Harker Clark Aff
| Tournament | Round | Opponent | Judge | Cites | Round Report | Open Source | Edit/Delete |
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| CPS | 1 | Palo Alto Independent FZ | Sameer Ziamee |
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| Damus | 1 | Loyola DW | Jeremy Rosen |
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| Damus | 1 | Loyola DW | Jeremy Rosen |
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| Damus | 1 | Loyola DW | Jeremy Rosen |
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| Des Moins Valley | 1 | Mountain View VP | John Scoggin |
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| Golden Desert | 2 | Lynbrook NA | Scott Nielson |
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| Golden Desert | 1 | Eagle LB | John Scoggin |
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| HW | 2 | Meadows ET | John Scoggin |
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| NDCA | 2 | Harvard-Westlake MG | Dan Miyamoto |
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| Tournament | Round | Report |
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| CPS | 1 | Opponent: Palo Alto Independent FZ | Judge: Sameer Ziamee Aff Whole res |
| Damus | 1 | Opponent: Loyola DW | Judge: Jeremy Rosen 1ac enclosed |
| HW | 2 | Opponent: Meadows ET | Judge: John Scoggin They read a pic and theory I read my JanFeb aff currently on my wiki |
| NDCA | 2 | Opponent: Harvard-Westlake MG | Judge: Dan Miyamoto 1AC Title IX |
To modify or delete round reports, edit the associated round.
Cites
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1ACTournament: Damus | Round: 1 | Opponent: Loyola DW | Judge: Jeremy Rosen 1ACFWSince ought implies moral obligation, I value morality, which presupposes inclusion since it assumes equal worth and B) since only inclusion can promote compliance. Morality has to guide action; if ethics aren't grounded in action, then they lose their prescriptive value, destroying morality.Structural violence is based in moral exclusion; it allows one group to become invisible.Winter and Leighton 99 ~Deborah DuNann Winter and Dana C. Leighton. Winter is a professor of psychology at Whitman College. Leighton is an assistant professor of psychology at Southern Arkansas University. "Peace, conflict, and violence: Peace psychology in the 21st century." Page 4-5~ Thus, the standard is decreasing structural violence.Prefer since this is a constraint on all theories; if a theory excludes others, then their starting point is flawed. Their analysis of the world will be inaccurate, and if the first premise is flawed, then the conclusion can't be true.GUENTHER 12 ~Lisa Guenther, The Living Death of Solitary Confinement, The Opinion Pages, The Stone, NYT, Aug 26, 2012~ Democracies' first obligation is to uphold critical constitutional rightsAlexy 03 Any form of ethical system must first acknowledge the social oppression of groups.Young '90: PlanQI application has shifted—we now use reasonableness and precedent standards so broad that filing suit is IMPOSSIBLE. Reinhardt '15Michigan Law Review Volume 113 | Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit. TEXT: The USFG ought to change the doctrinal formula for qualified immunity replacing the 'clearly established standard' and the 'reasonableness standard' with a 'clearly unconstitutional standard for police officers.That allows us to provide adequate civil rights protection while maintaining consistency with current law—means no link to disads. Jeffries '10University of Virginia School of Law Public Law and Legal Theory Research Paper Series No. 2010-21 What's Wrong With Qualified Immunity? John C. Jeffries, Jr. University of Virginia School of Law June 2010 AdvantageThe advantage is legal system legitimacy and racism. Court expansion of QI exacerbates racial discrimination in the criminal justice system—the law must be used to safeguard minority rights. Reinhardt '15Michigan Law Review Volume 113 | Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit. Courts no longer even raise the question of if a constitutional violation occurred—creates a system of continued rights violations only the aff can solve. Reinhardt '15Michigan Law Review Volume 113 | Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit Public perception of the judicial system is at an all time low—its treatment of racial minorities is the cause. Reinhardt '15Michigan Law Review Volume 113 | Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit. Legal legitimacy is key to compliance with the law and maintaining moral order—turns back ethics based NCs. Robinson 11,Robinson 11 (Paul, ) "Mercy, Crime Control and Moral Credibility" Public Law and Legal Theory Research Paper Series Research Paper No. ~#10-32 And, Legal legitimacy is key to promote peace and prevents future conflict. Ban 04,Ban, 04, Secretary General of the UN ~Ki-Moon, "The rule of law and transitional justice in conflict and post-conflict societies", UN Security Council, August 23, S/2004/616, http://www.unrol.org/files/200420report.pdf~~** UnderviewEven if police officers were taken to court—it's municipalities that would have to pay damages. Means no link to police enforcement DAs and the aff is key to challenging the state. Reinhardt '15Michigan Law Review Volume 113 | Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit | 11/9/16 |
1AC HWTournament: HW | Round: 2 | Opponent: Meadows ET | Judge: John Scoggin 1ACI affirm the resolution. Plan: Public colleges and universities in the United States ought not restrict any constitutionally protected speech.To clarify, here's a comprehensive list of things the First Amendment does not permit –obscenity, expression that causes injury, and remarks that cause violenceRuane 14 (Kathleen Anne Ruane – Legislative Attorney. Her report was published by the Congressional Research Service, which is a branch of government, "Freedom of Speech and Press: Exceptions to the First Amendment", https://fas.org/sgp/crs/misc/95-815.pdf,pgs. 1-5, EmmieeM) FrameworkThe standard is maximizing expected wellbeing as contextualized by impacts on caseThe constitutive obligation of the state is to protect citizen interest—individual obligations are not applicable in the public sphere. Goodin 95Robert E. Goodin. Philosopher of Political Theory, Public Policy, and Applied Ethics. Utilitarianism as a Public Philosophy. Cambridge University Press, 1995. p. 26-7 Brain studies prove that humans' most modern sense of morality is hardwired utilitarian. Lucretius '05Lucretius, "Does Neuroscience Refute Ethics," August 24, 2005, Ludwig von Mises Institute. ~The Greene et al. study is a study on 41 participants. The results ALL had p values less than 0.05 AT LEAST, as some had p values even lower than 0.005. This means the null hypothesis is rejected and the chance of this correlation happening merely by chance is less than 5 making the results statistically significant according to currently agreed upon convention. THIS IS BEYOND LEGIT!~ (Citation for Greene et al. study: "The Neural Bases of Cognitive Conflict and Control in Moral Judgment," Neuron, Vol. 44, 389-400, Oct. 14, 2004, Joshua D. Greene,1,2,* Leigh E. Nystrom,1,2Andrew D. Engell,1,2John M. Darley,1and Jonathan D. Cohen1,2 1Department of Psychology, Princeton University, Center for the Study of Brain, Princeton University) Moral uncertainty means we default to preventing extinction under any ethical frameworkBOSTROM 11 InnovationRestrictions on free speech are rapidly increasing, destroying the educational environmentSlater 16 (Tom Slator – editor of this book (it's a collection of essays from many different people). He also wrote the introduction from which this was cut. Deputy Editor of Spiked, runs Free Speech University Ratings, and has written for The Times/The Telegraph/Independent, "Unsafe Space: The Crisis of Free Speech on Campus", pgs. 2 - 3, https://books.google.com/books?hl=enandlr=andid=vdP7CwAAQBAJandoi=fndandpg=PP1anddq=college+speech+restrictions+risingandots=YBNOvRNy1Tandsig=BmpSFkTJts9QsI1YcDAjxmB6dpQ~~#v=onepageandq=college20speech20restrictions20risingandf=false, EmmieeM) This hamstrings innovation —- universities require free exchange of knowledge as a pre-requisite to education and regulations risk transforming academies into authoritarian structuresACTA 13 (American Council of Trustees and Alumni – independent non-profit that is focused on maintaining academic freedom and accountability among US colleges. "Free to Teach, Free to Learn: Understanding and Maintaining Academic Freedom in Higher Education", pgs. 23-25, http://files.eric.ed.gov/fulltext/ED560924.pdf, EmmieeM) Free speech on public colleges is a key internal link to scientific discovery —- campus speech restrictions allows for worse forms of coercion that skews data and a culture of open debate is key to advancementEconomist 16 ("Under Attack", "The Inconvenient Truth", http://www.economist.com/news/leaders/21699909-curbs-free-speech-are-growing-tighter-it-time-speak-out-under-attack, EmmieeM) Constant innovation in the chemical industry is key to check emerging diseasesNRC 2002, ~National Research Council Committee on Challenges for Chemical Sciences in the 21st century "National Security and Homeland Defense" http://www.ncbi.nlm.nih.gov/books/NBK114822/)//a-berg Absent innovation, new pathogens guarantee extinction —- decreasing biodiversity means spread between hosts is easier which checks empirics and generic defenseYule '13 Competitiveness is key to US dominance – we need to keep innovating faster to ensure economic prosperity and hegemonySegal 04 – Senior Fellow in China Studies at the Council on Foreign Relations Loss of competitiveness results in great power conflict—retrenchment makes war inevitable and ensures the US would be dragged inKhalilzad 11 — Zalmay Khalilzad, Counselor at the Center for Strategic and International Studies, served as the United States ambassador to Afghanistan, Iraq, and the United Nations during the presidency of George W. Bush, served as the director of policy planning at the Defense Department during the Presidency of George H.W. Bush, holds a Ph.D. from the University of Chicago, 2011 ("The Economy and National Security," National Review, February 8th, Available Online at http://www.nationalreview.com/articles/print/259024, Accessed 02-08-2011) TerrorColleges can serve as unique places that prevent people from becoming trapped in echo chambers, but college censorship is ruining that —- students are becoming more extremist, less understanding, and convinced that they are at war with an evil "Other"Lukianoff no date (Greg Lukianoff – attorney and CEO at the Foundation of Individual Rights in Education (FIRE); published in Wall Street Journal, LA Times, NY Times, Washington Post, and many others; has appeared on CBS Evening News, NBC's Today Show, and many others,"How Colleges Create the 'Expectation of Confirmation'", "Polarization and the Thickening Walls of Our Echo Chamber" – "Can College Help Break Down the Expectation of Confirmation?", http://www.soamcontest.com/content/how-colleges-create-expectation-confirmation, EmmieeM) Freedom of expression allows extremist viewpoints to be challenged through debate, which demonstrates their flaws and de-motivates others from adopting them — speech bans only lead to hostility, divided communities, and push-back, which exacerbates terrorismLombardi 15 (Marco Lombardi – member of the Italian Team for Security, Terroristic Issues, and Managing Emergencies, which is a research department in the Catholic University of the Sacred Heart in Milan, "Countering Radicalisation and Violent Extremism Among Youth to Prevent Terrorism", https://books.google.com/books?id=_kAoBgAAQBAJandpg=PA3andlpg=PA3anddq=preventing+free+discussion+leads+to+extremismandsource=blandots=TJ8fW6700zandsig=Lz4MWuGl6LkEYxy5RdXBDrCAxfUandhl=enandsa=Xandved=0ahUKEwiq56aDsvTQAhUS1GMKHRNUBC4Q6AEIXzAN~~#v=onepageandq=preventing20free20discussion20leads20to20extremismandf=false , pgs. 3- 4, EmmieeM) This is especially pertinent in the case of colleges – students are much more likely to be recruited or adopt extremist viewsBorum 5 (Randy Borum – Professor and Director of Intelligence Studies in the School of Information and Academic Coordination for Cybersecurity at the University of Southern Florida; Chuck Tilby – member of the Police Department, "Anarchist Direct Action: A Challenge for Law Enforcement", "Recruitment, pg. 214, http://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=1552andcontext=mhlp_facpub, EmmieeM) Lone wolf attackers are a unique threat – harder to track due to no required communication and much more deadly due to lack of constraintsSimon 13 (Jeffrey Simon – runs a terror and security consulting company; former RAND analyst; UCLA lecturer; published in The Journal of the American Medical Association, Foreign Policy, The Journal of Terrorism and Political Violence, The Columbia Journal of World Business, and The New York Times, "Lone Wolf Terrorism: Understanding the Growing Threat", https://books.google.com/books?hl=enandlr=andid=MQxRCwAAQBAJandoi=fndandpg=PA3andots=w6d3tqK3hqandsig=zd9pzTPhaC2w5xBQPm1Uc3FSDHc~~#v=onepageandqandf=false, Currently, the biggest terrorist threat to the US is white supremacist lone wolves —- they kill more Americans than jihadists and show more desire to use WMDsBlair 14 (Charles P. Blair, Senior Fellow on State and Non-State Threats for the Federation of American Scientists who teaches classes on terrorism and WMD technology at John Hopkins University and George Mason University, "Looking clearly at right-wing terrorism," Bulletin of the Atomic Scientists, 9 June 2014, http://thebulletin.org/looking-clearly-right-wing-terrorism7232, *fc) Dispersion of technology enables lone wolf terrorists to access chemical, biological, radiological, and nuclear weapons (CBURNs) – the impact will be mass casualties and unprecedented disruption of financial and social systemsAckerman and Pinson 14 ~Gary A. ,Director of the Special Projects Division at the National Consortium for the Study of Terrorism and Responses to Terrorism (START), University of Maryland, Lauren E., Senior Research/Project Manager at START and PhD student at Yale University, "An Army of One: Assessing CBRN Pursuit and Use by Lone Wolves and Autonomous Cells," Terrorism and Political Violence, Vol. 26, Issue 1, 2014~ SolvencyCensoring hate speech entrenches racism —- extremists get to look like martyrs, offensive terms are re-coded and then normalized, and it abstracts from material change. Also, attempts to censor something empirically make it more appealing and leads to greater publicationHeinze 16 (Eric Heinze – Professor of Law and Humanities at the University of London, "Hate Speech and Democratic Citizenship", "The Prohibitionist Challenge", pgs. 149-152, https://books.google.com/books?id=UJJyCwAAQBAJandpg=PA150andlpg=PA150anddq=censoring+hate+speech+helps+the+right-wing+martyrandsource=blandots=aVdz0PZticandsig=prvOZgxAtkhebwxC7EDhcb6HDicandhl=enandsa=Xandved=0ahUKEwj0xaWXofLQAhXEwlQKHcqWDwUQ6AEIIjAB~~#v=onepageandq=censoring20hate20speech20helps20the20right-wing20martyrandf=false, EmmieeM) Death is the worst form of evil since it destroys the subject itself.Paterson 03 – Department of Philosophy, Providence College, Rhode Island (Craig, "A Life Not Worth Living?", Studies in Christian Ethics. CUT CUT CUTIndependently, the ability to handle differing opinion is the most important internal link to competitiveness —- prevents workplace apathy and encourages diverse perspectives on issuesViljoen 15 (Rica Viljoen - Adjunct Faculty at Henley Business School – Africa, "Inclusive Organizational Transformation: An African Perspective on Human Niches and Diversity of Thought", "2.8 Conclusion", https://books.google.com/books?id=WDE3DAAAQBAJandpg=PA46andlpg=PA46anddq=the+ability+to+handle+opposing+views+is+critical+forandsource=blandots=Zf3rT7MKovandsig=gtUj7Y8AxKh-TPNlCrT6ebbJ9Gsandhl=enandsa=Xandved=0ahUKEwjqqsus-tjQAhVB5mMKHb4ICiAQ6AEIHDAA~~#v=onepageandq=the20ability20to20handle20opposing20views20is20critical20forandf=false , pgs. 45-46, EmmieeM) | 1/15/17 |
Golden Desert 1ACTournament: Golden Desert | Round: 2 | Opponent: Lynbrook NA | Judge: Scott Nielson | 2/4/17 |
Golden Desert r1 1NCTournament: Golden Desert | Round: 1 | Opponent: Eagle LB | Judge: John Scoggin 1NC ShellThe claim that free speech leads to democratic debate and social progress is a neoliberal myth – the AFF's faith in the free exchange of ideas displaces a focus on direct action and re-entrenches multiple forms of oppression. Instead, the alternative is to reject the AFF's neoliberal framing of speech and direct pedagogy to focus on direct action against oppression.Tillett-Saks 13 Andrew Tillett-Saks (Labor organizer and critical activist author for Truth-Out and Counterpunch), Neoliberal Myths, Counterpunch, 11/7/13, http://www.counterpunch.org/2013/11/07/neoliberal-myths/ LADI The AFF's notion of the marketplace of ideas is neoliberal rhetoric designed to strengthen corporate power.Whatler 13 Stuart Whatley, Speak for Yourself: A Meditation on the Marketplace of Ideas, Los Angeles Review of Books, 10/4/13, https://lareviewofbooks.org/article/speak-for-yourself-a-meditation-on-the-marketplace-of-ideas/~~#! LADI 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 A radical pedagogical stance is key – anti-capitalist movements can be effective, but critical consciousness is a necessary prerequisite.Peter Mclaren 4, Education and Urban Schooling Division prof, UCLA—and Valerie Scatamburlo-D'Annibale; University of Windsor, Educational Philosophy and Theory, Vol. 36, No. 2, 2004, www.freireproject.org/articles/node2065/RCGS/class_dismissed-val-peter.10.pdf. LADI 1NC - LongState cuts have led tuition to spike harming the ability to students to enter college, especially those who come from low income backgrounds or are people of color – The impact is a blow to the national economy because a college degree is a crucial internal link to working in a skilled job, decreasing health care costs, and bringing greater wealth to local communitiesMitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up, EmmieeM) The only thing keeping graduation rates stable is financial aid —- allows students to study full-time, encourages academic progress, and is the only way low-income students can afford to enrollJohnson 14 (Hans Johnson – supported by the College Access Foundation of California and writing for the Public Policy Institute of California, "Making College Possible for Low-Income Students: Grant and Scholarship Aid in California", http://www.ppic.org/content/pubs/report/R_1014HJR.pdf, pg. 20-24, EmmieeM) There's a contradiction within government policy —- restricting free speech may be unconstitutional, but not doing so causes public colleges to lose federal funding under Title IXBernstein 3 (David E. Bernstein – George Mason University Foundation Professor of Law with a focus on constitutional history, "You Can't Say That: The Growing Threat to Civil Liberties From Antidiscrimination Laws", "Censoring Campus Speech", https://books.google.com/books?id=zU2QAAAAQBAJandpg=PA60andlpg=PA60anddq=public+colleges+could+lose+funding+if+they+allow+for+racistsandsource=blandots=W67N5E3bznandsig=xXeBW8YaTy_Ilb34MIbu-grciy4andhl=enandsa=Xandved=0ahUKEwiBoqTkn_nQAhVBjFQKHcc7CIkQ6AEITDAI~~#v=onepageandq=public20colleges20could20lose20funding20if20they20allow20for20racistsandf=false, pg. 60-61, EmmieeM) Federal funding is used to maintain financial aid resources and colleges are only growing more dependent on it as state funding goes downPew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education, EmmieeM) College credentials are crucial to social mobility– affects everything from health insurance to better marriages to lower unemployment ratesWhite House 14 (Report by the Executive Office of the President, "Increasing College Opportunity for Low-Income Students: Promising Models and a Call to Action", pgs. 10 – 11, https://www.whitehouse.gov/sites/default/files/docs/white_house_report_on_increasing_college_opportunity_for_low-income_students_1-16-2014_final.pdf, EmmieeM) This turns your entire case: You require education to solve for criticism and racism, and without colleges and minorities in these colleges there can be no educationI solve under your framework and case: This is an example of progressivism AND critiquing: I solve for your case.On CaseCounterspeech fails – Practical and structural barriersRichards and Calvert 2k (Robert and Clay, Profs @ Penn State U., "Counterspeech 2000: A New Look at the Old Remedy for "Bad" Speech", http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=1993andcontext=lawreview)** The "truth wins out" presumption of their argument is falseHilden 2 (Julie, staff attorney @ FindLaw, "THE FIRST AMENDMENT AND THE INTERNET: Why Traditional Legal Doctrines Apply Differently In Cyberspace", http://writ.news.findlaw.com/hilden/20020416.html)** The spiral of silence undermines the marketplace of ideas conceptHalbrooks 14 (Ben, 9/2, founder and executive director of the Fixed Point Foundation, "The Spiral of Silence", http://larryalextaunton.com/blog/the-spiral-of-silence/)** Individuals have unequal access to effective counterspeech: Turns your race impactsBarron 7 (Benjamin, Law Clerk to the Honorable Diarmuid F. O'scannlain, U.S. Court of Appeals for the Ninth Circuit. J.D., Magna Cum Laude, Harvard, 57 Am. U.L. Rev. 73, "A PROPOSAL TO RESCUE NEW YORK TIMES V. SULLIVAN BY PROMOTING A RESPONSIBLE PRESS", lexis) | 2/4/17 |
HEU Aff CitesTournament: Des Moins Valley | Round: 1 | Opponent: Mountain View VP | Judge: John Scoggin All countries ought to prohibit the production of nuclear power using Highly Enriched Uranium. 1AC Proliferation and Terror Advantage Learning as states ... of the adopter. Nuclear terrorism through HEU is highly likely and causes extinction Plan solves terror and prolif – results in global agreements for conversion away from highly enriched uranium usage 1AC LEU Good Advantage Shift to LEU would significant lower costs for the Navy The Federation of American ...U.S. naval reactors. Specifically, naval power solves South China Sea conflict, global food crisis, Arctic war, Iranian aggression and Israel war --- they all go nuclear | 9/25/16 |
Open Source
| Filename | Date | Uploaded By | Delete |
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12/17/16 | 20quentinc@studentsharkerorg |
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11/6/16 | 20quentinc@studentsharkerorg |
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