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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 -1. 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 -2. 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 in the United States 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
... ... @@ -1,1 +1,0 @@
1 -2017-01-07 05:26:09.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Max Engel
Opponent
... ... @@ -1,1 +1,0 @@
1 -Boerne Champion NG
ParentRound
... ... @@ -1,1 +1,0 @@
1 -1
Round
... ... @@ -1,1 +1,0 @@
1 -1
Team
... ... @@ -1,1 +1,0 @@
1 -Westwood Le Neg
Title
... ... @@ -1,1 +1,0 @@
1 -JANFEB - Revenge Pornography PIC
Tournament
... ... @@ -1,1 +1,0 @@
1 -Winston Churchill
Caselist.RoundClass[0]
EntryDate
... ... @@ -1,1 +1,1 @@
1 -2017-01-06 23:55:58.0
1 +2017-01-06 23:55:18.0

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