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Golden Desert
4
Opponent: Lynbrook YZ | Judge: Donald Fagan
Aff is militirism I read trutil mexico border drones Da and T-generics
Golden Desert
1
Opponent: Harker RJ | Judge: Kris Kaya
I went for Da and Turns
XX
1
Opponent: XX | Judge: XX
Items 0-Theory-Disclosure Theory
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0-T-Framework
Tournament: Damus | Round: 2 | Opponent: West KA | Judge: Sarah Crucilla A. Interpretation - The AFF may only garner offense from hypothetical enactment of the resolution
This does not require the use of any particular style, type of evidence, or assumption about the role of the judge — only that the topic should determine the debate’s subject matter. Solves their method good offense – they can read hauntology as a framework argument to justify a topical plan, there’s no reason voting off it is key.
“Resolved” in front of the resolution mandates a policy action. Parcher (Jeff, Fmr. Debate Coach at Georgetown University, February, http://www.ndtceda.com/archives/200102/0790.html) (1) Pardon me if I turn to a source besides Bill. American Heritage Dictionary: Resolve: 1. To make a firm decision about. 2. To decide or express by formal vote. 3. To separate something into constituent parts See Syns at *analyze* (emphasis in orginal) 4. Find a solution to. See Syns at *Solve* (emphasis in original) 5. To dispel: resolve a doubt. - n 1. Frimness of purpose; resolution. 2. A determination or decision. (2) The very nature of the word "resolution" makes it a question. American Heritage: A course of action determined or decided on. A formal statemnt of a deciion, as by a legislature. (3) The resolution is obviously a question. Any other conclusion is utterly inconcievable. Why? Context. The debate community empowers a topic committee to write a topic for ALTERNATE side debating. The committee is not a random group of people coming together to "reserve" themselves about some issue. There is context - they are empowered by a community to do something. In their deliberations, the topic community attempts to craft a resolution which can be ANSWERED in either direction. They focus on issues like ground and fairness because they know the resolution will serve as the basis for debate which will be resolved by determining the policy desireablility of that resolution. That's not only what they do, but it's what we REQUIRE them to do. We don't just send the topic committee somewhere to adopt their own group resolution. It's not the end point of a resolution adopted by a body - it's the prelimanary wording of a resolution sent to others to be answered or decided upon. (4) Further context: the word resolved is used to emphasis the fact that it's policy debate. Resolved comes from the adoption of resolutions by legislative bodies. A resolution is either adopted or it is not. It's a question before a legislative body. Should this statement be adopted or not. (5) The very terms 'affirmative' and 'negative' support my view. One affirms a resolution. Affirmative and negative are the equivalents of 'yes' or 'no' - which, of course, are answers to a question.
And the OED defines ought as “Used to indicate a desirable or expected state” OED (Oxford Dictionary, Online Dictionary, "Ought”, No date.
B. Violation:
They defend _ instead of policy action by countries, which isn’t part of the resolution.
C. Standards:
Engagement – there are infinite non-topical AFFs - a precise and predictable point of difference is key to effective dialogue. Steinberg and Freeley 13 Steinberg and Freeley 13, * David, Lecturer in Communication studies and rhetoric. Advisor to Miami Urban Debate League. Director of Debate at U Miami, Former President of CEDA. And Austin, attorney who focuses on criminal, personal injury and civil rights law, JD, Suffolk University, Argumentation and Debate, Critical Thinking for Reasoned Decision Making, 121-4. NS from file
Debate is a means of settling differences, so there must be a controversy, a difference of opinion or a conflict of interest before there can be a debate. If everyone is in agreement on a feet or value or policy, there is no need or opportunity for debate; the matter can be settled by unanimous consent. Thus, for example, it would be pointless to attempt to debate "Resolved: That two plus two equals four,” because there is simply no controversy about this state¬ment. Controversy is an essential prerequisite of debate. Where there is no clash of ideas, proposals, interests, or expressed positions of issues, there is no debate. Controversy invites decisive choice between competing positions. Debate cannot produce effective decisions without clear identification of a question or questions to be answered. For example, general argument may occur about the broad topic of illegal immigration. How many illegal immigrants live in the United States? What is the impact of illegal immigration and immigrants on our economy? What is their impact on our communities? Do they commit crimes? Do they take jobs from American workers? Do they pay taxes? Do they require social services? Is it a problem that some do not speak English? Is it the responsibility of employers to discourage illegal immigration by not hiring undocumented workers? Should they have the opportunity to gain citizenship? Does illegal immigration pose a security threat to our country? Do illegal immigrants do work that American workers are unwilling to do? Are their rights as workers and as human beings at risk due to their status? Are they abused by employers, law enforcement, housing, and businesses? How are their families impacted by their status? What is the moral and philosophical obligation of a nation state to maintain its borders? Should we build a wall on the Mexican border, establish a national identification card, or enforce existing laws against employers? Should we invite immigrants to become U.S. citizens? Surely you can think of many more concerns to be addressed by a conversation about the topic area of illegal immigration. Participation in this “debate” is likely to be emotional and intense. However, it is not likely to be productive or useful without focus on a particular question and identification of a line demarcating sides in the controversy. To be discussed and resolved effectively, controversies are best understood when seated clearly such that all parties to the debate share an understanding about the objec¬tive of the debate. This enables focus on substantive and objectively identifiable issues facilitating comparison of competing argumentation leading to effective decisions. Vague understanding results in unfocused deliberation and poor deci¬sions, general feelings of tension without opportunity for resolution, frustration, and emotional distress, as evidenced by the failure of the U.S. Congress to make substantial progress on the immigration debate. Of course, arguments may be presented without disagreement. For exam¬ple, claims are presented and supported within speeches, editorials, and advertise¬ments even without opposing or refutational response. Argumentation occurs in a range of settings from informal to formal, and may not call upon an audi¬ence or judge to make a forced choice among competing claims. Informal dis¬course occurs as conversation or panel discussion without demanding a decision about a dichotomous or yes/no question. However, by definition, debate requires "reasoned judgment on a proposition. The proposition is a statement about which competing advocates will offer alternative (pro or con) argumenta¬tion calling upon their audience or adjudicator to decide. The proposition pro¬vides focus for the discourse and guides the decision process. Even when a decision will be made through a process of compromise, it is important to iden¬tify the beginning positions of competing advocates to begin negotiation and movement toward a center, or consensus position. It is frustrating and usually unproductive to attempt to make a decision when deciders are unclear as to what the decision is about. The proposition may be implicit in some applied debates (“Vote for me!”); however, when a vote or consequential decision is called for (as in the courtroom or in applied parliamentary debate) it is essential that the proposition be explicitly expressed (“the defendant is guilty!”). In aca¬demic debate, the proposition provides essential guidance for the preparation of the debaters prior to the debate, the case building and discourse presented during the debate, and the decision to be made by the debate judge after the debate. Someone disturbed by the problem of a growing underclass of poorly educated, socially disenfranchised youths might observe, “Public schools are doing a terri¬ble job! They' are overcrowded, and many teachers are poorly qualified in their subject areas. Even the best teachers can do little more than struggle to maintain order in their classrooms." That same concerned citizen, facing a complex range of issues, might arrive at an unhelpful decision, such as "We ought to do some¬thing about this” or, worse, “It’s too complicated a problem to deal with." Groups of concerned citizens worried about the state of public education could join together to express their frustrations, anger, disillusionment, and emotions regarding the schools, but without a focus for their discussions, they could easily agree about the sorry state of education without finding points of clarity or potential solutions. A gripe session would follow. But if a precise question is posed—such as “What can be done to improve public education?”—then a more profitable area of discussion is opened up simply by placing a focus on the search for a concrete solution step. One or more judgments can be phrased in the form of debate propositions, motions for parliamentary debate, or bills for legislative assemblies, The statements "Resolved: That the federal government should implement a program of charter schools in at-risk communities” and “Resolved; That the state of Florida should adopt a school voucher program" more clearly identify specific ways of dealing with educational problems in a manageable form, suitable for debate. They provide specific policies to be investigated and aid discussants in identifying points of difference. This focus contributes to better and more informed decision making with the potential for better results. In aca¬demic debate, it provides better depth of argumentation and enhanced opportu¬nity for reaping the educational benefits of participation. In the next section, we will consider the challenge of framing the proposition for debate, and its role in the debate. To have a productive debate, which facilitates effective decision making by directing and placing limits on the decision to be made, the basis for argument should be clearly defined. If we merely talk about a topic, such as ‘"homeless¬ness,” or “abortion,” Or “crime,” or “global warming,” we are likely to have an interesting discussion but not to establish a profitable basis for argument. For example, the statement “Resolved: That the pen is mightier than the sword” is debatable, yet by itself fails to provide much basis for dear argumen¬tation. If we take this statement to mean Iliad the written word is more effec¬tive than physical force for some purposes, we can identify a problem area: the comparative effectiveness of writing or physical force for a specific purpose, perhaps promoting positive social change. (Note that “loose” propositions, such as the example above, may be defined by their advocates in such a way as to facilitate a clear contrast of competing sides; through definitions and debate they “become” clearly understood statements even though they may not begin as such. There are formats for debate that often begin with this sort of proposition. However, in any debate, at some point, effective and meaningful discussion relies on identification of a clearly stated or understood proposition.) Back to the example of the written word versus physical force. Although we now have a general subject, we have not yet stated a problem. It is still too broad, too loosely worded to promote well-organized argument. What sort of writing are we concerned with—poems, novels, government documents, web¬site development, advertising, cyber-warfare, disinformation, or what? What does it mean to be “mightier" in this context? What kind of physical force is being compared—fists, dueling swords, bazookas, nuclear weapons, or what? A more specific question might be, “Would a mutual defense treaty or a visit by our fleet be more effective in assuring Laurania of our support in a certain crisis?” The basis for argument could be phrased in a debate proposition such as “Resolved: That the United States should enter into a mutual defense treaty with Laurania.” Negative advocates might oppose this proposition by arguing that fleet maneuvers would be a better solution. This is not to say that debates should completely avoid creative interpretation of the controversy by advo¬cates, or that good debates cannot occur over competing interpretations of the controversy; in fact, these sorts of debates may be very engaging. The point is that debate is best facilitated by the guidance provided
Outweighs: A. Even if their method is good, it isn’t valuable if it’s not procedurally debatable – they don’t get access to any of their offense B. The best solutions are formed with critical contestation from multiple sides – it’s more likely we make a good liberation strategy if both debaters can engage and test it C. Debate is about process not content – we inevitably switch sides, even if it’s arguing against one method with another. The individual ideas we learn, aren’t as valuable as learning how to effectively apply those ideas outside of round by engaging in precise discussions instead of just asserting opinions. D. They force the NEG to extremist generics – this is why cap and anthro are such common responses to their position - which causes more evasion than if we had a substantive debate about nuclear power. E. It’s key to long term activism which turns case and outweighs because of existential threats. Lundberg 10
Christian O. Lundberg 10 Professor of Communications @ University of North Carolina, Chapel Hill, “Tradition of Debate in North Carolina” in Navigating Opportunity: Policy Debate in the 21st Century By Allan D. Louden, p. 311
The second major problem with the critique that identifies a naivety in articulating debate and democracy is that it presumes that the primary pedagogical outcome of debate is speech capacities. But the democratic capacities built by debate are not limited to speech—as indicated earlier, debate builds capacity for critical thinking, analysis of public claims, informed decision making, and better public judgment. If the picture of modem political life that underwrites this critique of debate is a pessimistic view of increasingly labyrinthine and bureaucratic administrative politics, rapid scientific and technological change outpacing the capacities of the citizenry to comprehend them, and ever-expanding insular special-interest- and money-driven politics, it is a puzzling solution, at best, to argue that these conditions warrant giving up on debate. If democracy is open to rearticulation, it is open to rearticulation precisely because as the challenges of modern political life proliferate, the citizenry's capacities can change, which is one of the primary reasons that theorists of democracy such as Ocwey in The Public awl Its Problems place such a high premium on education (Dewey 1988,63, 154). Debate provides an indispensible form of education in the modem articulation of democracy because it builds precisely the skills that allow the citizenry to research and be informed about policy decisions that impact them, to sort through and evaluate the evidence for and relative merits of arguments for and against a policy in an increasingly information-rich environment, and to prioritize their time and political energies toward policies that matter the most to them. The merits of debate as a tool for building democratic capacity-building take on a special significance in the context of information literacy. John Larkin (2005, HO) argues that one of the primary failings of modern colleges and universities is that they have not changed curriculum to match with the challenges of a new information environment. This is a problem for the course of academic study in our current context, but perhaps more important, argues Larkin, for the future of a citizenry that will need to make evaluative choices against an increasingly complex and multimediated information environment (ibid-). Larkin's study tested the benefits of debate participation on information-literacy skills and concluded that in-class debate participants reported significantly higher self-efficacy ratings of their ability to navigate academic search databases and to effectively search and use other Web resources: To analyze the self-report ratings of the instructional and control group students, we first conducted a multivariate analysis of variance on all of the ratings, looking jointly at the effect of instmction/no instruction and debate topic . . . that it did not matter which topic students had been assigned . . . students in the Instnictional debate) group were significantly more confident in their ability to access information and less likely to feel that they needed help to do so----These findings clearly indicate greater self-efficacy for online searching among students who participated in (debate).... These results constitute strong support for the effectiveness of the project on students' self-efficacy for online searching in the academic databases. There was an unintended effect, however: After doing ... the project, instructional group students also felt more confident than the other students in their ability to get good information from Yahoo and Google. It may be that the library research experience increased self-efficacy for any searching, not just in academic databases. (Larkin 2005, 144) Larkin's study substantiates Thomas Worthcn and Gaylcn Pack's (1992, 3) claim that debate in the college classroom plays a critical role in fostering the kind of problem-solving skills demanded by the increasingly rich media and information environment of modernity. Though their essay was written in 1992 on the cusp of the eventual explosion of the Internet as a medium, Worthcn and Pack's framing of the issue was prescient: the primary question facing today's student has changed from how to best research a topic to the crucial question of learning how to best evaluate which arguments to cite and rely upon from an easily accessible and veritable cornucopia of materials. There are, without a doubt, a number of important criticisms of employing debate as a model for democratic deliberation. But cumulatively, the evidence presented here warrants strong support for expanding debate practice in the classroom as a technology for enhancing democratic deliberative capacities. The unique combination of critical thinking skills, research and information processing skills, oral communication skills, and capacities for listening and thoughtful, open engagement with hotly contested issues argues for debate as a crucial component of a rich and vital democratic life. In-class debate practice both aids students in achieving the best goals of college and university education, and serves as an unmatched practice for creating thoughtful, engaged, open-minded and self-critical students who are open to the possibilities of meaningful political engagement and new articulations of democratic life. Expanding this practice is crucial, if only because the more we produce citizens that can actively and effectively engage the political process, the more likely we are to produce revisions of democratic life that are necessary if democracy is not only to survive, but to thrive. Democracy faces a myriad of challenges, including: domestic and international issues of class, gender, and racial justice; wholesale environmental destruction and the potential for rapid climate change; emerging threats to international stability in the form of terrorism, intervention and new possibilities for great power conflict; and increasing challenges of rapid globalization including an increasingly volatile global economic structure. More than any specific policy or proposal, an informed and active citizenry that deliberates with greater skill and sensitivity provides one of the best hopes for responsive and effective democratic governance, and by extension, one of the last best hopes for dealing with the existential challenges to democracy in an increasingly complex world. F. Discussion of racial policy making is more productive and outweighs their 1AC impacts. Reed 97 Reed, Prof of African American Studies and Poli Sci @ Uchicago, 97 (Adolph Jr, the Progressive Dec. 1997, Yackety-yak about race) EE from file
So what the heck is a "national conversation on race," anyway? Like so much in what passes for public discussion in America these days, the notion soothes and reassures, conveying a sense of gravitas, while at the same time having no clear, practical meaning whatsoever. I remember hearing calls for this conversation a few years ago, first from former University of Pennsylvania President Sheldon Hackney, then from Lani Guinier and performance artist Anna Deveare Smith. At the time, it seemed to be just a well-intentioned soundbite, a way to express in newschat a concern with racial injustice and anger. As a mass-media metaphor, it seemed harmless enough: a way to evoke a national commitment to honesty and democracy. I couldn't imagine how this call could possibly translate into anything concrete, though. Who would participate in this conversation? Where would it be held? What would the ground rules be? And to what end? I certainly didn't suspect that the notion would go anywhere; I presumed that it would have the shelf life of slogans from political ads. You know, like "Where's the beef?" or "It takes a village . . ." Well, I didn't take into account the significance of a New South, psychobabbling baby boomer whose political opportunism comes with cybertechie, New Age flourishes. As it turns out, this national-conversation idea is just Bill Clinton's cup of herbal tea. Now that Clinton has glommed onto the national conversation, it won't just dissipate through the airwaves over time. He has decided to keep this strange idea alive by formalizing it into a Presidential race-relations advisory board. It just goes to show that Bipartisan Bill has the soul of a talk-show host. But the "conversation" also highlights the profound shift over the last generation in American liberals' ways of talking about racial inequality. It's impossible, for instance, to imagine Lyndon Johnson using the Presidential bully pulpit to call for a national conversation on race in 1964 or 1965. For all his limitations--the Vietnam War chief among them--Johnson understood that the point in pursuing racial justice is not to stimulate conversation. When people like Everett Dirksen protested that the struggle for black civil rights should rely on efforts to change whites' individual attitudes rather than on changing laws. Johnson made it clear that he was less interested in changing people's hearts than their public behavior. Johnson understood that assertive government action can define acceptable practices and behavior, and ultimately change the world in which attitudes are formed. The transformation of the South's racial politics has been incomplete, as the electoral success of governors Kirk Fordice in Mississippi and Fob James in Alabama demonstrate. The region nonetheless has undergone changes that would have seemed unimaginable thirty years ago. Blacks and whites can share public space more or less routinely, interact publicly in ways marked by the civility that presumes social equality, share work stations, and maintain the casual conviviality that normally pertains among co-workers. More than at any point in this century, white elites take for granted the need to take some notion of black interests into account when making public policy. What made these changes possible was civil-rights law, not attitude adjustment. Presenting white Southerners with a fait accompli was the only way to counter the cultural force of white-supremacist ideology. Prohibiting discrimination by law not only enforced blacks' civil and citizenship rights, though that certainly was its intent and most important consequence. It was also the only way to create an environment in which casual contact would occur between blacks and whites as presumptive equals. This interaction has begun to erode racist stereotypes and bigotry by establishing the basis for a shared mundane humanity in workplaces, schools, and other public venues. In the current anti-statist, market-worshipping climate, it is fashionable to deny that public authority can influence behavior and attitudes. Economists and others who worship market theology contend that slavery and racial discrimination would have been eliminated by the natural workings of the market if abolitionists and civil-rights activists had just been a little more patient. Some even blame attempts to preempt those market forces--through the Civil War and Reconstruction Amendments and 1964 Civil Rights Law and 1965 Voting Rights Law--for creating racism. Public intervention inevitably fails, so this twisted reasoning goes, because its artificiality breeds resentment. Civil-rights laws, and affirmative action in particular. just stir up white hostility, since they are coercive, and an affront to properly market-based notions of justice and equity. Besides (and here's where this sophistry most clearly approximates religion), the white South would eventually have eliminated slavery on its own because the system was irrational economically. Segregation and other forms of discrimination were already on the decline after World War II for the same reason, say the market moralists. Their argument boils down to this: Had there been no legal abolition of slavery, there would have been no white-supremacist restoration in the South, and had there been no civil-rights legislation, there would be no white racism. If exuberant reformers hadn't gone mucking around with the larger rationality of the system of individual choices and transactions that drive market forces, everything would have turned out fine. Never mind that the Confederacy fought tooth and nail to preserve slavery and that white southerners fought nearly as hard to maintain Jim Crow. A climate in which this kind of thought is credible makes twaddle like the need for a national conversation about race seem to make sense. It's the norm these days to make public issues a matter of personal feelings, and to separate beliefs from their social context. It is this climate that makes it possible for a supposedly progressive magazine like Mother Jones not only to attack affirmative action as divisive, but to call for its demise in order to "reestablish racial healing as a national priority." This brings us back to Bipartisan Bill s attraction to the conversation. It's an ideal vehicle for him to express his concerns about race, because it's not connected to any real substance. It's just part of the fundamentally empty rhetoric of multiculturalism: diversity, mutual awareness, respect for difference, hearing different voices. and the like. None of these notions is objectionable on its face, but that's partly because none of them means anything in particular. Several Southern state governments have embraced a brand of multiculturalism that treats foes and advocates of white supremacy as equivalent "voices" equally deserving of respect. So they grant state employees the option to choose either Martin Luther King Jr.'s birthday or Robert E. Lee's as a mid-January holiday. We should accept the equal humanity of those who support Operation Rescue. the Promise Keepers, the Christian Coalition, or the militia movement, but that cannot mean that we grant the legitimacy of their reactionary political programs. And whether or not we are willing to talk with them about our differences is less important than that we defeat their political objectives and repudiate the larger social vision from which those objectives derive. No doubt Hackney and Guinier and others calling for this national conversation are well-intentioned. But that doesn't mean the idea is any less vapid--or potentially destructive. As we've seen, opponents of affirmative action also base their argument on their desire to stamp out "racial division." A generation ago, segregationists charged civil-rights activists with creating racial divisiveness. A century earlier, opponents of Reconstruction made the same claim against people who supported black citizenship. The saccharine language of multiculturalism and respect, diversity, awareness, and healing is wonderfully evanescent; it amounts to a kind of racial-equality lite. Ironically, the "conversation" also reinforces a fundamentally racist assumption: the idea that individuals automatically can articulate the mindset of a group is a vestige of Victorian notions of racial temperament. The problem isn't racial division or a need for healing. It is racial inequality and injustice. And the remedy isn't an elaborately choreographed pageantry of essentializing yackety-yak about group experience, cultural difference, pain, and the inevitable platitudes about understanding. Rather, we need a clear commitment by the federal government to preserve, buttress, and extend civil rights, and to use the office of the Presidency to indicate that commitment forcefully and unambiguously. As the lesson of the past three decades in the South makes clear, this is the only effective way to change racist attitudes and beliefs. Bill Clinton has absolutely no interest in that kind of talk, however, and it's easy to understand why. If he did, he'd have to explain why he and his Administration have repeatedly pandered to the resurgent racist tendencies he purports to bemoan. He'd have to explain why he made a central prop in his 1992 campaign an element of the lexicon of coded racism--his pledge to "end welfare as we know it" and his constant harping on an invidious distinction between those who supposedly "play by the rules" and those who supposedly don't. He'd have to explain his own half-hearted stand on affirmative action ("mend it, don't end it") and why he refused to provide any support for the mobilization against California's hideous Proposition 209. He'd have to explain why he proposed and pushed through a draconian crime bill that not only trades on the coded racist rhetoric of the anti crime hysteria but also disproportionately targets inner-city minorities. (Take, for example, the outrageous disparity in sentencing for possession of crack and powder cocaine. The only difference between the two forms of the drug is the racial breakdown of users.) He'd have to explain why he signed and supported the odious welfare-reform bill. He'd have to explain why his Administration resorts to the racialized language of inner-city pathology to justify its attack on the principle of providing public housing for poor people. It doesn't make sense to feel betrayed by Clinton, however. He's only doing what comes naturally. If progressives don't begin thinking in a more rigorous way about this kind of charade, we'll never stop talking in circles.
2. Procedural Fairness - Non topical advocacies mean they can defend anything outside the resolution which is unpredictable, and also defend uncontestable offense like racism is bad. This kills NEG ground and thus equal access to the ballot.
This is an independent voting issue which outweighs:
A. Evaluation – even if their arguments seem true, that’s only because they already had an advantage – fairness is a meta constraint on your ability to determine who best meets their ROB. B. Fairness is key to effective dialogue. Galloway 07
Ryan, “DINNER AND CONVERSATION AT THE ARGUMENTATIVE TABLE: RECONCEPTUALIZING DEBATE AS AN ARGUMENTATIVE DIALOGUE”, Contemporary Argumentation and Debate, Vol. 28 (2007)
Debate as a dialogue sets an argumentative table, where all parties receive a relatively fair opportunity to voice their position. Anything that fails to allow participants to have their position articulated denies one side of the argumentative table a fair hearing. The affirmative side is set by the topic and fairness requirements. While affirmative teams have recently resisted affirming the topic, in fact, the topic selection process is rigorous, taking the relative ground of each topic as its central point of departure. Setting the affirmative reciprocally sets the negative. The negative crafts approaches to the topic consistent with affirmative demands. The negative crafts disadvantages, counter-plans, and critical arguments premised on the arguments that the topic allows for the affirmative team. According to fairness norms, each side sits at a relatively balanced argumentative table. When one side takes more than its share, competitive equity suffers. However, it also undermines the respect due to the other involved in the dialogue. When one side excludes the other, it fundamentally denies the personhood of the other participant (Ehninger, 1970, p. 110). A pedagogy of debate as dialogue takes this respect as a fundamental component. A desire to be fair is a fundamental condition of a dialogue that takes the form of a demand for equality of voice. Far from being a banal request for links to a disadvantage, fairness is a demand for respect, a demand to be heard, a demand that a voice backed by literally months upon months of preparation, research, and critical thinking not be silenced. Affirmative cases that suspend basic fairness norms operate to exclude particular negative strategies. Unprepared, one side comes to the argumentative table unable to meaningfully participate in a dialogue. They are unable to “understand what ‘went on…’” and are left to the whims of time and power (Farrell, 1985, p. 114). Hugh Duncan furthers this line of reasoning: Opponents not only tolerate but honor and respect each other because in doing so they enhance their own chances of thinking better and reaching sound decisions. Opposition is necessary because it sharpens thought in action. We assume that argument, discussion, and talk, among free an informed people who subordinate decisions of any kind, because it is only through such discussion that we reach agreement which binds us to a common cause…If we are to be equal…relationships among equals must find expression in many formal and informal institutions (Duncan, 1993, p. 196-197). Debate compensates for the exigencies of the world by offering a framework that maintains equality for the sake of the conversation (Farrell, 1985, p. 114). For example, an affirmative case on the 2007-2008 college topic might defend neither state nor international action in the Middle East, and yet claim to be germane to the topic in some way. The case essentially denies the arguments that state action is oppressive or that actions in the international arena are philosophically or pragmatically suspect. Instead of allowing for the dialogue to be modified by the interchange of the affirmative case and the negative response, the affirmative subverts any meaningful role to the negative team, preventing them from offering effective “counter-word” and undermining the value of a meaningful exchange of speech acts. Germaneness and other substitutes for topical action do not accrue the dialogical benefits of topical advocacy.
C. Links best to the role of the judge to determine the winner as per the ballot – that’s impossible if the round’s unfair. Even if their method is good for education there’s no reason you vote on it, just as even if exercise is good for soccer players you don’t vote for the team that ran most.
3. We solve all their offense - All arguments are framework - we don’t have the power to impose a norm, only to persuade you that their arguments should be rejected. Anderson 6
Amanda Anderson, Caroline Donovan Professor of English Literature and Department Chair at Johns Hopkins University, Senior Fellow at the School of Criticism and Theory at Cornell University, holds a Ph.D. in English from Cornell University, 2006 (“Reply to My Critic(s),” Criticism, Volume 48, Number 2, Spring, Available Online to Subscribing Institutions via Project MUSE, p. 285-287)
Let's first examine the claim that my book is "unwittingly" inviting a resurrection of the "Enlightenment-equals-totalitarianism position." How, one wonders, could a book promoting argument and debate, and promoting reason-giving practices as a kind of common ground that should prevail over assertions of cultural authenticity, somehow come to be seen as a dangerous resurgence of bad Enlightenment? Robbins tells us why: I want "argument on my own terms"—that End Page 285 is, I want to impose reason on people, which is a form of power and oppression. But what can this possibly mean? Arguments stand or fall based on whether they are successful and persuasive, even an argument in favor of argument. It simply is not the case that an argument in favor of the importance of reasoned debate to liberal democracy is tantamount to oppressive power. To assume so is to assume, in the manner of Theodor Adorno and Max Horkheimer, that reason is itself violent, inherently, and that it will always mask power and enforce exclusions. But to assume this is to assume the very view of Enlightenment reason that Robbins claims we are "thankfully" well rid of. (I leave to the side the idea that any individual can proclaim that a debate is over, thankfully or not.) But perhaps Robbins will say, "I am not imagining that your argument is directly oppressive, but that what you argue for would be, if it were enforced." Yet my book doesn't imagine or suggest it is enforceable; I simply argue in favor of, I promote, an ethos of argument within a liberal democratic and proceduralist framework. As much as Robbins would like to think so, neither I nor the books I write can be cast as an arm of the police. Robbins wants to imagine a far more direct line of influence from criticism to political reality, however, and this is why it can be such a bad thing to suggest norms of argument. Watch as the gloves come off: Faced with the prospect of submitting to her version of argument—roughly, Habermas's version—and of being thus authorized to disagree only about other, smaller things, some may feel that there will have been an end to argument, or an end to the arguments they find most interesting. With current events in mind, I would be surprised if there were no recourse to the metaphor of a regular army facing a guerilla insurrection, hinting that Anderson wants to force her opponents to dress in uniform, reside in well-demarcated camps and capitals that can be bombed, fight by the rules of states (whether the states themselves abide by these rules or not), and so on—in short, that she wants to get the battle onto a terrain where her side will be assured of having the upper hand. Let's leave to the side the fact that this is a disowned hypothetical criticism. (As in, "Well, okay, yes, those are my gloves, but those are somebody else's hands they will have come off of.") Because far more interesting, actually, is the sudden elevation of stakes. It is a symptom of the sorry state of affairs in our profession that it plays out repeatedly this tragicomic tendency to give a grandiose political meaning to every object it analyzes or confronts. We have evidence of how desperate the situation is when we see it in a critic as thoughtful as Bruce Robbins, where it emerges as the need to allegorize a point about an argument in such a way that it gets cast as the equivalent of war atrocities. It is especially ironic in light of the fact that to the extent that I do give examples of the importance of liberal democratic proceduralism, I invoke the disregard of the protocols of international adjudication in the days leading up to the invasion of Iraq; I also speak End Page 286 about concerns with voting transparency. It is hard for me to see how my argument about proceduralism can be associated with the policies of the Bush administration when that administration has exhibited a flagrant disregard of democratic procedure and the rule of law. I happen to think that a renewed focus on proceduralism is a timely venture, which is why I spend so much time discussing it in my final chapter. But I hasten to add that I am not interested in imagining that proceduralism is the sole political response to the needs of cultural criticism in our time: my goal in the book is to argue for a liberal democratic culture of argument, and to suggest ways in which argument is not served by trumping appeals to identity and charismatic authority. I fully admit that my examples are less political events than academic debates; for those uninterested in the shape of intellectual arguments, and eager for more direct and sustained discussion of contemporary politics, the approach will disappoint. Moreover, there will always be a tendency for a proceduralist to under-specify substance, and that is partly a principled decision, since the point is that agreements, compromises, and policies get worked out through the communicative and political process. My book is mainly concentrated on evaluating forms of arguments and appeals to ethos, both those that count as a form of trump card or distortion, and those that flesh out an understanding of argument as a universalist practice. There is an intermittent appeal to larger concerns in the political democratic culture, and that is because I see connections between the ideal of argument and the ideal of deliberative democracy. But there is clearly, and indeed necessarily, significant room for further elaboration here.
Voter: Drop the debater on T – the round is already skewed from the beginning because their advocacy excluded by ability to generate NC offense– letting them sever doesn’t solve any of the abuse
Theory is an issue of competing interpretations because reasonability invites arbitrary judge intervention based on preference rather than argumentation and encourages a race to the bottom in which debaters will exploit a judge’s tolerance for questionable argumentation.
No RVIs on T a. They are incoherent; you shouldn’t be voted up simply for being topical b. You can read theory on us in the 1AR, which checks any abuse. Outweighs because you can collapse to your shell in the 2AR.
11/6/16
0-Theory-Disclosure Theory
Tournament: XX | Round: 1 | Opponent: XX | Judge: XX Interp: All debaters who have attended at least 2 bid tournaments this season must disclose all broken positions on the NDCA 15-16 LD wiki. The disclosure must includes summaries, tags, cites, and first 3 last 3 words from each piece of evidence.
The disclosure must occur within 24 hours after the position is broken.
1.Resource equity:
2. Research: A. Disclosure provides a key body of accessible knowledge. Nails 13
A. Their aff fails without prior predictability. Mindset change, education, and portable skills come from internal reflection during pre-round preparation, not in-round debate. Goodin and Niemeyer 2003 (Robert E. Goodin, Australian National University philosophy prof, editor of Oxford Handbooks of Political Science, founding editor of Blackwell's Journal of Political Philosophy, and Simon J. Niemeyer, ANU political science research fellow, 2003, "When Does Deliberation Begin? Internal Reflection versus Public Discussion in Deliberative Democracy," POLITICAL STUDIES: 2003 VOL 51, 640–649, http://onlinelibrary.wiley.com/doi/10.1111/j.0032-3217.2003.00450.x/pdf)
What happened in...approach an issue.
Deliberation is the internal link to gaining educational value from the debate, it is a prerequisite to preparing to respond - Discussion isn't an end in itself. Goodin and Niemeyer 2003 (Robert E. Goodin, Australian National University philosophy prof, editor of Oxford Handbooks of Political Science, founding editor of Blackwell's Journal of Political Philosophy, and Simon J. Niemeyer, ANU political science research fellow, 2003, "When Does Deliberation Begin? Internal Reflection versus Public Discussion in Deliberative Democracy," POLITICAL STUDIES: 2003 VOL 51, 640–649, http://onlinelibrary.wiley.com/doi/10.1111/j.0032-3217.2003.00450.x/pdf)
In all those...and so on
11/4/16
JanFab - DA - Mexico Border Terrorism
Tournament: Golden Desert | Round: 4 | Opponent: Lynbrook YZ | Judge: Donald Fagan Surveillance operations by Predator drones key to Mexico border security- RT ’14 (RT, “Drone surge: Predators patrol nearly half of US-Mexico border”, http://rt.com/usa/205343-cpb-mexico-border-drone-patrols/, November 13, 2014) Predator drones are silently patrolling almost half of the United States’ border with Mexico, looking for illegal immigrants, human traffickers and drug cartels in desolated areas the government agents can’t realistically patrol. The unmanned aircraft fly over about 900 miles of rural areas where there are no US Customs and Border Patrol (CPB) agents, camera towers, ground sensors or fences along the 1,954-mile border, according to a new report by the Associated Press. The Predator Bs use a high-resolution video camera and then return within three days for another video in the same spot, two officials told the wire service. The two videos are then overlaid for analysts who use sophisticated software to identify tiny changes. There are changes in terrain in only eight percent of the drone missions under the current strategy ‒ known internally as “change detection” ‒ since it began in March 2013. Of those flagged missions, about four percent were false alarms, like tracks from livestock or farmers, and about two percent are inconclusive to the agents dispatched to the area to investigate. The remaining 2 percent offer evidence ‒ like footprints, broken twigs, trash ‒ of illegal crossings from Mexico, which typically results in ground sensors being planted for closer monitoring. In the last year and a half, CPB has operated about 10,000 drone flights, with much of their missions over Texas. Border missions fly out of Sierra Vista, home of the U.S. Army Intelligence Center at Fort Huachuca, or Corpus Christi, Texas. They patrol at altitudes between 19,000 at 28,000 feet and between 25 and 60 miles of the border. The program is expected to expand the Canadian border by the end of 2015. The purpose is to assign agents where illegal activity is highest, R. Gil Kerlikowske, commissioner of Customs and Border Protection, the Border Patrol's parent agency, which operates nine unmanned aircraft across the country, told AP. "You have finite resources," he said in an interview. "If you can look at some very rugged terrain (and) you can see there's not traffic, whether it's tire tracks or clothing being abandoned or anything else, you want to deploy your resources to where you have a greater risk, a greater threat." Gregory McNeal, a law professor and drone expert at Pepperdine University, told NBC News in July that the money spent on drones is worth it. "This is a better way to patrol the border than helicopters," he said. "It’s not a comprehensive immigration solution or border security solution, but more surveillance time in the air will help plug gaps in the border." A typical Predator drone can fly for 12 hours before landing, compared to three for a standard helicopter. But the cost is much higher: Predator drones require a crew of between five to eight people ‒ plus maintenance staff ‒ to operate, coming out to about $3,000 an hour to fly. And each one has an $18 million price tag, NBC News reported. CPB began rolling out Predators in 2005, but rapidly expanded the unmanned aerial reconnaissance operation along the US-Mexico border at the beginning of this decade, the Washington Post reported in 2011. Michael Kostelnik, a retired Air Force general and former test pilot who is the assistant commissioner of CPB’s Office of Air and Marine, told the Post then that he had yet to be challenged in Congress about the appropriate use of domestic drones. “Instead, the question is: Why can’t we have more of them in my district?” Kostelnik said. In July, President Barack Obama requested $39.4 million for aerial surveillance, including troops, along the US-Mexican border. The emergency funding was for 16,526 additional drone and manned aircraft flight hours for border surveillance, and 16 additional drone crews to better detect and stop illegal activity, according to administration officials. The request was in response to the humanitarian crisis after tens of thousands of unaccompanied children and families illegally entered the country in the first half of the year. “Border Patrol wants the money and it wants the drones,” McNeal said. “This is the kind of crisis where, if you are Border Patrol, you seize the opportunity to get more funding from Congress.” The agency’s “unmanned and manned aircraft can continue to support ongoing border security operations, specifically regarding the tracking of illegal cross-border smuggling operations,” a CBP official told Nextgov. The president’s request was part of a larger funding appeal of $3.7 billion to deal with the illegal immigrants and border security problems. In January, CPB was forced to ground its entire fleet of drones after a mechanical function forced a crew to crash an unmanned aircraft valued at $12 million. The mishap lowered the number of agency drones to only nine.
Mexican border instability hamstrings US hegemony- destroys military effectiveness Kaplan ’12 – chief geopolitical analyst at Stratfor (Robert D., With the Focus on Syria, Mexico Burns, Stratfor, 3-28-2012, http://www.stratfor.com/weekly/focus-syria-mexico-burns) While the foreign policy elite in Washington focuses on the 8,000 deaths in a conflict in Syria -- half a world away from the United States -- more than 47,000 people have died in drug-related violence since 2006 in Mexico. A deeply troubled state as well as a demographic and economic giant on the United States' southern border, Mexico will affect America's destiny in coming decades more than any state or combination of states in the Middle East. Indeed, Mexico may constitute the world's seventh-largest economy in the near future. Certainly, while the Mexican violence is largely criminal, Syria is a more clear-cut moral issue, enhanced by its own strategic consequences. A calcified authoritarian regime in Damascus is stamping out dissent with guns and artillery barrages. Moreover, regime change in Syria, which the rebels demand, could deliver a pivotal blow to Iranian influence in the Middle East, an event that would be the best news to U.S. interests in the region in years or even decades. Nevertheless, the Syrian rebels are divided and hold no territory, and the toppling of pro-Iranian dictator Bashar al Assad might conceivably bring to power an austere Sunni regime equally averse to U.S. interests -- if not lead to sectarian chaos. In other words, all military intervention scenarios in Syria are fraught with extreme risk. Precisely for that reason, that the U.S. foreign policy elite has continued for months to feverishly debate Syria, and in many cases advocate armed intervention, while utterly ignoring the vaster panorama of violence next door in Mexico, speaks volumes about Washington's own obsessions and interests, which are not always aligned with the country's geopolitical interests. Syria matters and matters momentously to U.S. interests, but Mexico ultimately matters more, so one would think that there would be at least some degree of parity in the amount written on these subjects. I am not demanding a switch in news coverage from one country to the other, just a bit more balance. Of course, it is easy for pundits to have a fervently interventionist view on Syria precisely because it is so far away, whereas miscalculation in Mexico on America's part would carry far greater consequences. For example, what if the Mexican drug cartels took revenge on San Diego? Thus, one might even argue that the very noise in the media about Syria, coupled with the relative silence about Mexico, is proof that it is the latter issue that actually is too sensitive for loose talk. It may also be that cartel-wracked Mexico -- at some rude subconscious level -- connotes for East Coast elites a south of the border, 7-Eleven store culture, reminiscent of the crime movie "Traffic," that holds no allure to people focused on ancient civilizations across the ocean. The concerns of Europe and the Middle East certainly seem closer to New York and Washington than does the southwestern United States. Indeed, Latin American bureaus and studies departments simply lack the cachet of Middle East and Asian ones in government and universities. Yet, the fate of Mexico is the hinge on which the United States' cultural and demographic future rests. U.S. foreign policy emanates from the domestic condition of its society, and nothing will affect its society more than the dramatic movement of Latin history northward. By 2050, as much as a third of the American population could be Hispanic. Mexico and Central America constitute a growing demographic and economic powerhouse with which the United States has an inextricable relationship. In recent years Mexico's economic growth has outpaced that of its northern neighbor. Mexico's population of 111 million plus Central America's of more than 40 million equates to half the population of the United States. Because of the North American Free Trade Agreement, 85 percent of Mexico's exports go to the United States, even as half of Central America's trade is with the United States. While the median age of Americans is nearly 37, demonstrating the aging tendency of the U.S. population, the median age in Mexico is 25, and in Central America it is much lower (20 in Guatemala and Honduras, for example). In part because of young workers moving northward, the destiny of the United States could be north-south, rather than the east-west, sea-to-shining-sea of continental and patriotic myth. (This will be amplified by the scheduled 2014 widening of the Panama Canal, which will open the Greater Caribbean Basin to megaships from East Asia, leading to the further development of Gulf of Mexico port cities in the United States, from Texas to Florida.) Since 1940, Mexico's population has increased more than five-fold. Between 1970 and 1995 it nearly doubled. Between 1985 and 2000 it rose by more than a third. Mexico's population is now more than a third that of the United States and growing at a faster rate. And it is northern Mexico that is crucial. That most of the drug-related homicides in this current wave of violence that so much dwarfs Syria's have occurred in only six of Mexico's 32 states, mostly in the north, is a key indicator of how northern Mexico is being distinguished from the rest of the country (though the violence in the city of Veracruz and the regions of Michoacan and Guerrero is also notable). If the military-led offensive to crush the drug cartels launched by conservative President Felipe Calderon falters, as it seems to be doing, and Mexico City goes back to cutting deals with the cartels, then the capital may in a functional sense lose even further control of the north, with concrete implications for the southwestern United States. One might argue that with massive border controls, a functional and vibrantly nationalist United States can coexist with a dysfunctional and somewhat chaotic northern Mexico. But that is mainly true in the short run. Looking deeper into the 21st century, as Arnold Toynbee notes in A Study of History (1946), a border between a highly developed society and a less highly developed one will not attain an equilibrium but will advance in the more backward society's favor. Thus, helping to stabilize Mexico -- as limited as the United States' options may be, given the complexity and sensitivity of the relationship -- is a more urgent national interest than stabilizing societies in the Greater Middle East. If Mexico ever does reach coherent First World status, then it will become less of a threat, and the healthy melding of the two societies will quicken to the benefit of both. Today, helping to thwart drug cartels in rugged and remote terrain in the vicinity of the Mexican frontier and reaching southward from Ciudad Juarez (across the border from El Paso, Texas) means a limited role for the U.S. military and other agencies -- working, of course, in full cooperation with the Mexican authorities. (Predator and Global Hawk drones fly deep over Mexico searching for drug production facilities.) But the legal framework for cooperation with Mexico remains problematic in some cases because of strict interpretation of 19th century posse comitatus laws on the U.S. side. While the United States has spent hundreds of billions of dollars to affect historical outcomes in Eurasia, its leaders and foreign policy mandarins are somewhat passive about what is happening to a country with which the United States shares a long land border, that verges on partial chaos in some of its northern sections, and whose population is close to double that of Iraq and Afghanistan combined. Mexico, in addition to the obvious challenge of China as a rising great power, will help write the American story in the 21st century. Mexico will partly determine what kind of society America will become, and what exactly will be its demographic and geographic character, especially in the Southwest. The U.S. relationship with China will matter more than any other individual bilateral relationship in terms of determining the United States' place in the world, especially in the economically crucial Pacific. If policymakers in Washington calculate U.S. interests properly regarding those two critical countries, then the United States will have power to spare so that its elites can continue to focus on serious moral questions in places that matter less.
ISIS threat through Mexico highest ever- qualified experts agree- will shut down the grid - extinction WND 9/4 (WND, WorldNetDaily News Company, “ISIS THREAT LOOMS OVER U.S. HOMELAND”, http://mobile.wnd.com/2014/09/isis-threat-looms-over-u-s-homeland/, September 9, 2014) *edited for language 'Militants expressing increased interest in notion they could infiltrate' ISIS bluster that threatens the U.S. Long-known al-Qaida links to south-of-the-border drug cartels. A porous U.S-Mexico border. Gunshots at a California power plant. The individual reports may not cause immediate alarm, but a panel of experts who have connected the dots on threats against the U.S. is warning that the nation needs to be looking at the big picture – and preparing its defenses appropriately. Now. The warnings come from a panel set up by the Secure the Grid Coalition at the Washington-based Center for Security Policy. At a National Press Club news conference this week were Frank Gaffney, former assistant secretary of defense for international security affairs and now president of the CSP; threat expert Dr. Peter Vincent Pry; Ambassador Henry F. Cooper; actress and activist Kelly Carson; and F. Michael Maloof, a former senior security policy analyst in the office of the secretary of defense and now a senior writer with WND. He’s authored “A Nation Forsaken” on the dangers to the U.S. from an attack on its power grid, especially from electromagnetic pulse. There have been multiple reports of ISIS terrorists in Iraq and Syria making statements threatening an attack on the U.S. homeland. And it’s well-documented that al-Qaida, the Muslim terror world’s bad boy before ISIS arrived, is linked closely with drug cartels, many of which have a presence inside some 1,200 of America’s large cities. Further, the U.S. southern border now easily can be crossed illegally. And there already may have been a “dry run” attack on the U.S. power grid, which, in a collapse, would leave America’s defense capabilities severely harmed handicapped. Such concerns have been underscored in recent days by an interview Judicial Watch had with U.S. intelligence officials and the Texas Department Safety. It confirmed that ISIS is present across the Texas border in Juarez, Mexico, where an intelligence unit has picked up increased “chatter” in recent days. While Mexican authorities have denied ISIS’ presence in Mexico and its ability to illegally enter the U.S., Maloof pointed out that three hardened Ukrainian criminals walked into the U.S. from Mexico undetected and have yet to be apprehended. Similarly, there has been evidence uncovered that various nationalities from Pakistan and various Arab countries have entered the U.S. undetected, taking advantage of the porous southern border. Put it all together, panel members said at a news conference in Washington on Wednesday, and the threat the U.S. is facing should be considered immediate and substantial. “It’s all related,” Maloof said. “One thing leads to another … It’s the domino effect.” He noted a series of incidents at a Metcalf power plant in San Jose, California, that suggest someone – still unknown – has been exploring what it takes to bring down a major component of the nation’s grid. Former Rep. Allen West bluntly called the situation a “‘dry run’ for something bigger.” WND reported the utility company, whose operation was disabled in the attack, has offered a $250,000 reward for the arrest and conviction of the perpetrators. West explained, “On April 16, 2013, snipers waged a 52-minute attack on a central California electrical substation. According to reports by Fox News and the Wall Street Journal, the sniper attack started when at least one person entered an underground vault to cut telephone cables, and attackers fired more than 100 shots into Pacific Gas and Electric’s Metcalf transmission substation, knocking out 17 transformers. Electric officials were able to avert a blackout, but it took 27 days to repair the damage,” he wrote. “My concern is that this may have been a dry run for something far bigger. We should be demanding an update on the investigation as to the perpetrators of this attack who escaped without detection,” he said. WB248Pry pointed out that jihadists already are aware of the vulnerability of a country’s grid system by having knocked out completely the entire grid of the country of Yemen last June. Read the book that’s documenting the worry about the EMP threat, “A Nation Forsaken.” The Metcalf attack came one day after the Boston Marathon bombing that killed three people and wounded 264 others. The Boston Marathon suspects are from the Russian North Caucasus, which prompted the Federal Bureau of Investigation to get involved in the investigation of the sniper attack on the transformers. There is a large community of Chechen and North Caucasus immigrants in the San Jose area. Chechen jihadists also have been very prominent in Syria where it is battling to overthrow the government of Syrian President Bashar al-Assad. There also were reports only days after the California sniper attack of a shoot-out when a security guard at the TVA Watts Bar Nuclear Plant in Spring City, Tennessee, was confronted by a suspect at 2 a.m. “TVA spokesperson Jim Hopson said the subject traveled up to the plant on a boat and walked onto the property. When the officer questioned the suspect, the individual fired multiple shots at the officer. The officer shot back, and when he called for backup, the suspect sped away on his boat,” reports said. And just a few days ago, the California plant, after spending millions of dollars on heightened security, again was targeted by a break-in attempt, authorities have reported. Maloof explained after the news conference that the big picture “underscores the potential for an ISIS threat on the grid.” He pointed out how al-Qaida, which is known to have drug cartel links and likely sleeper agents in the United States through those organizations, has been morphing into ISIS, and the belligerent threats made against the U.S. by that group. And he noted that the U.S. grid remains vulnerable and taking it down in any significant way could cause calamities for the U.S., since the nation’s food, fuel, energy, banking and communications industries all are dependent on electricity. “Whenever you start tampering with the grid, you’re affecting the life-sustaining critical infrastructures,” Maloof said. “Our entire survival is based on technology and electronics that, in turn, are based on the electrical flow. If that’s interrupted for any period of time, there are catastrophes over a wide geographic area.” Reports just this week revealed social media chatter shows Islamic State militants “are keenly aware of the porous U.S.-Mexico border, and are ‘expressing an increased interest’ in crossing over to carry out a terrorist attack.” A law enforcement advisory said, “A review of ISIS social media messaging during the week ending August 26 shows that militants are expressing an increased interest in the notion that they could clandestinely infiltrate the southwest border of U.S., for a terror attack.” Maloof explained at the news conference that America’s enemies know “the vulnerabilities of our grid … they will at some point try” to attack. “The threat is there,” he said. “ISIS operatives can easily come through the southern border. And because they ISIS have proxies in the U.S.,” the potential for a catastrophe exists. “The president could take his pen and make the problem a priority,” he said. “At the federal level they don’t have a plan, so the state and local level won’t have a plan.”
2/5/17
JanFeb - DA - Donor Funding
Tournament: Golden Desert | Round: 1 | Opponent: Harker RJ | Judge: Kris Kaya 1 State funding for public colleges is on a downward trajectory – donors make up for the loss. Harnisch ‘10/28 Thomas Harnisch serves as the Director of State Relations and Policy Analysis at the American Association of State Colleges and Universities (AASCU) “Trending to Zero: The Lasting Impact of Total State Disinvestment from Public Higher Education.” The Evolution. October 28, 2016. https://evolllution.com/managing-institution/government_legislation/trending-to-zero-the-lasting-impact-of-total-state-disinvestment-from-public-higher-education/ JJN The term “privatization” is frequently invoked to describe the current and future state of public higher education. The label is used as shorthand for the shift away from state funding and toward tuition and other private revenue streams. State funding cuts for public colleges and universities have produced an evolving administrative model increasingly influenced by corporate-style management, where market-driven metrics replace mission statements and where reliance on revenues from campus assets, donors, out-of-state student enrollment and other non-public sources fill the gap left by ever-diminishing state appropriations. Public university privatization has been years in the making. According to the Pell Institute, state funding efforts for public higher education today stand at 55 percent of what they were in 1980. While the presidential campaign—particularly Bernie Sanders’ proposal to make public colleges free—has created some political pressure in the opposite direction, absent a radical realignment of federal and state funding practices, the disinvestment trend is expected to accelerate due to projected growth in other state budget items. While states often increase funding for public higher education during stronger budget cycles, the increases typically do not make up for the cuts from difficult years, and state funding patterns suggest an inexorable downward trajectory.
Survival for most colleges relies on donor support. Vise ‘11 Daniel de Vise – Author and Journalist at Washington Post. “Public colleges tap private funds as state support dwindles.” Washington Post. July 2, 2011. https://www.washingtonpost.com/local/education/public-colleges-tap-private-funds-as-state-support-dwindles/2011/06/29/AGHiWQvH_story.html?utm_term=.c4f99cada77a JJN As state subsidies for higher education are dwindling, public colleges in the Washington region and elsewhere are learning they must tap private funds to survive. Fundraising by George Mason University rose from $3 million in 1990 to $32 million in 2010, according to an industry survey by the Council for Aid to Education. After adjusting for inflation, that amounts to a nearly four-fold increase. The survey showed donations to the University of Maryland Baltimore County surged from about $1 million to $8 million in that span. Towson University’s fundraising climbed from $1 million to $6 million. Such fundraising campaigns, echoed in other states, come as legislatures across the nation are cutting higher education budgets. Per-student state funding has dwindled from $8,035 in 2000 to $6,451 in 2010 nationwide, in inflation-adjusted dollars, according to the State Higher Education Executive Officers. The trend has spawned dark humor. Public colleges, some in the field say, have evolved from state-supported to state-assisted to state-located. “We are at, in the current fiscal year, the lowest funding level in 30 years. And it’s clearly going to get worse,” said Dan Hurley, director of state relations and policy analysis at the American Association of State Colleges and Universities. Young, ambitious state institutions such as George Mason are playing a desperate game of catch-up against an elite group of older universities with billion-dollar endowments and a long tradition of giving. Johns Hopkins University, Georgetown University and the University of Virginia each raise hundreds of millions of dollars a year. Even the flagship University of Maryland, a relative upstart, took in $87 million in fiscal year 2010. Legislatures are shifting the cost of college to students: public university tuition has nearly doubled nationwide in the past decade. Most public colleges have relied on state funding and student tuition for nearly all their revenue. Now, they are looking to build other funding sources, turning to private donors with unprecedented vigor. Flagship public universities are insulated against the state funding losses, partly on the strength of massive fundraising operations. Even before the decline in state funding, the University of Virginia drew only one quarter of its revenue from Richmond. Other state institutions are more vulnerable. State cuts drove Virginia Commonwealth University to an unprecedented 24 percent tuition increase in 2010. George Mason hasn’t raised faculty salaries in three years. Around the region, state universities are hiring fewer tenure-track professors, allowing class sizes to grow and pressing student lounges into use as teaching spaces. George Mason, a onetime U-Va. branch campus that gained independence in 1972, relied on the state for 60 percent of its operating budget as recently as a decade ago. Today, that share has fallen below 30 percent. Per-student state funding has dropped from $5,319 in 2001 to $3,238 in 2011, in constant dollars. Twenty years ago, “fundraising in any aggressive way was simply not on the radar screen” of regional state universities and younger research universities, said Gary Rubin, vice president for university advancement at Towson. The typical college raises private dollars largely from a small group of wealthy and older alumni. Plaques on ancient campus buildings bespeak the tradition of giving.
Administrators need the ability to regulate speech to keep donors happy. Press and Student Nation ‘16 ALEX PRESS is a PhD student in sociology based in Boston. STUDENTNATION First-person accounts from student activists, organizers and journalists reporting on youth-oriented movements for social justice, economic equality and tolerance. “Silence on Campus: Contingent Work and Free Speech.” The Nation. February 17, 2016. https://www.thenation.com/article/silence-on-campus-contingent-work-and-free-speech/ JJN Corporatization creates a dilemma for higher education: College, unlike most businesses, serves a social function—the production and transfer of knowledge—the achievement of which requires an environment of intellectual freedom that can conflict with profit margins, as some actors central to the model, such as donors, may take issue with controversial speech. In the past, tenure resolved some of this tension—once professors gain tenure, they’re walled off from these pressures, at least theoretically. With the erosion of tenure and a slack academic job market, free speech disappears as professors become increasingly disposable. As Steven Vallas, a sociologist at Northeastern University who researches the changing nature of work, argues, a professor’s right to speak freely presumes a foundation of job stability. “If you have an expansion of the adjunct, precarious professoriate, than you really are eroding the proportion of people who can speak their mind.” In contrast to claims that censorious students are the central threat to the ability of college to serve as a marketplace of ideas, the silencing of speech that comes with a sense of one’s disposability appears much more powerful. Conceding the difficulty of capturing the preemptive stifling of debate that comes with disposable worker status, we can take the severity of repercussions visited upon those who don’t censor themselves as indicative of the problem. Take the case of Steven Salaita, an indigenous studies scholar whose offer of a position at the University of Illinois at Urbana–Champaign was rescinded after he tweeted critically about Israel’s 2014 attack on Gaza. A violation of academic freedom that resulted in a rare formal censure from the AAUP, for Salaita, administrative censorship is no secret. “For the uninitiated, the levels of vitriol and retribution that attend criticism of Israel can be stunning,” he writes, referencing a report authored by the Center for Constitutional Rights and Palestine Legal that details hundreds of reported acts of suppression of pro-Palestine advocacy in under two years. Salaita sued the University of Illinois for violating his rights. While he settled out of court for $875,000, discovery findings from his lawsuit reveal the likelihood of donor influence on the decision to fire him, with the chancellor communicating with donors about Salaita’s tweets and his possible dismissal. As Salaita’s case demonstrates, the extent of donor pressure goes a long way to explain why administrations might choose to silence speech, explains William Robinson, a professor at the University of California–Santa Barbara. In 2009, Robinson caught the attention of outside organizations that then pressured UCSB administrators to charge him with violating the university’s academic code of conduct, according to Robinson’s account of the incident, as well as details published by his supporters. Explaining the role financial needs play in decisions to censor faculty in public higher education, Robinson argues, “As public funding is cut, the administration becomes more reliant on private donors. These donors then use that leverage, threatening to withdraw donations if an administration doesn’t act.” The problem is worsening as public funds for higher education are drying up across the country, according to a recent report by the Center on Budget and Policy Priorities. As this money dwindles, administrations turn to wealthy donors, creating the conditions under which prestigious donors can sway administrator’s decisions on how to respond to controversial faculty, if those faculty can get hired in the first place.
Turns case – lack of financial backing kills quality of education. Webley 12 Kayla Webley, Kayla Webley is a Staff Writer at TIME., 1-25-2012, "Students Bear the Burden of State Higher Ed Cuts," TIME, http://business.time.com/2012/01/25/students-bear-the-burden-of-state-higher-ed-cuts/ MG Over the past year, state funding for higher education has declined by nearly 8. In real terms, that amounts to $6 billion less being funneled into the nation’s public colleges and universities at a time when the demand for the degrees they provide is at an all-time high. According to the annual Grapevine report from the Center for the Study of Education Policy at Illinois State University, 41 states reduced funding as a result of the slow economic recovery and the end of federal stimulus funds. Of those, 29 states allocated less money in the 2011-12 school year than they did in the pre-recession 2006-07 school year. And further, 14 states reduced funds by more than 10. In the most extreme case, New Hampshire reduced public funding for its colleges and universities by 41; at the other end of the spectrum, North Carolina decreased funding by only 1, and nine states managed to increase total state spending for higher ed. (MORE: Which Cities Spend the Most on Snack Foods?) As state money declines, universities are left with no choice but to put more of the financial burden on students — the same students who are already taking on more debt than ever recorded. “There’s an awful lot of substitution of student money for state money,” said Dennis Jones, president of the National Center for Higher Education Management Systems. “The first reaction is always to increase tuition.” At the same time, also as a result of the cuts, schools are curtailing need-based financial aid programs. “Students are being hit with a double whammy — higher cost and less help,” Jones added. But not only are students footing more of the bill, they are getting less bang for their buck. In order to compensate for the lack of funds, universities have made a host of significant changes — and almost none of them are good for students. To start, universities have been forced to scale back the number of enrollment slots they can offer in the first place and recruit more out-of-state (and thus higher-tuition paying) students to up their bottom lines. Here’s one way this scenario could play out: Since elite schools are the ones that most effectively recruit out-of-state students, we’ll start with Student A, a California resident, who is qualified to attend the University of California, Berkeley, but is shut out because out-of-state students have snapped up a larger portion of the enrollment slots than in years past. So, instead of Berkeley, Student A enrolls in a more mid-level state school, like UC Davis. As a result, Student B, who in the past would have been a shoo-in at Davis, is denied admission, and instead opts to attend a community college. Consequently, Student C, whose only option is community college, is shut out of higher education altogether. Those students who are lucky enough to get in often have a hard time finding space in the classes they need as universities slash classes and programs. “We’re seeing dramatic cases of students being enrolled in schools and then finding they can’t get into the courses they need to graduate,” said Paul Lingenfelter, president of the State Higher Education Executive Officers Association, the group that works with Grapevine to issue the report. “If you can’t provide seats in the classroom because you don’t have the money to hire faculty, that’s a denial of access for students.” (MORE: Students Bear the Burden of State Higher Ed Cuts) If they’re lucky enough to get into the classes they want, students are more likely to be taught by adjunct faculty instead of full-time professors. The potential negative for students in this scenario is that adjunct faculty, who may be good teachers, don’t shoulder the responsibility of advising and mentoring students. “It’s not unusual for adjuncts to come in, teach a class and be gone,” Jones said. “In California they call them freeway fliers because they may teach at several schools in order to make a living themselves.” According to Jones, the students most likely to have adjunct faculty are freshmen, meaning many students begin their college careers without seeing faculty who are permanent fixtures at the university. Of course, there are other ways to compensate for a lack of funds that don’t have a direct negative impact on students — including consolidating campuses, cutting programs with low-enrollment, scaling back administrative costs, being more energy efficient, etc. — but four years into the recession, most of the easy cuts have already been made, leaving raising tuition as the last option standing. But that’s not to say it’s a good option. “You have to worry most about the students who aren’t there that should be,” Lingenfelter said. “It’s very clear as cost has risen and aid has been stretched, that there are so many students who should be in higher education today that are not because they can’t afford to be.”
2/19/17
JanFeb - DA - Title IX
Tournament: Berkely | Round: 1 | Opponent: St Francis DJ | Judge: Preston Stolte Federal government funding is continuing to grow – there has been a steady increase over 15 years Camera, MA, 16 Lauren Camera, Education Reporter, 1-14-2016, "Federal Education Funding: Where Does the Money Go?," US News and World Report, http://www.usnews.com/news/blogs/data-mine/2016/01/14/federal-education-funding-where-does-the-money-go VC Government spending on education has surged over the last decade and a half, with money being funneled to federal programs for low-income students, students with disabilities and a slate of competitions that the Obama administration launched through the economic stimulus package. Since 2002, federal funding for education has increased by 36 percent, from $50 billion to $68 billion, according to an analysis by the Committee for Education Funding, a District of Columbia-based advocacy organization. It peaked in 2009 at $97 million, thanks to an injection of dollars from the economic stimulus, most of which went to staving off teacher layoffs. Total ED Discretionary Funding COMMITTEE FOR EDUCATION FUNDING By far, the biggest amount of federal education dollars goes toward funding the Pell Grant program, a tuition assistance initiative for low-income students. In fiscal 2016, the government is spending $22 billion to fund Pell Grants, twice what was spent in 2002, when the program garnered a little more than $11 billion. READ: Achievement Gap Between White and Black Students Still Gaping The explosion in the tuition assistance program was a result of more people qualifying for the grant, in part because of the Great Recession and in part because the Obama administration lowered the income threshold to qualify. Pell Grants-Discretionary Appropriation COMMITTEE FOR EDUCATION FUNDING The next-largest slice of overall education spending is going toward a grant program for school districts with large numbers of low-income students, known as Title I. Funding for the program also saw a big increase since 2002, going from $10.4 billion to $14.9 billion this year, an increase of 43 percent. Previous rulings prove that speech codes are key to federal funding Bernstein, MA, 03 David E. Bernstein, 8-27-2003, "Federal Ruling May Mark End of Speech Codes at Public Universities," Cato Institute, https://www.cato.org/publications/commentary/federal-ruling-may-mark-end-speech-codes-public-universities VC That ruling was made after male students at Santa Rosa Community College had posted explicit and sexually derogatory remarks about two female students on a discussion group hosted by the college’s computer network. Several aggrieved students filed a complaint against the college with the OCR. It found that the messages probably created a hostile educational environment on the basis of sex for one of the students. The college’s toleration of such offensive speech, the government said, would violate Title IX, the law banning discrimination against women by educational institutions that receive federal funding. To avoid losing federal funds, universities across-the-board were required to proactively ban offensive speech by students and diligently punish any violations of that ban. The OCR failed to explain how its rule complied with the First Amendment. Speech codes enacted by public universities clearly violate the First Amendment, even if the codes are enacted in response to the demands of the OCR. So, requiring public universities to enact speech codes or forfeit public funds is obviously unconstitutional. Nevertheless, public university officials ignored the First Amendment and enacted (or retained) speech codes in compliance with the OCR guidelines. While a few schools may have been truly concerned about the potential loss of federal funding, the prevailing attitude among university officials seemed to be that the OCR’s Santa Rosa decision provided a ready excuse to indulge their preference for speech codes. Indeed, some universities enacted speech codes so broad that, when taken literally, they are absurd. The University of Maryland’s sexual harassment policy, for example , bans “idle chatter of a sexual nature, sexual innuendoes, comments about a person’s clothing, body, and/or sexual activities, comments of a sexual nature about weight, body shape, size, or figure, and comments or questions about the sensuality of a person.” So, at the University of Maryland, saying “I like your shirt, Brenda” has been a punishable instance of sexual harassment. Further, under Maryland’s code the prohibited speech need not address an individual to constitute harassment — saying “I really like men who wear bow ties” is out of bounds, at least if a man who wears bow ties hears about it. Moreover, public university censorship has extended well beyond sex discrimination issues. Federal law also bans discrimination in education based on race, religion, veteran status, and other criteria, and universities argued that they needed to censor speech to prevent a hostile environment for groups protected by those laws. The Santa Rosa case affected private universities, too. Unlike public universities, private universities have the right to enact and enforce voluntary speech codes. However, the First Amendment prohibits the government from requiring private universities to administer speech codes. Nevertheless, based on the Santa Rosa ruling, the government threatened to strip private universities of federal funding if they didn’t enforce speech restrictions to ensure that their students are not exposed to a “hostile environment.”
Federal funding is necessary for the success of universities and for future initiatives. Yudof 10 Yudof, Mark G. Former pres of UC Exploring a new role for federal government in higher education. University of California, Office of the President, 2010. The scale of the mission and demands of the moment call out for an integrated national¶ strategy. It must be one that provides the institutions of higher education with a more reliable¶ funding stream — a prerequisite for educating more students and expanding the research that¶ will see us through the 21st century.¶ Some background is in order. The old model for higher education — in particular as it pertains¶ to public research universities — is being steadily abandoned. For a host of political and societal¶ reasons, states now find themselves with shrinking pools of funds available for so-called discretionary¶ programs. This includes higher education.¶ The trend in part is a byproduct of mounting levels of mandatory spending, most notably¶ Medicaid. According to the authors of “The Growing Imbalance: Recent Trends in U.S. Postsecondary¶ Education Finance,” between 1987 and 2006 Medicaid nationwide more than doubled¶ its share of state budget expenditures, from 10.2 percent to 21.5 percent.¶ Within the same window of time, support for higher learning across the country fell from¶ 12.3 percent of state budgets to 10.4 percent; in California the drop was even more dramatic,¶ from 15.2 percent to 11.5 percent, according to numbers drawn from the National Association¶ of State Budget Officers’ State Expenditure Reports.¶ Inevitably, as states have ratcheted down their investment in higher education, students have¶ been required to pick up an increasingly larger portion of the check. The oft-lamented increases¶ in tuition and fees link directly to dwindling state investment — and not to increases in the¶ actual cost of educating a student, a figure which has been essentially flat.¶ From 1998 to 2005, according to the Delta Cost Project (DCP), educational spending for a fulltime-equivalent¶ student, adjusted for inflation, rose by only two-tenths of 1 percent at public¶ research institutions. And yet, strikingly, tuition rose by more than one-third, 34.6 percent. These¶ higher bills paid by students, the DCP investigators noted, “primarily replaced lost state appropriations.”¶ The crunch placed on students is not unlike what befalls workers when their employers switch¶ to less-generous health plans. The cost of producing a prescription drug might stay the same,¶ but the patient’s co-payment goes up. That’s what is happening to American university students,¶ and it appears to be having an impact on enrollment.¶ The United States once led the world in the proportion of 20–29 year olds who were college educated.¶ It now ranks 14th.¶ The Association of Public and Land-grant Universities (APLU) estimates that the production of¶ bachelor and associate degrees in this country would need to increase from 2.1 million in 2007-¶ 08 to 3 million in 2025 in order to match the proportion of young adults (25 to 34 years old)¶ with similar degrees in Canada and Japan. Those two countries stand as world leaders, with about 55 percent of their young adults earning¶ college degrees. The rate in the United States lags at 41.6 percent. For the country to catch up by¶ 2025, the APLU estimates, undergraduate enrollment must grow by about 42 percent, climbing¶ in less than two decades from 8.9 million FTE students to 12.6 million. An expansion of this scale¶ would require an additional $40.2 billion in higher education spending. To apply perspective,¶ that’s an increase of more than half of the $77 billion investment in higher learning made by all¶ states combined in 2006.¶ The sad irony is that this country was once considered the world leader in the development of¶ higher education. In California, we pioneered the model of state-funded, accessible, excellent¶ education for all eligible citizens, an approach which the Republic of Korea, Saudi Arabia, Singapore¶ and many other nations are now trying to emulate even as we walk away from it.¶ Let’s linger for a moment on what the Republic of Korea has been doing. Since the mid-1990s,¶ the Korean government has shifted its national priorities to improve and diversify universities.¶ For instance, in 2009 alone, according to the Korean Ministry of Education, Science and Technology¶ (MEST), it will allocate 5.2 trillion won (approximately $4.1 billion) for higher education¶ funding — an increase of 14.2 percent over the previous year. Last year the Republic of Korea¶ launched an Educational Capacity Enhancement Project, which through grants seeks to ensure¶ that campuses can meet industrial demands for a high quality work force. And its Brain Korea 21¶ Project, instituted in the late 1990s, continues to pursue improvements in research infrastructure¶ and graduate-level training.¶ Contrast this push to the conclusions in a recent McKinsey and Co. report, “The Economic Impact¶ of the Achievement Gap in America’s Schools,” which described the true cost of the United¶ States’ under-investing in human capital as “lower earnings, poorer health and higher rates of¶ incarceration.”¶ The educational gaps between the United States and competing industrial nations, the study¶ found, “impose the equivalent of a permanent national recession…. The gross domestic product¶ in 2008 could have been $1.3 to $2.3 trillion higher (9 percent to 16 percent of GDP)” if the nation’s¶ academic achievement levels were equal to those of Finland or South Korea.¶ Robert Reich, former U.S. secretary of labor and current UC Berkeley professor, makes a¶ compelling argument that to attract jobs and capital, nations and states face two, quite different¶ choices: Build a low-tax, low-wage, highly deregulated economy (i.e., a smokestack, warehouse¶ economy); or, levy higher taxes and impose more regulation, but invest in the human capital¶ development necessary to sustain a highly productive labor force.¶ “The only resource uniquely rooted in a national economy,” Reich says, “is its people — their¶ skills, insights, capacities to collaborate, and the transportation and communication systems that¶ link them together. Public investment is the key to attracting long-term private investment so¶ that a nation’s people can prosper.”¶ At present, though, America finds itself playing catch-up. There are needs on many fronts.¶ Pinpointing one key competitive indicator, the Lumina Foundation for Education has adopted a¶ “Big Goal” to increase the percentage of Americans with quality two- or four-year degrees to¶ 60 percent by 2025. Similarly, a recent study by the Public Policy Institute of California projects a shortage of 1 million¶ college graduates that will be needed to maintain the state’s 2025 work force. Unless policy changes¶ are made, only 35 of working-age adults in that year will hold a four-year degree, while 41 percent¶ of the jobs will require one.¶ Opening the tap to create more college graduates, however, is not a simple task. Among other¶ enhancements, it will require more qualified faculty, which in turn will trigger a need for more¶ graduate students. The growing demand for the research that is the province of our great¶ universities also will not be easily met. But it must.¶ Virtually all the research conducted by industrial research laboratories in the 1960s now takes¶ place at major universities. As John Wiley, chancellor emeritus at the University of Wisconsin, has¶ observed: “The future technologies our economy will depend on are being born in our university¶ research labs.”¶ In a draft paper entitled “Expanding Undergraduate Education to Meet National Goals: The Role¶ of Research Universities,” the APLU echoes Wiley’s assessment and asserts that public research¶ universities in particular must lead the charge to expand capacity for learning: “The areas of¶ study they offer correspond with national needs… including over half of all U.S. bachelor’s degrees¶ in natural resources, conservation and engineering.”¶ The APLU paper notes that public research universities also are a main pathway of opportunity¶ for low-income and minority students. In 2006, the last year measured in its study, more than¶ 26 percent of students enrolled at public research institutions received Pell grants, compared to¶ 15 percent at private research universities.¶ This leads to a larger point. The nation’s interest in quality higher education is not limited to¶ defense, economics and technology. It resides as well in the softer qualities that are engrained and¶ absorbed on a campus, traits necessary to preserve and nourish a great society — opportunity,¶ diversity, citizenship, a cultivated fascination with the march of ideas, an appreciation for the grace¶ notes of life, like a fine painting or a subtle poem.
Insert turns the case arg
Education is key to US Soft power. Nye 05 Joseph Nye, Joseph Nye is University Distinguished Service Professor at Harvard University and served as dean of the John F. Kennedy School of Government there from 1995 to 2004. Nye also has served as Assistant Secretary of Defense for International Security Affairs and chair of the National Intel- ligence Council. His most recent books include Soft Power: The Means to Success in World Politics (2004), an antholo- gy, Power in the Global Information Age (2004), and a novel, The Power Game: A Washington Novel (2004). 2005, "Soft Power and Higher Education" https://net.educause.edu/ir/library/pdf/ffp0502s.pdf MG Colleges and universities can help raise the level of discussion and advance American foreign policy by cultivating a better understanding of power and how the world has changed in important ways over the last 20 to 30 years. We can work to instill in our students and in the broader pub- lic a better appreciation of both the realities of our inter- connected global society and the conceptual framework that must be understood to successfully navigate the new landscape we face. Many observers agree that American higher education produces significant soft power for the United States. Sec- retary of State Colin Powell, for example, said in 2001: “I can think of no more valuable asset to our country than the friendship of future world leaders who have been educated here.” The Cold War was fought with a combination of hard and soft power. Academic and cultural exchanges between the United States and the Soviet Union, starting in the 1950s, played a significant role in enhancing American soft power. American skep- tics at the time feared that visiting Sovi- et scientists and KGB agents would “steal us blind”; they failed to notice, however, that the visitors vacuumed along with the scientific secrets. Because exchanges affect elites, one or two key contacts may have a major political effect. For example, Aleksandr Yakovlev was strongly influ- enced by his studies with the political scientist David Tru- man at Columbia University in 1958. Yakovlev eventually went on to become the head of an important institute, a Politburo member, and a key liberalizing influence on the Soviet leader Mikhail Gorbachev. From 1958 to 1988, 50,000 Russians visited the Unit-ed States as part of formal exchange programs. Contrast that to today, when restrictive visa policies have caused a precipitous drop in applications from foreign students to study in the United States. The long-term implications are that talented foreign students seeking a quality higher education will go elsewhere, and thus America will lose the opportunity to both influence and learn from foreign students. This will diminish American’s awareness of cultural differences precisely when we must become less parochial and more sensitive to foreign perceptions. Higher education leaders need to continue to press for less restrictive student visa policies and for more expeditious handling of visa requests. Further, colleges and universities can assess their internal policies concerning foreign enrollment and evaluate whether that enrollment is high enough to meet the needs of our glob- al society. Conclusion The U.S. government invests a little over a billion dollars a year on soft power, including the State Depart- ment’s public diplomacy programs and U.S. international broadcasting. The nation’s defense budget is over $400 billion a year and rising. Thus, we are spending approxi- mately .25 percent of the military budget on soft power, or, put another way, 400 to 450 times more on hard power than on soft power. Americans—and others—face an unprecedented challenge from the dark side of globalization and the priva- tization of war that have accompanied new technologies. Our success in this changed world will depend upon developing a deeper understanding of the nature of power and the role of soft power, and achieving a better balance of hard and soft power in our foreign policy. Smart power is neither hard nor soft. It is both.
Soft Power solves multiple extinction scenarios. Nye 07 Nye and Armitage, 2007 − Distinguished Service Professor at Harvard University and President of Armitage International (Joseph and Richard, *Note: Report was in collaboration with about 50 other congressmen, “CCIS Commission of Smart Power – A Smarter, more Secure America”, http://www.csis.org/media/csis/pubs/071106_csissmartpowerreport.pdf) Today’s Challenges The twenty-first century presents a number of unique foreign policy challenges for today’s decisionmakers. These challenges exist at an international, transnational, and global level. Despite America’s status as the lone global power, the durability of the current international order is uncertain. America must help find a way for today’s norms and institutions to accommodate rising powers that may hold a different set of principles and values. Furthermore, countries invested in the current order may waiver in their commitment to take action to minimize the threats posed by violent non-state actors and regional powers who challenge this order. The information age has heightened political consciousness, but also made political groupings less cohesive. Small, adaptable, transnational networks have access to tools of destruction that are increasingly cheap, easy to conceal, and more readily available. Although the integration of the global economy has brought tremendous benefits, vectors of prosperity have also become vectors of instability. Threats such as pandemic disease and the collapse of financial markets are more distributed and more likely to arise without warning. The threat of widespread physical harm to the planet posed by nuclear catastrophe has existed for half a century, though the realization of the threat will become more likely as the number of nuclear weapons states increases. The potential security challenges posed by climate change raise the possibility of an entirely new set of threats for the United States to consider. The next administration will need a strategy that speaks to each of these challenges. Whatever specific approach it decides to take, two principles will be certain: First, an extra dollar spent on hard power will not necessarily bring an extra dollar’s worth of security. It is difficult to know how to invest wisely when there is not a budget based on a strategy that specifies trade-offs among instruments. Moreover, hard power capabilities are a necessary but insufficient guarantee of security in today’s context. Second, success and failure will turn on the ability to win new allies and strengthen old ones both in government and civil society. The key is not how many enemies the United States kills, but how many allies it grows. States and non-state actors who improve their ability to draw in allies will gain competitive advantages in today’s environment. Those who alienate potential friends will stand at greater risk. Terrorists, for instance, depend on their ability to attract support from the crowd at least as much as their ability to destroy the enemy’s will to fight. Exporting Optimism, Not Fear Since its founding, the United States has been willing to fight for universal ideals of liberty, equality, and justice. This higher purpose, sustained by military and economic might, attracted people and governments to our side through two world wars and five decades of the Cold War. Allies accepted that American interests may not always align entirely with their own, but U.S. leadership was still critical to realizing a more peaceful and prosperous world. There have been times, however, when America’s sense of purpose has fallen out of step with the world. Since 9/11, the United States has been exporting fear and anger rather than more traditional values of hope and optimism. Suspicions of American power have run deep. Even traditional allies have questioned whether America is hiding behind the righteousness of its ideals to pursue some other motive. At the core of the problem is that America has made the war on terror the central component of its global engagement. This is not a partisan critique, nor a Pollyannaish appraisal of the threats facing America today. The threat from terrorists with global reach and ambition is real. It is likely to be with us for decades. Thwarting their hateful intentions is of fundamental importance and must be met with the sharp tip of America’s sword. On this there can be no serious debate. But excessive use of force can actually abet terrorist recruitment among local populations. We must strike a balance between
2/19/17
JanFeb - T - Generics
Tournament: Golden Desert | Round: 4 | Opponent: Lynbrook YZ | Judge: Donald Fagan A. Interp: The aff must defend that all public colleges and universities not restrict constitutionally protected speachr. To clarify, they can’t advocate that a certain colleges or types of schools restrict.
The subject of the res is a generic noun - without an article are the most common type of generalization, used in all contexts of writing and speech. Byrd “Generic Meaning,” Georgia State University, Transcript of lecture given by Pat Byrd (Department of Applied Linguistics and ESL). Douglas Biber and Susan Conrad, two of the authors of the Longman Grammar, have written about what they call "seemingly synonymous words." They have shown how the adjectives big, great, and large are used differently in academic writing from in fiction. Their point is that when a language has forms that seem to be synonyms--the forms are likely to be used in different ways in different settings. One can't just be substituted for another without a change in meaning or a violation of style. A big toe isn't the same as a large toe. And I don't think I know what a great toe might be. Or, for another example, a political scientist would call Georgia a large state but not necessarily a great state. But a politician from Georgia is likely to talk about the great State of Georgia.¶ A similar process is at work with the use of these generic forms in context. We have a set of sentences that seem to have very much the same meaning. It is probable that the uses of these forms do not entirely overlap. However, we do not yet have a complete picture of how generic forms are used. But the use of computers for linguistic research is a new field, and we get more information all the time. ¶ Here are some things that we do know about these generic noun phrase types when they are used in context:¶ 1. The + singular: The computer has changed modern life. ¶ This form is considered more formal than the others--and is not as likely to be used in conversation as the plural noun: Computers have changed modern life. ¶ Master (1987) found in the sample that he analyzed that this form with the was often used to introduce at topic--and came at the beginning of a paragraph and in introductions and conclusions.¶ 2. Zero + plural: Computers are machines. Computers have changed modern life. ¶ Probably the most common form for a generalization. It can be used in all contexts--including both conversation (Basketball players make too much money) and academic writing (Organisms as diverse as humans and squid share many biological processes). ¶ Perhaps used more in the hard sciences and social sciences than in the humanities. ¶ 3. A + singular: A computer is a machine. ¶ This generic structure is used to refer to individual instances of a whole group and is used to classify whatever is being discussed.¶ The form is often used for definitions of terms. ¶ It is also often used to explain occupations. My sister is a newspaper reporter. I am a teacher. ¶ Use is limited to these "classifying" contexts. Notice that this form can't always be subtituted for the other: *Life has been changed by a computer. *A computer has changed modern life. ¶ 4. Zero + noncount: Life has been changed by the computer. ¶ The most basic meaning and use of noncount nouns is generic--they are fundamentally about a very abstract level of meaning. Thus, the most common use of noncount nouns is this use with no article for generic meaning. ¶ Zero Article and Generic Meaning¶ Most nouns without articles have generic meaning. Two types are involved.¶ 1. Zero + plural: Computers are machines. Computers have changed modern life.¶ 2. Zero + noncount: Life has been changed by the computer.
This outweighs other arguments because it links to the specific metric used to determine whether the resolution is true or false, as opposed to just the meaning of individual words or phrases. I thus establish the best holistic sense of what the aff burden is.
Determining semantics comes before other standards: A. It’s the only stasis point we know before the round so it controls the internal link to engagement, and there’s no way to use ground if debaters aren’t prepared to defend it. B. Grammar is the most objective since it doesn’t rely on arbitrary determinants of what constitutes the best type of debate – it’s the only impact you can evaluate. C. The AFF isn’t topical regardless of fairness or education since it doesn’t affirm the text - we wouldn’t debate rehab again just because it was a good topic. Regardless of theory, you negate substantively because they fail their resolutional burden.
B. Violation: They specify military academies
C. Standards:
Limits – they allow way too many affs. There are 629 public universities in the us as of 2005 (info please.com)
Near infinite colleges and combinations explodes the NEG prep burden and predictability which kills fairness and engagement. Procedurally, if I can’t access their education it doesn’t matter. T version of the AFF solves their offense – they can read advantages specific to any country which ensures NEG responses
Even if there are some turns, that AFF is massively over prepared for them since it limits their prep burden. Generics don’t solve – agent CPs or state bad Ks aren’t persuasive vs a nuanced AFF.
2. Core Controversy – they shift focus from key NEG args like the principle of free speech, hate speech, federal funding, campus activist.
D. Vote on substantive engagement: otherwise we’re speaking without debating and there’s nothing to separate us from dueling oratory. It also creates the most valuable long-term skills since we need to learn how to defend our beliefs in any context, like politics.
Drop the debater on T:
A. Hold them accountable for their interp – a topical advocacy frames the debate - drop the arg lets them jump ship to a new layer killing NEG ground. B. Drop the arg on T is the same thing as drop the debater since T indicts their advocacy
Competing interps since reasonability invites arbitrary judge intervention based on preference rather than argumentation and encourages a race to the bottom in which debaters exploit a judge’s tolerance for questionable argumentation.
No RVIs: A. They incentivize debaters to go all in in theory and bait it with abusive practices, killing substantive clash on other flows. B. They can run theory on me too if I’m unfair so 1) theory is reciprocal because we’re both able to check abuse and 2) also cures time skew because they can collapse in the 2ar to their shell.
2/18/17
NovDec - CP - CRB CP
Tournament: Damus | Round: 4 | Opponent: San Marino ED | Judge: Olivia Panchal Governments responsible for police officers should implement the Coalition Against Police Abuse proposal for civilian review which includes- -establish “Loyal Opposition Policy Review Boards” for civilian oversight of police conduct, policy, and hiring/firing decisions -The boards should be: elected, paid, and independent of police agencies -The boards should have special investigators with unrestricted access to crime scenes and the power to subpoena police department personnel and records -The board should have authority over all claims of police misconduct including: assault, discrimination, infiltration of community groups, sexual harassment, false arrest, and misuse of force. The board should be able to mandate training or discipline for officers up to and including firing, protections for police whistleblowers, and mandate of municipal damages -Special city prosecutors should be appointed independent of the city attorney’s office and the city council who handle all criminal cases against police officers and have full subpoena powers -staff should be hired on the basis of affirmative action policies
CRBs are a legitimate alternative to immunity reform- their decisions affect the ‘clearly established’ doctrine which solves the case without judicial change Meltzer, JD, 14 (Ryan E., Texas LR 92: 1277 Qualified Immunity and Constitutional-Norm Generation in the Post-Saucier Era: “Clearly Establishing” the Law Through Civilian Oversight of Police) In the course of investigating discrete incidents of alleged police misconduct, civilian external investigatory bodies engage in fact-finding and identification and application of governing legal standards in much the same way as a court assesses a motion to suppress evidence or a § 1983 claim alleging a deprivation of constitutional rights.31 More importantly, these bodies constantly encounter novel factual scenarios, particularly ones implicating the Fourth Amendment,32 such that their findings epitomize the sort of fact-specific guidance endorsed by the Court.33 Further, to the extent that they are empowered to make policy recommendations to the police departments they oversee, civilian external investigatory bodies also resemble compliance agencies like the U.S. Department of Justice (DOJ), whose advisory reports have helped to provide the sort of “notice” required to overcome an official’s qualified immunity.34 Consequently, the Court’s qualified immunity jurisprudence appears to permit the findings of such bodies to contribute to the clearly-established-law analysis. At present, however, the work of civilian external investigatory bodies—work that produces a wealth of valuable information and often confronts constitutional questions that might otherwise escape formal adjudication— is largely divorced from that of the courts.35 This state of affairs represents a costly missed opportunity, especially in the wake of Pearson. (1281-2)
The CP Solves the Case
Only EXTERNAL, CIVILIAN oversight can alter police behavior- the aff’s internal legal reform drives police misconduct underground- it’s a trap Akbar, 15 – Assistant Professor of Law at Michael E. Moritz College of Law, the Ohio State University (Amna, “National Security’s Broken Windows”, UCLA Law Review, Vol. 62, pg. 834, May 2015, Lexis) This Article has attempted to identify the problems with community engagement and counterradicalization in the national security context, drawing from the critiques of community policing and broken windows in the ordinary criminal context. The canvas for this critical engagement was limited insofar as *906 Muslim communities' experiences in these programs have been largely sheltered from public view. Harvesting those experiences is no doubt essential to understanding the possibilities and limitations of these programs. This Article provided a sketch of the problems lurking near the surface - that is left to future work. Is community engagement salvageable? Moving community engagement toward its most democratic aspirations - toward a more genuine exercise in community consultation, contestation, and collaboration - would involve ridding the program of its pernicious baggage. For example, law enforcement could end community engagement's integration with community-wide intelligence gathering, or could decouple community engagement from CVE and counterradicalization. Certainly there are strong normative reasons, including those that motivate this Article, to expect and demand that law enforcement account for the realities of marginalized communities. But we cannot expect that dialogue will necessarily lead to accountability, meaningful contestation, or realignment of police approaches in marginalized communities. After all, law enforcement is itself a significant vehicle for marginalization and racialization in the United States. It is reasonable to question whether community policing - or policing at all - can be expected to be the vehicle for the change we are seeking. The problem and the solution may be entirely mismatched. The allure of community policing rests in part on a broader construct of dialogue as inherently valuable. While dialogue can certainly be valuable, its value will depend on the context and the point of view from which it is being evaluated. Dialogue often serves a different function for the more powerful in the conversation than the less powerful. The idea that dialogue is the cure-all for poor relationships between police and marginalized communities emerges from a failure to recognize the structures and histories of police impunity in these communities, as well as the material realities that keep inequality in place. When the dialogue in question is with the police, initiated by the police, and on the police's own terms, not only is the function of the dialogue necessarily limited, the entire initiative should raise red flags. How will the dialogue change the material reality of policing in the community? Does the dialogue further exacerbate inequality or simply validate preexisting policing practices through the performance of democratic legitimacy? Or is it really allowing for messy democratic contestation, and the possibility for change in the material conditions of the relationship between the police and the marginalized? For community policing to be an effective tool in changing the relationship between the marginalized and law enforcement, marginalized communities cannot simply be offered a seat at the table to participate in preconceived policing *907 programs. They must have the political power to hold police accountable. For community policing mechanisms to offer potential for real change to marginalized communities, communities must build capacity and political power to demand accountability. So while we might advocate for law enforcement to engage marginalized communities, we cannot rely on law enforcement initiatives to recalibrate relationships long rife with deep inequality. The pressure for meaningful change must come from outside, from the communities themselves organizing for change. n325 2. The aff attempts to improve regulation of INDIVIDUAL OFFICERS. The CP changes police culture as a whole. This reduces police opposition and rights violations Seybold, 15 – JD Candidate (Steven D, “Somebody's Watching Me: Civilian Oversight of Data-Collection Technologies,” March 2015, Texas Law Review, Vol. 93, pg. 1029) First, even a highly effective LOPRB providing quality policy recommendations to a police department would likely encounter some department resistance to the civilian oversight. This resistance may be created because of police department views of a civilian entity "meddling" or just the potential perception of an adversarial relationship between the *1058 LOPRB and police department. n207 However, the structure of LOPRBs help overcome most of this resistance traditionally leveled against civilian oversight from police departments. The emphasis on policy review, rather than complaint review, means that LOPRBs will not directly regulate individual police officers but rather the department as a whole. This change in focus will likely reduce the intensity of any police department resistance because the potential adversarial relationship will be between the LOPRB and the police department instead of individual officers. n208 Furthermore, any resistance can be ameliorated by public pressure on police departments to enact the LOPRB's policy recommendations. The LOPRB's outreach will inform the local community of the use of data-collection technologies, potentially generating popular support behind LOPRB recommendations. LOPRBs can thus indirectly enforce their recommendations through utilizing that popular support and pressure on police departments. That indirect pressure on police departments will help reduce potential police department resistance because policy changes brought about through public pressure will be a reaction by the police department to the public at large, rather than directly reacting to the adversarial LOPRB. Thus, while police department resistance likely cannot be completely overcome, LOPRBs can ameliorate this traditional civilian oversight problem.
3. The CRB doesn’t have to work- it creates a deterrent effect Seybold, 15 – JD Candidate (Steven D, “Somebody's Watching Me: Civilian Oversight of Data-Collection Technologies,” March 2015, Texas Law Review, Vol. 93, pg. 1029) 3. Individual Deterrence and Systemic Correction. - Finally, civilian oversight has some meaningful deterrence on individual actors while also providing a functioning mechanism to address local systemic issues. n163 Individual police officers are more likely to undertake regulation of their own behavior when the officer knows that they are being watched by an oversight body. n164 External civilian oversight can ensure greater accountability not only among rank-and-file officers, but also among command officers, and can also address systemic issues facing dys-functional departments. n165 Approximately two-thirds of civilian oversight entities undertake policy review in addition to complaint review, n166 allowing civilian oversight bodies to review general policies and advocate for systemic reform. n167 Samuel Walker, a scholar whose work focuses on police accountability, emphasized that successful civilian oversight bodies "take a proactive view of their role and actively seek out the underlying causes of police misconduct or problems in the complaint process." n168 If civilian oversight mechanisms continually provide policy recommendations to police departments, those recommendations as a whole can have a significant effect on police misconduct, while at the same time making the police department more "accustomed to input from outsiders." n169 Civilian oversight thus can have a transformative impact on entire police departments rather than only correcting the actions of a singular officer.
4. Civilian review is mutually exclusive and more efficient than court action Weinbeck, 11 – JD Candidate William Mitchell College of Law (Michael P, “Watching the Watchmen: Lessons for Federal Law Enforcement from America's Cities,” William Mitchell Law Review, Vol. 36, pg. 1306) A police department's internal affairs unit, operating on its own, lacks the credibility to conduct an independent investigation that is satisfactory to the community. n50 Minneapolis city council members, in an attempt to assuage community members and preserve their own political futures, established the city's review authority. n51 In theory, at least, a system of civilian oversight inserts into the police investigation process a watchman without allegiance to the police who will ensure that the investigation is conducted without bias. n52 This, in turn, generally supports a perception by the community that its police department is operating with a proper respect for individual rights. n53 As a result, a greater level of trust develops between the police and the *1315 community that ultimately greases the cogs of crime detection and prevention. n54 There are other benefits that municipalities enjoy when establishing a system of citizen oversight. Chief among them is the political coverage that the city's elected officials receive when establishing the agency. n55 For example, the Minneapolis Civilian Police Review Authority came into being in 1990 after police officers identified the wrong house in a drug raid. n56 During the course of the botched raid, the police killed an elderly couple who lived in the house. n57 In another episode not long after, the Minneapolis Police Department broke up a peaceful party of college-aged African Americans at a Minneapolis hotel. n58 In response to both incidents, outraged community members engaged in vehement and highly publicized demonstrations. n59 Besides providing a measure of political coverage, citizen oversight may also operate as a mechanism for saving cities money. n60 Wronged citizens, instead of bringing their grievances to court, enter the civilian oversight system where they may achieve redress that ends up costing the city nothing more than the administrative costs of the investigation. n61 11/5/16
11/6/16
NovDec - DA - Hollow Hope Da
Tournament: Damus | Round: 4 | Opponent: San Marino ED | Judge: Olivia Panchal The new generation LGBTQ movement is working with community-based solutions, moving away from the flare of courts. Lazare ‘10/13 Sarah Lazare is a staff writer for AlterNet, A former staff writer for Common Dreams. “Meet 5 Movement Leaders Across the U.S. Fighting for LGTBQ Issues on the Ground.” Alternet. October 13, 2016. http://www.alternet.org/lgbtq/meet-5-movement-leaders-across-us-fighting-lgtbq-issues-ground JJN "We've gotten dragged into a national conversation where same-sex marriage is held up as the pinnacle of the LGBTQ struggle, but there are so many other things our communities struggle around, issues that have to do with life and death,” Paulina Helm-Hernandez, the co-director of the queer liberation group Southerners on New Ground (SONG), told AlterNet. “We’re dealing with issues like criminalization, health care access and core safety. We’re thinking about ways our people know a lot about violence and how to survive." Helm-Hernandez is one of countless movement leaders in rural communities and urban centers across the country bringing a queer lens to racial, social and economic justice activism. LGBTQ organizers are at the helm of the Movement for Black Lives, calling for an end to extrajudicial police killings, and on the frontlines of native resistance at Standing Rock, where indigenous earth defenders have erected a "two-spirit camp," for gay and lesbian indigenous people. They are demanding an stop to deportations and mass incarceration and devising concrete, community-safety alternatives to calling the police. While fending off the racist incitement of the 2016 election cycle, LGBTQ organizers are also going on the offensive, preparing to mobilize for demilitarization at home and abroad no matter who wins in November. AlterNet spoke with five U.S.-based organizers whose political and cultural work shows that LGBTQ movements go far beyond marriage equality, and are shaping the social movements that define our times. 1. Kym Anthoni, New Orleans “Second lining is very big in New Orleans culture,” said Anthoni, an organizer with the youth-led LGBTQ organization BreakOUT. “After someone passes away, people will do a dance celebrating resilience. Every year around the anniversary of Hurricane Katrina, we do a second line for the people who died to celebrate resilience, strength and moving forward.” “When a transgender woman has been killed, or you’ve gone through a bunch of bullshit, we embody the culture of second line, recognizing that we have a lot of pain and embracing resilience, saying let’s let go of the harsh shit that you’ve been through and celebrate the fact that you made it,” Anthoni continued. “Last year for the Trans March of resilience, we had a whole second line. We were uplifting the voices that are normally not uplifted in our culture.” New Orleans has been hit hard in recent years by a wave of killings targeting transgender women of color. Among them was BreakOUT community member Penny Proud, a 21-year-old black transgender woman murdered in 2015. This summer, the organization released a statement reading, “It is with heavy hearts that we share the news that another young, black trans/gender non-conforming person, Devin Diamond, has been murdered in New Orleans, just a few weeks after 24-year-old Erica ‘E’ Davis was shot in the Treme neighborhood on her way to work.” Key to BreakOUT’s organizing is the principle that “we deserve to walk down the street and not be attacked, we deserve to not be criminalized,” said Anthoni. This demand is aimed at curbing vigilante violence as well as law enforcement brutality. The organization’s first campaign was called We Deserve Better and took on rampant abuse by the New Orleans Police Department. According to a report released in 2014 by BreakOUT, police abuse is widespread. The survey found that “75 percent of people of color respondents feel they have been targeted by police for their sexual orientation or gender identity or gender expression compared with 24 percent of white respondents.” In addition, the report states that “43 percent of people of color respondents have been asked for a sexual favor by police compared with 11 percent of white respondents.” Anthoni emphasized that it is important for the broader public to understand that police brutality is also an LGBTQ issue. “Police always target trans women of color just for being trans,” Anthoni said. “They over-eroticize transgender bodies. The queer and transgender youth of color are most targeted by law enforcement. It’s a huge issue because it takes your power away, it makes you feel vulnerable. Our vulnerability can sometimes cost us our lives.” In addition to organizing, political education and youth work in local high schools, Anthoni said, “The main core of what we do is heart healing justice work. We focus on finding ways to heal as a community.”
B. Links-
Court civil rights victories act as fly paper drawing other social movements into the court to focus on litigation strategies Rosenberg 8 (Gerald N., University of Chicago political science and law professor, Ph.D. from Yale University, member of the Washington, D.C. bar, The Hollow Hope: Can Courts Bring about Social Change?, p. 427) If this is the case, then there is another important way in which courts affect social change. It is, to put it simply, that courts act as “fly-paper” for social reformers who succumb to the “lure of litigation.” If the constraints of the Constrained Court view are correct, then courts can seldom produce significant social reform. Yet if groups advocating such reform continue to look to the courts for aid, and spend precious resources in litigation, then the courts also limit change by deflecting claims from substantive political battles, where success is possible, to harmless legal ones where it is not. Even when major cases are won, the achievement is often more symbolic that real. Thus, courts may serve an ideological function of luring movements for social reform to an institution that is structurally constrained from serving their needs, providing only an illusion of change.
2. This is specifically true for LGBTQ movements Jane S. Schacter* James E. and Ruth B. Doyle-Bascom Professor of Law, University of Wisconsin Law School; Edwin A. Heafey, Jr. Visiting Professor of Law, Stanford Law School, 2005-2006; A.B., University of Pennsylvania, 1980; J.D., Harvard University, 1984. Drake Law Review Summer 06 There is an emerging view of the role of courts in the sexual orientation domain that echoes Professor Gerald Rosenberg's landmark book, The Hollow hope. n9 This view is distinctly skeptical about the prospects of courts accomplishing much reform in the area of gay rights. n10 *863 It should not be confused with normative critiques of "activist courts" made by those who object to same-sex marriage or other gay rights. n11 The skepticism inspired by The Hollow hope is empirical in nature and often made by those evincing no particular hostility to gay rights. n12 The thinking goes roughly like this: courts cannot produce significant change, only legislatures can. Legislators, who are politically accountable, will act in ways that are consistent with public opinion. By contrast, courts may get out too far in front of public opinion and, when they do, backlash is sure to follow. Against this background, count my Essay as a plea for caution and context. The question whether courts can, or do, produce social change on sexual orientation issues is a question that is, on closer analysis, too crude to be all that useful. I will suggest that rather than staking out broad claims or pursuing unbroken causal arrows, scholars ought to bring into focus the variability, contingency, and complexity that presents itself as we try to map the relationship between courts and social change in the area of gay rights. True, any romanticized picture of judges as countermajoritarian revolutionaries, single-handedly making public policy more progressive, is empirically unsustainable. But we should not replace one piece of mythology with another. The notion that the institutional properties of courts disable them from ever driving social change in a significant way has its own caricatured qualities.
C. Internal Link- Courts Wreck movements
Judicial review produces divide and conquer Becker 93 (Mary, Prof of Law @ University of Chicago Law School; 64 U. Colo. L. Rev. 975 ln) Binding judicial review can impede political movements even when the Supreme Court does not actually block success. The relegation of high matters, such as sexual equality, to the courts saps political movements of their strength, particularly after ineffective victories. 76 At the same time, judicial review can mobilize the opposition, and the Court itself will be influenced by the resulting political climate, a climate it has helped create. When ineffective judicial victories weaken a movement, there may be less grass-roots pressure for change. Yet, real change in the relationship between the sexes is unlikely without change at the grass-roots level. Decisions from on high are unlikely to transform intimate relationships. Judicial victories protecting one or some outsider groups, but not all such groups, also interfere with the development of effective coalitions. This may be most harmful to the most vulnerable groups, such as lesbians, bisexuals, and gay men. Real or perceived judicial protection of less marginal groups, such as straight women or racial minorities, may mean that these groups are less likely to form effective coalitions with the more marginal groups. Judicial review is, therefore, a "divide and conquer" strategy. 2. Perceived victories cause mass movement deflation Rosenberg 8 (Gerald N., University of Chicago political science and law professor, Ph.D. from Yale University, member of the Washington, D.C. bar, The Hollow Hope: Can Courts Bring About Social Change?, p. 422-423) In contrast to this conclusion, it might be suggested that throughout this book I have asked too much of courts. After all, in all the cases examined, court decisions produced some change, however small. Given that political action appeared impossible in many instances, such as with civil rights in the 1950s, same-sex marriage in the 1990s, and reform of the criminal justice system more generally, isn’t some positive change better than none? In a world of unlimited resources, this would be the case. In the world in which those seeking significant social reform live, however, strategic choices have costs, and a strategy that produces little or not change and induces backlash drains resources that could be more effectively employed in other strategies. In addition, vindication of constitutional principles accompanied by small change may be mistaken for widespread significant social reform, inducing reformers to relax their efforts. D. Impacts LGBTQ Rights are crucial to avoid extinction Tatchell ’89 Peter Tatchell - is a British human rights campaignerbest known for his work with LGBT social movements, was selected as Labour Party Parliamentary candidate for Bermondsey. “Gay Liberation is Central to Human Emancipation.” Peter Tatchell.net. However, note at the bottom: “An edited version of this article was published in "Labour Briefing", 1989. See also "Beyond lesbian and gay rights", Interlink. May /June 1989.” http://www.petertatchell.net/masculinity/gay_liberation.htm JJN *bracketed for offensive language Lesbian and gay LGTBQ liberation is of critical importance to the broader project of human emancipation. It is not merely a minority issue, nor purely a question of civil rights and sexual freedom. The ultimate aim is a cultural revolution to end heterosexual supremacism and the concomitant cult of heterosexual masculinity which underpins all relations of oppression and exploitation. This was the revolutionary agenda of the lesbian and gay liberation movement which emerged 20 years ago following the Stonewall Riots in New York in June 1969. In contrast to earlier liberal-oriented movements for homosexual equality, the lesbian and gay liberation movement did not seek to ape heterosexual values or secure the acceptance of homosexuals within the existing sexual conventions. Indeed, it repudiated the prevailing sexual morality and institutions - rejecting not only heterosexism but also heterosexual masculinity with its oppressive predisposition to rivalry, toughness and aggression (most potently symbolised by the rapist and the queer-basher). In contrast the "radical drag" and''gender-bender" politics of the Gay Liberation Front glorified male gentleness. It was a conscious, if sometimes exaggerated, attempt to renounce the oppressiveness of masculinity and subvert the way masculinity functions to buttress the subordination of women and gay men. Lesbian and gay liberation is therefore truly revolutionary because it specifically rejects the male heterosexual cult of masculine competitiveness, domination and violence. Instead, it affirms the worthwhileness of male sensitivity and affection between men and, in the case of lesbians, the intrinsic value of an eroticism and love independent of heterosexual men. By challenging heterosexual masculinity, the politics of lesbian and gay liberation has profound radical implications for oppressed peoples everywhere: it actively subverts the male heterosexual machismo' values which lie at the heart of all systems of domination, exploitation and oppression. Lesbian and gay liberation is therefore not an issue which is peripheral. It is, indeed absolutely central to revolutionary change and human liberation in general. Without the successful construction of a cult of heterosexual masculinity and a mass of aggressive male egos, neither sexual, class, racial, species, nor imperialist oppression are possible. All these different forms of oppression depend on two factors for their continued maintenance. First, on specific economic and political structures. And second, on a significant proportion of the population, mainly heterosexual men, being socialised into the acceptance of harsh masculine values which involve the legitimisation of aggression and the suppression of gentleness and emotion. The embracing of these culturally-conditioned macho values, whether consciously or unconsciously, is what makes so many millions of people able to participate in repressive regimes. (This interaction between social structures, ideology and individual psychology was a thesis which the communist psychologist, Wilhelm Reich, was attempting to articulate nearly 60 years ago in his book, The Mass Psychology of Fascism). In the case of German fascism, what Nazism did was merely awake and excite the latent brutality which is intrinsic to heterosexual masculinity in class societies. It then systematically manipulated and organised this unleashed masculine violence into a fascist regime of terror and torture which culminated in the holocaust. Since it is the internalisation of the masculine cult of toughness and domination which makes people psychologically suited and willing to be part of oppressive relations of exploitation and subjection, repressive states invariably glorify masculine "warrior" ideals and legally and ideologically suppress those men - mainly homosexuals - who fail to conform to them. Given that this internalisation of masculine aggression within the male population is a prerequisite for injustice and tyranny, love and tenderness between men ceases to be a purely private matter or simply a question of personal lifestyle. Instead, it objectively becomes an act of subversion which undermines the very foundations of oppression. Hence the Nazis' vilification of gay men as "sexual subversives" and "sexual saboteurs" who, in the words of Heinrich Himmler, had to be "exterminated- root and branch." In conclusion: the goal of eradicating injustice and exploitation requires us to change both the social structure and the individual personality to create people who, liberated from masculinity, no longer psychologically crave the power to dominate and exploit others and who are therefore unwilling to be the agents of oppressive regimes (whether as soldiers, police, gaolers and censors or as routine civil servants and state administrators who act as the passive agents of repression by keeping the day-to-day machinery of unjust government ticking over). By challenging the cult of heterosexual masculinity, lesbian and gay liberation politics is about much more than the limited agenda of human rights. It offers a unique and revolutionary contribution to the emancipation of the whole of humanity from all forms of oppression and subjugation.