Tournament: xx | Round: Finals | Opponent: xx | Judge: xx
Email me at 21akshaym@students.harker.org or hmu at Akshay Manglik on Facebook if you have questions or want the full text of a case.

Tournament: Damus | Round: 1 | Opponent: Jasun Chen | Judge: Charles Wanless

The legal system is fundamentally flawed—the law is seen as necessary and perfect, but allows for oppression and suffering. Shortcomings of laws cannot be solved with minor adjustments—they grant legitimacy to a flawed system. Gordon '87:

Robert W. Gordon, Professor of Law at Stanford University. "Unfreezing Legal Reality: Critical Approaches to Law", Florida State University Law Review (15 Fla. St. U.L. Rev. 195), 1987. 
Now a central tenet of CLS work has been that the ordinary discourses of law
AND
taking collective action against evil without suffering the greater evil of despotic power. 

SCOTUS repeatedly sides with police departments-wipes out chance of litigation. Eichelberger 6/22/16

Eichelberger, By Erika. "How The Supreme Court Protected Cops In Racial Bias Cases." Fusion. Fusion Media Network, 22 June 2016. Web. 31 Oct. 2016.
In 2015, more than 700 Americans were killed by the police, according to
AND
wrote, "The Sandoval decision virtually wiped out racial profiling litigation nationwide."

Structural violence is the equivalent of a thermonuclear war against the poor- it represents structural violence that causes conflict on larger scales. Gilligan '96

Gilligan, Prof @ Harvard, 96 (James Gilligan, Department of Psychiatry at Harvard Med and Director of the Center for the Study of Violence, 1996, Violence: Our Deadly Epidemic and its Causes p. 191-196)
The deadliest form of violence is poverty. You cannot work for one day with the violent people who fill our prisons and mental hospitals for the criminally insane without being forcible and constantly reminded of the extreme poverty and discrimination that characterizes their lives. Hearing about their lives, and about their families and friends, you are forced to recognize the truth in Gandhi's observation that the deadliest form of violence is poverty. Not a day goes by without realizing that trying to understand them and their violent behavior in purely individual terms is impossible and wrong-headed. Any theory of violence, especially a psychological theory, that evolves from the experience of men in maximum security prisons and hospitals for the criminally insane must begin with the recognition that these institutions are only microcosms. They are not where the major violence in our society takes place, and the perpetrators who fill them are far from being the main causes of most violent deaths. Any approach to a theory of violence needs to begin with a look at the structural violence in this country. Focusing merely on those relatively few men who commit what we define as murder could distract us from examining and learning from those structural causes of violent death that are far more significant from a numerical or public health, or human, standpoint. By "structural violence" I mean the increased rates of death, and disability suffered by those who occupy the bottom rungs of society, as contrasted with the relatively lower death rates experienced by those who are above them. Those excess deaths (or at least a demonstrably large proportion of them) are a function of class structure; and that structure is itself a product of society's collective human choices, concerning how to distribute the collective wealth of the society. These are not acts of God. I am contrasting "structural" with "behavioral violence," by which I mean the non-natural deaths and injuries that are caused by specific behavioral actions of individuals against individuals, such as the deaths we attribute to homicide, suicide, soldiers in warfare, capital punishment, and so on. Structural violence differs from behavioral violence in at least three major respects. *The lethal effects of structural violence operate continuously, rather than sporadically, whereas murders, suicides, executions, wars, and other forms of behavioral violence occur one at a time. *Structural violence operates more or less independently of individual acts; independent of individuals and groups (politicians, political parties, voters) whose decisions may nevertheless have lethal consequences for others. *Structural violence is normally invisible, because it may appear to have had other (natural or violent) causesThe finding that structural violence causes far more deaths than behavioral violence does is not limited to this country. Kohler and Alcock attempted to arrive at the number of excess deaths caused by socioeconomic inequities on a worldwide basis. Sweden was their model of the nation that had come closes to eliminating structural violence. It had the least inequity in income and living standards, and the lowest discrepancies in death rates and life expectancy; and the highest overall life expectancy in the world. When they compared the life expectancies of those living in the other socioeconomic systems against Sweden, they found that 18 million deaths a year could be attributed to the "structural violence" to which the citizens of all the other nations were being subjected. During the past decade, the discrepancies between the rich and poor nations have increased dramatically and alarmingly. The 14 to 18 million deaths a year caused by structural violence compare with about 100,000 deaths per year from armed conflict. Comparing this frequency of deaths from structural violence to the frequency of those caused by major military and political violence, such as World War II (an estimated 49 million military and civilian deaths, including those by genocide—or about eight million per year, 1939-1945), the Indonesian massacre of 1965-66 (perhaps 575,000) deaths), the Vietnam war (possibly two million, 1954-1973), and even a hypothetical nuclear exchange between the U.S. and the U.S.S.R. (232 million), it was clear that even war cannot begin to compare with structural violence, which continues year after year. In other words, every fifteen years, on the average, as many people die because of relative poverty as would be killed by the Nazi genocide of the Jews over a six-year period. This is, in effect, the equivalent of an ongoing, unending, in fact accelerating, thermonuclear war, or genocide, perpetrated on the weak and poor every year of every decade, throughout the world. Structural violence is also the main cause of behavioral violence on a socially and epidemiologically significant scale (from homicide and suicide to war and genocide). The question as to which of the two forms of violence—structural or behavioral—is more important, dangerous, or lethal is moot, for they are inextricably related to each other, as cause to effect.

Structural violence outweighs hypothetical future conflicts – it lays the seeds for environmental degradation and war—-impact is extinction

Szentes 8 (Tamás, Professor Emeritus at the Corvinus University of Budapest, and member of the Hungarian Academy of Sciences, "Globalisation and prospects of the world society" http://www.eadi.org/fileadmin/Documents/Events/exco/Glob.___prospects_-_jav..pdf)
*edited for offensive language
It's a common place that human society can survive
AND
mass destructive weapons, and also due to irreversible changes in natural environment.

The negative advocates a rejection of the faith the affirmative places in the laws ability to solve social problems in favor of critical analysis of the laws purported objectivity and its violent exclusion of alternative perspectives criticize. Singer '94,

"The Player and the Cards: Nihilism and Legal Theory," Yale Law Journal (94 Yale L.J. 1), November, http://www.jstor.org/stable/796315 
What shall we do then about legal theory? I think we should abandon the
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live together. We are going to have to answer that question ourselves.

First is link to the role of the ballot. Gordon states the discourse of the AC emphasizes submission to the law over personal action.

Second, their form of legal interpretation is violent, ensures dominance and destroys frames of thinking. Henderson '91,

Lynne Henderson, Professor of Law at the Indiana University School of Law at Bloomington, 1991 ~"Authoritarianism and the Rule of Law," Indiana Law Journal (66 Ind. L.J. 379), Spring, Available Online to Subscribing Institutions via Lexis-Nexis~
The lack of scholarly acknowledgment, until very recently, of Cover's suggestion that law
AND
that violence in turn limits the possibility of finding common meaning and law.

Tournament: xx | Round: 1 | Opponent: xx | Judge: xx

CP Shell

CP text- The United States Congress should ~insert plan text here~.

Only Congress solves- courts cannot create change, and unpopular decisions go unenforced. Berenji '8

Berenji 8 (Shahin Berenji, magna cum laude, political science at USC, 08, "The US Supreme Court: A "Follower, Not a Leader" of Social Change", http://www.lurj.org/article.php/vol3n1/supreme.xml)
Lacking either government or popular support, however, the Court's decision was not enforced
AND
to this common pattern, those decisions were also fomented by national opinion. 

Only the CP solves – Courts cannot create social change; they can only reinforce existing ideals. Berenji '8

Berenji 8 (Shahin Berenji, magna cum laude, political science at USC, 08, "The US Supreme Court: A "Follower, Not a Leader" of Social Change", http://www.lurj.org/article.php/vol3n1/supreme.xml)
In the United States, the Supreme Court is the highest appellate court or legal
AND
the Supreme Court has implemented landmark policies usually based upon societal legal challenges. 

Congress never upholds Supreme Court decisions – only the counterplan solves- history proves. Slocum '7

Slocum 7 (Brian, Assistant Professor of Law, Florida Coastal School of Law. J.D. @  Harvard Law School, "Reforming U.S. Immigration  Policy: Courts vs. The Political Branches: Immigration "Reform" and The Battle for the Future of Immigration Law," 5 Geo. J.L. and Pub. Pol'y 509, Lexis)
Both a decision striking down aspects of the administrative adjudication process on due process grounds
AND
which a single federal appellate judge could deny a petition for review.87

Only the counterplan solves - congress will override court decisions

Courts are bad at policymaking- they can't cause social change, and any attempt to do so undermines legitimacy. Yoo '96

Yoo 96 (John Choon, professor in law and previous Dep. of Justice official, "Who Measures the Chancellor's Foot—The Inherent Remedial Authority of the Federal Courts", Cal. L. Rev., 84, p. 1137-1138) GSK
Before I address the constitutional difficulties with the extensive use of far-reaching and
AND
impartiality and moral authority they need to persuade others to support their orders. 

A weakened Supreme Court leads to massive rights violations- Korematsu proves—turns aff. Fontana '02

David Fontana, 2002student of law at Yale and Oxford Universities, 2002. ~The Connecticut Law Review, "A Case for the Twenty-First Century Constitutional Canon: Schneiderman v. United States," p. lexis, rwg~
Most of the "greatest hits" of American wartime constitutional law—Korematsu v
AND
66~  liberties and act in ways that we often later regret. n156 

Legitimacy is key to prevent nuclear extinction, Kellman '89

Kellman 89 Barry Kellman (professor @ Depaul) December '89 Duke Law Journal
In this era of thermonuclear weapons, America must uphold its historical commitment to be
AND
recognizable in a millennium ushered in under the mushroom cloud of thermonuclear holocaust.

Tournament: xx | Round: 1 | Opponent: xx | Judge: xx

QI Court Clog DA

Courts are experiencing a slow down but are still functioning. Palazzolo 3/15

~Joe Palazzolo, 3/15/16 "In federal courts, fewer lawsuits but a longer wait" The Wall Street Journal -   Joe Palazzolo writes about legal affairs from The Wall Street Journal's headquarters in New York. His areas of coverage include the federal judiciary, privacy, gun laws and anticorruption.~
The judicial backlog has grown about 28 since 2011. The pending cases included
AND
results in the displacement or delay of civil disputes, creating a backlog. 

Courts are increasingly overstretched but qualified immunity is a key doctrine to keep the workload down—aff clogs the courts. Ferris '92

Putnam and Ferris 92 ~(Charles Putnam, Senior Assistant Attorney General, Office of the New Hampshire Attorney General, J.D. 1985, University of Connecticut. Charles Ferris, J.D. 1992, Franklin Pierce Law Center, Concord, New Hampshire.)"DEFENDING A MALIGNED DEFENSE: THE POLICY BASES OF THE QUALIFIED IMMUNITY DEFENSE IN ACTIONS UNDER 42 U.S.C. § 1983" BRIDGEPORT LAW REVIEW QUINNIPIAC COLLEGE Volume 12 Number 3 Spring 1992~
A second policy consideration present in section 1983 litigation and furthered by the qualified immunity
AND
the Due Process Clause and is therefore not actionable under section 1983.2

Turns the aff—clogged courts mean there's zero avenue for plaintiffs to combat police misconduct—that's the internal link to solvency in the AFF.

Additional caseload undermines effective and predictable intellectual property rights decisions – Undermines technological innovation. Kirk '6

Kirk 6 (Executive Director of the American Intellectual Property Law Association, 3-24-6, Michael, http://www.aipla.org/Content/ContentGroups/Legislative_Action/109th_Congress/Testimony5/ImmigrationBillSenatorSpecter.pdf)
I am writing to you on behalf of the American Intellectual Property Law Association∂
AND
the Federal Circuit to give timely and∂ consistent consideration to patent cases.

Solves extinction—-US tech leadership's vital to solve warming. Klarevas 9.

Louis Klarevas 9, Professor for Center for Global Affairs @ New York University, 12/15, "Securing American Primacy While Tackling Climate Change: Toward a National Strategy of Greengemony,"http:www.huffingtonpost.com/louis-klarevas/securing-american-primacy_b_393223.html
As national leaders from around the world are gathering in Copenhagen, Denmark, to
AND
best approach for achieving this is to promote a national strategy of greengemony.

Environmental destruction is a form of structural violence – allowing warming to continue perpetuates all inequalities

Hoerner 8—Former director of Research at the Center for a Sustainable Economy, Director of Tax Policy at the Center for Global Change at the University of Maryland College Park, and editor of Natural Resources Tax Review. He has done research on environmental economics and policy on behalf of the governments of Canada, France, Germany, the Netherlands, Switzerland, and the United States. Andrew received his B.A. in Economics from Cornell University and a J.D. from Case Western Reserve School of Law—AND—Nia Robins—former inaugural Climate Justice Corps Fellow in 2003, director of Environmental Justice and Climate Change Initiative (J. Andrew, "A Climate of Change African Americans, Global Warming, and a Just Climate Policy for the U.S." July 2008, http://www.ejcc.org/climateofchange.pdf)
Everywhere we turn, the issues and impacts of climate change confront us. One
AND
points and raising the average African American income by 3 to 4 percent.

Tournament: xx | Round: 1 | Opponent: xx | Judge: xx

DB Elections

Dems will win the Senate; Comey makes it close (win IL, WI, PA, and MO)

Taylor 11/1 (Jessica, staff @ NPR, "Control of the Senate: Democrats have many paths to a majority", https://www.mprnews.org/story/2016/11/02/npr-democrats-path-senate-majority)**
A week away from Election Day, Democrats still have multiple paths to winning back
AND
almost everything to go right for them in order for that to happen.

Repeal of qualified immunity creates fears of violent crime and a chilling effect on law enforcement – FBI specifically opposes

Wright 15 (Sam, public interest lawyer, "Want to Fight Police Misconduct? Reform Qualified Immunity", http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/)**
Before getting into what Campaign Zero is proposing and why their proposal ought to include
AND
them from holding those officers accountable is not democracy. It is fascism."

That's a winning issue for Trump

Zeitz 16 (Josh, 7/18, politics and history @ Cambridge, "How Trump Is Recycling Nixon's 'Law and Order' Playbook", www.politico.com/magazine/story/2016/07/donald-trump-law-and-order-richard-nixon-crime-race-214066~#ixzz4P0p4CFd3)
Today, the law and order rhetoric is back. The crime interestingly, is
AND
that doesn't exist. But Donald Trump is just that sort of salesman.

And, Senate control key to CTBT – That stops prolif

Hastings 16 (Sam, 8/19, staff @ Joplin Independent, "Easy solution for ridding gridlock", http://www.joplinindependent.com/ display_article.php/hastings1471634838)
The US Senate is up for grabs. Republicans hold 54 seats but 34 senate
AND
where their peer competitors started testing nukes too. Then, the boom. 

Norm erosion coming; causes escalatory nuclear use – Only CTBT solves

Robinson 9/1 (Kathy, Senior Public Policy Director for the WAND Education Fund, a national nonprofit that educates public and opinion leaders about the need to reduce violence and militarism, "Senate should support efforts against nuclear tests", http://thehill.com/blogs/congress-blog/foreign-policy/294087-senate-should-support-efforts-to-against-nuclear-tests)**
In this geopolitical environment, we cannot afford to be unclear about the global norm
AND
when thinking of a particular example, like India and Pakistan for instance.

Tournament: xx | Round: 1 | Opponent: xx | Judge: xx

Elections (3:15)

Clinton will win, but the race is tight

Cahn 11/2 (Emily, staff @ Policy Mic, "Presidential polls today: Nov. 2 polls show Hillary Clinton with edge over Donald Trump", https://mic.com/articles/158313/presidential-polls-today-nov-2-polls-show-hillary-clinton-with-edge-over-donald-trump~~#.AEH45j0VX)**
Less than a week out from Election Day, Hillary Clinton maintains her lead over
AND
Clinton still has an advantage with six days to go until Election Day.

Repeal of qualified immunity creates fears of violent crime and a chilling effect on law enforcement – FBI specifically opposes

Wright 15 (Sam, public interest lawyer, "Want to Fight Police Misconduct? Reform Qualified Immunity", http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/)**
Before getting into what Campaign Zero is proposing and why their proposal ought to include
AND
them from holding those officers accountable is not democracy. It is fascism."

That's a winning issue for Trump

Zeitz 16 (Josh, 7/18, politics and history @ Cambridge, "How Trump Is Recycling Nixon's 'Law and Order' Playbook", www.politico.com/magazine/story/2016/07/donald-trump-law-and-order-richard-nixon-crime-race-214066~#ixzz4P0p4CFd3)
Today, the law and order rhetoric is back. The crime interestingly, is
AND
that doesn't exist. But Donald Trump is just that sort of salesman.

Policy focus is critical to perceptions of stability – Reassures moderates to vote for Trump

Lemire 11/2 (Jonathan, staff @ Courier Times, "Race tightening, Trump goes hard after 'Obamacare' in Montgomery County", http://www.buckscountycouriertimes.com/news/local/election/race-tightening-trump-goes-hard-after-obamacare-in-montgomery-county/article_badb98f8-a103-11e6-ab2b-d743ea07b64a.html)**
For Trump, the day's appearance marked a sharp shift from his standard brash tone
AND
voters would not forget Trump's most damaging moments six days before the election.

The race is tight; final campaign and messaging opportunities mean now is the key time

Ballhaus 11/3 (Rebecca, staff @ Wall St. Jnl, "US election: Trump and Clinton switch tactics as race tightens", http://www.theaustralian.com.au/news/world/us-election-trump-and-clinton-switch-tactics-as-race-tightens/news-story/eb9e658787e033947298c9572040e951)**
With polls showing a tightening in the presidential race, Hillary Clinton and Donald Trump
AND
over two days starting overnight, and making two stops in North Carolina.

Merely tightening the polls cranks the economy – Investors are on the brink; we can win this disad independent of uq ow's the link arg's

RTE 11/2 (Russia Today – Euro edition, "Tightening US election race causes market jitters", http://www.rte.ie/news/2016/1102/828737-us-election-2016/)**
As Democrat Hillary Clinton and Republican Donald Trump pushed their closing arguments ahead of next
AND
lead to a more dovish stance from the Fed in the months ahead.

Economic decline causes extinction. Burrows '09

Burrows and Harris '09 (Mathew J. Burrows, counselor in the National Intelligence Council, PhD in European History from Cambridge University, and Jennifer Harris, a member of the NIC's Long Range Analysis Unit, April 2009 "Revisiting the Future: Geopolitical Effects of the Financial Crisis" http://www.twq.com/09april/docs/09apr_Burrows.pdf)**
Of course, the report encompasses more than economics and indeed believes the future is
AND
within and between states in a more dog-eat-dog world.

Tournament: xx | Round: 1 | Opponent: xx | Judge: xx

Legalism K

The legal system is fundamentally flawed—the law is seen as necessary and perfect, but allows for oppression and suffering. Shortcomings of laws cannot be solved with minor adjustments—they grant legitimacy to a flawed system. Gordon '87:

Robert W. Gordon, Professor of Law at Stanford University. "Unfreezing Legal Reality: Critical Approaches to Law", Florida State University Law Review (15 Fla. St. U.L. Rev. 195), 1987. 
Now a central tenet of CLS work has been that the ordinary discourses of law
AND
taking collective action against evil without suffering the greater evil of despotic power. 

The history of qualified immunity court decisions shows how each attempt to create more sound civil rights litigation procedures ends up inadvertently expanding protection for police officers. Layering temporalities, creating legal time frames, and replacing bright line rules with balancing tests prove how every single immunity reform just creates larger legal indeterminacy. The affirmative simply adds onto that indeterminacy turning case. Feldman '15

Police Violence and the Legal Temporalities of Immunity Leonard Feldman Hunter College, CUNY. 2015
My argument in this section is that the Supreme Court has created a legal grey
AND
determination of "qualified immunity," which I discuss in the next section.

The Aff's appeal to civil liberties is a façade that only furthers the state's biopolitical control over the population—destroys rights and turns case. Anders '13

Anders 13, Abram Anders is an Assistant Professor, University of Minnesota Duluth, nearest date given is 2013, "Foucault and "the Right to Life": From Technologies of Normalization to Societies of Control," http://dsq-sds.org/article/view/3340/3268**, NN
The essential and unavoidable problem with rights discourse is that it appeals to a liberal
AND
functional impairment as an essential pre-condition for legal findings about disability."

Legal reforms hurt social justice– starting from the perspective of legal solutions forecloses the political imaginary and hampers radical solutions—turns the aff Kandaswamy '12

Kandaswamy 12 (Priya Kandaswamy; Associate Professor Women's, Gender and Sexuality Studies; "THE OBLIGATIONS OF FREEDOM AND THE LIMITS OF LEGAL EQUALITY" SOUTHWESTERN LAW REVIEW Vol. 41, pg 265, 1/21/2012)
Despite a vast array of critiques that have elucidated the ways in which the U
AND
could look like and locate legal interventions in relation to this broader vision. 

The alternative is a counter-reading of the harms of the 1AC. We REFUSE their faith in policy stories.  Legalism underpins the violence of empire and creates the conditions of possibility for liberal violence. Dossa '99

Dossa '99 Shiraz, Department of Political Science, St. Francis Xavier University, Antigonish, Nova Scotia, "Liberal Legalism: Law, Culture and Identity," The European Legacy, Vol. 4, No. 3, pp. 73-87,1
No discipline in the rationalized arsenal of modernity is as rational, impartial, objective
AND
liberal law but the juridically and humanly inferior Other, the perpetual foreigner.

We ought to prioritize movements for deconstructive resistance over blind faith in legal studies. Only the alt can effectively contest domestic cultures of violence. Hirst '15

Hirst '15 (Aggie ~She~, Lecturer in International Politics @ City University London, "Derrida and Political Resistance: The Radical Potential of Deconstruction" Globalizations, Vol. 12.1)
There are many manifestations of the practical consequences of deconstructive resistance across a range of
AND
commitments, dealing with difference in terms and contexts other than the familiar.

Tournament: xx | Round: 1 | Opponent: xx | Judge: xx

Politics

TPP will pass – Obama solves all obstacles if he can push it fully

WTO 10/11 (World Trade Online, quoting NZ ambassador Tim Groser, "Groser: TPP does not have enough votes today, but chance remains after election", https://insidetrade.com/daily-news/groser-tpp-does-not-have-enough-votes-today-chance-remains-after-election)**
New Zealand's ambassador to the U.S. said Tuesday that the Trans-
AND
hell in the lame-duck to get this through," Groser said.

The plan is unpopular – Law enforcement lobbies are powerful

Rucke 14 (Katie, staff @ Mint Press, "The Law Enforcement Lobby's Heavy Hand In American Policy", http://www.mintpressnews.com/the-law-enforcement-lobbys-heavy-hand-in-american-policy/191557/)**
"Capitalism is alive and well in politics," Goldstein said while talking to MintPress
AND
they are surely a well-respected voice in the halls of Congress."

GOP support is key – Partisan fights over the plan derail TPP

Chinoy 10/30 (Dennis, Power in Community Alliances in Bangor, "Trans-Pacific Partnership is not dead", http://www.sunjournal.com/news/columns-analysis/2016/10/30/trans-pacific-partnership-not-dead/2017721)**
The TPP has been negotiated under the auspices of President Barack Obama, an enthusiastic
AND
. The Trans-Pacific Partnership will only pass with heavy Republican support.

Obama's deals with the GOP are critical to passage – Partisan fights undermine TPP

Maudlin 11/1 (William, staff @ WSJ, "Obama Makes a Long-Shot Bid for TPP Trade Deal", http://www.wsj.com/articles/obama-makes-a-long-shot-bid-for-tpp-trade-deal-1478014457)**
The administration is working with Sen. Orrin Hatch (R., Utah), the
AND
agreement, reached last October, and expedited the process of congressional approval.

TPP is key to Asian leadership – Outweighs military power

Barfield 11/3 (Claude, fellow @ American Enterprise Inst., "The Trans-Pacific Partnership (TPP) : more than a trade agreement", http://www.thailand-business-news.com/opinion/54700-trans-pacific-partnership-tpp-trade-agreement.html)**
US Secretary of Defence Ashton Carter has called the Trans-Pacific Partnership (TPP
AND
TPP, you are giving the game away ~to China~'.

Tournament: Harvard Westlake | Round: 3 | Opponent: Kevin Li | Judge: Calen Smith

1NC

Recognizing that the epistemology of capitalism manipulates our understanding of policy is a pre-condition to evaluating the resolution through moral fameworks. Marsh 95,

Marsh 95- Professor of Philosophy at Fordham University, PhD from Northwestern University (James, Critique Action and Liberation, p 331-2)
Is it reasonable, therefore, even to talk about the possibility of a socialism
AND
move on. Recent events in eastern Europe only confirm such a judgment.

Neoliberalism structures academic freedom in the status quo. It sets limits on what is acceptable behavior to quell dissent and any facult truly radical enough to challenge corporate hegemony are tossed out before they can pose a real threat. Chatterjee and Maira 14

Chatterjee, Piya, and Sunaina Maira. "The Imperial University: race, war, and the nation-state." The imperial university: Academic repression and scholarly dissent (2014): 1-50.
Our geopolitical positions—of our immediate workplaces as well as trans- national work
AND
of labor and survival within the U.S. university system.11

Free speech is an illusion propagated by corporatists – their model of rights assumes an equal playing field analogous to free market economists view of capital. The promotion of free speech perpetuates the idea that speech is a commodity, which strengthens neoliberalism's hold on the academy. Brown 15

Brown, Wendy. Undoing the demos: Neoliberalism's stealth revolution. MIT Press, 2015.
At times, kennedy raises the pitch in Citizens United to depict limits on corporate
AND
warring forces parallel to those of government and capital in a neoliberal economy.

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

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
One pressing issue, moreover, is that majority of the popular movements that have
AND
which produces and reproduces the epistemic context of its own validity.~13~

The ballot represents a choice between competing visions of social change – elevating the aff above the individual endorsement of the aff debater is false. The debate round represents competing strategies for social change: the question is not who does the alt or plan, but of a world without capitalism vs. the affirmative. Agency questions are irrelevant—we don't have to win the alternative spills over, just that rejection in this round is comparatively better than the aff—any other evaluation makes no sense because the judge isn't in a position to do the aff either. Critiquing assumptions is the best way to leverage change.

Reinsborough, 03 (Organizer, Rainforest Action Network and Wake Up America Campaign) 03 (Journal of Aesthetics and Protest, August 2003, Volume 1, Issue 2, Patrick).
Direct action— actions that either symbolically or directly shift power relations— is an
AND
find the rumors that start revolutions and ask the questions that topple empires.

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

 ( Faramarz Farbod , PhD Candidate @ Rutgers, Prof @ Moravian College, Monthly Review, http://mrzine.monthlyreview.org/2015/farbod020615.html, 6-2)
Global capitalism is the 800-pound gorilla. The twin ecological and economic crises
AND
enhancing natural and social systems will soon reach a point of no return.

Tournament: xx | Round: 1 | Opponent: xx | Judge: xx

1. Link - The affirmative's call to a 'marketplace of ideas' where progress is made is a ruse—Privileged perspectives always win out. That is terminal defense on their solvency claims—counterspeech can solve nothing unless we strip the system apart. Beijer '16

Carl Beijer Friday, May 6, 2016 Three critiques of liberal discourse http://www.carlbeijer.com/2016/05/three-critiques-of-liberal-discourse.html**

1. The discourse is controlled by capital. Barack Obama, in The Audacity
   AND
   and turn off the megaphones. Everything else is shouting into a fugue.

2. Extinction - 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

 ( Faramarz Farbod , PhD Candidate @ Rutgers, Prof @ Moravian College, Monthly Review, http://mrzine.monthlyreview.org/2015/farbod020615.html, 6-2)
Global capitalism is the 800-pound gorilla. The twin ecological and economic crises
AND
enhancing natural and social systems will soon reach a point of no return. 

3. Epistemology - Recognizing that the epistemology of capitalism manipulates our understanding of policy is a pre-condition to evaluating the resolution through moral frameworks. Thus the role of the ballot is to evaluate who deconstructs capitalism the best. Marsh 95,

Marsh 95- Professor of Philosophy at Fordham University, PhD from Northwestern University (James, Critique Action and Liberation, p 331-2)
Is it reasonable, therefore, even to talk about the possibility of a socialism
AND
move on. Recent events in eastern Europe only confirm such a judgment.

4. Turns case - Neoliberalism structures academic freedom. It sets limits on what is acceptable behavior to quell dissent and any facult truly radical enough to challenge corporate hegemony are tossed out before they can pose a real threat Chatterjee and Maira 14

Chatterjee, Piya, and Sunaina Maira. "The Imperial University: race, war, and the nation-state." The imperial university: Academic repression and scholarly dissent (2014): 1-50.
Our geopolitical positions—of our immediate workplaces as well as trans- national work
AND
of labor and survival within the U.S. university system.11

5. Alternative - "vote negative to stop participating in capitalism"

Herod 04
(James, http://site.www.umb.edu/faculty/salzman_g/Strate/GetFre/4thEd/4-index.htm, Getting Free, 4th Edition)
It is time to try to describe, at first abstractly and later concretely,
AND
. Otherwise we are doomed to perpetual slavery and possibly even to extinction.

No perm - Compromise with capital is impossible – only complete rejection can solve

Kovel 02
(Joel, Professor of Social Studies at Bard, The Enemy of Nature, p 142-3)
The value-term that subsumes everything into the spell of capital sets going a
AND
field into zones of greater concentration, expanded profitability — and greater ecodestruction.

Tournament: Golden Desert | Round: 4 | Opponent: Benel Higuchi | Judge: Samantha Haas
A is the interpretation – the affirmative must defend public colleges and universities ought not restrict any constitutionally protected speech.
B is the violation – they restrict corporate funding, which restricts speech indirectly – its not a specific form of restriction on speech
C is the standards:

1. Predictability
   2. Ground
   Voters

Tournament: Stanford | Round: 4 | Opponent: Albert Sun | Judge: Shania Hunt
A. Interpretation: The aff shouldn’t be allowed to garner offense from actions beyond the scope of the resolution.

B. Violation:
C. Standards:

1. Ground
   2. Predictability
   Voters:
   Fairness
   Education
   Drop the debater on T
   Competing interps
   No RVIs

Tournament: Golden Desert | Round: 6 | Opponent: Mia Rhineer | Judge: Stephanie Cozzens

Hate Crimes DA

DA Shell

The media hype regarding hate crimes doesn't see the full picture-Overall hate crimes are down in recent years. Bennett '16

Samuel Bennett. The State of Hate, in the US. 2016. http://www.samuelwbennett.com/the-state-of-hate/**
This 2nd Annual State of Hate analysis has uncovered a few noteworthy trends. Firstly
AND
.7 of college campuses saw one or more hate crime reports. 

Allowing racist speech encourages hate crimes—the causality is empirically verified. Katel '9

Katel 9 (Peter, staff writer @ CQ Researcher, "Hate Groups", https://www.maxwell.syr.edu/uploadedFiles/news/Hate.pdf?n=1599)**
There is also hard evidence to back up the link between demonization and violence.
AND
Iist of vioIent incidents inspired by ugly rhetoric that will certainly grow longer. 

College age and profiles makes it a key breeding ground for hate groups—it's the core demographic. SPLC '2k

SPLC 2k (Southern Poverty Law Center, "COLLEGES AND UNIVERSITIES SEE INCREASE IN HATE CRIMES", https://www.splcenter.org/fighting-hate/intelligence-report/2000/colleges-and-universities-see-increase-hate-crimes)**
While these kinds of attacks seem incredible to many, the fact is that most
AND
, it is not so surprising that some students act in ugly ways.

Two Impacts: A) Race war in America. Alexander 12/2

Alexander 12/2 (Dean, professor/director of the Homeland Security Research Program at Western Illinois University, "Domestic Extremist Threats Face Trump Admin", http://www.hstoday.us/briefings/daily-news-analysis/single-article/special-domestic-extremist-threats-face-trump-admin/ddfd86597d91bfa41f5cc394a795c499.html)**
The term domestic extremism means individuals or groups that follow a variant of ideologies that
AND
attack by an African American couple to kill police in Trussville, Alabama.

That is an independent impact that must be rejected on face. Challenging racism is a prior ethical question. Memmi '2k

Memmi 2k MEMMI Professor Emeritus of Sociology @ Unv. Of Paris Albert-; RACISM, translated by Steve Martinot, pp.163-165
The struggle against racism will be long, difficult, without intermission, without remission
AND
. True, it is a wager, but the stakes are irresistible.

B) Causes terrorism- Growing hate groups risk terrorism – US linkages are key. Holloway 11/18

Holloway 11/18 (Kali, staff @ AlterNet, in Salon, "Feeling validated by Donald Trump's win, German hate groups team up with right-wing American hate groups", http://www.salon.com/2016/11/18/german-hate-groups-are-teaming-up-with-right-wing-american-hate-groups-feeling-validated-by-trump_partner/)**
Throughout his campaign, Donald Trump exploited existing racist and xenophobic sentiments across his base
AND
investigate these cells, if they exist, and to prevent any attacks."

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 WMDs

Blair 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)
Five years ago the US Department of Homeland Security's Homeland Environment Threat Analysis Division released
AND
exaggerated, but neither should it be suppressed for political or ideological reasons. 

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 systems

Ackerman 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~
The first question to answer is whence the concerns about the nexus between CBRN weapons
AND
well influence the weapon selection of lone actor jihadists in Western nations. 19

Tournament: Stanford | Round: 6 | Opponent: Varun Paranjpe | Judge: Austin Smith

Hate Speech DA – 1NC

Current protections against hate speech are working – on campus harassment is decreasing nationally now.

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/full LADI
A recent report released by the National Center for Education Statistics found an overall decrease
AND
lower than in 2001 for every category except forcible sex offenses and murder.

Removing restrictions on free speech allows hate speech – hate speech IS free speech

Volokh 15 Eugene Volokh,No, There's No "hate Speech" Exception to the First Amendment, The Washington Post, 5/7/15, https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/07/no-theres-no-hate-speech-exception-to-the-first-amendment/?utm_term=.05cfdd01dea4 LADI
I keep hearing about a supposed "hate speech" exception to the First Amendment
AND
with any established definition of "hate speech" that I know of.) 

Hate speech leads to a genocidal increase in crimes against marginalized groups.

Greenblatt 15 Jonathan Greenblatt, When Hateful Speech Leads to Hate Crimes: Taking Bigotry Out of the Immigration Debate, Huffington Post, 8/21/15, http://www.huffingtonpost.com/jonathan-greenblatt/when-hateful-speech-leads_b_8022966.html LADI
When police arrived at the scene in Boston, they found a Latino man shaking
AND
are working with a broad coalition of partners to get the ball rolling.

Tournament: Harvard Westlake | Round: 1 | Opponent: xx | Judge: xx

AFF actors should remove all restrictions on constitutionally protected free speech, and ban the usage of all hate speech, including hate speech not protected by the First Amendment. Hate speech poses a direct threat to the oppressed. Banning it is necessary to promote inclusiveness.

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 agree with but is summarizing Waldron's position LADI
First-Amendment guarantees of free speech are a cherished part of the American tradition
AND
in which it is considered fine to beat up and drive out minorities.

Tournament: Golden Desert | Round: 4 | Opponent: Benel Higuchi | Judge: Samantha Haas

T – "Any" (3:30)

Interpretation: The affirmative must defend that public colleges and universities in the Unites States ought to restrict NO constitutionally protected speech. To clarify they may not specify any one type of constitutionally protected speech that ought not be restricted.

Counterplans by the negative that PIC out of specific kinds of constitutionally protected speech are illegitimate.

Violation:

Vote Neg

Textuality – repeated court rulings define "any" as "all" and explicitly rejected using "any" to refer to "some".

Elder '91(David S. Elder, October 1991, "Any and All": To Use Or Not To Use?" "Plain Language' is a regular feature of the Michigan Bar Journal, edited by Joseph Kimble for the State Bar Plain English Committee. Assistant editor is George H. Hathaway. Through this column the Committee hopes to promote the use of plain English in the law. Want to contribute a plain English article? Contact Prof. Kimble at Thomas Cooley Law School, P.O. Box 13038, Lansing, MI 48901, http://www.michbar.org/file/generalinfo/plainenglish/pdfs/91_oct.pdf | SP)
The Michigan Supreme Court seemed to approve our dictionary definitions of "any" in
AND
(1991) (quoting Harrington v InterState Men's Accident Ass'n, supra)

Outweighs:

Semantic Context 

Legal Context.

Semantics come prior to pragmatic considerations:

Decision Rule – The topicality rule is superior and non uniques your offense.

Nebel 15 Jake Nebel (debate coach his students have won the TOC, NDCA, Glenbrooks, Bronx, Emory, TFA State, and the Harvard Round Robin. As a debater, he won six octos-bid championships and was top speaker at the TOC and ten other major tournaments) "The Priority of Resolutional Semantics by Jake Nebel" VBriefly February 20^th 2015 http://vbriefly.com/2015/02/20/the-priority-of-resolutional-semantics-by-jake-nebel/ JW 2/20/15
One reason why LDers may be suspicious of my view is because they see topicality
AND
the first premise, not the second premise, in the argument above.

Jurisdiction.

Limits – Free Speech is incredibly broad. Star this card, it literally says the only coherent way to conceive of the free speech debate is to consider its few exceptions, which is a comparison of the whole res with its converse.

Silvergate '05 (Harvey A. Silvergate, attorney in Cambridge, Massachusetts. He is the co-founder, with Alan Charles Kors, of the Foundation for Individual Rights in Education, for which he also serves as the current Chairman of the Board of Directors. January 2005, "FIRE's Guide to Free Speech on Campus," https://www.thefire.org/pdfs/free-speech-2.pdf | SP)
The First Amendment declares that Congress shall make "no law…abridging the freedom
AND
will briefly describe the limited categories of so-called "unprotected speech."

Outweighs:

Fairness

Clash.

Voters

Tournament: Harvard Westlake | Round: 1 | Opponent: xx | Judge: xx

1NC

State 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 communities

Mitchell 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)
Years of cuts in state funding for public colleges and universities have driven up tuition
AND
the start of the recession will make it more difficult to achieve those goals

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 enroll

Johnson 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)
Students fail to complete college for many reasons, including financial constraints. Certainly it
AND
earn a degree if they first enroll at a four-year college. 

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 IX

Bernstein 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)
Given these constitutional barriers, public university speech codes were on the way out until
AND
Amendment, then so can they. Unfortunately, they may be right. 

Federal funding is used to maintain financial aid resources and colleges are only growing more dependent on it as state funding goes down

Pew 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)
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

The impact is massive – combatting the structural barriers (!structural viol) that prevent individuals from attending college is the main internal link to competitiveness

U.S. Department of Commerce 12 (Prepared by the U.S. Department of Commerce with consultation from the National Economic Council, "The Competitiveness and Innovative Capacity in the United States", http://www.esa.doc.gov/sites/default/files/thecompetitivenessandinnovativecapacityoftheunitedstates.pdf, pgs. 2-10, EmmieeM)
Education is a key element for promoting economic growth and increasing the innovative capacity of
AND
schools in 2011–2012 was lower than in 2007–2008.21 

Competitiveness is key to US dominance – we need to keep innovating faster to ensure economic prosperity and hegemony

Segal 04 – Senior Fellow in China Studies at the Council on Foreign Relations
~Adam, Foreign Affairs, "Is America Losing Its Edge?" November / December 2004, http://www.foreignaffairs.org/20041101facomment83601/adam-segal/is-america-losing-its-edge.html~~
The United States' global primacy depends in large part on its ability to develop new
AND
, the United States must get better at fostering technological entrepreneurship at home.

Loss of competitiveness results in great power conflict—retrenchment makes war inevitable and ensures the US would be dragged in – that causes your heg bad impacts so it's try or die for the AFF

Khalilzad 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 8^th, Available Online at http://www.nationalreview.com/articles/print/259024, Accessed 02-08-2011)
Today, economic and fiscal trends pose the most severe long-term threat to
AND
leading the world toward a new, dangerous era of multi-polarity.

Tournament: Golden Desert | Round: 1 | Opponent: Wyatt Alpert | Judge: Matt Delateur

Util Fwk

The standard is consequentialism

Phenomenal introspection is reliable and proves that util's true.

Sinhababu Neil (National University of Singapore) "The epistemic argument for hedonism" http://philpapers.org/archive/SINTEA-3 accessed 2-4-16 JW
The Odyssey's treatment of these events demonstrates how dramatically ancient Greek moral intuitions differ from
AND
favors the kind of universal hedonism that supports utilitarianism, not egoistic hedonism.

Second, only impacts and values that exist in the physical world are relevant. Physical realism is the only meaningful ontological theory of being. Williams,

Donald Williams. "Naturalism and the Nature of Things." The Philosophical Review, Vol. 53, No. 5 (Sep., 1944), pp. 417-443. Duke UP. http://www.jstor.org/stable/2181355**
Casting up our accounts to this point, we observe that physical realism is in
AND
in patterns of action in the ordered dimensions of a spatio-temporal hypersphere

Third is the act omission distinction, governments are morally responsible for their omissions because they always face choices between different sets of policy options, all of which advantage some while disadvantaging others.

Cass R. Sunstein and Vermeule Adrian ~"Is Capital Punishment Morally Required? Acts, Omissions, and Life-Life Tradeoffs.  Copyright (c) 2005 The Board of Trustees of Leland Stanford Junior University.  Stanford Law Review December,2005 58 Stan. L. Rev. 703~
The critics of capital punishment have been led astray by uncritically applying the act/
AND
creating entitlements ~*722~ and prohibitions, is not inaction at all.