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Cites
Entry
Date
JanFeb Hate Speech Pic
Tournament: CPS | Round: 6 | Opponent: Karl Moeglein | Judge: A. Counterplan text: Public colleges and universities ought not restrict any constitutionally protected speech except for hate speech. Lawrence bracketed is the solvency advocate Charles R. Lawrence III, “Crossburning and the Sound of Silence: Antisubordination Theory and the First Amendment,” 1992, http://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=2784andcontext=vlr But there is...masters and slaves.
Jared Taylor summarizes Waldron, 12, Why We Should Ban “Hate Speech”, American Renaissance, summarizing Jeremy Waldron, The Harm in Hate Speech, Harvard University Press, 2012, 292 pp., 26.95. 8/24/12, http://www.amren.com/features/2012/08/why-we-should-ban-hate-speech/Note – Taylor does not...solve structural violence
Arthur 11 (Joyce, Founder and Executive Director of the Abortion Rights Coalition of Canada, a national political pro-choice group, “The Limits of Free Speech,” Sep 21, 2011, https://rewire.news/article/2011/09/21/limits-free-speech-5/) A common objection...that critiques it.
12/18/16
JanFeb Hate speech DA
Tournament: CPS | Round: 6 | Opponent: Karl Moeglein | Judge: Sutton 16 Halley Sutton, Report shows crime on campus down across the country, Campus Security Report 13.4 (2016), 9/9/16,http://onlinelibrary.wiley.com/doi/10.1002/casr.30185/fullLADI A recent report ...IS free speech
Watterson 91 (Kim M. Watterson, 'THE POWER OF WORDS: THE POWER OF ADVOCACY CHALLENGING THE POWER OF HATE SPEECH', 1991 by the University of Pittsburgh Law Review; Kim M. Watterson, 52 U. Pitt. L. Rev. 955 University of Pittsburgh Law Review Summer, 1991, JL) Second, hate speech...will be strengthened.
Garcia 10 (Garcia, Edelmira. "Perpetuating Racism Through The Freedom Of Speech." Center on Democracy in a Multiracial Society. Ch. 5. Pg. 79. 2010. Web. December 08, 2016. http://www.academia.edu/958890/Strategies_for_Achieving_Diversity_in_Urban_Planni ng_A_Case_Study_at_the_University_of_Illinois.) Undoubtedly, there are...to do so.
Tsesis 10(Tsesis, Alexander. "Burning Crosses On Campus: University Hate Speech Codes." Connecticut Law Review 617. 2010. Web. December 05, 2016. http://lawecommons.luc.edu/facpubs/131/.) Allowing students or...or instigate violence.
A.D.L. 13. Anti-Defamation League. “Responding to Bigotry and Intergroup Strife on Campus: Guide for College and University Administrators.” Defamation League. MCM. University and college... in this area.
12/18/16
Janfeb Neolilb K
Tournament: CPS | Round: 2 | Opponent: Alycia Cary | Judge: 1NCs 1NC – Generic (Constitution) The Constitution serves a social role by shaping the way we conceive of proper life through written law. Their legal approach limits the political imaginary, putting precedence over the struggle of the commons. Ollman 04: Bertell Ollman (professor of politics at NYU; received his D.Phil. at Oxford University in 1967; has taught at the University of the West Indies and been a Visiting Professor at Oxford and Columbia Universities; Since 1970, he has given about 250 lectures on different aspects of Marxist theory in a dozen countries), “Toward a Marxist Interpretation of the U.S. Constitution.” 2004. https://www.nyu.edu/projects/ollman/docs/us_constitution.php SF
What still needs...never be understood.
The Constitution’s writing was undemocratic and made for economic elites – its emphasis on self-ownership as the basis of rights inscribes neoliberalism. Beard 13: Charles Beard (Associate professor of politics at Columbia University), “An Economic Interpretation of the Constitution of the United States”. 1913. http://thenewschoolhistory.org/wp-content/uploads/2014/07/Beard_An_Economic_Interpretation_of_the_Consti.pdf SF The movement for...in their scope.
We have reached a tipping point – neoliberalism is no longer able to control its spiral into disaster. Massive structural violence and extinction are inevitable without a fundamental rethinking of the current system. Farbod 15 Faramarz Farbod (PhD Candidate @ Rutgers, Prof @ Moravian College), Monthly Review, http://mrzine.monthlyreview.org/2015/farbod020615.html, 6-2) LADI recut SF
Global capitalism is...of no return.
The alternative is the use of the commons as the social source of value. The class infused rules of the Constitution enclose moral rule, opposition to neoliberalism requires global politics that reject citizen lines. Carroll 10: William Carroll (Founding director of the Social Justice Studies Program at the University of Victoria). “Crisis, movements, counter-hegemony: in search of the new.” Published November 2010. Accessed 12/25/14. http://interfacejournal.nuim.ie/wordpress/wp-content/uploads/2010/12/Interface-2-2-pp.168-198-Carroll.pdf SF
MST exemplifies a...imagine radical solutions.
Thus, the role of the ballot, as an academic pedestal, is to vote for whoever best interrogates neoliberalism. Giroux 15:
If neoliberal authoritarianism...locally and globally.
12/18/16
NovDec CRIME DA
Tournament: Damus | Round: 1 | Opponent: Yeji Cho | Judge: Sarah Sherwood Crime DA Uniqueness: Crime is at an all time low, and has been steadily falling. Brook and Roeder ’15 Lauren-Brook Eisen, Olivery Roerder; “America’s Faulty Perception of Crime Rates;” Brennan Center for Justice at New York Univeristy School of Law; March 16, 2015; http://www.brennancenter.org/blog/americas-faulty-perception-crime-rates Today, the national...decreased alcohol consumption.
Crime rate at its lowest – multiple warrants solve. Feeney 14 (Nolan Feeney, 11-10-2014, "Violent Crime Drops to Lowest Level Since 1978," TIME, http://time.com/3577026/crime-rates-drop-1970s/) LO
There were 1.16 million...videos capturing incidents.
Link Limiting qualified immunity would hamstring police Mears 14 Bill Mears (CNN Supreme Court Producer). “Justices seem to side with police in deadly chase case.” CNN. 4 March 2014. http://www.cnn.com/2014/03/04/us/court-police-chase/ Under generally applied... of deadly force.
Homer C. Hawkins (Associate Professor, School of Criminal Justice, Michigan State University) and Catherine Montsinger (Assistant Professor, Criminology, Johnson C. Smith University). “Po- lice and Civil Liability: A Practical Guide to Avoiding Litigation.” Law Enforcement Executive Fo- rum • 2007 • 7(1). https://www.iletsbeiforumjournal.com/images/Issues/FreeIssues/ILEEF202007- 7.1.pdf Litigaphobia, also referred to as Police Liability Syndrome, creates a certain paralysis in...litigation may present.
Threat of litigation is high and harms police morale Rosen 5 Michael M. Rosen (Attorney in San Diego at Fish and Richardson PC, an intellectual property law firm; JD, Harvard Law). “A Qualified Defense: In Support of the Doctrine of Qualified Immunity in Excessive Force Cases, With Some Suggestions for its Improvement.” 35 Golden Gate U. L. Rev. (2005). http://digitalcommons.law.ggu.edu/ggulrev/vol35/iss2/2 This effect dovetails...of dangerous suspects. 69
Litigation prevents police from upholding the law Boutwell 79 J. Paul Boutwell (Special Agent, Legal Counsel Division, Federal Bureau of Investigation). “Qual- ified Immunity of Law Enforcement Officiais.” FBI Law Enforcement Bulletin. January 1979. https://www.ncjrs.gov/pdffiles1/Digitization/53755NCJRS.pdf There is no...by nothing less . Studies show police perceive litigation as hindering job performance Ferdik 13 Frank V. Ferdik (Department of Criminology and Criminal Justice; University of South Carolina). “Perception is Reality: A Qualitative Approach to Understanding Police Officer Views on Civil Liability.” Working Paper No 49, August 2013. http://www.coginta.org/uploads/documents/817bd907a32ad935c3d5636 Civil litigation against...perform their function
Impacts Crime inherently causes poverty- multiple levels to solve for. Lippman, ‘91. (Theo, author of Spiro Agnew’s America and Editor at the Baltimore Sun. March 30, 1991.) DOA: 7/6/15. BALTIMORE SUN. “Poverty Doesn’t cause crime. Crime Causes Poverty.” Retrieved from: http://articles.baltimoresun.com/1991-03-30/news/1991089022_1_cost-of-crime-poverty-fight-crime JW POVERTY DOESN'T cause ...or replacing property."
MacDonald 15 Heather MacDonald “The Fergeson effect” (the Thomas W. Smith fellow at the Manhattan Institute). https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/07/20/the-ferguson-effect/?utm_term=.bbd2a7a5ece3 2015 closed with...handcuffs on someone.” Poverty is the deadliest form of structural violence – it is equivalent to an ongoing nuclear war. Gilligan, 96’ James, Former Director of Mental Health for the Massachusetts Prison System, Violence, p. JW In other words...throughout the world. Turn
Increases in crime in marginalized communities harm them more than solving for racism and actually increases it by disadvantaging the marginalized communities. (NCVC) The national center for victims of crime Sampson, R. “The Community” in Crime: Public Policies for Crime Control (Oakland: Institute for Contemporary Studies Press, 2002), 237-240. 2 Herman, S. and M. Waul. Repairing the Harm: A New Vision for Crime Victim Compensation in America. (Washington, DC: National Center for Victims of Crime, 2004). 3 Dugan, L. (1999). The Effect of Criminal Victimization on a Household’s Moving Decision. Criminology, 37: 903-930. 4 Gibbons, S. (2004). The Costs of Urban Property Crime. The Economic Journal, 114: 441-463. 5 Ibid. 6 Sampson, R. and S. Raudenbush. Disorder in Urban Neighborhoods—Does it Lead to Crime? (Washington, DC: National Institute of Justice, 2001). 7 Trojanowicz, R., Kappeler, V. E., and Gaines, L. K. (2002). Community policing: A contemporary perspective (3rd ed.). Cincinnati, Ohio: Anderson Publishing. 8 Kelling, G. Measuring what matters: A new way about crime and public order. (New York: National Institute of Justice Office of Community Oriented Policing Series, 1999). 9 Ibid. 10 Casciani, D. (2003). Fear of crime ‘trapping elderly’. BBC News UK Edition. Online: http://news.bbc.co.uk/1/hi/uk/3044625.stm. 11 Bazargan, M. (1994). The effects of health, environmental, and socio-psychological variables on fear of crime and its consequences among urban black elderly individuals. International Journal on Aging and Human Development 38: 99–115 12 Ibid. 13 Hickman, M. and B.A. Reaves. (2003). Community Policing in Local Police Departments, 1997 and 1999 (Revised March 2003). Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics. Online: http://www.ojp.usdoj.gov/bjs/pub/pdf/cplpd99.pdf. Crime undermines the... performing community policing.13
And these marginalized communities fall into the cycle of poverty. Kanaga Raja 13 is Editor of the South-North Development Monitor (SUNS), from which this article is reproduced (No. 7692, 8 November 2013). SUNS is published by the Third World Network. http://www.socialwatch.org/node/16324
In a report...poor rural people.
11/6/16
NovDec Court Clog DA
Tournament: Glenbrooks | Round: 4 | Opponent: Grace Kim | Judge: Lawrence Zhou Immunity for government officials is necessary to screen out frivolous litigations Radley Balko '14 (), 1-30-2014, "7th Circuit pokes a hole in prosecutorial immunity," https://www.washingtonpost.com/news/opinions/wp/2014/01/30/7th-circuit-pokes-a...dread of retaliation.”
Qualified immunity is a key norm to hold back frivolous law suits. Powell (Cut from Justice Powell's Majority Opinion. POWELL, J., delivered the opinion of the Court, in which BRENNAN, WHITE, MARSHALL, BLACKMUN, REHNQUIST, STEVENS, and O'CONNOR, JJ., joined. BRENNAN, J., filed a concurring opinion, in which MARSHALL and BLACKMUN, JJ., joined, post, p. 457 U. S. 820. BRENNAN, WHITE, MARSHALL, and BLACKMUN, JJ., filed a separate concurring statement, post, p. 457 U. S. 821. REHNQUIST, J., filed a concurring opinion, post, p. 457 U. S. 822. BURGER, C.J., filed a dissenting opinion, post, p. 457 U. S. 822., Case: Harlow v. Fitzgerald, 457 U.S. 800 (1982), https://supreme.justia.com/cases/federal/us/457/800/case.html) For executive officials...by frivolous lawsuits."
Disad turns case - prosecutors can't win legit cases Eric Harbrook Cottrell ’94 (), 4/1/1994, "Civil Rights Plaintiffs, Clogged Courts, and the Federal Rules of Civil Procedure: The Supreme Court Takes a Look at Heightened Pleading Standards in Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit," University of North Carolina School of Law, http://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=3547andcontext=nclr During the last...where expressly enumerated.5 Even a small amount of frivolous law suits destroy social victories and cause massive backlash – the ADA proves. Herald-Tribune (Herald-Tribune, "Another Viewpoint: Lawsuits give ADA a bad name", Posted Oct 18, 2016 at 12:01 AM, http://www.heraldtribune.com/opinion/20161018/another-viewpoint-lawsuits-give-ada-bad-name) Attorneys who use...to a good law. The aff stops institutional change – liability deters people from getting involved in public service. Burger (Cut from Justice Burger’s Dissenting opinion POWELL, J., delivered the opinion of the Court, in which BRENNAN, WHITE, MARSHALL, BLACKMUN, REHNQUIST, STEVENS, and O'CONNOR, JJ., joined. BRENNAN, J., filed a concurring opinion, in which MARSHALL and BLACKMUN, JJ., joined, post, p. 457 U. S. 820. BRENNAN, WHITE, MARSHALL, and BLACKMUN, JJ., filed a separate concurring statement, post, p. 457 U. S. 821. REHNQUIST, J., filed a concurring opinion, post, p. 457 U. S. 822. BURGER, C.J., filed a dissenting opinion, post, p. 457 U. S. 822., Case: Harlow v. Fitzgerald, 457 U.S. 800 (1982), https://supreme.justia.com/cases/federal/us/457/800/case.html) In this Court...domestic) economic actors.123 An economic collapse causes a global nuclear war. Aaron Friedberg and Gabriel Schoenfeld, 2008 (prof. of politics @ Princeton and Senior editor of the Wall Street Journal) WALL STREET JOURNAL. Oct. 21, 2008. Retrieved May 17, 2014 from http://online.wsj.com/article/SB122455074012352571.html. Then there are...with external adventures.
12/18/16
NovDec Rights Innovation DA
Tournament: Glenbrooks | Round: 4 | Opponent: Grace Kim | Judge: Lawrence Zhou QUALIFIED IMMUNITY FACILITATES THE EVOLUTION OF RIGHTS – SUCCESSFUL SUITS CAUSE COURTS TO RESTRICT RIGHTS Nathan R. Pittman, JD Candidate, 2012, “Unintentional Levels of Force in § 1983 Excessive Force Claims,” William and Mary Law Review, May, 53 Wm. and Mary L. Rev. 2107, p. 2128 Another criticism leveled...of current law.
QUALIFIED IMMUNITY is necessary to encourage constitutional innovation and expand rights protections across society Jeffries 99, John C. Jeffries, Jr., Law Professor, University of Virginia, 1999, “The Right-Remedy Gap in Constitutional Law,” Yale Law Journal, 109 Yale L. J. 87, p. 104-5 In itself, the...and future right.
Ending QI would kill movements for racial equality – We wouldn’t have school desegregation if damages were possible Jeffries 99, John C. Jeffries, Jr., Law Professor, University of Virginia, 1999, “The Right-Remedy Gap in Constitutional Law,” Yale Law Journal, 109 Yale L. J. 87, p. 104-5 I know of...come out differently.
12/18/16
NovDec SI CP
Tournament: Damus | Round: 1 | Opponent: Yeji Cho | Judge: Sarah Sherwood Sovereign Immunity CP Susan Bendlin, Assistant Professor at Barry University School of Law, “Qualified Immunity: Protecting “All but the Plainly Incompetent” (And Maybe Some of Them, Too),” John Marshall Law Review, Vol. 45, 2012. The doctrine of...immunity at all.””
Solvency advocate: Chemerinsky, Erwin. “Against Sovereign Immunity.” Stanford Law Review, vol. 53, no. 5, 2001, pp. 1201–1224. www.jstor.org/stable/1229540.
In recent years...the Supreme Court.
Competition -
Mutually exclusive - The aff limits qualified immunity i keep it
Net benefits: Sovereign immunity is unconstitutional. Chemerinsky, Erwin. “Against Sovereign Immunity.” Stanford Law Review, vol. 53, no. 5, 2001, pp. 1201–1224. www.jstor.org/stable/1229540. The doctrine is...bar suits against
Sovereign immunity ban would allow for better government accountability. Chemerinsky, Erwin. "Against Sovereign Immunity." Stanford Law Review 53.5 (2001): 1201-224. Web.
I believe that ...with the law
C. And judicial activism solves for oppression. Too much of a ...more judicial activism.
Allowing for people to hold governments accountable will mean that judicial activism can occur and solve for the disparities of marginalized groups USSC 16 Supreme court of the United States: October 21, 2016 https://www.supremecourt.gov/about/constitutional.aspx And the Supreme Court solves better for oppression by uniquely setting precedent according to cases that arise and also stop majority rule. It is available it just needs to be utilized
"EQUAL JUSTICE UNDER... of human affairs."
D. Limiting qualified immunity creates a ruse of solvency. Rachel A. Harmon, Professor-University of Virginia School off Law, 2009, “Promoting Civil Rights Through Proactive Policing Reform,” Stanford Law Review, 62 Stan. L. Rev. 1, p. 9-10 Successful § 1983 suits...encouraging institutional reform.
11/6/16
Novdec Disarm the Police CP
Tournament: Glenbrooks | Round: 4 | Opponent: Grace Kim | Judge: Lawrence Zhou A. Counterplan text: The United States federal government ought to disarm the police. Competes through net benefits. Solves the aff – lack of weapons significantly decreases police violence and brutality – empirically proven. Berlatsky 16: Noah Berlatsky “The case for disarming America’s police force” January 27, 2016. http://qz.com/602682/the-case-for-disarming-americas-police-force/ “Black people have...with Michael Brown
And the CP directly challenges structures underlying oppression – we can’t maintain oppression without a violent police force to crush resistance. Smithsimon (Gregory Smithsimon, “Disarm the Police”, Metropolitics, 29 September 2015. URL: http://www.metropolitiques.eu/Disarm-the-Police.html.) Gregory Smithsimon is associate professor of sociology at Brooklyn College, City University of New York. He is the author of September 12: Community and Neighborhood Recovery at Ground Zero (New York: New York University Press, 2011), about the role of public space in redevelopment conflicts in Lower Manhattan after September 11, 2001. He is also the author, with Benjamin Shepard, of The Beach Beneath the Streets: Contesting New York City’s Public Spaces (New York: State University of New York Press, 2011), on protest movements and New York’s privately owned public spaces. He is currently completing Liberty Road: African-American MiddleClass Suburbs Between Civil Rights and Neoliberalism, a study of how suburban space reframes political conflicts for middle-class African Americans.) While criminologist and... truly democratic society
12/18/16
R1 Neg
Tournament: Voices | Round: 1 | Opponent: Maya Sanghavi | Judge: Neil Tagare Plan Text: Countries ought to nationalize the nuclear power industry and continue production of nuclear energy
Stuart King (International Socialists, Workers Power, Permanent Revolution and the Anti- Capitalist Initiative). “FUKUSHIMA, THE LEFT, AND NUCLEAR POWER.” In “Socialist Argu- ments for Nuclear Power.” 14 June 2011. http://climateandcapitalism.com/2011/06/14/socialist- arguments-for-nuclear-power/ This is not... would be a disaster.
Reform without revolution only reinforces the capitalist hegemony
Banning nuclear power causes a switch to fossil fuels, specifically coal.
Spencer R. Weart After receiving a doctorate in physics and astrophysics, Spencer Weart worked on solar physics before he turned to the study of the history of science. From 1974 until his retirement in 2009, he was director of the Center for History of Physics at the American Institute of Physics. He has published numerous papers and books, including The Discovery of Global Warming and The Rise of Nuclear Fear, which was published last year. “Shunning Nuclear Power Will Lead to a Warmer World” 26 MAR 2012. http://e360.yale.edu/feature/shunning_new_nuclear_power_plants_will_lead_to_warmer_world/2510/ These blows to...burning terrify me.
Empirically proven – Germany’s phase-out caused an increase in coal.
Dr. Pushker A. Kharecha and Dr. James E. Hansen Professors and associate director/Director at Earth Institute, Columbia University “Response to Comment on “Prevented Mortality and Greenhouse Gas Emissions from Historical and Projected Nuclear Power”” Environ. Sci. Technol., 2013, 47 (12), pp 6718–6719 RY These issues are...fuel-fired power plants.
Electric energy isn’t interchangeable – fossil fuels are the only option after phase-out.
Dr. Pushker A. Kharecha and Dr. James E. Hansen Professors and associate director/Director at Earth Institute, Columbia University “Response to Comment on “Prevented Mortality and Greenhouse Gas Emissions from Historical and Projected Nuclear Power”” Environ. Sci. Technol., 2013, 47 (12), pp 6718–6719 RY Sovacool et al.1 begin their...base load power.
Renewables don’t have the capacity to replace nuclear – even new tech can’t solve.
Fossil fuels are much more economically viable than renewables which makes them a much more attractive option for China and developing countries.
http://www.sciencedirect.com/science/article/pii/S0360544216310428, Socioeconomic costs of replacing nuclear power with fossil and renewable energy in Taiwan, Yi-Hsuan Shiha, c, Nian-Xun Shib, Chao-Heng Tsengb , Shu-Yuan Pana, d, Pen-Chi Chianga, d, 13 August 2016 a Graduate Institute of Environmental Engineering, National Taiwan University, No. 71, Chou-Shan Road, Taipei, 10673, Taiwan, ROC MOST people agree...at full-blast.
Coal is a part of the broader capitalist system of exploitation. l
Ryan Wishart University of Oregon “Coal River's Last Mountain : King Coal's Après moi le déluge Reign” Organization Environment 2012 25: 470 originally published online 7 November 2012 The unevenness of...by capitalist standards.
10/9/16
R3 Neg
Tournament: Voices | Round: 3 | Opponent: Jong Hak Won | Judge: Anne-Marie Hwang Interp – the aff must defend that all countries ban the production of nuclear energy – and cannot spec to one country, instances within a country, or only certain instances of nuclear.
Space exploration is quickly expanding and will continue to grow in the coming years
Nuclear propulsion technology is key to space exploration.
"Nuclear Propulsion: Getting More Miles Per Gallon" Blair Bromley, 2000 Canadian Nuclear Laboratories, Deep River Engineering Physics, Mechanical Engineering, Nuclear Engineering Doctor of Philosophy, Nuclear Engineering, University of Illinois at Urbana-Champaign 9.55 Nuclear propulsion systems... October 3, 1907:
One hundred trillion humans are lost every second of delayed colonization
Bostrom, Professor of Philosophy at Yale and Oxford, 2K4 (Nick, “Astronomical Waste: The Opportunity Cost of Delayed Technological Development,” http://www.nickbostrom.com/astronomical/waste.html) "As I write...our supercluster.6"