com/power-capital-the-rise-of-the-mass-surveillance-state-on-the-absence-of-democracy-ethics-disenchantment-critical-theory/ JJN from file
6 +One pressing issue, moreover, is that majority of the popular movements that have emerged in response to the Snowden leaks appear to be reformist in character. As a result, the discourse isn’t so much about fundamental system change; rather it becomes crafted into making mass surveillance less repulsive and more socially acceptable, even marketable. (Consider, for instance, the latest reforms proposed by President Barack Obama). For Adorno, this reformist inclination can be explained in part through an analysis of the logic of the system of capital. We read in Adorno how under modernity – i.e., capitalism – human beings are treated as commodities4 and the political-economy, which is principled on concentrations of power (i.e., ‘contradictory recognition’5), goes over the head of the individual, particularly as ‘coercive society’ aims to ‘shape people’ on behalf of the economic, social and political status quo.6 The system of capital, along with the instrumental use of Enlightenment ideals to promote a rational, efficient system7 have laid a foundation for society wherein the political-economy influences individuals and manufactures consent.8 Accordingly, people are seen as “substitutable entities valued merely for their instrumental uses or ability to command market resources,” and even where “commodification is resisted, the overriding pull of society is toward the status quo and those forms that are valued by society”. 9 As Kate Schick writes: The mind thus shapes itself into socially acceptable, marketable forms and freedom becomes an illusion, made all the more dangerous and difficult to resist because of the appearance of freedom. This is not the fault of Enlightenment ideals as such, but the instrumental use of these ideals in the promotion of a rational, efficient system: ‘The network of the whole is drawn ever tighter, modelled after the act of exchange’ (Adorno 1981: 21).10 Present in the logic of the system of capital itself is not an ‘emancipatory reason’ that aims toward universal guiding principles of an actually egalitarian democracy – i.e., Equality, Egalitarianism, Justice, Rights, etc. Rather, in modern capitalism, with its instrumental reason and positivist logic, such concepts lose their meaning.11 The social narrative no longer accommodates these fundamental principles or judges them to be delusions, because all concepts must be strictly functional in order to be considered “reasonable”.12 In turn, the ideals of a ‘good’ society, for example ideals toward an actual egalitarian democracy, become dependent on the “interests” of the dominant and governing system, which produces and reproduces the epistemic context of its own validity.13
7 +Our critique independently outweighs the case - neoliberalism causes extinction and massive social inequalities – the affs single issue legalistic solution is the exact kind of politics neolib wants us to engage in so the root cause to go unquestioned. Farbod 15
8 + ( Faramarz Farbod , PhD Candidate @ Rutgers, Prof @ Moravian College, Monthly Review, http://mrzine.monthlyreview.org/2015/farbod020615.html, 6-2)
9 +Global capitalism is the 800-pound gorilla. The twin ecological and economic crises, militarism, the rise of the surveillance state, and a dysfunctional political system can all be traced to its normal operations. We need a transformative politics from below that can challenge the fundamentals of capitalism instead of today's politics that is content to treat its symptoms. The problems we face are linked to each other and to the way a capitalist society operates. We must make an effort to understand its real character. The fundamental question of our time is whether we can go beyond a system that is ravaging the Earth and secure a future with dignity for life and respect for the planet. What has capitalism done to us lately? The best science tells us that this is a do-or-die moment. We are now in the midst of the 6th mass extinction in the planetary history with 150 to 200 species going extinct every day, a pace 1,000 times greater than the 'natural' extinction rate.1 The Earth has been warming rapidly since the 1970s with the 10 warmest years on record all occurring since 1998.2 The planet has already warmed by 0.85 degree Celsius since the industrial revolution 150 years ago. An increase of 2° Celsius is the limit of what the planet can take before major catastrophic consequences. Limiting global warming to 2°C requires reducing global emissions by 6 per year. However, global carbon emissions from fossil fuels increased by about 1.5 times between 1990 and 2008.3 Capitalism has also led to explosive social inequalities. The global economic landscape is littered with rising concentration of wealth, debt, distress, and immiseration caused by the austerity-pushing elites. Take the US. The richest 20 persons have as much wealth as the bottom 150 million.4 Since 1973, the hourly wages of workers have lagged behind worker productivity rates by more than 800.5 It now takes the average family 47 years to make what a hedge fund manager makes in one hour.6 Just about a quarter of children under the age of 5 live in poverty.7 A majority of public school students are low-income.8 85 of workers feel stress on the job.9 Soon the only thing left of the American Dream will be a culture of hustling to survive. Take the global society. The world's billionaires control $7 trillion, a sum 77 times the debt owed by Greece to the European banks.10 The richest 80 possess more than the combined wealth of the bottom 50 of the global population (3.5 billion people).11 By 2016 the richest 1 will own a greater share of the global wealth than the rest of us combined.12 The top 200 global corporations wield twice the economic power of the bottom 80 of the global population.13 Instead of a global society capitalism is creating a global apartheid. What's the nature of the beast? Firstly, the "egotistical calculation" of commerce wins the day every time. Capital seeks maximum profitability as a matter of first priority. Evermore "accumulation of capital" is the system's bill of health; it is slowdowns or reversals that usher in crises and set off panic. Cancer-like hunger for endless growth is in the system's DNA and is what has set it on a tragic collision course with Nature, a finite category. Secondly, capitalism treats human labor as a cost. It therefore opposes labor capturing a fair share of the total economic value that it creates. Since labor stands for the majority and capital for a tiny minority, it follows that classism and class warfare are built into its DNA, which explains why the "middle class" is shrinking and its gains are never secure. Thirdly, private interests determine massive investments and make key decisions at the point of production guided by maximization of profits. That's why in the US the truck freight replaced the railroad freight, chemicals were used extensively in agriculture, public transport was gutted in favor of private cars, and big cars replaced small ones. What should political action aim for today? The political class has no good ideas about how to address the crises. One may even wonder whether it has a serious understanding of the system, or at least of ways to ameliorate its consequences. The range of solutions offered tends to be of a technical, legislative, or regulatory nature, promising at best temporary management of the deepening crises. The trajectory of the system, at any rate, precludes a return to its post-WWII regulatory phase. It's left to us as a society to think about what the real character of the system is, where we are going, and how we are going to deal with the trajectory of the system ~-~- and act accordingly. The critical task ahead is to build a transformative politics capable of steering the system away from its destructive path. Given the system's DNA, such a politics from below must include efforts to challenge the system's fundamentals, namely, its private mode of decision-making about investments and about what and how to produce. Furthermore, it behooves us to heed the late environmentalist Barry Commoner's insistence on the efficacy of a strategy of prevention over a failed one of control or capture of pollutants. At a lecture in 1991, Commoner remarked: "Environmental pollution is an incurable disease; it can only be prevented"; and he proceeded to refer to "a law," namely: "if you don't put a pollutant in the environment it won't be there." What is nearly certain now is that without democratic control of wealth and social governance of the means of production, we will all be condemned to the labor of Sisyphus. Only we won't have to suffer for all eternity, as the degradation of life-enhancing natural and social systems will soon reach a point of no return.
10 +Our alternative is to vote negative to refuse to participate in activities that support capitalism – key to hollowing out capitalist structures.
11 +Herod 4. Herod, Columbia University Graduate and Political Activist, 2004 (James, Getting Free, http://site.www.umb.edu/faculty/salzman_g/Strate/GetFre/06.htm, JC)
12 +It is time to try to describe, at first abstractly and later concretely, a strategy for destroying capitalism. This strategy, at its most basic, calls for pulling time, energy, and resources out of capitalist civilization and putting them into building a new civilization. The image then is one of emptying out capitalist structures, hollowing them out, by draining wealth, power, and meaning out of them until there is nothing left but shells. This is definitely an aggressive strategy. It requires great militancy, and constitutes an attack on the existing order. The strategy clearly recognizes that capitalism is the enemy and must be destroyed, but it is not a frontal attack aimed at overthrowing the system, but an inside attack aimed at gutting it, while simultaneously replacing it with something better, something we want. Thus capitalist structures (corporations, governments, banks, schools, etc.) are not seized so much as simply abandoned. Capitalist relations are not fought so much as they are simply rejected. We stop participating in activities that support (finance, condone) the capitalist world and start participating in activities that build a new world while simultaneously undermining the old. We create a new pattern of social relations alongside capitalist relations and then we continually build and strengthen our new pattern while doing every thing we can to weaken capitalist relations. In this way our new democratic, non-hierarchical, non-commodified relations can eventually overwhelm the capitalist relations and force them out of existence. This is how it has to be done. This is a plausible, realistic strategy. To think that we could create a whole new world of decent social arrangements overnight, in the midst of a crisis, during a so-called revolution, or during the collapse of capitalism, is foolhardy. Our new social world must grow within the old, and in opposition to it, until it is strong enough to dismantle and abolish capitalist relations. Such a revolution will never happen automatically, blindly, determinably, because of the inexorable, materialist laws of history. It will happen, and only happen, because we want it to, and because we know what we’re doing and know how we want to live, and know what obstacles have to be overcome before we can live that way, and know how to distinguish between our social patterns and theirs. But we must not think that the capitalist world can simply be ignored, in a live and let live attitude, while we try to build new lives elsewhere. (There is no elsewhere.) There is at least one thing, wage-slavery, that we can’t simply stop participating in (but even here there are ways we can chip away at it). Capitalism must be explicitly refused and replaced by something else. This constitutes War, but it is not a war in the traditional sense of armies and tanks, but a war fought on a daily basis, on the level of everyday life, by millions of people. It is a war nevertheless because the accumulators of capital will use coercion, brutality, and murder, as they have always done in the past, to try to block any rejection of the system. They have always had to force compliance; they will not hesitate to continue doing so. Nevertheless, there are many concrete ways that individuals, groups, and neighborhoods can gut capitalism, which I will enumerate shortly. We must always keep in mind how we became slaves; then we can see more clearly how we can cease being slaves. We were forced into wage-slavery because the ruling class slowly, systematically, and brutally destroyed our ability to live autonomously. By driving us off the land, changing the property laws, destroying community rights, destroying our tools, imposing taxes, destroying our local markets, and so forth, we were forced onto the labor market in order to survive, our only remaining option being to sell, for a wage, our ability to work. It’s quite clear then how we can overthrow slavery. We must reverse this process. We must begin to reacquire the ability to live without working for a wage or buying the products made by wage-slaves (that is, we must get free from the labor market and the way of living based on it), and embed ourselves instead in cooperative labor and cooperatively produced goods. Another clarification is needed. This strategy does not call for reforming capitalism, for changing capitalism into something else. It calls for replacing capitalism, totally, with a new civilization. This is an important distinction, because capitalism has proved impervious to reforms, as a system. We can sometimes in some places win certain concessions from it (usually only temporary ones) and win some (usually short-lived) improvements in our lives as its victims, but we cannot reform it piecemeal, as a system.¶ Thus our strategy of gutting and eventually destroying capitalism requires at a minimum a totalizing image, an awareness that we are attacking an entire way of life and replacing it with another, and not merely reforming one way of life into something else. Many people may not be accustomed to thinking about entire systems and social orders, but everyone knows what a lifestyle is, or a way of life, and that is the way we should approach it. The thing is this: in order for capitalism to be destroyed millions and millions of people must be dissatisfied with their way of life. They must want something else and see certain existing things as obstacles to getting what they want. It is not useful to think of this as a new ideology. It is not merely a belief-system that is needed, like a religion, or like Marxism, or Anarchism. Rather it is a new prevailing vision, a dominant desire, an overriding need. What must exist is a pressing desire to live a certain way, and not to live another way. If this pressing desire were a desire to live free, to be autonomous, to live in democratically controlled communities, to participate in the self-regulating activities of a mature people, then capitalism could be destroyed. Otherwise we are doomed to perpetual slavery and possibly even to extinction.
13 +The role of the ballot is challenging capitalism in educational spaces – it has seeped into educational sites and has corrupted our epistemology, means K is a prior question.
14 +Giroux 8. (Henry A, Global Network Television Chair in English and Cultural Studies at McMaster University, and Susan S, Associate Professor of English and Cultural Studies at McMaster University, “Education After Neoliberalism”, December 31 2008, http://www.truth-out.org/archive/component/k2/item/81781:education-after-neoliberalism,
15 +In spite of the crucial connection between various modes of domination and pedagogy, there is little input from progressive social theorists of what it might mean to theorize how education as a form of cultural politics actually constructs particular modes of address, identification, affective investments and social relations that produce consent and complicity with the ethos and practice of neoliberalism. Hence, while the current economic crisis has called into question the economic viability of neoliberal values and policies, it often does so by implying that neoliberal rationality can be explained through an economic optic alone, and consequently gives the relationship of politics, culture and inequality scant analysis. Neoliberal rationality is lived and legitimated in relation to the intertwining of culture, politics and meaning. Any viable challenge to the culture of neoliberalism as well as the current economic crisis it has generated must address not merely the diffuse operations of power throughout civil society and the globe, but also what it means to engage those diverse educational sites producing and legitimating neoliberal common sense, whether they be newspapers, advertising, the Internet, television or more recent spheres developed as part of the new information revolution. In addition, it is crucial to examine what role public intellectuals, think tanks, the media and universities actually play pedagogically in constructing and legitimating neoliberal world views, and how the latter works pedagogically in producing neoliberal subjects and securing consent.
EntryDate
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1 +2017-02-04 02:46:43.0
Judge
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1 +Anthony Brown
Opponent
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1 +Grapevine DS
ParentRound
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1 +4
Round
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1 +1
Team
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1 +Westwood Le Neg
Title
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1 +JANFEB - Cap K
Tournament
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1 +Colleyville
Caselist.CitesClass[8]
Cites
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1 +Endowments are high now but dropping rapidly - protests are alienating alumni donors, who are of older generations
2 +Hartocollis 8/4 (Anemona Hartocollis. Anemona Hartocollis is a metro reporter who began covering courts for The New York Times in October 2005. On the courts beat, she has written front-page stories about the trial of accused Gambino crime family leader John Gotti, which ended in a hung jury, and the trial of 18 "grannies" acquitted of disorderly conduct during a demonstration against the war in Iraq. From 2002 until 2005, Ms. Hartocollis wrote the “Coping” column in the Sunday City section, a weekly column about life in New York City. From 1997 until 2002, she covered education for the Times, writing about policy issues like whether parents in Greenwich Village should be allowed to pay for a public-school teacher out of their own pockets and the pros and cons of testing school children. Before coming to the Times, Ms. Hartocollis had been a reporter and feature writer for The New York Daily News, New York Newsday, The Philadelphia Inquirer, The Detroit News, The Staten Island Advance and Flatbush Life, a weekly paper in Brooklyn. She has freelanced for Martha Stewart Living and LIFE magazines. Ms. Hartocollis was born on November 3, 1955 in Lausanne, Switzerland. She received her bachelor’s degree in comparative literature from Harvard University in 1977. She has won the Newswomen’s Club of New York Front Page Award (twice); the New York State AP Writing Contest, first place for continuing coverage of education (1996), first place features (1992) and third place features (1995); the Society of Silurians investigative reporting award and the Deadline Club of New York award, among others. Ms. Hartocollis is the author of “Seven Days of Possibilities: One Teacher, 24 Kids, and the Music that Changed Their Lives Forever,” (Public Affairs, 2004) a book about a young music teacher in the Bronx, which began as a series of stories in the Times. “College Students Protest, Alumni’s Fondness Fades And Checks Shrink”. 08-04-2016. New York Times. http://www.nytimes.com/2016/08/05/us/college-protests-alumni-donations.html?_r=1) //TruLe
3 +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 complaints. 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. CreditPeter 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.
4 +Endowments key to education quality and accessibility to marginalized bodies.
5 +ACE 14. The American Council on Education is a U.S. higher education organization established in 1918., 2014, " Understanding College and University Endowments," http://www.acenet.edu/news-room/Documents/Understanding-Endowments-White-Paper.pdf //RS
6 +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, 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 needblind 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.
7 +And, diversity outweighs and turns the case – calls into question how we view and assess learning.
8 +Chang 2. Chang, Mitchell J. "Perservation or Transformation: Where's the Real Educational Discourse on Diversity?." The Review of Higher Education 25.2 (2002): 125-140.
9 +Historically, postsecondary institutions did not willingly embrace, let¶ alone collectively defend, diversity-related efforts. It took heavy-handed¶ intervention by the federal government to open wider the doors of higher¶ education to students of color. This change and subsequent institutional¶ alterations now considered under the rubric of diversity varied in the ease¶ with which different campuses implemented them; but it is fair to say that¶ much ongoing administrative resistance (Altbach, 1991; Olivas, 1993; Trent,¶ 1991a) and prolonged acrimonious debate (Levine, 1996) characterized the¶ typical campus dealing with diversity issues. Institutional conflicts typically¶ occurred because, as Hurtado (1996) observed, “These diversity issues¶ often required fundamental changes in premises and practices at many levels”¶ (p. 27), which, according to Chan (1989), threatened the very structure¶ of power both within and outside the university.¶ Because the diversity agenda and its related efforts seek to effect change¶ at almost all levels of higher education, it has been described as a “transformative¶ enterprise” (Nakanishi and Leong, 1978; Wei, 1993). In this view, diversity¶ initiatives are not simply innocuous extensions of preexisting¶ institutional interests but are instead efforts that challenge and seek to¶ transform traditional institutional practices and arrangements toward making¶ education more equitable, diverse, and inclusive, as well as more open¶ to alternative perspectives (Hirabayashi, 1997). Perhaps because the transformative¶ aims associated with diversity tend to challenge existing arrangements,¶ colleges and universities have not done all that they must do to¶ maximize the educational benefits associated with diversity (Allen, 1992;¶ Chang, 1999b). Hurtado (1996) held that “both resistance and change are¶ inevitable parts of the major transformation that is under way in the mission¶ of postsecondary institutions—a mission that includes diversity as a¶ key component” (p. 29). Therefore, she maintained, some tension and conflict¶ are likely at the level of deep institutional change in the history of individual¶ campus diversity efforts. In an educational setting, however, tension¶ and conflict are not necessarily problematic for learning (Gurin, 1999), unless¶ they prevent campuses from successfully implementing a multifaceted¶ approach to diversity.¶ Given that the transformative aims often clash with deep-seated institutional¶ assumptions and values, the educational benefits associated with diversity¶ emerge, more often than not, out of institutional transformation¶ and not out of preexisting ways of operating and behaving. In other words,¶ educational benefits for students emanate from changes that challenge prevailing¶ educational sensibilities and that enhance educational participation. Accordingly, retired Harvard professor Charles Willie pointed out in an interview¶ that the educational significance of diversity is best observed when¶ viewed as “the foundation for institutional change and self-correction” (qtd.¶ in Buchbinder, 1998) and not as an uncritical manifestation of preexisting¶ institutional values and ideals. As such, diversity calls into question not only¶ how learning is viewed and what is valued, but also how learning should be¶ assessed. In the next section, I will discuss further how the diversity agenda¶ seeks to transform higher education’s understanding of and impact on learning.
EntryDate
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1 +2017-02-04 02:46:44.0
Judge
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1 +Anthony Brown
Opponent
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1 +Grapevine DS
ParentRound
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1 +4
Round
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1 +1
Team
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1 +Westwood Le Neg
Title
... ... @@ -1,0 +1,1 @@
1 +JANFEB - Endowments DA
Tournament
... ... @@ -1,0 +1,1 @@
1 +Colleyville
Caselist.CitesClass[9]
Cites
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1 +Fraternities are the modern-day outpost of institutional anti-blackness sustaining power structures within universities.
2 +Umesh 15. Nisha Umesh: Studying Women and Gender Studies and Sociology, 8-1-2015, "With Growing 'Misogyny And Racism', It's Time To 'Dismantle Historically White Fraternities'," Youth Ki Awaaz, https://www.youthkiawaaz.com/2015/08/sexism-and-racism-white-fraternities/ //RS
3 +It has been about two months since my first year of college ended at the University of North Carolina at Greensboro (UNCG). The University was originally established in 1891 by the North Carolina General Assembly under “An Act to Establish a Normal and Industrial School for White Girls.” In 1956, JoAnne Smart Drane and Bettye Ann Tillman would become the first Black women to enroll at UNCG. And in the fall of 1964, the student body included 282 men as result of a top-down decision to make all UNC System schools co-educational. I do not approve of the initial exclusion of Black women, among other women of colour such as myself, a clear manifestation of racism and sexism in action. However, since 1964, patriarchy has gone nowhere and is still alive and thriving. The majority of my unpleasant memories from my first year involved various men, who felt entitled to harass me on a regular basis. I had little familiarity with these types of experiences prior to college, and was jolted into a harsh reality I was not prepared to face. Consequently, I am critical of the decision to include men, because of how it has affected my time as a First Year. Presently on a global scale, women across college campuses face the threat and fear of rape and sexual assault, which we have become normalized to, as it is deeply embedded into our institutions and culture. On college campuses around 1 in 4 women in college are victims of sexual violence, and about 1 in 12 men in college will admit to having raped a woman. These numbers are a clear indication of gender-based oppression, in which men are favored and women are abused. I soon began to realise just how patriarchy and gender-based oppression weigh down on women’s lives. Whether it be catcalling, sexual assault, rape, emotional or psychological abuse, the power dynamic of this social construct without a doubt favors men, and victimizes women. There exists so deeply permeated into our society a culture resulting from patriarchal norms, which dehumanizes women’s bodies and minds. We are struggling to survive in a blissfully ignorant world, which has historically oppressed us into mere objects of pleasure. While speaking about sexual violence on college campuses, we must center our conversation around historically White fraternities, which have through time expressed both anti-Black sentiments and misogyny. We cannot forget while addressing sexual violence against women, white men in these fraternities perpetuate racism, demonising and excluding black people and other people of colour from their institutions. This is perfectly evidenced by a recent incident, in which the frat Sigma Alpha Epsilon of Oklahoma University chanted a racist mantra whilst gathered on a bus, which consisted of the lines “You can hang em’ from a tree, but it will never start with me…“. Much of the U.S reacted with disgust and complete shock, to which I must ask, should we be surprised? With the U.S having such a deep history of anti-blackness, as this very nation was built off the labour and genocide of people of colour, can we truly express shock towards what has and never will be an isolated incident? Lynching is not a racial crime of the past, and today still trails in the shadows of black people, as evidenced by this video. As Robert Cohen, professor of Social Studies and History at New York University, so eloquently says: “Lynching symbolizes black powerlessness…The implication seems to be that even if the university integrates the fraternity will remain an outpost of white supremacy and racial exclusion.” Jessica Bennett, a columnist at Time, poses the question: “Why isn’t every campus in America dissolving its fraternity program — or at least instituting major, serious reform?” Amid endless reports of sexual violence emerging against fraternity members, our universities must critique the violence perpetuated by historically white fraternities, and question whether these powerful male social groups should exist. From policing the bodies and dress of women, abusing alcohol, and expressing anti-Black sentiment, it is time to dismantle historically white fraternities and prioritise social groups which can provide a space of support and voice for people of colour. Sexual violence and anti-Blackness are very much tied together, for as white fraternities are granted systemic privilege, and power, they utilize this to abuse women, especially women of of colour. Misogyny and racism has always been present in our education institutions and will continue to, until we recognize and fight to dismantle patriarchy and abolish white supremacy in the U.S. As Cohen powerfully states regarding the incident at the University of Oklahoma: “The historical roots of this racist fraternity tradition and the political, cultural and demographic props that sustain it must be understood and confronted honestly if the ghost of Jim Crow is ever to be banished from frat row.“
4 +Frats protected by 1st amendment.
5 +Lukianoff 11. Greg Lukianoff President and Ceo, Foundation For Individual Rights In Education, 8-1-2011, "To Survive, Fraternities Need to Stand for Something, Anything," Huffington Post, http://www.huffingtonpost.com/greg-lukianoff/fraternities-and-free-spe_b_912673.html //RS
6 +A lot of fraternities seem to know that their freedom of association is protected by the First Amendment. (While the freedom to join and form groups is not technically listed in the text of the First Amendment, it is understood to arise from the protections of freedom of speech and the right to assembly.) What fraternities often do not know, however, is that there are several different kinds of freedom of association protected by the First Amendment, and they are not all made equal. The strongest kind of freedom of association protected by the First Amendment is the right to “intimate” association, best represented by the family. Our government recognizes that the bonds of family are particularly important and that it should do its best to avoid actions that interfere with this bond. The second strongest kind of freedom of association is called “expressive” association. Sensibly, courts understand that the right to freedom of expression would not mean a great deal if we are forbidden from joining together with like-minded individuals to amplify the power of our voices and take collective action. This understanding forms the basis of our right to form groups around commonly held beliefs whether they are religious, secular, or ideological. Everything from Mothers Against Drunk Driving to NORML is a kind of expressive association. (This includes my nonprofit, the Foundation for Individual Rights in Education, as well.)
EntryDate
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1 +2017-02-04 16:47:48.523
Judge
... ... @@ -1,0 +1,1 @@
1 +Dawn Paciotti
Opponent
... ... @@ -1,0 +1,1 @@
1 +Hockaday HS
ParentRound
... ... @@ -1,0 +1,1 @@
1 +5
Round
... ... @@ -1,0 +1,1 @@
1 +4
Team
... ... @@ -1,0 +1,1 @@
1 +Westwood Le Neg
Title
... ... @@ -1,0 +1,1 @@
1 +JANFEB - Fraternities PIC
Tournament
... ... @@ -1,0 +1,1 @@
1 +Colleyville
Caselist.RoundClass[1]
Cites
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1 +2,3,4
EntryDate
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1 +2017-01-07 14:07:14.0
Judge
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1 +Max Engel
Opponent
... ... @@ -1,0 +1,1 @@
1 +Boerne Champion NG
Round
... ... @@ -1,0 +1,1 @@
1 +1
RoundReport
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1 +1AC - Destruction of Sovereignty
2 +1NC - Structural Violence FW Dropouts DA Revenge Pornography PIC
Tournament
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1 +Winston Churchill
Caselist.RoundClass[2]
Cites
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1 +5
EntryDate
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1 +2017-01-07 16:07:42.0
Judge
... ... @@ -1,0 +1,1 @@
1 +Jimmy Frazier
Opponent
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1 +Stony Point FB
Round
... ... @@ -1,0 +1,1 @@
1 +3
RoundReport
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1 +1AC - Butler
2 +1NC - Structural Violence FW Dropouts DA Funding DA Revenge Pornography PIC
Tournament
... ... @@ -1,0 +1,1 @@
1 +Winston Churchill
Caselist.RoundClass[3]
Cites
... ... @@ -1,0 +1,1 @@
1 +6
EntryDate
... ... @@ -1,0 +1,1 @@
1 +2017-01-07 23:10:21.0
Judge
... ... @@ -1,0 +1,1 @@
1 +Kendra Blaney
Opponent
... ... @@ -1,0 +1,1 @@
1 +BASIS San Antonio JQ
Round
... ... @@ -1,0 +1,1 @@
1 +5
RoundReport
... ... @@ -1,0 +1,2 @@
1 +1AC - Constitution
2 +1NC - Structural Violence FW Cyberbullying DA Revenge Pornography PIC
Tournament
... ... @@ -1,0 +1,1 @@
1 +Winston Churchill
Caselist.RoundClass[4]
Cites
... ... @@ -1,0 +1,1 @@
1 +7,8
EntryDate
... ... @@ -1,0 +1,1 @@
1 +2017-02-04 02:46:41.0
Judge
... ... @@ -1,0 +1,1 @@
1 +Anthony Brown
Opponent
... ... @@ -1,0 +1,1 @@
1 +Grapevine DS
Round
... ... @@ -1,0 +1,1 @@
1 +1
RoundReport
... ... @@ -1,0 +1,2 @@
1 +1AC - Stock
2 +1NC - Cap K Endowments DA
Tournament
... ... @@ -1,0 +1,1 @@
1 +Colleyville
Caselist.RoundClass[5]
EntryDate
... ... @@ -1,0 +1,1 @@
1 +2017-02-04 16:47:46.0
Judge
... ... @@ -1,0 +1,1 @@
1 +Dawn Paciotti
Opponent
... ... @@ -1,0 +1,1 @@
1 +Hockaday HS
Round
... ... @@ -1,0 +1,1 @@
1 +4
RoundReport
... ... @@ -1,0 +1,2 @@
1 +1AC - Stock
2 +1NC - Cyberbullying DA Revenge Pornography PIC Fraternities PIC
Tournament
... ... @@ -1,0 +1,1 @@
1 +Colleyville

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