AC - Race Aff NC - Cap and turns 1AR - went for racism first NR - Cap
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1 - K Anti-Ethics
Tournament: Holy Cross | Round: 4 | Opponent: Sacred Heart Catholic SP | Judge: Chris Randall Abstraction recreates anti black violence since asking historically racist institutions to try and fix problems is blind optimism that always fails. Curry 13
Dr. Tommy J. Curry 13, Assistant Professor, Department of Philosophy, Texas AandM, "In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical", 2013. CC
Despite the rhetorical strategies adopted by both Black and white political theorists which urge Blacks and whites alike to demand Americans to continue their allegiance to the foundational de-racialized ethos of the post-Civil Rights era, the reality of the American racism—its sheer recurring violence against Black people—demands more than symbolic rhetorical allusion. To seriously grasp the reality of racist oppression and the sempiternal machinations of anti-Blackness throughout American society be it in its institutions like the prison industrial complex, its policies like Affirmative action, or its manipulation of Black social degradation and economic disadvantage to support pathological theses about disasters like Katrina or cultural deviance as in the death of Trayvon Martin, Darius Simmons, or Jordan Davis, the study of the matter itself—racism—must be a study of a conceptual disengagement with the myth of racial equality and the “automatic progressivism” of the American liberal project. This disengagement is not simply the refusal to accept the idealism of civil rights myth held beyond the realm of fact, but the disengagement with the illusions of democracy and equality that continue to ignore the role that violence has played and continues to play in the subjugation, incarceration, and vilification of Black life. As Dr. A.J. William Myers reveals in his work groundbreaking work entitled Destructive Impulses, Until at such time white America (and Black America) is openly willing to confront a historical legacy of its own violence (perpetrated against an American people of color), any venture into and/ or expository on race relations becomes an exercise in futility…As a result, therefore, white violence, confined to the subliminal recesses of the American psyche, continues to prevent the transition necessary for the country to move beyond the idea of race. In America, Blackness and the racism that continues to condemn those historical racialized peoples is violence—it is the forceful and coercion enclosing of human beings to an inferior social, political, and economic status of which their own humanity exceeds. This dehumanizing relegation of the raced citizen is not a gradual or incremental debasement, but rather the historically immediate condition of inferiority that presents progress to be attainable by the cyclical degrees of physical violence against the racialized population. For these racially oppressed peoples, violence is the permanent fixture of existence in America, since it is the vitiation of their humanity that rationalizes the varying techniques of their cultural erasure, birthing the emergent symbolic associations of degradation that replace their invisibility, and empowering the intentional enforcements of their societal exclusions. In fact, it is precisely this triumvirate that gauges what we take to be the negation of the necessity of revolutionary change--since the raced is taken to be present, as a result of a critical redefining of humanity, integrated into society.
Their ethics are just another hoop we have to jump through to get to a discussion of racism and are inaccessible to the oppressed. Curry 13
Dr. Tommy J. Curry 13, Assistant Professor, Department of Philosophy, Texas AandM, "In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical", 2013. CC
In the post-structuralist era, post-colonial thinking about racism specifically, and difference/otherness generally, has given a peculiar ameliorative function to discourse and the performance of “other-ed” identities. In this era, the dominant illusion is that discourse itself , an act that requires as its basis the recognition of the “other” as “similar,” is socially transformative—not only with regard to how the white subject assimilates the similitude of the “other-ed,” but as an actual activity gauged by the recognition by one white person or by a group of white people in any given scenario, is uncritically accepted and encouraged as anti-racist politics.. In actuality such discourse appeals, which necessitate—become dependent on—(white) recognition, function very much like the racial stereotype, in that the concept of the Black body being the expression and source of experience and phenomena (existential-phenomenological-theorization) is incarcerated by the conceptualization created the discursive catalyst yearning to be perceived by the white thing seeing the Black. Such appeals lend potentiality-hope-faith to the already present/demonstrated ignorance-racism-interest of the white individual, who in large part expresses the historical tone/epistemology of their racial group’s interest. When morality is defined, not by the empirical acts that demonstrate immorality, but the racial character of those in question, our ethics become nothing more than the apologetics of our tyrannical epoch. Ought implies a projected (futural) act. The word commands a deliberate action to reasonably expect the world to be able to sustain or support. For the Black thinker, the Black citizen-subject-slave-(in)human, ought is not rational but repressive. For the oppressed racialized thinker, the ethical provocation is an immediate confrontation with the impossibility of actually acting towards values like freedom, liberty, humanity, and life, since none of these values can be achieved concretely for the Black in a world controlled by and framed by the white. The options for ethical actions are not ethical in and of themselves, but merely the options the immorality of the racist world will allow, thus the oppressed is forced to idealize their ethical positions, eliminating the truth of their reality, and the peeling away the tyranny of white bodies, so that as the oppressed, the can ideally imagine an “if condition,” whereby they are allowed to ethical engage racism from the perspective of: “if whites were moral and respected the humanity of Blacks, then we can ethically engage in these behaviors. Unfortunately, this ought constraint only forces Blacks to consciously recognize the futility of ethical engagement, since it is in this ought deliberation that they recognize that their cognition of all values are dependent not on their moral aspirations for the world, but the determined by the will of white supremacy to maintain virtue throughout all ethical calculations. In short, Black ethical deliberation is censored so that it can only engage moral questions by asserting that whites are virtuous and hence capable of being ethically persuaded towards right action, hence all ethical question about racism, white supremacy and anti-Blackness is not about how Blacks think about the world, but what possibility the world allows Blacks to contemplate under the idea of ethics. These ethics, the ethics that result from this vitiated morality, are not arbiters of oppression at all. They are not a rational calculus that is capable of revealing a categorical imperative, rather they function as the Kantian constraints upon human experience; the synthetic apriori upon which the phenomena of whiteness is the landscape of thinking about Blackness under the Western anthropos. There is an implicit appeal to a hierarchy of being that is both empirical and universal—all man is superior to non-man. Hence, ethics emerges as the product of the overrepresentation of Western man thinking itself—projecting itself—into the future. These ethics, theorized away from the anti-Blackness not within it, only uphold an overdetermined virtue of whiteness. They hold within them no actual delineation between good or bad, only a Puritanical call to reason to turn its attention towards the other-ed created. This attention however relies on the perceptions and caricatures of Black torment that appeal to the whites’ self-assuring imagining of themselves, so that even when confronted with racism and their role as whites thinking about Black people incarcerated within a racist society and dying, these whites can claim that their conceptualization of racism itself, or (inter-sectionally) next to other injustices like poverty, sexism, homophobia, etc. makes them (whites) virtuous. It is the process of, the appeal to, “getting whites to recognize” (racist) oppression that allows the destruction of reality, Black death, to continue unabated, since it is the exact moment that whites are forced to engage racist problems in America, be it the anti-Black violence of American society, which animates the aversion of the justice system, the police state, the white citizenry, or the practice of American democracy itself—where the death of Black people/criminals/deviants/thugs remain normal and justified by whites—that they, the white(s) thinking about racism, get to impose upon Black reality, a racist moral maxim, namely that racism is not death and beyond –the end of--ethical calculus or moral evaluation, but ultimately contingent in America and of measurable consequence so much so that must be weighed next to the other democratic values that preserve this great white society: security, safety, individuality, property, profit, and freedom, the very values that when enacted by whites continue to perpetuate one ultimate end, the death of Blacks.
Colorblindness is active racism – it shuts off conversations about oppression and only allows white voices to be heard. Williams 11
Racial issues are often uncomfortable to discuss and rife with stress and controversy. Many ideas have been advanced to address this sore spot in the American psyche. Currently, the most pervasive approach is known as colorblindness. Colorblindness is the racial ideology that posits the best way to end discrimination is by treating individuals as equally as possible, without regard to race, culture, or ethnicity. At its face value, colorblindness seems like a good thing — really taking MLK seriously on his call to judge people on the content of their character rather than the color of their skin. It focuses on commonalities between people, such as their shared humanity. However, colorblindness alone is not sufficient to heal racial wounds on a national or personal level. It is only a half-measure that in the end operates as a form of racism. Problems with the colorblind approach Racism? Strong words, yes, but let's look the issue straight in its partially unseeing eye. In a colorblind society, White people, who are unlikely to experience disadvantages due to race, can effectively ignore racism in American life, justify the current social order, and feel more comfortable with their relatively privileged standing in society (Fryberg, 2010). Most minorities, however, who regularly encounter difficulties due to race, experience colorblind ideologies quite differently. Colorblindness creates a society that denies their negative racial experiences, rejects their cultural heritage, and invalidates their unique perspectives. Let's break it down into simple terms: Color-Blind = "People of color — we don't see you (at least not that bad ‘colored' part)." As a person of color, I like who I am, and I don't want any aspect of that to be unseen or invisible. The need for colorblindness implies there is something shameful about the way God made me and the culture I was born into that we shouldn't talk about. Thus, colorblindness has helped make race into a taboo topic that polite people cannot openly discuss. And if you can't talk about it, you can't understand it, much less fix the racial problems that plague our society. Colorblindness is not the answer Many Americans view colorblindness as helpful to people of color by asserting that race does not matter (Tarca, 2005). But in America, most underrepresented minorities will explain that race does matter, as it affects opportunities, perceptions, income, and so much more. When race-related problems arise, colorblindness tends to individualize conflicts and shortcomings, rather than examining the larger picture with cultural differences, stereotypes, and values placed into context. Instead of resulting from an enlightened (albeit well-meaning) position, colorblindness comes from a lack of awareness of racial privilege conferred by Whiteness (Tarca, 2005). White people can guiltlessly subscribe to colorblindness because they are usually unaware of how race affects people of color and American society as a whole.
The alt is anti-ethics; we must refuse the notion that historically racist institutions can stop exploitation. Fiat is illusory, so we need to destroy the concept of the white man and white virtue. Curry 13
Dr. Tommy J. Curry 13, Assistant Professor, Department of Philosophy, Texas AandM, "In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical", 2013. CC
The shift out of our present conception of Man, out of our present “World System”—the one that places people of African descent and the ever-expanding global, transracial category of the homeless, jobless, and criminalized damned as the zero-most factor of Other to Western Man’s Self—has to be first and foremost a cultural shift, not an economic one. Until such a rupture in our conception of being human is brought forth, such “sociological” concerns as that of the vast global and local economic inequalities, immigration, labor policies, struggles about race, gender, class, and ethnicity, and struggles over the environment, global warming, and distribution of world resources, will remain status quo. ¶ Anti-ethics; the call to demystify the present concept of man as illusion, as delusion, and as stratagem, is the axiomatic rupture of white existence and the multiple global oppressions like capitalism, militarism, genocide, and globalization, that formed the evaluative nexus which allows whites to claim they are the civilized guardians of the world’s darker races. It is the rejection of white virtue, the white’s axiomatic claim to humanity that allows the Black, the darker world to sow the seeds of consciousness towards liberation from oppression. When white (in)humanity is no longer an obstacle weighed against the means for liberation from racism, the oppressed are free to overthrow the principles that suggest their paths to liberation are immoral and hence not possible. To accept the oppressor as is, the white made manifest in empire, is to transform white western (hu)man from semi-deitous sovereign citizen to contingent, mortal, and un-otherable. Exposing the inhumanity of white humanity is the destruction/refusal of the disciplinary imperative for liberal reformism and dialogue as well as a rejection of the social conventions that dictate speaking as if this white person, the white person and her white people before you are in fact not racist white people, but tolerable—not like the racist white people abstracted from reality, but really spoken of in conversations about racism. The revelatory call, the coercively silenced but intuitive yearning to describe the actual reality set before Black people in an anti-Black society, is to simply say there is no negotiating the boundaries of anti-Blackness or the horizons of white supremacy. Racism, the debasement of melaninated bodies and nigger-souls, is totalizing. ¶ But such a reality can never be spoken or written about without fear. In order to preserve the possibility of being recognized by whites, be it as citizen-not-terrorist or as a scholar, colleague, human-not-angry-nigger, the Black philosopher, Blackened person must offer to whites vindication—acknowledgement that he recognizes and will speak of-write about whites as having the potentiality for virtue. The revolutionary activity, if that is how we understand the efforts to change the material-physical relationship between the oppressed and the oppressor, making one’s individual assertion of white inhumanity—the local act of critique—real and socially transformative beyond the dialogical (conversations between colleagues, within a discursive space, or disagreements between critics), is not convincing the white subject in dialogue with, the supposed rational ethical subject, that they-it can potentiality to be different, or better. This is a dead end appeal over-determined by trying to “win over,” “be recognized by,” the white subject. The revolutionary activity is to demonstrate as a matter of ontology (this is whiteness as is) that whiteness is irredeemable. In relativizing Western MAN, showing the ethnoclass limitation of Europe’s cultural invention, Black humanity is freed to begin thinking itself anew without the fear of falling into mimicry. In short, seeing whites as they are is the proof that Black consciousness has shifted our present conception of man and has found a new teleological/cultural orientation; an endarkening path towards a new humanity.
The role of the ballot is to vote for the debater that provides the best liberation strategy for the oppressed.
Their attempt to whitewash history by ignoring the racist foundations that underlie their theory allows racial domination to remain invisible – their epistemology is inherently flawed and a voting issue. Leonardo 02
Leonardo, Zeus. "The souls of white folk: Critical pedagogy, whiteness studies, and globalization discourse." Race, ethnicity and education 5.1 (2002): 29-50. CC
The fragmenting effects of the global economy work in tandem with the fragmenting tendencies of whiteness. As a perspective, whiteness is historicaly fractured in its apprehension of racial formations. In order to ‘see’ the formation in full view, whites have to mobilize a perspective that begins with racial privilege as a central unit of analysis. Since starting from this point would mean whites engage in a thorough historical understanding of ‘how they came to be’ in a position of power, most whites resist such an undertaking and instead focus on individual merit, exception- alism, or hard work. The act of interpreting the totality of racial formations is an apostasy that white students and educators must undertake but one which does not come easy or without costs. The costs are real because it means whites would have to acknowledge their unearned privileges and disinvest in them. This is a different tack from saying that whites benefit from renouncing their whiteness because it would increase their humanity. Whites would lose many of their perks and privileges. So, the realistic appraisal is that whites do have a lot to lose by committing race treason, not just something to gain by forsaking whiteness. This is the challenge. In his discussion of gender and race, Terry Eagleton (1996) provokes a distinction between identity politics and class relations. He calls class position relational in a way that gender and race are not, because possessing a certain skin color or body configuration does not prevent another person from owning such traits. By contrast, a landless laborer occupies a material position because the gentleman farmer owns the land or property. Eagleton goes on to say that being black does not mean one is of a different species from a white person. Pigmentation is not definitive of a general human experience in the same way that freckle-faced people do not constitute an essentialy different human category. In this, Eagleton exposes the racist and patriarchal imagination by highlighting its contradictions and ilogics. However, his analysis leaves out a more powerful explanation of how racism actualy works. Like most oppressive systems, racism functions through an illogical rationalization process. For instance, the one-drop rule, or the Rule of Hypodescent, demarcates blacks from whites by drawing an arti cial and arbitrary line between them in order both to create more slaves and limit people’s power to achieve whiteness. Thus, the power of whiteness comes precisely from its ability to usurp reason and rational thought, and a purely rationalistic analysis limits our understanding of the way it functions. Despite its contradictions, the contours of racism can be mapped out and analyzed and this is what Cheryl Harris (1995) attempts when she compares whiteness to owning property. First, whiteness becomes property through the objecti cation of African slaves, a process which set the precondition for ‘propertizing’ human life (Harris, 1995, p. 279). Whiteness takes the form of ownership, the de ning attribute of free individ- uals which Africans did not own. Second, through the reification and subsequent hegemony of white people, whiteness is transformed into the common sense that becomes law. As a given right of the individual white person, whiteness can be enjoyed, like any property, by exercising and taking advantage of privileges co-extensive with whiteness. Third, like a house, whiteness can be demarcated and fenced off as a territory of white people which keeps Others out. Thus, caling a white person ‘black’ was enough reason, as late as 1957, to sue for character defamation; the same could not be said of a black person being mistaken for ‘white.’ This was a certain violation of property rights much like breaking into someone’s house. In al, whites became the subjects of property, with Others as its objects. As Charles Mils (1997) explains, the Racial Contract is an agreement to misinter- pret the world as it is. It is the implicit consensus that whites frequently enter into, which accounts for their fragmented understanding of the world as it is racialy structured. When confronted with the reality of racial oppression, according to Hurtado, whites respond with: I wil listen to you, sometimes for the rst time, and wil seem engaged. At critical points in your analysis I wil claim I do not know what you are talking about and wil ask you to elaborate ad nauseam. I wil consistently subvert your efforts at dialogue by claiming ‘we do not speak the same language’. (cited in McLaren et al., 2001, pp. 211–212; italics in original) The frequent detours, evasions, and detractions from the circuits of whiteness cripple our understanding of the racio-economic essence of schools and society. It is a distortion of perfect communication in Habermas’s (1984) sense of it which creates what I cal an altogether ‘ideological speech situation.’ That is, communi- cation is ideological to the extent that the ‘ideal speech situation’ is systematicaly distorted, which is different from saying that it is always a bit distorted. As Hurtado plainly describes, radical communication about the Contract meets apathy and indifference, perhaps a bit predictably. Admitting the reality of white racism would force a river of centuries of pain, denial, and guilt that many people cannot assuage. In several instances, both in coleagues’ courses as wel as mine, white students have expressed their emotions and frustrations through tears when white privilege is confronted. In fact, Rains (1997) has described the same event occurring in her courses. Although it might seem cynical or unfeeling to analyze criticaly such an occurrence, it is important to deploy such a critique in the name of political and pedagogical clarity. It is imperative to address the local moment and ‘be there’ for al students but in slicing through the pathos, one also bene ts from re ection on the moment in its larger, global signi cance. The times when I have confronted this scenario can be described as the honest interrogation of racial power engaged by both white and non-white students. At certain moments, some anger has been expressed, sometimes frustration. In general, the milieu is emotional and politicaly charged. How can it not be? In one particular case, I witnessed a situation where a black student interrogated the issue of racial privilege and questioned a white coleague’s comments for failing to do the same. By the end of the exchange, the white student left the room crying and the discussion halted. In another case, an earnest discussion took place about racism and ways to address it in schools. A white student cried because she felt frustrated and a little helpless about how she comes into the fold of becoming an anti-racist educator. After a minute of pause, students of color returned to the discussion at hand, not breaking their stride. In a third instance, in the midst of discussing the importance of building solidarity between teachers against racism, a white student cries and asks her coleagues to remember that they must stay cohesive and support each other as comrades in struggle. A coleague reports a fourth instance where, during a dialogue about the experiences of women of color, a white woman repeatedly insisted that the real issue was class, not race, because her experiences as a woman were similar to the women of color. When a faculty of color informed her that she was monopolizing the discussion and in the process invalidated the voices of women of color, the white woman cried and was unable to continue. In al these cases, we observed the guilt of whiteness prompting the women to cry in shame. Made to recognize their unearned privileges and confronted in public, they react with tears of admission. Discussing (anti)racism is never easy and is frequently suppressed in mainstream classroom conditions. The establishment of the right conditions is precious but often precarious. In the rst case, we must keep in mind that it was the black student who felt dehumanized and subsequently felt enough courage to express her anger about comments she perceived to be problematic. The act of crying by the white student immediately positioned the black student as the perpetrator of a hurt and erased/deraced the power of her charge. A reversal of sorts had just occurred. The white student earned the other students’ sympathy and the professor folowed her to the halway to comfort her white the black student nursed her anger by herself. Likewise, I could not help but feel for the white student. Upon re ection, an important difference needs to be discussed. In the act of crying, the student attenuated the centuries of hurt and oppression that the black student was trying to relay. In the act of crying, the student transformed racism into a local problem between two people. I couldn’t help feeling that other students in the class thought the black person was both wrong and racist, erasing/deracing the institutional basis of what she had to say. The room’s energy suddenly felt funneled to the white student. Clearly, there are more ‘harmonious’ ways of teaching the topic of race and racism. However, they also often forsake radical critique for feelings. Feelings have to be respected and educators can establish the conditions for radical empathy. That said, anger is also a valid and legitimate feeling; when complemented by clear thought, anger is frighteningly lucid. Thus, a pedagogy of politeness only goes so far before it degrades into the paradox of liberal feel-good solidarity absent of dissent, without which any worthwhile pedagogy becomes a democracy of empty forms. White comfort zones are notorious for tolerating only smal, incremental dozes of racial confrontation (Hunter and Nettles, 1999). This does not suggest that educators procure a hostile environment, but a pedagogical situation that fails to address white racism is arguably already the conduit of hostility. It fragments students’ holistic understanding of their identity development through the ability of whiteness to deform our complete picture of the racial formation. It practices violence on the racialized Other in the name of civility and as long as this is the case, racial progress wil proceed at the snail pace of white racial consciousness. White race traitors and progressive Others shal piece together a whole from the fragmentary pieces that whiteness has created out of this world. The Contract challenges educators of the new millennium to explain the untruth of white perspectives on race, even a century after Du Bois’s initial chalenge. Obviously, this does not mean that whites cannot grasp the Contract; many do, but they cannot accomplish this from the white point of view, a world-view which, according to Gibson, projects a ‘delusional world,’ ‘a racial fantasyland,’ and ‘a consensual halucination’ (cited in Mils, 1997, p. 18). With the rise of globalization, education—which prides itself for inculcating into students knowledge about the real world—struggles to represent the world in the most real way possible. White epistemology can be characterized as fragmentary and fleeting because white liveli- hood depends on this double helix. It is fragmentary because in order for whiteness to maintain its invisibility, or its unmarked status, it must by necessity mistake the world as non-relational or partitioned (Dwyer and Jones, III, 2000). This allows the white psyche to speak of slavery as ‘long ago,’ rather than as a legacy which lives today; it minimizes racism toward non-white immigrants today through a convenient and problematic comparison with white immigrants, like the Irish or Jews. It is also fleeting because it must deny the history of its own genesis and the creation of the Other. It can only be concerned with ‘how things are and not how they got to be that way.’ As a socio-spatial epistemology, whiteness sees the world upside-down. Mils (1997) and I agree when he says: Thus on matters related to race, the Racial Contract prescribes for its signatories an inverted epistemology, an epistemology of ignorance, a particular pattern of localized and global cognitive dysfunctions (which are psychologicaly and socialy functional), producing the ironic outcome that whites wil in general be unable to understand the world they themselves have made. (p. 18; italics in original) According to Mils, whiteness concerns itself with racial details and misses the totality of the Racial Contract. Like the way it partitions the world according to its own image, whiteness constructs history as separate racial details without coherence. As a result, it fails to provide our students the language to link together California’s Proposition 187 (anti-immigrant), 209 (anti-af rmative action), and 227 (anti-bilin- gualism) as related to white hegemony. With the exception of particular Asian ethnic groups (to which I wil return later), al three legislations limit the rights of students of color. Fortunately, white and non-white activists have countered such measures with unrelenting protests and public organizing because, as Hopson et al. (1998) remind us, ‘Recognizing and valuing language varieties and multiple ways of speaking among students is a precondition to understanding how to teach them’ (p. 5). As a racial epistemology, whiteness is necessarily idealist in order to construct the Other as abstract, rather than concrete. Enslavement, discrimination, and marginalization of the Other work most efficiently when they are constructed as an idea rather than a people. They can be more easily controled, aggregated as the same, or marked as unchanging and constant when textbooks idealize them as inconse- quential to the history and evolution of humankind. In effect, whiteness eggs us on to yoke together different peoples around the globe under the sign of sameness.
10/2/16
1 - K Decadence
Tournament: Grapevine | Round: Quarters | Opponent: Collegiate EW | Judge: Sullivan, Tyler McConway, Cameron Agarwala, Varad The AFF’s performance of _ discounts evidence – they destroy the pursuit of knowledge by propagating decadence. Gordon 06 Lewis Gordon—professor at philosophy, African and Judiac Studies at University of Connecticut Storrs—2006 (Disciplinary Decadence: Living Thought in Trying Times, p 28-29) A striking feature (among many) of the contemporary intellectual climate, as I pointed out in the introduction of this book, is the war on evidence. There are many instances of this, but perhaps most memorable are the many "charts" and so-called evidential claims made by Ronald Reagan during his presidency. The so-called evidence he advanced was rarely ever evident. We needn’t blame Reagan for this. It was happening everywhere. Think of the scores of pseudo-intellectuals who have mastered the performance of “academese” and the rhetorical advance of evidence like claims. Lying beneath all this are, of course, nihilistic forces, and lying beneath such forces are, as Friedrich Nietzsche diagnosed little more than a century ago, decadent ones. Where truth has collapsed into commonness, then critical thinking isn't necessary, which makes the work of assessing evidence superfluous. The effect is the kind of nonthinking activities against which Ortega y Gasset argued. There are two extremes of this. On the one hand, there is oversimplicity that demands no reflection. On the other hand, there IS the dense, abstruse appearance of expertise that conceals an absence of thought. Both don't require thinking because their ultimate appeal is appearance. Evidence is paradoxically that which has been hidden but revealed as a conduit for the appearance of another hidden reality. In effect, then, It is an appearance that enables appearance, but it is an appearance that requires thinking in order to appear. In short, it is not an appearance that stimulates thought but a form of thought that stimulates appearance. This means that evidence is always symbolic; it always refers beyond Itself. Because whether affirmed or rejected, it always extends itself publicly for assessment, evidence is peculiarly social. And since it is social, evidence is subject to the complex exchange of intersubjective activities. Evidence must, in other words be subject to norms" and "criteria." By norms, I don't here mean normativity or social prejudices but instead an understanding of where an exceptional instance versus a typical instance of a case holds. This requires further understanding of relevance, which, too, requires the value of distinction. All this together provides a clue to the contemporary problem. When simply the performance of presenting evidence substitutes for evidence, then anything can count as evidence. We see this in scholarly texts where the authors announce the importance of looking at a subject and then later argue as though that announcement itself constituted examination. Think, as well, of some texts in literary and cultural studies with long, run-on commentary in end notes and footnotes that serve no role of substantiating the claims they supposedly demarcate. We also see it in cases where pronouncements of past failures of certain social remedies take the form of perennial truths. The AFF’s decadence stops us from from various ways of knowing the world and ontologizes _ as the constitutive foundation of the world. Gordon 06 Lewis Gordon—professor of philosophy, African and Judiac Studies at the University of Connecticut—2014 (“Disciplinary Decadence and the Decolonization of Knowledge,” Africa Development 39.1: 81-92, 86-88). Failure to appreciate reality sometimes takes the form of recoiling from it. An inward path of disciplinary solitude eventually leads to what I call disciplinary decadence.12 This is the phenomenon of turning away from living thought, which engages reality and recognises its own limitations, to a deontologised or absolute conception of disciplinary life. The discipline becomes, in solipsistic fashion, the world. And in that world, the main concern is the proper administering of its rules, regulations, or, as Fanon argued, (self-devouring) methods. Becoming ‘right’ is simply a matter of applying, as fetish, the method correctly. This is a form of decadence because of the set of considerations that fall to the wayside as the discipline turns into itself and eventually implodes. Decay, although a natural process over the course of time for living things, takes on a paradoxical quality in disciplinary formation. A discipline, e.g., could be in decay through a failure to realise that decay is possible. Like empires, the presumption is that the discipline must outlive all, including its own purpose. In more concrete terms, disciplinary decadence takes the form of one discipline assessing all other disciplines from its supposedly complete standpoint. It is the literary scholar who criticises work in other disciplines as not literary. It is the sociologist who rejects other disciplines as not sociological. It is the historian who asserts history as the foundation of everything. It is the natural scientist that criticises the others for not being scientific. And it is also the philosopher who rejects all for not being properly philosophical. Discipline envy is also a form of disciplinary decadence. It is striking, for instance, how many disciplines in the humanities and the social sciences are now engaged in intellectual history with a focus on the Western philosophical canon. And then there is decadence at methodological levels. Textualism, for example, infects historiography at the level of archival legitimacy. Or worse, in some forms of textualism, the expectation of everything being contained in the text becomes evident in work in the human sciences that announce studying its subject through an analysis exclusively of texts on the subject. There are scholars in race theory, e.g., who seem to think that theorising the subject is a matter of determining what has been said on it by a small set of canonical texts. When appearance is reduced to textuality, what, then, happens to inquiry? What are positivism and certain forms of semiological imitation of mathematical phenomena but science envy? When biologism, sociologism, psychologism, and many others assert themselves, to what, ultimately, are they referring? In the human sciences, the problem becomes particularly acute in the study of problem people. Such people misbehave also in disciplinary terms. The failure to squeeze them into disciplinary dictates, from a disciplinarily decadent perspective, is proof of a problem with the people instead of the discipline. It serves as further proof of the pathological nature of such people. Decadence destroys the possibility of a decolonized ethics of the oppressed to overturn. Gordon 14 Lewis Gordon—professor of philosophy, African and Judiac Studies at the University of Connecticut—2014 (“Disciplinary Decadence and the Decolonization of Knowledge,” Africa Development 39.1: 81-92, 88). The first is regarding the political significance of this critique. For politics to exist, there must be discursive opposition over relations of power. Such activity involves communicative possibilities that rely on the suspension of violent or repressive forces. In effect, that makes politics also a condition of appearance. To be political is to emerge, to appear, to exist. Colonisation involves the elimination of discursive opposition between the dominant group and the subordinated group. A consequence of this is the attempted elimination of speech (a fundamental activity of political life) with a trail of concomitant conditions of its possibility. It is not that colonised groups fail to speak. It is that their speaking lacks appearance or mediation; it is not transformed into speech. The erasure of speech calls for the elimination of such conditions of its appearance such as gestural sites and the constellation of muscles that facilitates speech – namely, the face. As faceless, problem people are derailed from the dialectics of recognition, of self and other, with the consequence of neither self nor other. Since ethical life requires others, a challenge is here raised against models of decolonial practice that centre ethics. The additional challenge, then, is to cultivate the options necessary for both political and ethical life. To present that call as an ethical one would lead to a similar problem of coloniality as did, say, the problem of method raised by Fanon. European modernity has, in other words, subverted ethics. As with the critique of epistemology as first philosophy, ethics, too, as first philosophy must be called into question. It is not that ethics must be rejected. It simply faces its teleological suspension, especially where, if maintained, it presupposes instead of challenging colonial relations. Even conceptions of the ethical that demand deference to the Other run into trouble here since some groups, such as blacks and Indians/Native Americans, are often not even the Other. This means, then, that the ethical proviso faces irrelevance without the political conditions of its possibility. This is a major challenge to liberal hegemony, which calls for ethical foundations of political life, in European modernity. It turns it upside down. But in doing so, it also means that ethics-centred approaches, even in the name of liberation, face a similar fate. This reliance on the subjective erases the outside world and legitimates narcissism. Gordon 06 Lewis Gordon—professor at philosophy, African and Judiac Studies at University of Connecticut Storrs—2006 (Disciplinary Decadence: Living Thought in Trying Times, p 8) The demise of evidence has collapsed the world of knowledge into near solipsistic subjectivities. It is not only the politician and other public figures who cover their cars. shut their eyelids. and hum out efforts to bring account ability to their words and deeds. In the world of academic work, similar, self-insulating practices have become hegemonic. Instead of being open-ended pursuits of knowledge many disciplines have become self-circumscribed in their aims and methods in ways that appear ontological. By this I mean that many disciplines lose sight of themselves as efforts to understand the world and have collapsed into the hubris of asserting themselves as the world. Locked in their own subscribed regions-beyond which is quite simply the end of the world- they shift from articulating their own limits and conditions of possibility to the assertion of their legitimacy in deontological terms- in terms, that is. that are categorical or absolute, in terms that do not require purpose. We return here to disciplinary decadence. Decadence, as we know, is a process of decay. Living things grow, and eventually they begin to decay and then die. Disciplines are functions of the living reality on which they rest. namely, living societies. As social conditions for the life of disciplines decline. so, too, do disciplines. but they do so, I contend over the course of the following reflections primarily through treating the proof of their decay as evidence of their health. Their practitioners delude themselves that the elimination of opposition, the eradication of an outside world, is the achievement of epistemic immortality. Such rationalization is symptomatic of decay. Think by comparison of what it would mean for a thinking subject if there were a resolution of all negation even distinction. The knowledge game would be over.
The AFF depends on whiteness by reproducing decadent white discourse. In asking for the ballot they reify the Black as imitative of the white, outweighing case. Gordon 06
Lewis Gordon—professor at philosophy, African and Judiac Studies at University of Connecticut Storrs—2006 (Disciplinary Decadence: Living Thought in Trying Times, p. 88-89).
Fanon was much aware of this in his classic early work, Black Skin, White Masks ( 1967a), from which his qualification was announced. In that work, he presented a complex interplay of intratextual naivety with metatextualinsight as he, as in the fashion of Dante's Inferno, invited the reader to follow him through each circle of a claustrophobic, hellish condition. The black is a white construction, he admits, that is a consequence of a social world that stands between phylogenetic and ontogenetic forces. Yet creating alternative constructions is not so easy when we take seriously the complexity of the signs and symbols that constitute the language of their transmission. The colonizing signs and symbols arc not simply at the level of what they assert but also at the level of how they assert themselves. Thus, epistemological colonization, as we saw in the preceding chapt er, should also be understood as lurking even at the heart of method. A major epistemological problem is the degrading quagmire stimulated by the dialectics of recognition. There, blackness stands as imitation instead of originality or source. All imitations face the original as standard, which makes ownership of the promised national language an elusive dream. The link between language and Fanon's sociogenic observation is that language is in principle communicable, which means that it is inherently "public," that it finds its foundations in the social world. Failure at the linguistic and semiotic levels means that there is trouble in the social world, and trouble in the social world means, should one continue to cling to its completeness, its inherent legitimacy, that one should retreat inward , into the bosom of love, of an affirmation of one's worth, for sanctuary.' Yet, there, too, failure awaits so long as, under the guise of love, the desired desire is to be loved not as black but as white through the narcissistic gift of deceiving words. That words of whiteness, words of white recognition as white within the privacy of love are insufficient resistance against the social world calls for a further retreat to the point of constitutional fantasy. He then rehearsed the retreat autobiographically through his own encounters with words of " niggerness," to laughter, words of science, to the rhytmns of negritude to tears, and then wrestling with psychopathological anxieties in a world bereft of normality. Why did Fanon take such a circuitous path in that early work? Because he knew that reality is difficult to bear; which preparation is necessary. Facing such difficulties awakens a critical interrogative consciousness; one that, in the encomium that marks the book’s denouement, is appealed to in its author’s flesh. Fanon's philosophy can be summarized by a single conviction: Maturity is fundamental to the human condition, but one cannot achieve maturity without being actional which, for Fanon, is tantamount to freedom. Much of his subsequent writings explore this thesis. In Les Damnes de la terre ( 1961 / 1991 ), this march through concentric layers of hell, echoed in the title's reference to les damnes, returns, but now in the context of the wider political question of a geo-const ituted realm. (Although this text is well known in the English-speaking world as The Wretched of the Earth, I prefer to use the French title since I ultimately argue that a damned people are not identical with wretchedness. Recall that Fallon begins with the provocative overlook his critical reject ions of the "Greco-Latin pedestal" of Western values. For if those values were instruments of colonization, how can they legitimate themselves as anything other than its salvation? But what happens in a world of suspended values, both old and new? Is it not the case that in a world without values, all is permitted? And what could be more violent than such a world, a world without limits?
Grasping reality beyond narcissism is necessary to critically engage and get to the REAL. Gordon 06
Lewis Gordon—professor at philosophy, African and Judiac Studies at University of Connecticut Storrs—2006 (Disciplinary Decadence: Living Thought in Trying Times, p 32) Yet evidence is a form of understanding. It is not simply the case that something advanced as evidence is evidence. It must be understood as such, which means that it must be put through a process of critical inquiry, a process that requires thinking. The war on thinking has led to a situation in which ideas have become increasingly divorced from reality. And this has become so for good reason: Reality is not always what we want it to be. For some of us, the response is narcissistic rage, where we attempt to force reality to cough lip a version of the self that we prefer. a version of reality that is more palatable. We in effect wage war on reality. As Judith Butler laments in Precarious Life (2003): I think we can see, however, how moralistic ant i-intellectual trends coupled with distrust of the Left as so many self-flagellating First World elites have produced a situation in which our very capacity to think about the grounds and causes of the current global conflict is considered impermissible. The cry That "there is no excuse for September 11" has become a means by which to stifle any serious public discussion of how US foreign policy has helped to create a world in which such acts of terror are possible. (3) Evidence is the symptom of repressed reality. It signifies that which is either suppressed or that which we have attempted to suppress. For others, it is an insistent, near-sociopathic denial of the relevance of reality. Evidence, for those who have taken that turn, simply disappears from their purview. For, as in the case of the single-minded solipsist, the individual whose self literally becomes the world, there is no outside, no "others," to offer an open door through which to encounter the appearance of things beyond their control. Evidence is after all, found. Fabrication is. after all , an affront to evidence; it is to present something as evidence that is, in effect not evidence and , in so doing, point the activities of thought away from reality.
10/2/16
1 - K Wynter
Tournament: Grapevine | Round: Quarters | Opponent: Collegiate EW | Judge: Sullivan, Tyler McConway, Cameron Agarwala, Varad It is impossible to solve colonization and domonation within a European body of knowledge. Wynter 06
- Impact – can’t solve antiblackness if you work within antiblack disciplines since that consciousness will always invade “radical” thought – just like you couldn’t explain to someone in the medival era why some planets seemed to move backwards because the planetary model was geocentric, you can’t explain to someone who uses western phil a true liberation strategy for black people
Syliva Wynter 6—2006 ( “Interview with Syliva Wynter,ProudFlesh Interview: New Afrikan Journal of Culture, Politics and Consciousness, Issue 4). NS
PROUD FLESH: At this point in your life’s work, who could think of your writing without thinking of its critical thesis on “humanism,” of Western humanism, or what it calls “Man,” which also raises critical questions of “consciousness,” does it not? And other questions, too, of course. SYLVIA WYNTER: Such as, “Why does this meaning have to be put on being Black—this meaning of non-being?” These are the kinds of questions that you guys are going to ask. I beg you guys to go back and read about Copernicus, Galileo and so on. The Darwinian thing was a bit of a struggle, but not as much--strangely enough . . . PROUD FLESH: Yes, you consistently show how “the Copernican revolution” was one enabled by imperialist exploration-cum-exploitation or conquest. For undergraduates in Western universities, in particular, they simply stick the Copernicus issue in the anthology of “modern Western philosophy,” as a lesser textual concern, without dealing with it or its significance; I mean, with no context or explanation. SYLVIA WYNTER: They never even wanted to write about it! And why? Because I think they are aware of the implications, if taken seriously. That’s how they took over the world. We have to take it all seriously. YOU CANNOT SOLVE THE ISSUE OF “CONSCIOUSNESS” IN TERMS OF THEIR BODY OF “KNOWLEDGE.” You just can’t. Just as within the medieval order of knowledge there was no way in which you could explain why it is that certain planets seemed to be moving backwards. Because you were coming from a geocentric model, right? So you had to “know” the world in that way. Whereas from our “Man-centric” model, we cannot solve “consciousness” because “Man” is a purely ontogenetic/purely biological conception of being, who then creates “culture.” So if we say “consciousness” is “constructed,” who does the constructing? You see? Whereas in Fanon’s understanding of ontogeny-and-sociogeny, there’s no problem. Do you see what I mean?
The alternative is radical decolonization that challenges the AFF’s overrepresentation of Western Man by centering blackness first. Wynter 03
- Alt - basically do the AFF (burn everything down, end the world, whatever) without their use of western phil concepts – like pic out of psychoanalysis, western ontology focus, and social death focus - External impacts - global conflict, poverty, sexism, etc are all caused by overrepresentation of western man
Sylvia Wynter—2003 (“Unsettling the Coloniality of Being/Power/Truth/Freedom: Towards the Human, After Man, Its Overrepresentation--An Argument,” CR: The New Centennial Review, Volume 3, Number 3,257-337). NS
The argument proposes that the struggle of our new millennium will be one between the ongoing imperative of securing the well-being of our present ethnoclass (i.e., Western bourgeois) conception of the human, Man, which overrepresents itself as if it were the human itself, and that of securing the well-being, and therefore the full cognitive and behavioral autonomy of the human species itself/ourselves. Because of this overrepresentation, which is defined in the first part of the title as the Coloniality of Being/ Power/Truth/Freedom, any attempt to unsettle the coloniality of power will call for the unsettling of this overrepresentation as the second and now purely secular form of what Aníbal Quijano identifies as the "Racism/ Ethnicism complex," on whose basis the world of modernity was brought into existence from the fifteenth/sixteenth centuries onwards (Quijano 1999, 2000), 2 and of what Walter Mignolo identifies as the foundational "colonial difference" on which the world of modernity was to institute itself (Mignolo 1999, 2000). 3 The correlated hypothesis here is that all our present struggles with respect to race, class, gender, sexual orientation, ethnicity, struggles over the environment, global warming, severe climate change, the sharply unequal distribution of the earth resources (20 percent of the world's peoples own 80 percent of its resources, consume two-thirds of its food, and are responsible for 75 percent of its ongoing pollution, with this leading to two billion of End Page 260 earth's peoples living relatively affluent lives while four billion still live on the edge of hunger and immiseration, to the dynamic of overconsumption on the part of the rich techno-industrial North paralleled by that of overpopulation on the part of the dispossessed poor, still partly agrarian worlds of the South 4 )—these are all differing facets of the central ethnoclass Man vs. Human struggle. Central to this struggle also is the usually excluded and invisibilized situation of the category identified by Zygmunt Bauman as the "New Poor" (Bauman 1987). That is, as a category defined at the global level by refugee/economic migrants stranded outside the gates of the rich countries, as the postcolonial variant of Fanon's category of les damnés (Fanon 1963)—with this category in the United States coming to comprise the criminalized majority Black and dark-skinned Latino inner-city males now made to man the rapidly expanding prison-industrial complex, together with their female peers—the kicked-about Welfare Moms—with both being part of the ever-expanding global, transracial category of the homeless/the jobless, the semi-jobless, the criminalized drug-offending prison population. So that if we see this category of the damnés that is internal to (and interned within) the prison system of the United States as the analog form of a global archipelago, constituted by the Third- and Fourth-World peoples of the so-called "underdeveloped" areas of the world—most totally of all by the peoples of the continent of Africa (now stricken with AIDS, drought, and ongoing civil wars, and whose bottommost place as the most impoverished of all the earth's continents is directly paralleled by the situation of its Black Diaspora peoples, with Haiti being produced and reproduced as the most impoverished nation of the Americas)—a systemic pattern emerges. This pattern is linked to the fact that while in the post-sixties United States, as Herbert Gans noted recently, the Black population group, of all the multiple groups comprising the post-sixties social hierarchy, has once again come to be placed at the bottommost place of that hierarchy (Gans, 1999), with all incoming new nonwhite/non-Black groups, as Gans's fellow sociologist Andrew Hacker (1992) earlier pointed out, coming to claim "normal" North American identity by the putting of visible distance between themselves and the Black population group (in effect, claiming "normal" human status by distancing themselves from the group that is still made to occupy the nadir, End Page 261 "nigger" rung of being human within the terms of our present ethnoclass Man's overrepresentation of its "descriptive statement" Bateson 1969 as if it were that of the human itself), then the struggle of our times, one that has hitherto had no name, is the struggle against this overrepresentation. As a struggle whose first phase, the Argument proposes, was first put in place (if only for a brief hiatus before being coopted, reterritorialized Godzich 1986) by the multiple anticolonial social-protest movements and intellectual challenges of the period to which we give the name, "The Sixties." The further proposal here is that, although the brief hiatus during which the sixties' large-scale challenge based on multiple issues, multiple local terrains of struggles (local struggles against, to use Mignolo's felicitous phrase, a "global design" Mignolo 2000) erupted was soon to be erased, several of the issues raised then would continue to be articulated, some in sanitized forms (those pertaining to the category defined by Bauman as "the seduced"), others in more harshly intensified forms (those pertaining to Bauman's category of the "repressed" Bauman 1987). Both forms of "sanitization" would, however, function in the same manner as the lawlike effects of the post-sixties' vigorous discursive and institutional re-elaboration of the central overrepresentation, which enables the interests, reality, and well-being of the empirical human world to continue to be imperatively subordinated to those of the now globally hegemonic ethnoclass world of "Man." This, in the same way as in an earlier epoch and before what Howard Winant identifies as the "immense historical rupture" of the "Big Bang" processes that were to lead to a contemporary modernity defined by the "rise of the West" and the "subjugation of the rest of us" (Winant 1994)—before, therefore, the secularizing intellectual revolution of Renaissance humanism, followed by the decentralizing religious heresy of the Protestant Reformation and the rise of the modern state—the then world of laymen and laywomen, including the institution of the political state, as well as those of commerce and of economic production, had remained subordinated to that of the post-Gregorian Reform Church of Latin-Christian Europe (Le Goff 1983), and therefore to the "rules of the social order" and the theories "which gave them sanction" (See Konrad and Szelenyi guide-quote), as these rules were articulated by its theologians and implemented by its celibate clergy (See Le Goff guide-quote).
The role of the ballot is to challenge representations of antiblackness legitimated through a Western philosophical worldview. Their cultural framing is a prior question to their advocacy – they do not get to weigh the method. Wynter 92 - discourse and the cultural background of a theory help construct it and can’t be separated form the theory itself since they’re woven in to how it’s interpreted (by the judge for example), how it’s justified, and what political efficacy it has. They don’t get to weigh “ending the world” against the alt since their justification shape how their method works and are thus a prior question
Sylvia Wynter 92—1992 (“Beyond the Categories of the Master Conception: The Counterdoctrine of the Jamesian Poiesis,” in C.L.R. James Caribbean, eds. Paget Henry and Paul Buhle, 63-91). NS
To be effective systems of power must be discursively legitimated. This is not to say that power is originally a set of institutional structures that are subsequently legitimated. On the contrary, it is to suggest the equiprimordiality of structure and cultural conceptions in the genesis of power. These cultural conceptions, encoded in language and other signifying systems, shape the development of political structures and are also shaped by them. The cultural aspects of power are as original as the structural aspects; each serves as a code for the other's development. It is from these elementary cultural conceptions that complex legitimating discourses are constructed.
10/2/16
1 - PIC - Structural Violence
Tournament: Glenbrooks | Round: 4 | Opponent: Newark OA | Judge: Aaron Timmons Counterplan Text: We advocate the entirety of the aff plan without the use of the words “structural violence”.
The counterplan is inherently competitive. Since we defend the entirety of the aff advocacy aside from a change in certain rhetoric a perm would be severance out of both the reps and the language of the 1AC.
Definition
They misunderstand the meaning of the term “structural violence”. It is a specific term of art used in the sociological field of peace research that has been widely discredited by both critics and the terms creator.
Theories of structural violence explore how political, economic and cultural structures result in the occurrence of avoidable violence, most commonly seen as the deprivation of basic human needs (will be discussed later). Structural theorists attempt to link personal suffering with political, social and cultural choices. Johan Galtung’s original definition included a lack of human agency; that is the violence is not a direct act of any decision or action made by a particular person but a result of an unequal distribution of resources.Here, we must also understand “institutional violence”. “Institutional violence” is often mistaken for structural violence, but this is not the case. “Institutional violence” should be used to refer to violence perpetrated by institutions like companies, universities, corporations, organisations as opposed to individuals. The fact that women are paid less at an establishment than men is an act of direct violence by that specific establishment. It is true that there is a relationship with structural violence as there is between interpersonal violence and structural violence. And Structural violence is the most problematic area to be addressed for conflict transformation.
Net Benefits Reliance on the vague concept of “structural violence” recreates oppression. Subpoint A: Theories of “structural violence” distract solutions to material conditions in favor of vague criticism of poorly defined systems. Existing structures will co-opt your criticism and the process trades off with more effective reforms. 1.Structural violence obscures analysis necessary to reduce poverty and violence- this card is on fire. Boulding 77 Kenneth Boulding, Prof Univ. of Michigan and UC Boulder, Journal of Peace Research 1977; 14; 75 p. Boulding p. 83-4
Finally, we come to the great Galtung metaphors of ’structural violence’ and ’positive peace’. They are metaphors rather than models, and for that very reason are suspect. Metaphors always imply models and metaphors have much more persuasive power than models do, for models tend to be the preserve of the specialist. But when a metaphor implies a bad model it can be very dangerous, for it is both persuasive and wrong. The metaphor of structural violence I would argue falls right into this category. The metaphor is that poverty, deprivation, ill health, low expectations of life, a condition in which more than half the human race lives, is ’like’ a thug beating up the victim and taking his money away from him in the street, -or it is ’like’ a conqueror stealing the land of the people and reducing them to slavery. The implication is that poverty and its associated ills are the fault of the thug or the conqueror and the solution is to do away with thugs and conquerors. While there is some truth in the metaphor, in the modem world at least there is not very much. Violence, whether of the streets and the home, or of the guerilla, of the police, or of the armed forces, is a very different phenomenon from poverty. The processes which create and sustain poverty are not at all like the processes which create and sustain violence, although like everything else in the world, everything is somewhat related to everything else. There is a very real problem of the structures which lead to violence, but unfortunately Galtung’s metaphor of structural violence as he has used it has diverted attention from this problem. Violence in the behavioral sense, that is, somebody actually doing damage to somebody else and trying to make them worse off, is a ’threshold’ phenomenon, rather like the boiling over of a pot. The temperature under a pot can rise for a long time without its boiling over, but at some threshold boiling over will take place. The study of the structures which underlie violence are a very important and much neglected part of peace research and indeed of social science in general. Threshold phenomena like violence are difficult to study because they represent ’breaks’ in the system rather than uniformities. Violence, whether between persons or organizations, occurs when the ’strain’ on a system is too great for its ‘strength’. The metaphor here is that violence is like what happens when we break a piece of chalk. Strength and strain, however, especially in social systems, are so interwoven historically that it is very difficulty to separate them. The diminution of violence involves two possible strategies, or a mixture of the two; one is the increase in the strength of the system, the other is the diminution of the strain. The strength of systems involves habit, culture, taboos, and sanctions, all these things, which enable a system to stand Increasing strain without breaking down into violence. The strains on the system are largely dynamic in character, such as arms races, mutually stimulated hostility, changes in relative economic position or political power, which are often hard to identify. Conflict of interest are only part of the strain on a system, and not always the most important part. It is very hard for people to know their interests, and misperceptions of interests take place mainly through the dynamic processes, not through the structural ones. It is only perceptions of interest which affect people’s behavior, not the ’real’ interests, whatever these may be, and the gap between perception and reality can be very large and resistant to change. However, what Galitung calls structural violence (which has been defined by one unkind commentator as anything that Galltung doesn’t like) was originally defined as any unnecessarily low expectation of life, an that assumption that anybody who dies before the allotted span has been killed, however unintentionally and unknowingly, by somebody else. The concept has been expanded to include all the problems off poverty, destitution, deprivation, and misery. These are enormously real and are a very high priority for research and action, but they belong to systems which are only peripherally related to the structures which, produce violence. This is not to say that the cultures of violence and the cultures of poverty are not sometimes related, though not all poverty cultures are culture of violence, and certainly not all cultures of violence are poverty cultures. But the dynamics of poverty and the success or failure to rise out off ’it are of a complexity far beyond anything which the metaphor of structural violence can offer. While the metaphor of structural violence performed a ’service in calling attention to a problem, it may have done a disservice in preventing us from finding the answer.
2. Galtung’s theory of structural violence perpetuates the status quo of dominant states by offering an overly vague criticism of oppression. Lawler 89 Peter Lawler (1989) A question of values: A critique of Galtung's peace research, Interdisciplinary Peace Research: formerly Pacifica Review: Peace, Security and Global Change, 1:2, 27-55, DOI: 10.1080/14781158908412711
In the late 1960's Galtung's foundational model of peace research was subjected to considerable criticism as part of a general upheaval within the peace research community. A group of young, mostly Scandinavian, radicals employed a neo-Marxist perspective to attack the assumptions of symmetry and ideological neutrality that formed the core of Galtung's argument (Schmid 1968, 1970; Olsen and Jarvad 1969; Eckhardt 1971; Dencik 1982). Though their primary target was American conflict research and its contribution to the analysis of the Vietnam War, they questioned also Galtung's assumption that the path to peace lay in the principles of integration and cooperation. For the radicals, Galtung's approach neglected the political-economy of relations between the developed and underdeveloped worlds and in its attempt to preserve a sym- metrical approach to violent conflict was guilty of 'idealistic universal- ism'. From the perspective of the oppressed, an argument for the further integration of the international system was tantamount to defending a status quo which reflected the interests of the dominant states and the beneficiaries of the world capitalist economy. Against this, the radicals called for a peace research that openly sided with the exploited and advocated the 'sharpening' of the various latent conflicts of interests that characterised global politics.
3. Resolving “structural violence” requires action by international powers, as they are the only bodies capable of amending existing “structures”. This reliance on current institutions preserves existing structures of dominance. Schmid 68 Peace Research and Politics; Herman Schmid; Journal of Peace Research, Vol. 5, No. 3, pp. 217-232; 1968; Sage Publications; http://www.jstor.org/stable/423274
Peace research is an applied or 'oriented' science. An applied science has to be applied by somebody who has the power to apply it. In the case of peace research, this means there must be some kind of institutionalized link between peace re- searchers and decision-makers on the supranational level. Thus, the universalist ethos of peace research becomes operationalized into identification with the interests of the existing international system, that is the interests of those who have power 229 in the international system. So peace research becomes a factor supporting the status quo of the international power structure, providing the decision-makers of the system with knowledge for control, manipulation and integration of the system. That is the institutional aspect of peace research. The theoretical frame of reference dominating peace research closely cor- responds to the institutional needs: the peace researcher/specialist is trained in an ideology of internationalism; he has learned how to solve conflicts, how to integrate a system, how to avoid manifest organized violence, how to prevent major uprisings against the system; and he believes that what is good for the system is in the long run also good for its elements. His concept of peace is essentially a negative one, stressing the need for stable peace,38 and the 'common interest' he will have to fall back on is the avoidance of catastrophe. His positive concept of peace is not sui generis but a negation of his negative peace concept. The essence of peace research is concentrated in the concepts of control of the international sys- tem to prevent major breakdowns, and integration of the international system to make it more stable. That is the ideological aspect of peace research. The institutional and the ideological aspects presuppose and condition each other. To become applied, peace research must meet the needs of the decision- makers. To satisfy their concern about stable peace, peace researchers must ally themselves with the decision-makers of the international system. Given this situation, change of the system can not be advocated by peace research. Structural change would be a threat to the power-holders of the international system. Only adaptive change within the system is possible.
4. Theories of structural violence offer a one-sided mechanism of achieving equality in which instead of aiding the poor we focus primarily on bringing down the rich, resulting in a system that is technically equal but objectively destitute. Boulding 77 Twelve Friendly Quarrels with Johan Galtung; Kenneth E. Boulding; Journal of Peace Research, Vol. 14, No. 1 (1977), pp. 75-86; Sage Publications, Ltd; http://www.jstor.org/stable/423312
Because of his passion for equality, his hatred of hierarchy, dominance, top dogs, and anything which looks like oppression (much of which is praiseworthy), Galtung identifies entropy as a symbol of goodness and regards negentropy, that is, structure, improbability, and potential, as evil. Galt- ung is all for the increase of social entropy so far as that means destruction of organi- zation and hierarchy, the dissipation of wealth, 'and the reduction of everything to a dead level. It would almost seem as if Galtung would regard the last ultimate whimper of the universe, according to the second law of thermodynamics, in which all things are at an equal temperature and equally distributed throughout space so that nothing more can 'conceivably happen, as the ultimate heaven, or perhaps one should say Nirvana, towards which all this uncom- fortable and unequal structure of stars and planets, life and society, will eventually move. Here we see the profound difference be- tween the structural and the evolutionary points of view. The structural point of view turns out to be inimical to the ideal of struc- ture itself, and sees structure as the enemy of equality - which it is. The evolutionary point of view sees the whole evolutionary process as the segregation of entropy, the building up of little castles of order in the crystal, in DNA, in life, in humans, and in their innumerable artifacts both personal, material and organizational, always at the cost, according to the second law, of increas- ing thermodynamic disorder elsewhere, in our case of course nicely segregated in the sun about which we don't have to worry. The structuralist sees pollution in the struc- ture whether it is smoke, slums or vice and says 'away with it. The evolutionist sees pollution as part of the price of evolution itself. Gal'tung's misunderstandings about entro- py derive, one suspects, from the cardinal principle of his normative system, the over- whelmingly strong value which he gives to equality as such. One almost suspect's that Galtung would prefer a society in which everybody were equally destitute rather than one in which some were destitute and 'some were rich. A passion for equality as such, however, can easily lead into the hatred of the rich without any love for the poor. One can put a very strong negative value on poverty and believe it should be abolished wi'thout believing in equality at all. This would lead to a society with a floor below which nobody were allowed to fall, but above which a high degree of inequality would be tolerable. Galtung nowhere spells out what his ideal society would be, and in- deed if any of us did this we would probably decide that we did not like it af'ter all! But the drive for equality as such is extremely strong in all his writings.
Subpoint B: Attempts to resolve “structural violence” inevitably result in the perpetuation of physical violence that shuts off democratic channels for minority representation.
The concept of structural violence shuts down democratic debate and justifies violent lash outs to combat inequality. Maley 88 William Maley, Professor and Director of the Asia-Pacific College of Diplomacy at The Australian National University , Australian Journal of International Affairs 42, 1988 The deployment of a notion of positive peace has been a far from innocuous development in peace research. A comprehensive theory of needs, where needs are not defined simply as necessary means to an agreed end, can be the basis for a suppression of both democratic and liberal aspirations. Democracy and Liberty are both concerned with personal desires, the former in the sphere of the polity, and the latter in the sphere of the individual. Needs theory subjugates both the individual and the polity to the abstract ideology of the needs theorist. When Maxim Litvinov remarked in Geneva in the 1930s that peace is indivisible, he was referring to the negative sense of the term. 'Negative peace' is one of the few social values in whose name crimes can be committed only at the cost of self-contradiction. However, if 'negative peace' must be associated with 'positive peace' to give rise to peace in totality, then peace is no longer indivisible —since direct violence may be defended as a means of eliminating `structural violence'. This defence is a familiar one, resembling the classic liberal justification for rebellion, and even in certain circumstances intervention. Christian Bay has argued that structural violence `may be so extreme that a limited war must be deemed a lesser evil, if there is no other way to end or mitigate the structural violence, and if the war is sure to remain limited and brief in duration.'" This blithe assumption — that there could ever be circumstances in which one could be absolutely sure that a war would remain limited and brief in duration — is a splendid illustration of Bay's detachment from the real world. Nonetheless, the greatest danger in his claim stems from the extraordinary elasticity of the notion of structural violence. This is best brought out by the Danish peace researcher Lars Dencik, although using slightly different terminology. He defines conflicts as `incompatible interests', and goes on to remark that 'incompatible interests are here defined objectively, i.e. by the observing scientist according to his theory and is sic independent of the actual subjective consciousness of the actors involved. This means that incompatible interests are conceived of as structural (actor indepen-dent), the structure defined according to the theory of the scientist.'" He draws the predictable conclusion that 'in certain situations "revolutionary violence" may be the necessary means to obtain conflict resolution proper'." This is irresistibly reminiscent of the conclusion of Georges Sorel's Reflections on Violence, that it is `to violence that Socialism owes those high ethical values by means of which it brings salvation to the modern world'20, and it is instructive, though for peace educators perhaps not very comforting, to recall that Sorel's ideas eventually were used in justification of Italian Fascism." (p. 30)
2. Democratic deliberation is key to avoid massive violence. Halperin 11 (Morton H., Senior Advisor – Open Society Institute and Senior Vice President of the Center for American Progress, “Unconventional Wisdom – Democracy is Still Worth Fighting For”, Foreign Policy, January / February, http://www.foreignpolicy.com/articles/2011/01/02/unconventional_wisdom?page=0,11)
As the United States struggles to wind down two wars and recover from a humbling financial crisis, realism is enjoying a renaissance. Afghanistan and Iraq bear scant resemblance to the democracies we were promised. The Treasury is broke. And America has a president, Barack Obama, who once compared his foreign-policy philosophy to the realism of theologian Reinhold Niebuhr: "There's serious evil in the world, and hardship and pain," Obama said during his 2008 campaign. "And we should be humble and modest in our belief we can eliminate those things." But one can take such words of wisdom to the extreme-as realists like former Secretary of State Henry Kissinger and writer Robert Kaplan sometimes do, arguing that the United States can't afford the risks inherent in supporting democracy and human rights around the world. Others, such as cultural historian Jacques Barzun, go even further, saying that America can't export democracy at all, "because it is not an ideology but a wayward historical development." Taken too far, such realist absolutism can be just as dangerous, and wrong, as neoconservative hubris. For there is one thing the neocons get right: As I argue in The Democracy Advantage, democratic governments are more likely than autocratic regimes to engage in conduct that advances U.S. interests and avoids situations that pose a threat to peace and security. Democratic states are more likely to develop and to avoid famines and economic collapse. They are also less likely to become failed states or suffer a civil war. Democratic states are also more likely to cooperate in dealing with security issues, such as terrorism and proliferation of weapons of mass destruction. As the bloody aftermath of the Iraq invasion painfully shows, democracy cannot be imposed from the outside by force or coercion. It must come from the people of a nation working to get on the path of democracy and then adopting the policies necessary to remain on that path. But we should be careful about overlearning the lessons of Iraq. In fact, the outside world can make an enormous difference in whether such efforts succeed. There are numerous examples-starting with Spain and Portugal and spreading to Eastern Europe, Latin America, and Asia-in which the struggle to establish democracy and advance human rights received critical support from multilateral bodies, including the United Nations, as well as from regional organizations, democratic governments, and private groups. It is very much in America's interest to provide such assistance now to new democracies, such as Indonesia, Liberia, and Nepal, and to stand with those advocating democracy in countries such as Belarus, Burma, and China. It will still be true that the United States will sometimes need to work with a nondemocratic regime to secure an immediate objective, such as use of a military base to support the U.S. mission in Afghanistan, or in the case of Russia, to sign an arms-control treaty. None of that, however, should come at the expense of speaking out in support of those struggling for their rights. Nor should we doubt that America would be more secure if they succeed.
3. Combatting “structural violence” justifies reactionary violence against a system that is poorly defined. This makes conflict inevitable and trades-off with peaceful reform. Quester George H. Quester is chair of the Department of Government and Politics at the University of Maryland, ANNALS, AAPSS, 504, July 1989 A third major problem to be raised about some forms of peace research and peace studies, again related to what we have al- ready discussed, arises in the tendency to define peace as much more than an absence of the organized violence of warfare, to define it indeed as the elimination also of poverty and injustice and of prejudice and tyranny, and so on-namely, to define peace simply as a synonym for what is good, for what an economist would call utility. Sometimes we are thus told that an op- position to violence must include an oppo- sition to "structural violence,"7 with the latter phrase presumably meaning any or- ganizational or power relationships that vi- olate the moral standards of the beholder, or we are also told that we must be in favor of "positive peace," which will include all of these good things, accomplished some- how simultaneously, rather than being con- tent with a "negative peace," limited merely to an absence of warfare. Surely there is a great deal that is lost from all of these definitional innovations, but what is there to be gained? If someone assumed, as noted previously, that con- sciousnesses somehow have to be raised, then it may well seem important. as an educational and motivational vehicle, to insist that peace includes an end to poverty or racism. If one assumes that there can never be an avoidance of war unless one simultaneously has an avoidance of pov-erty or racism or other social evils, then this causal link will also suggest a definitional link. But, if there is indeed no such one-to- one link in causal relationships and if mo- tivation is not the entirety of the problem of war and peace, then we surely will have thrown away a great deal of clarity if we insist on calling everything bad "war" or "violence" and if we insist on referring to everything we favor as "peace." This would be a little like telling the American Cancer Society that every disease now has to be referred to as "cancer," including heart disease and cholera and meningitis. Can medicine make any progress at all if it is not allowed to use different words for different ailments? Is it really true that to use different words for war and dictator- ship and poverty is to weaken our motiva- tion or to accept the inevitability of some evils or actually to favor the existence of such evils? If one goes far enough in accepting the definitional innovations produced by some peace studies curricula, it becomes possi- ble then to define violent attacks as peace- ful, as long as they are intended to eliminate racism or injustice, because these attacks are to oppose "structural violence." At the worst, this kind of redefinition is deliberately misleading, as war and vio- lence are defined as being inappropriate for any cause except one's own. At a less du- plicitous level, we simply have some need- less confusion brought into the process, by some relatively honest and well-meaning people.
Subpoint C: The term “structural violence” is insufficient for diagnosing the reality of oppression. It is not a method for liberation, just an ivory tower theory.
The term “structural violence” is incredibly vague. It can refer to any form of exploitation. Leech 12 Galtung’s ‘Structural Violence’ and the Sierra Leone Civil War c.1985-1992; Dr. Philip JM Leech lecturer in International Relations at Plymouth University where he teaches International Relations of the Middle East; October 12, 2012; https://whereshouldthebirdsfly.wordpress.com/2012/10/12/galtungs-structural-violence-and-the-sierra-leone-civil-war-c-1985-1992/ The critical element or link in the chain of this ‘causal flow’ (200 Galtung, 1996) is structural violence. It is the process that links cultural distinction to Direct Violence. Structural violence is an ostensive label that may be applied to a broad range of phenomena. What Galtung notes as definitive is that Structural violence is the process of deprivation of needs. Each part of the violence equation depends on the existence of the other two before the violent conflict become truly serious and sustained (197-200 Galtung, 1996). It need not be consistent or radical . Simply put, it is violence embodied by a structure, or violence that ‘operates regardless of intent’ (93 Galtung, 1996). It is characterized politically as repression, and economically by exploitation. However, Galtung notes that ‘blunt repression/exploitation is necessary but not sufficient’ (93 Galtung, 1996). In fact the nature of structural violence is somewhat vague in that it allows the quantity and the qualitative nature of aggression and dominance to be variable (201 Galtung, 1996).
2. John Galtung, the creator of the concept of “structural violence”, admitted that his theory couldn’t be applied objectively. We cannot even assess what “structural violence” is. Lawler 89 Peter Lawler (1989) A question of values: A critique of Galtung's peace research, Interdisciplinary Peace Research: formerly Pacifica Review: Peace, Security and Global Change, 1:2, 27-55, DOI: 10.1080/14781158908412711
For Galtung sociology was undoubtedly a science. In contrast to the formal sciences of logic and mathematics, sociology was a 'factual' science, which in terms of scientific rigour occupied a middle position between physics and the 'humanistic sciences' (Galtung 1958d, p.88). His account of the virtues of applying science to the study of the social world was, nonetheless, ambiguous. Galtung (1958d) recognised that the object-domain of the social sciences made the application of scientific method difficult and perhaps impossible if overly high standards were applied. Consequently he argued that the primary purpose of social science was to generate descriptive empirical statements which would have to be sub-jected to some form of testing procedure (1958b). Theory-building could follow but was not essential to the claim for scientific status (Galtung1959b, p. 10). Galtung also admitted that significant problems existed regarding the scientific assessment of theoretical statements about the social world, but in a manner characteristic of his subsequent work appealed to the future development of suitable analytical tools. Though his discussion of the question of value-freedom was often ambiguous in his early sociological papers, Galtung informed his stu-dents that value-statements were not testable and therefore unscientific(1958d, p.92). Though Galtung recognised that values impinged upon the conduct of social science in a variety of ways — inter alia, the deter-mination of investigative focus, the exclusion of undesired results and the procurement of financial support — the problem was consistently presented as one of degree and not destructive of a genuinely scientific sociology (1958b).
3. “Structural violence” rejects holding any specific group or class responsible for exploitation in favor of a vacuous criticism of a “system” that it never fully identifies. Lawler 89 Peter Lawler (1989) A question of values: A critique of Galtung's peace research, Interdisciplinary Peace Research: formerly Pacifica Review: Peace, Security and Global Change, 1:2, 27-55, DOI: 10.1080/14781158908412711
Galtung also rejected the implication of the radical critique that specific groups or social classes were responsible for exploitation. The term 'exploitation' was refused by him on the grounds that it was politically and emotionally overloaded. The continuing influence of his sociological orientation was evident in the preference for offering a definition of violence as an abstract systemic property that can be comprehended without reference to specific historical conjunctures or agents. But Gal- tung's approach also reflected the influence of Gandhi, from whom was taken the view that a distinction should be made between status actions and status holders (1959c, 1980). It is the structure of social interaction within which agents of violence act that is to be attacked, rather than the agents themselves. To attack the agents is to meet one form of violence with another. True dedication to the doctrine of ahimsa required 'the return of good for evil' and a distinction between the doer and the deed (Galtung 1959c; Borman 1986). However Gandhian ethics arose out of a complex matrix of occidental and oriental philosophical principles never fully explicated by even Gandhi himself (Sharma 1965; Borman 1986). Galtung restricted his treatment of Gandhi's thought to the draw- ing out of some practical implications. Though he was to later complain of the failure of his critics to see the imprint of Gandhi on his work, this is hardly surprising since few clues were provided. The fundamental problem with the concept of structural violence was that it was vacuous without a substantiation of the value-system on which it depended. The denial of potentiality by structural violence, presupposed some notion of human potential. As one critic noted, without a clear analysis of the values underpinning it, the concept was reduced to a label to be applied to anything its author did not like (Eide 1971)
4. “Structural violence” cannot explain social changes or the exact origins of violence beyond the fact that it simply exists. Lawler 89 Peter Lawler (1989) A question of values: A critique of Galtung's peace research, Interdisciplinary Peace Research: formerly Pacifica Review: Peace, Security and Global Change, 1:2, 27-55, DOI: 10.1080/14781158908412711
In his sociological writings Galtung provided no analysis or defence of any specific values, other than to claim that they were empirically held, or to assert that values should be revised in reflection of systemic changes. What was missing was a sense of the politics of social change. Even if consensus could be established as to the direction in which a social system is moving, it is a different matter to evaluate such change. Furth-ermore, how are we to choose between competing and non-commensurable understandings of systemic 'health'? The only answer implicit in Galtung's discussion was that empirical evidence must be produced to show which set of values accorded best with the social system under scrutiny. That brings us back full-circle to the value-contamination of observation and the impact of the political perspective that conditions our analysis of social systems. Functionalism can be wedded to any political ideology, but being a descriptive rather than analytical discourse it cannot provide that ideology. Though aware of the problem of defending values outside of a dis-tinctly normative discourse, Galtung was not apparently perturbed by it. In his discussion of functionalism (1959a) he claimed that there were' fairly inter-subjectively communicable and consensual standards' such as 'sane', 'healthy' or 'normal', against which social systems could be judged. For Galtung, to describe a system as 'healthy' was not a value-judgement, in contrast to the claim that 'healthy is good'. Leaving aside the question as to whether the distinction holds or if 'fairly consensual 'constitutes a scientific category, it became clear that when Galtung turned to peace research the evaluative standard of 'peace' was to be sim-ilarly derived and understood. In its Galtungian mould, peace research was differentiated from earlier forms of normative enquiry into global social relations by the absence of any distinctly normative discourse.
5. Galtung’s theory of structural violence is entirely theoretical. It makes massive leaps in logic and cannot even quantify the violence people suffer. Rummel UNDERSTANDING CONFLICT AND WAR: VOL. 5: THE JUST PEACE, Chapter 3, Alternative Concepts Of Peace*; R.J. Rummel; https://www.hawaii.edu/powerkills/TJP.CHAP3.HTM
Structural violence appears, for Galtung, when resources, or especially the power to allocate them, are unevenly distributed: when people are starving and this could be avoided; when life expectancy is much greater in the upper class; when a small elite control the entry into high status. Here, without any prior ethical analysis or normative preparation,110 Galtung makes his first intellectual broad jump from the analytical-empirical plane to the ethical, but in a most cavalier manner: "In order not to overwork the word violence we shall sometimes refer to the condition of structural violence as social injustice."111¶ Then Galtung presents his final two distinctions (dimensions) regarding violence: it may be intended or unintended, or manifest or latent. With these and the other distinctions mentioned, Galtung defines a "typology of violence" in which the personal-structural distinctions are basic. In focusing on the means of personal and structural violence Galtung makes his second broad jump, but now back from the ethical to the analytical-empirical plane--again without analysis and as offhanded: "If we accept that the general formula behind structural violence is inequality, above all in the distribution of power, then this can be measured."112¶ D. His Concept of "Positive Peace." The above serves as an introduction to six factors maintaining inequalitarian distributions--that is, "mechanisms of structural violence"113--which are of no concern here. Nor need we tarry over Galtung's discussion of the relationship between personal and structural violence, and the trade-offs in emphasizing a system that is higher on one than another. But what I should mention is his conclusion on the definition of peace: ¶ E. His Political Theory. Thus, structural violence = unactualized human potentials = social injustice = inequality. Therefore, positive peace = equality = social justice = realized human potentials = absence of structural violence. This equation is stipulated; analysis to support the critical relationships are lacking; and the definitional and substantive problems in the formulation are glaring. One should understand, however, that the critical relationships and definitions are entirely theoretical. Even violence, usually an easily measured empirical concept of physical harm and destruction, is converted into a construct meaning unactualized human potential, then equated in theory with injustice and, thence, equality--each of them constructs.
11/20/16
1 - T Framework
Tournament: Grapevine | Round: Quarters | Opponent: Collegiate EW | Judge: Sullivan, Tyler McConway, Cameron Agarwala, Varad 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 as a framework argument to justify a topical plan, there’s no reason voting off it is key.
Insert topic definitions
Violation:
They defend which isn’t the topic.
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. 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, like , 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. C. 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 in the topic. D. 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.
2. Procedural Fairness - Non topical advocacies mean they can defend anything outside the resolution which is unpredictable, and also defend uncontestable offense like _. 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.
3. We solve all their offense -
A. Arguments don’t injure people, but policies do—voting aff on this is censorship because it says we can’t even introduce ideas without harming them. Anderson 06
Amanda Anderson 6, Andrew W. Mellon Professor of Humanities and English at Brown University, Spring 2006, “Reply to My Critic(s),” Criticism, Vol. 48, No. 2, p. 281-290
Probyns piece is a mixture of affective fallacy, argument by authority, and bald ad hominem. There's a pattern here: precisely the tendency to personalize argument and to foreground what Wendy Brown has called "states of injury." Probyn says, for example, that she "felt ostracized by the books content and style." Ostracized? Argument here is seen as directly harming persons, and this is precisely the state of affairs to which I object. Argument is not injurious to persons. Policies are injurious to persons and institutionalized practices can alienate and exclude. But argument itself is not directly harmful; once one says it is, one is very close to a logic of censorship. The most productive thing to do in an open academic culture (and in societies that aspire to freedom and democracy) when you encounter a book or an argument that you disagree with is to produce a response or a book that states your disagreement. But to assert that the book itself directly harms you is tantamount to saying that you do not believe in argument or in the free exchange of ideas, that your claim to injury somehow damns your opponent's ideas. When Probyn isn't symptomatic, she's just downright sloppy. One could work to build up the substance of points that she throws out the car window as she screeches on to her next destination, but life is short, and those with considered objections to liberalism and proceduralism would not be particularly well served by the exercise. As far as I can tell, Probyn thinks my discussion of universalism is of limited relevance (though far more appealing when put, by others, in more comfortingly equivocating terms), but she's certain my critique of appeals to identity is simply not able to accommodate the importance of identity in social and political life. As I make clear throughout the book, and particularly in my discussion of the headscarf debate in France, identity is likely to be at the center of key arguments about life in plural democracies; my point is not that identity is not relevant, but simply that it should not be used to trump or stifle argument. In closing, I'd like to speak briefly to the question of proceduralism's relevance to democratic vitality. One important way of extending the proceduralist arguments put forth by Habeimas is to work on how institutions and practices might better promote participation in democratic life. The apathy and nonparticipation plaguing democratic institutions in the United States is a serious problem, and can be separated from the more romantic theoretical investments in a refusal to accept the terms of what counts as argument, or in assertions of inassimilable difference. With respect to the latter, which is often glorified precisely as the moment when politics or democracy is truly occurring, I would say, on the contrary democracy is not happening then-rather, the limits or deficiencies of an actually existing democracy are making themselves felt. Acknowledging struggle, conflict, and exclusion is vital to democracy, but insisting that exclusion is not so much a persistent challenge for modern liberal democracies but rather inherent to the modern liberal-democratic political form as such seems to me precisely to remain stalled in a romantic critique of Enlightenment. It all comes down to a question of whether one wants to work with the ideals of democracy or see them as essentially normative in a negative sense: this has been the legacy of a certain critique of Enlightenment, and it is astonishingly persistent in the left quarters in the academy. One hears it clearly when Robbins makes confident reference to liberalisms tendency to ignore "the founding acts of violence on which a social order is based." One encounters it in the current vogue for the work of Giorgio Agamben and Carl Schmitt. Saying that a state of exception defines modernity or is internal to the law itself may help to sharpen your diagnoses of certain historical conditions, but if absolutized as it is in these accounts, it gives you nothing but a negative diagnostic and a compensatory flight to a realm entirely other-the kind of mystical, Utopian impulse that flees from these conditions rather than confronts and fights them on terms that derive from the settled-if constantly evolving-normative basis of democratic modernity. If one is outraged by the flagrant disregard of democratic procedures in the current U.S. political regime, then one needs to be able to coherently say why democratic procedures matter, what principles underwrite them, and what historical movements and institutions have helped us to secure and support them. Argument as a critical practice and as a key component of democratic institutions and public debate has a vital role to play in such a task.
B. T version of the AFF
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.
10/2/16
JanFeb - K - Cap
Tournament: Harvard-Westlake RR | Round: 1 | Opponent: Loyola DW | Judge: Varad and Rodrigo Neoliberalism is a mafia protection racket – it defunds schools of private funding and makes them come to corporations for funding. This logic structures what speech and knowledge are free in the first place. The aff misdiagnoses the problem and lets neoliberalism slip through the cracks. Bagakis 11/15/16
Gus Bagakis retired philosophy instructor at San Francisco State University and author of "Seeing Through The System: The Invisible Class Struggle in America," October 15, 2016 “Neoliberalism's Decades-Long Attack on Public Universities”
One aspect of the project of neoliberalism was to reshape the population's understanding of the purpose of public institutions, such as schools and universities, to fit the corporate model. This transformation was part of a larger cultural shift that began in the '70s and '80s, when policy-makers started to see higher education more as a private (rather than public) good.¶ The plan to transform the higher education system to meet the needs of neoliberalism can be most clearly seen in a memo sent by Lewis Powell, a future member of the Supreme Court, to the US Chamber of Commerce in 1971. The memo was a response to some setbacks that befell the business community, ranging from government regulations on the environment to occupational safety and consumer protection laws. The memo presented a framework for the conservative reaction.¶ Powell stated:¶ One of the bewildering paradoxes of our time is the extent to which the enterprise system tolerates, if not participates in, its own destruction.¶ The campuses from which much of the criticism emanates are supported by tax funds generated largely from American business, and (ii) contributions from capital funds controlled or generated by American business. The boards of trustees of our universities overwhelmingly are composed of men and women who are leaders in the system.¶ Further, he argued that¶ ... it is essential that spokesmen for the enterprise system -- at all levels and at every opportunity -- be far more aggressive than in the past ... There should be no hesitation to attack the Naders, the Marcuses and others who openly seek destruction of the system. There should not be the slightest hesitation to press vigorously in all political arenas for support of the enterprise system. Nor should there be reluctance to penalize politically those who oppose it.¶ The Powell memo's plan was to: a) defund public higher education; b) then "save" the universities with ideologically focused corporate funding friendly to "free enterprise;" c) turn universities into corporations; and d) turn the students into consumers who became educated labor products.¶ Neoliberal Plan for Defunding Universities ¶ States provide much of the funds for higher education but need to balance their budgets. So when tax revenues fall, higher education suffers, since it is a lower priority than Medicare, prisons and K-12 education. In addition, large corporations often pay little or no state income tax in states where they have large operations. In a 2011 report, the Center on Budget and Policy Priorities concluded that at least 46 states have imposed cuts in the funding of higher education.¶ The American Legislative Exchange Council (ALEC) -- a nationwide association of state legislators and corporations -- best expressed the neoliberal perspective. It successfully lobbied both the states and the federal government to reduce corporate taxes and, in effect, deprive public universities of the state and federal funds they needed.¶ In an Americans for Tax Fairness fact sheet on corporate tax rates, we can see that:¶ The corporate share of federal tax revenue has dropped by two-thirds in 60 years.¶ General Electric, Boeing, Verizon and 23 other profitable Fortune 500 firms paid no federal income taxes.¶ US corporations dodge $90 billion a year in income taxes.¶ US corporations officially hold $2.1 trillion in profits offshore.¶ Tax avoidance, plus lobbying that reduced corporate taxes, diminished the revenue for social programs, especially education. This reduced funding was coordinated with a public relations campaign claiming that public schools were failing, and that they should be privatized and would be improved if they were turned into profit-making ventures. The project is already running for K-12 education with the charter school movement, and now it's being used in higher education, as federal and state governments have gradually reduced funding.¶ The least discussed reason for reduced state revenue for social programs is our ever-growing defense budget. The Pentagon spends more on war than all 50 states combined spend on health, education, welfare and safety. Even prior to the arrival of neoliberalism, military adventures drained money from the social budget. In 1935, Gen. Smedley Butler wrote a book titled, War Is a Racket, in which he exposed greedy profit-making corporations as instigators of imperialism and war. In 1961, President Eisenhower warned of the military industrial complex as a hidden force in US politics. But the military budget is higher today than at any point since the Eisenhower administration.¶ We now have a new neoliberal-inspired military industrial complex consisting of companies, agencies, militarized policing, hidden budgets, a "deep state," private mercenaries and lobbyists that make Eisenhower's warning mild by comparison. Our budget priorities keep the country on a war footing, and our economy allows for military and homeland departments to be virtually untouchable. The current excuse for funds is "terrorism," but under neoliberalism, the actual purpose is to control the world's resources for American capitalism and to stop other countries from competing with us. As Colonel Wilkerson, echoing general Butler, stated recently: "We've privatized the ultimate public function: war ... In many respects it is now private interests that benefit most from our use of military force." A few universities are beneficiaries of war spending through their research for the war machine, but most are losers due to the financial and educational effects of the loss of funding, while the war machine grows.¶ "Saving" Defunded Universities With Corporate Funding¶ A partial replacement for the loss of public funds comes from corporate and philanthropic "gifts" and industry contracts for universities. Groups of conservative millionaires like the Koch brothers have created institutions to push the corporate agenda. They have infiltrated universities and introduced the neoliberal worldview through think tanks and programs designed to give "assistance" to those institutions that would accept their money and programs. These groups, with the combined help of the corporate controlled press and a sophisticated public relations campaign, eased the transition to the corporatization of universities.¶ Turning Universities Into Corporations¶ A 2014 Institute for Policy Studies report finds that the outcome of treating education as a commodity has led to universities mimicking business models. Presidents, chief executives and a layer of bureaucrats earning excessive salaries were established, while the earnings of the faculty declined, largely because tenured and tenure-track faculty were replaced by adjuncts (part-time faculty) and temporary faculty. Instead of giving primary focus to education, scholarship and research, colleges and universities began marketing themselves as products worth purchasing by the consumer. Science and humanities faculty were encouraged to become entrepreneurs and seek ways to profit directly from their intellectual and technical pursuits.¶ Mark Yudof, former president of the University of California, conceded that the university needed to stop viewing itself as a public institution and consider itself a "hybrid" university, bridging the divide between private and public institutions. In a time of scarce resources, privatization has emerged as a potential replacement for the historic model of community support of public universities. The danger is that when corporations fund universities, they get influence over studies and analysis produced by universities, as well as influence over the perspectives and career paths of large numbers of students. They also get use of vast resources for private gain and tax breaks associated with making donations.¶ Students as Consumers and Educated Labor Products¶ Fifty years ago, students often pursued their favorite high school subjects in college, assuming that the degree itself would guarantee a job. Not so today, as living expenses and tuition have risen. Students and their families paying the bill see themselves more as consumers of a commodity rather than engaging in a learning process. Because there is no guarantee of a good job after graduation, universities increasingly connect learning with the skills needed for the hard-to-enter job force. Education more and more becomes job training, and students become educated labor products.¶ By ensuring the need for outside sources of funding, neoliberalism set the context that led to the growth of tuition. When the federal government opened its student loan service to profit-making corporations, profit dominated. The privatized loan industry, through predatory lending schemes, offered loans to all students -- even to those who sometimes could not afford them. Their profit motive, combined with the laws passed by a highly lobbied Congress, eventually made the $1.3 trillion student debt the worst kind of debt for students, but the best for banks and debt collectors. Currently, all involved in the student loan industry make money from student debt: banks, private investors and even the federal government. This action has led to the rise of for-profit colleges whose goal was often to exploit the poor who couldn't afford to enter higher education in the first place. And finally, as Kenneth Saltman pointed out, "Shifting the costs of higher education onto students represents a kind of debt spending by youth to fund the military and corporations."¶ Resisting Neoliberalism¶ Even though neoliberalism is in decline due to the 2008 depression and weak recovery, its values and accomplishments have staying power. By using rhetoric like "individual freedom," "liberty," "personal responsibility," "privatization" and the "free market," it was able to undo much of the New Deal and restore corporate power, and in the case of higher education, be responsible for the rise in tuitions and decline in educational quality.¶ The neoliberal plan for public universities is to defund, then refund with strings attached, corporatize them into profit-makers, and turn the students into educated labor products that would fit into the economy. Its effects are most clearly expressed by Grover Norquist's quote about government: "I don't want to abolish government. I simply want to reduce it to the size where I can drag it into the bathroom and drown it in the bathtub." Neoliberalism doesn't want to abolish universities; it simply wants to turn them into profitable corporations that will maintain and promote the neoliberal version of capitalism.
Free speech is an illusion propagated by corporatists – their model of rights assumes an equal playing field analogous to free market economists view of capital. The promotion of free speech perpetuates the idea that speech is a commodity, which strengthens neoliberalism’s hold on the academy. Brown 15 Brown, Wendy. Undoing the demos: Neoliberalism's stealth revolution. MIT Press, 2015. At times, kennedy raises the pitch in Citizens United to depict limits on corporate funding of PAC ads as “an outright ban on speech”;19 at other times, he casts them merely as inappropriate government inter- vention and bureaucratic weightiness.20 But beneath all the hyperbole about government’s chilling of corporate speech is a crucial rhetorical move: the figuring of speech as analogous to capital in “the political marketplace.” on the one hand, government intervention is featured throughout the opinion as harmful to the marketplace of ideas that speech generates.21 Government restrictions damage freedom of speech just as they damage all freedoms. on the other hand, the unfettered accumulation and circulation of speech is cast as an unqual- ified good, essential to “the right of citizens to inquire...hear... speak...and use information to reach consensus itself a precondi- tion to enlightened self-government and a necessary means to protect it.”22 not merely corporate rights, then, but democracy as a whole is at stake in the move to deregulate speech. Importantly, however, democ- racy is here conceived as a marketplace whose goods—ideas, opinions, and ultimately, votes—are generated by speech, just as the economic market features goods generated by capital. In other words, at the very moment that Justice kennedy deems disproportionate wealth irrele- vant to the equal rights exercised in this marketplace and the utili- tarian maximization these rights generate, speech itself acquires the status of capital, and a premium is placed on its unrestricted sources and unimpeded flow.¶ What is significant about rendering speech as capital? economiza- tion of the political occurs not through the mere application of market principles to nonmarket fields, but through the conversion of political processes, subjects, categories, and principles to economic ones. This is the conversion that occurs on every page of the kennedy opinion. If everything in the world is a market, and neoliberal markets con- sist only of competing capitals large and small, and speech is the capital of the electoral market, then speech will necessarily share cap- ital’s attributes: it appreciates through calculated investment, and it advances the position of its bearer or owner. Put the other way around, once speech is rendered as the capital of the electoral marketplace, it is appropriately unrestricted and unregulated, fungible across actors and venues, and existing solely for the advancement or enhancement of its bearer’s interests. The classic associations of political speech with freedom, conscience, deliberation, and persuasion are nowhere in sight.¶ How, precisely, is speech capital in the kennedy opinion? How does it come to be figured in economic terms where its regulation or restriction appears as bad for its particular marketplace and where its monopolization by corporations appears as that which is good for all? The transmogrification of speech into capital occurs on a number of levels in kennedy’s account. First, speech is like capital in its tendency to proliferate and circu- late, to push past barriers, to circumvent laws and other restrictions, indeed, to spite efforts at intervention or suppression.23 speech is thus rendered as a force both natural and good, one that can be wrongly impeded and encumbered, but never quashed.¶ second, persons are not merely producers, but consumers of speech, and government interference is a menace—wrong in prin- ciple and harmful in effect—at both ends. The marketplace of ideas, kennedy repeats tirelessly, is what decides the value of speech claims. every citizen must judge the content of speech for himself or herself; it cannot be a matter for government determination, just as govern- ment should not usurp other consumer choices.24 In this discussion, kennedy makes no mention of shared deliberation or judgment in politics or of voices that are unfunded and relatively powerless. He is focused on the wrong of government “commanding where a per- son may get his or her information or what distrusted source he or she may not hear, using censorship to control thought.”25 If speech generates goods consumed according to individual choice, govern- ment distorts this market by “banning the political speech of millions of associations of citizens” (that is, corporations) and by paternal- istically limiting what consumers may know or consider. Again, if speech is the capital of the political marketplace, then we are polit- ically free when it circulates freely. And it circulates freely only when corporations are not restricted in what speech they may fund or promulgate.¶ Third, kennedy casts speech not as a medium for expression or dialogue, but rather as innovative and productive, just as capital is. There is “a creative dynamic inherent in the concept of free expres- sion” that intersects in a lively way with “rapid changes in technol- ogy” to generate the public good.26 This aspect of speech, kennedy argues, specifically “counsels against upholding a law that restricts political speech in certain media or by certain speakers.”27 Again, the dynamism, innovativeness, and generativity of speech, like that of all capital, is dampened by government intervention.¶ Fourth, and perhaps most important in establishing speech as the capital of the electoral marketplace, kennedy sets the power of speech and the power of government in direct and zero-sum-game opposition to one another. Repeatedly across the lengthy opinion for the majority, he identifies speech with freedom and government with control, cen- sorship, paternalism, and repression.28 When free speech and govern- ment meet, it is to contest one another: the right of speech enshrined in the First Amendment, he argues, is “premised on mistrust of gov- ernmental power” and is “an essential mechanism of democracy because it is the means to hold officials accountable to the people.”29 Here are other variations on this theme in the opinion:¶ The First Amendment was certainly not understood by the framers to condone the suppression of political speech in society’s most salient media. It was understood as a response to the repression of speech.30¶ When Government seeks to use its full power, including criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought.... The First Amendment confirms the freedom to think for ourselves.31 This reading of the First Amendment and of the purpose of political speech positions government and speech as warring forces parallel to those of government and capital in a neoliberal economy.
This turns the case – the commodification of speech reflects the capitalist illusion of freedom. It makes speech meaningless and kills value to life. Smith ‘14 R.C. Smith April 24, 2014 “POWER, CAPITAL and THE RISE OF THE MASS SURVEILLANCE STATE: ON THE ABSENCE OF DEMOCRACY, ETHICS, DISENCHANTMENT and CRITICAL THEORY” Heathwood Institute and Press http://www.heathwoodpress.com/power-capital-the-rise-of-the-mass-surveillance-state-on-the-absence-of-democracy-ethics-disenchantment-critical-theory/ JJN from file One pressing issue, moreover, is that majority of the popular movements that have emerged in response to the Snowden leaks appear to be reformist in character. As a result, the discourse isn’t so much about fundamental system change; rather it becomes crafted into making mass surveillance less repulsive and more socially acceptable, even marketable. (Consider, for instance, the latest reforms proposed by President Barack Obama). For Adorno, this reformist inclination can be explained in part through an analysis of the logic of the system of capital. We read in Adorno how under modernity – i.e., capitalism – human beings are treated as commodities4 and the political-economy, which is principled on concentrations of power (i.e., ‘contradictory recognition’5), goes over the head of the individual, particularly as ‘coercive society’ aims to ‘shape people’ on behalf of the economic, social and political status quo.6 The system of capital, along with the instrumental use of Enlightenment ideals to promote a rational, efficient system7 have laid a foundation for society wherein the political-economy influences individuals and manufactures consent.8 Accordingly, people are seen as “substitutable entities valued merely for their instrumental uses or ability to command market resources,” and even where “commodification is resisted, the overriding pull of society is toward the status quo and those forms that are valued by society”. 9 As Kate Schick writes: The mind thus shapes itself into socially acceptable, marketable forms and freedom becomes an illusion, made all the more dangerous and difficult to resist because of the appearance of freedom. This is not the fault of Enlightenment ideals as such, but the instrumental use of these ideals in the promotion of a rational, efficient system: ‘The network of the whole is drawn ever tighter, modelled after the act of exchange’ (Adorno 1981: 21).10 Present in the logic of the system of capital itself is not an ‘emancipatory reason’ that aims toward universal guiding principles of an actually egalitarian democracy – i.e., Equality, Egalitarianism, Justice, Rights, etc. Rather, in modern capitalism, with its instrumental reason and positivist logic, such concepts lose their meaning.11 The social narrative no longer accommodates these fundamental principles or judges them to be delusions, because all concepts must be strictly functional in order to be considered “reasonable”.12 In turn, the ideals of a ‘good’ society, for example ideals toward an actual egalitarian democracy, become dependent on the “interests” of the dominant and governing system, which produces and reproduces the epistemic context of its own validity.13
Our critique independently outweighs the case - neoliberalism causes extinction and massive social inequalities – the affs single issue legalistic solution is the exact kind of politics neolib wants us to engage in so the root cause to go unquestioned. Farbod 15 ( Faramarz Farbod , PhD Candidate @ Rutgers, Prof @ Moravian College, Monthly Review, http://mrzine.monthlyreview.org/2015/farbod020615.html, 6-2) Global capitalism is the 800-pound gorilla. The twin ecological and economic crises, militarism, the rise of the surveillance state, and a dysfunctional political system can all be traced to its normal operations. We need a transformative politics from below that can challenge the fundamentals of capitalism instead of today's politics that is content to treat its symptoms. The problems we face are linked to each other and to the way a capitalist society operates. We must make an effort to understand its real character. The fundamental question of our time is whether we can go beyond a system that is ravaging the Earth and secure a future with dignity for life and respect for the planet. What has capitalism done to us lately? The best science tells us that this is a do-or-die moment. We are now in the midst of the 6th mass extinction in the planetary history with 150 to 200 species going extinct every day, a pace 1,000 times greater than the 'natural' extinction rate.1 The Earth has been warming rapidly since the 1970s with the 10 warmest years on record all occurring since 1998.2 The planet has already warmed by 0.85 degree Celsius since the industrial revolution 150 years ago. An increase of 2° Celsius is the limit of what the planet can take before major catastrophic consequences. Limiting global warming to 2°C requires reducing global emissions by 6 per year. However, global carbon emissions from fossil fuels increased by about 1.5 times between 1990 and 2008.3 Capitalism has also led to explosive social inequalities. The global economic landscape is littered with rising concentration of wealth, debt, distress, and immiseration caused by the austerity-pushing elites. Take the US. The richest 20 persons have as much wealth as the bottom 150 million.4 Since 1973, the hourly wages of workers have lagged behind worker productivity rates by more than 800.5 It now takes the average family 47 years to make what a hedge fund manager makes in one hour.6 Just about a quarter of children under the age of 5 live in poverty.7 A majority of public school students are low-income.8 85 of workers feel stress on the job.9 Soon the only thing left of the American Dream will be a culture of hustling to survive. Take the global society. The world's billionaires control $7 trillion, a sum 77 times the debt owed by Greece to the European banks.10 The richest 80 possess more than the combined wealth of the bottom 50 of the global population (3.5 billion people).11 By 2016 the richest 1 will own a greater share of the global wealth than the rest of us combined.12 The top 200 global corporations wield twice the economic power of the bottom 80 of the global population.13 Instead of a global society capitalism is creating a global apartheid. What's the nature of the beast? Firstly, the "egotistical calculation" of commerce wins the day every time. Capital seeks maximum profitability as a matter of first priority. Evermore "accumulation of capital" is the system's bill of health; it is slowdowns or reversals that usher in crises and set off panic. Cancer-like hunger for endless growth is in the system's DNA and is what has set it on a tragic collision course with Nature, a finite category. Secondly, capitalism treats human labor as a cost. It therefore opposes labor capturing a fair share of the total economic value that it creates. Since labor stands for the majority and capital for a tiny minority, it follows that classism and class warfare are built into its DNA, which explains why the "middle class" is shrinking and its gains are never secure. Thirdly, private interests determine massive investments and make key decisions at the point of production guided by maximization of profits. That's why in the US the truck freight replaced the railroad freight, chemicals were used extensively in agriculture, public transport was gutted in favor of private cars, and big cars replaced small ones. What should political action aim for today? The political class has no good ideas about how to address the crises. One may even wonder whether it has a serious understanding of the system, or at least of ways to ameliorate its consequences. The range of solutions offered tends to be of a technical, legislative, or regulatory nature, promising at best temporary management of the deepening crises. The trajectory of the system, at any rate, precludes a return to its post-WWII regulatory phase. It's left to us as a society to think about what the real character of the system is, where we are going, and how we are going to deal with the trajectory of the system -- and act accordingly. The critical task ahead is to build a transformative politics capable of steering the system away from its destructive path. Given the system's DNA, such a politics from below must include efforts to challenge the system's fundamentals, namely, its private mode of decision-making about investments and about what and how to produce. Furthermore, it behooves us to heed the late environmentalist Barry Commoner's insistence on the efficacy of a strategy of prevention over a failed one of control or capture of pollutants. At a lecture in 1991, Commoner remarked: "Environmental pollution is an incurable disease; it can only be prevented"; and he proceeded to refer to "a law," namely: "if you don't put a pollutant in the environment it won't be there." What is nearly certain now is that without democratic control of wealth and social governance of the means of production, we will all be condemned to the labor of Sisyphus. Only we won't have to suffer for all eternity, as the degradation of life-enhancing natural and social systems will soon reach a point of no return.
The alternative is a relentless class-based politics that works against the university’s economic underpinnings – only engaging in a critique that focuses on the economic forces at play in public universities can we resolve capitalism. Oparah 14 Oparah, Julia. Professor and Chair of Ethnic Studies at Mills College and a founding member of Black Women Birthing Justice "Challenging Complicity: The Neoliberal University and the Prison–Industrial Complex." The Imperial University: Academic Repression and Scholarly Dissent (2014). ¶ In my earlier work on the academic-prison-industrial complex, I suggested that activist scholars were producing and disseminating countercarceral knowledge by bringing academic research into alignment with the needs of social movements and interrogating and reorganizing relationships between prisoners and researchers in the free world.50 Given the history of epistemic and physical violence and exploitation of research subjects by the academy, such a reorganizing of relationships and accountabilities is clearly urgently needed. Yet no matter how radical and participatory our scholarship is, we ultimately fail to dismantle the academic-military-prison-industrial com- plex (academic-MPIC) if we address it only through the production of more knowledge. Since knowledge is a commodity, marketed through books, arti- cles, and conferences as well as patents and government contracts, the pro- duction of “better,” more progressive or countercarceral knowledge can also be co-opted and put to work by the academic-MPIC.¶ An abolitionist lens provides a helpful framework here. Antiprison schol- ars and activists have embraced the concept of abolition in order to draw attention to the unfinished liberation legislated by the Thirteenth Amend- ment, which abolished slavery “except as a punishment for a crime.”51 Aboli- tionists do not seek primarily to reform prisons or to improve conditions for prisoners; instead they argue that only by abolishing imprisonment will we free up the resources and imagine the possibility of more effective and less violent strategies to deal with the social problems signaled by harmful acts. While early abolitionists referred to themselves as prison abolitionists, more recently there has been a shift to prison-industrial complex abolitionism to expand the analysis of the movement to incorporate other carceral spaces— from immigrant detention centers to psychiatric hospitals—and to empha- size the role of other actors, including the police and courts, politicians, corporations, the media, and the military, in sustaining mass incarceration.52¶ How does an abolitionist lens assist us in assessing responses to the academic-MPIC? First, it draws our attention to the economic basis of the academic-MPIC and pushes us to attack the materiality of the militari- zation and prisonization of academia rather than limiting our interventions to the realm of ideas. This means that we must challenge the corporatization of our universities and colleges and question what influences and account- abilities are being introduced by our increasing collaboration with neoliberal global capital. It also means that we must dismantle those complicities and liberate the academy from its role as handmaiden to neoliberal globaliza- tion, militarism, and empire. In practice, this means interrogating our uni- versities’ and colleges’ investment decisions, demanding they divest from the military, security, and prison industries; distance themselves from military occupations in Southwest Asia and the Middle East; and invest instead in community-led sustainable economic development. It means facing allega- tions of disloyalty to our employers or alma maters as we blow the whistle on unethical investments and the creeping encroachment of corporate fund- ing, practices, and priorities. It means standing up for a vision of the liberal arts that neither slavishly serves the interests of the new global order nor returns to its elitist origins but instead is deeply embedded in progressive movements and richly informed by collaborations with insurgent and activ- ist spaces. And it means facing the challenges that arise when our divest- ment from empire has real impact on the bottom line of our university and college budgets.
The role of the judge is to be a critical analyst testing whether the underlying assumptions of the AFF are valid. This is a question of the whether the AFF scholarship is good – not the passage of the plan.
First, neoliberalism operates through a narrow vision of politics that sustains itself through the illusion of pragmatism. We should refuse their demand for a plan. Blalock, JD, 2015 (Corinne, “NEOLIBERALISM AND THE CRISIS OF LEGAL THEORY”, Duke University, LAW AND CONTEMPORARY PROBLEMS Vol. 77:71) MG from file RECOVERING LEGAL THEORY’S RELEVANCE? The lens of neoliberalism not only allows one to see how these narratives fit together to reveal a larger rationality but also to understand why the solutions they propose fail to challenge or even escape that rationality. I address the three most prominent prescriptions being offered by critical legal scholars today: (1) a pragmatic turn to politics, (2) a return to more explicit normative and moral claims, and (3) acceptance in recognition that the decline is merely an ebb in the regular cycles of theory. A. Prescription: More Politics The most common prescription for recovering legal theory’s vibrancy is a greater participation in politics—scholars should eschew descriptive projects, especially those that might be used to bolster the conservative argument on an issue or in a case, as well as those critiques that appear purely academic, in favor of projects intended to influence the courts in progressive ways.134 One can certainly understand why this is a tempting prescription in light of the success of explicitly conservative legal theory and methods135 and concern that left-leaning legal academics have not taken up this charge.136 However, this demand for political engagement has unintended consequences: It legitimizes the current frameworks. As the Roberts Court further embraces neoliberal principles, persuading the Court means functioning within neoliberal logic and is therefore counterproductive for the revitalization of critical legal theory. Moreover, this political prescription tends to produce a reified notion of what counts as politics, limiting the political as well as intellectual potential of theoretical projects. For example, in the wake of the of the Court’s incremental move toward recognition of same-sex marriage in United States v. Windsor, 137 many progressive legal scholars have written on the subject hoping to nudge the Court toward full recognition. But in light of Nancy Fraser’s work, one should ask just what kind of recognition that would be—whether it would displace materialist claims or reify forms of identity.138 Full recognition of same-sex marriage is a destination toward which the Court is already heading and an area where the public discourse has largely already arrived. Emphasizing this area also participates in the ideology of erasure, leading many to believe that the current Court is making progressive interventions because it is progressive on identity and cultural issues, even though Windsor was handed down in a term in which the Court retrenched on significant materialist issues and embodied a number of blatantly neoliberal positions.139 Even if not writing for the Court, a legal scholar’s attempt to be useful to those in the profession who share her political goals risks constraining the legal profession and its own professional and disciplinary norms.140 In this way, the focus on concrete political effects helps foster legal thought’s “considerable capacity for resisting self-reflection and analysis,”141 which has only become more pronounced in the face of the neoliberalization of the academy as instrumental knowledge is increasingly privileged. When attempting to counter hegemony, what one needs to do is disrupt the legible—to expand the contours of what is considered political—not to accept the narrowly circumscribed zone of politics neoliberalism demarcates. Therefore, it is crucial not to judge critical legal scholarship according to whether its political impact is immediate or even known, and thus a turn to politics is not the remedy for legal theory’s marginalization. B. Prescription: More Normativity Some scholars recognize the danger of embracing a reified notion of politics that unwittingly reaffirms the status quo, and instead champion assertions of substantive morality to counteract the cold logics of pragmatism and efficiency.142 This proposed solution advocates a return to more substantive ideals of justice and equality. Although it may be true that change will ultimately require wresting these liberal and democratic ideals from neoliberalism and refilling their hollowed-out forms, this approach entails a number of pitfalls. The first is simply the inevitable question regarding moral claims: Whose morality is to be asserted? This question has created crisis on the left before, even producing some of the schisms among the crits recounted above. Neoliberalism does not have to contend with this issue—it foregrounds its formal nature and holds itself out as not needing to create a universal morality or set of values. More importantly, it claims to provide a structure in which one can keep one’s own substantive morals. Therefore, neoliberalism’s logic cannot be countered by moral claims without first disrupting its illusion of amorality. The ineffectiveness of the progressive critique of law and economics, based in claims of distributive justice and moral imperative, provides a clear example of how the neoliberal discourse can capture normative claims. The work of Martha McCluskey, one of the few legal scholars writing about neoliberalism in the domestic context over the last ten years, highlights the extent to which the “distributive justice” critique, which argues against the privileging of efficiency over equality and redistribution, fails to challenge the underlying logic.143 McCluskey illustrates how critics of law and economics who critique the approach’s inattention to redistribution have already ceded the central point, by arguing within the conventional views that “efficiency is about expanding the societal pie and redistribution is about dividing it.”144 “Neoliberalism’s disadvantage is not, as most critics worry, its inattention to redistribution, but to the contrary, its very obsession with redistribution as a distinctly seductive yet treacherous policy separate from efficiency.”145 In order to challenge this rationality, she explains, one cannot “misconstrue neoliberalism as a project to promote individual freedom and value-neutral economics at the expense of social responsibility and community morality.”146 One must instead recognize that neoliberalism has redefined social responsibility and community morality. Therefore, one must refuse the false dichotomy between the economic and cultural spheres (a division that allows the neoliberal discourse to displace cultural concerns to a moment after the economic concerns have been dealt with). Merely asserting the falsity of this separation is not sufficient. Neoliberalism has real effects in the world that strengthen its ideological claims.147 Therefore, it is not a struggle that can take place solely on the terrain of discourse or ideology. Like neoliberalism generally, law and economics does not hold itself out as infallible or as an embodiment of social ideals, but instead as the best society can do. It functions precisely on the logic that there is no alternative. Like Hayek’s theory, “law and economics is full of stories about how liberal rights and regulation designed to advance equality victimize the all-powerful market, undermining its promised rewards.”148 In light of this, it is a mistake to see neoliberalism as disavowing moral principles in favor of economic ones; it instead folds them into one another: “The Law and Economics movement is rooted in the moral ideal of the market as the social realization of individual liberty and popular democracy.”149 Neoliberalism’s approach presents itself not only as efficient, but also as just. Legal scholars need to recognize neoliberalism’s focus on the market is not only a form of morality, but also a powerful one. They cannot assume that in a battle of moralities the substantive communitarian ideal will win.150 Furthermore, the neoliberal framework, through its reconfiguration of the subject as an entrepreneur, justifies material inequalities—in contrast to liberalism’s mere blindness to them. Consequently, merely asserting the existence of material inequalities does not immediately undermine neoliberalism’s claims. Far from the engaged citizen who actively produces the polis in liberal theory, the neoliberal subject is a rational, calculating, and independent entity “whose moral autonomy is measured by her capacity for ‘self-care’—the ability to provide for her own needs and service her own ambitions.”151 The subject’s morality is not in relation to principles or ideals, but is “a matter of rational deliberation about costs, benefits, and consequences.”152 If efficiency is the morality of our time, the poor are cast not only as “undeserving” but also as morally bankrupt. Therefore, efficiency replaces not only political morality, but also all other forms of value. Therefore, critics are right that other forms of value have been crowded out; but the logic is deeper than they seem to realize. It goes beyond the scope of what is being done in the legal academy. It is a logic that organizes our time and therefore must be countered differently. More normativity is not the answer to legal theory’s marginalization because neoliberalism’s logic can accommodate even radically contradictory moralities under its claims of moral pluralism. Ethical claims of justice and community may need to be made, but one must first recognize that countering hegemony is harder than merely articulating an alternative; hegemony must be disrupted first. Disrupting neoliberalism’s logic thus entails not only recognizing that neoliberalism has a morality, but also taking that morality seriously. C. Prescription: Acceptance The final response of legal theorists to their field’s marginalization is to dismiss it as merely the regular ebb and flow of theory’s prominence.153 Putting it in terms of Thomas Kuhn’s theory of paradigm shifts, the contemporary moment is just the “normal science” of the paradigm brought about by the crits’ revolutionary moment in the 1970s and 1980s.154 The vitality, this narrative contends, will return when a competing paradigm emerges. There are several problems with this perspective on the decline. First, it entails an error in logic insofar as it takes an external perspective. Legal theory does not inevitably rise and fall but only according to the work being produced; or, to put it another way, this descriptive account of theory’s ebb can be a selffulfilling prophecy insofar as it decreases scholars’ motivation to pursue and receptivity toward theoretical projects. Second, legal scholars cannot be content with normal science when it has the kinds of consequences for democracy and economic inequality that neoliberal hegemony does. The Court is currently entrenching these principles at an unprecedented rate in areas of free speech, equal protection, and antitrust to name a few.155 At first, such acceptance appears to be what Janet Halley is advocating in “taking a break from feminism,”156 but upon closer inspection it is not. Halley is cautioning against the left’s nostalgia—concluding that operating under the banner of feminism and a preoccupation with “reviving” feminism looks backward instead of forward.157 Critical legal scholarship instead needs to be “self-critical” and to recognize that “how we make and apply legal theory arises out of the circumstances in which we recognize problems and articulate solutions.”158 Theory must arise from engagement with the current circumstances. Acceptance cannot be the solution; legal theory must produce the momentum to move forward. VII CONCLUSION: WHERE WE GO FROM HERE The way forward cannot entail a return to reified notions of theory any more than by a return to reified notions of politics. Critical legal scholars should not attempt to revitalize previous critical movements but, instead, reinvigorate the practice of critique within the legal academy. A. Why Critique Naming neoliberalism is necessary in order to counteract it. Without explicit identification, there can be no truly oppositional position. It also makes legible connections that would otherwise go unseen, as was the case with scholars writing about the decline. But there must also be a step beyond naming: critique. Critique means taking neoliberal rationality seriously. The approach must not be dismissive, merely pointing out neoliberalism’s inconsistencies, but instead must recognize that neoliberal rationality is inherently appealing. One cannot merely indict efficiency as contrary to more substantive values, but one also must recognize that efficiency is inextricably tied to beliefs about liberty, dignity, and individual choice, as well as corresponding beliefs about the capacities and limits of the state to effectuate change. No one is arguing that neoliberalism is the best of all possible worlds; in fact, its power comes precisely from abandoning such a claim. In recognizing its hegemonic status, legal scholars can understand the critical task as being more than just demystification. Neoliberal does not paper over inequalities after all; it justifies them. Ultimately, critique should function as a means of opening the conversation in ways that go beyond the picture of law painted by the Roberts Court—to refuse to allow the legal academy to be merely mimetic of a Court that is clearly embracing a neoliberal vision. Critique provides a means of thinking about law as not limited by what the markets can tolerate; it is the means through which one can discover a form of resistance that goes beyond nostalgia for the liberal welfare state. And finally, critique is simply a means of asserting that things can be different than they are in a world that constantly insists that there is no alternative.
Second, the knowledge claims of the AC are the jumping off point for the debate – our framework provides a more reasonable neg burden. When a student turns in an F paper, no teacher has an obligation to write an entirely new paper to show it was bad – pointing out major academic deficiencies would justify failing the paper – the ballot asks who did the better debating, so if their analysis is wrong, they haven’t.
Third, neoliberalism is a conceptual framework that has to be challenged at the level of scholarship. Godrej 14 Farah Godrej Department of Political Science¶ University of California-Riverside “neoliberalism, Militarization, and the Price of dissent¶ Policing Protest at the University of California¶ “Edited by Chatterjee, Piya, and Sunaina Maira. The Imperial University. University of Minnesota Press, 2014. I have offered here a particular window into the ways in which the interests, mechanisms, and operations of both the university system and the neoliberal state are aligned with those of private capital. Of course, that the academy is made to strategically ally with capital as a key piece of neoliberal consolida- tion should not surprise us. Rather, what is worth noting, I have argued here, is the necessity of the linkages between disinvestment in public education, militarization, and the criminalization of dissent. These necessary link- ages demonstrate this volume’s premise that the university is an institution embedded in the hierarchies and inequalities of U.S. racial, gender, and class politics and shed light on the confluence of military and industrial interests as they appear within the U.S. university. I have sought also to emphasize the systematicity and multilayered complexity of this phenomenon. That is, the various pieces of this picture necessarily go together, as rhetoric, law, bureaucracy, and the force of arms all combine effectively to produce the desired end.¶ The neoliberal logic entailed in the privatization of the University of Cal- ifornia is, I have argued, necessarily interlinked with the logic of militari- zation and the criminalization of dissent, because it employs a militarized enforcement strategy, coupled with a political rhetoric that criminalizes the specific behaviors involved in protest and dissent against these strate- gies. The militarization of the university campus is thus not simply a reflec- tion of the increasing militarization of American law enforcement based on the logic of ongoing threats to public safety encoded in years of the War on Drugs and the War on Terror.25 Rather, such militarization is one prong of a necessary enforcement strategy designed to convey that dissent against privatization is meant to be costly in inflicting various forms of legitimized violence upon those who dissent. The second prong of the enforcement strategy also conveys that dissenters will pay a high price by being criminal- ized, either through rhetoric that paints them as violent and therefore mar- ginal, unworthy, and undesirable in the public imagination or through legal machinations that force them to expend tremendous financial resources on extricating themselves from prosecution.¶ The language of cost and price here, of course, reminds us of the ongo- ing hegemony—and perhaps victory—of the conceptual frameworks of neoliberalism and its theoretical accompaniments, such as rational choice theory, predominantly featured in neoclassical economics. These strategies of criminalization and militarization rest on sending signals to adversaries, encoded precisely in these languages, wherein value and worth are measured in terms of indicators such as price or cost, and rational actors are assumed to be guided by a universally comprehensible incentive structure. Thus the strategies of criminalization and militarization rest on de-incentivizing dis- sent, so to speak, assuming that dissenters will measure the costs inherent in their actions and choose rationally to cease from engaging in such dissent. The continued insistence on dissent is therefore resistance to the logic of neoliberal privatization on multiple levels: it not only calls out the complic- ity of the university with the neoliberal state and the forces of private capital but also continues to dissent despite the “incentives” offered in exchange for desisting from dissent. And in so doing, it should be signaling its rejection not simply of privatization but of the entire conceptual baggage of neolib- eralism, including its logics of rational choice, cost, price, and incentive, as well as its logic of structural violence. In other words, the ongoing struggle against the logic of neoliberal privatization requires that dissent continue, despite its high “price.”¶
1/12/17
JanFeb - T - Any
Tournament: Harvard-Westlake RR | Round: 1 | Opponent: Loyola DW | Judge: Varad and Rodrigo Interpretation: The aff must defend that no constitutionally protected speech may be restricted by public colleges or universities. To clarify, they can’t defend a restriction on only a kind, setting, or timing of speech.
Counterplans that restrict only certain forms of speech are theoretically illegitimate.
The term “any” is the res is the weak form of “any” - “not any” statements refer to “all”. Cambridge Dictionary
We use any before nouns to refer to indefinite or unknown quantities or an unlimited entity: Did you bring any bread? Mr Jacobson refused to answer any questions. If I were able to travel back to any place and time in history, I would go to ancient China. Any as a determiner has two forms: a strong form and a weak form. The forms have different meanings. Weak form any: indefinite quantities We use any for indefinite quantities in questions and negative sentences. We use some in affirmative sentences: Have you got any eggs? I haven’t got any eggs. I’ve got some eggs. Not: I’ve got any eggs. We use weak form any only with uncountable nouns or with plural nouns: talking about fuel for the car Do I need to get any petrol? (+ uncountable noun) There aren’t any clean knives. They’re all in the dishwasher. (+ plural noun) Warning: We don’t use any with this meaning with singular countable nouns: Have you got any Italian cookery books? (or … an Italian cookery book?) Not: Have you got any Italian cookery book? Strong form any meaning ‘it does not matter which’ We use any to mean ‘it does not matter which or what’, to describe something which is not limited. We use this meaning of any with all types of nouns and usually in affirmative sentences. In speaking we often stress any:. (+ uncountable noun) When you make a late booking, you don’t know where you’re going to go, do you? It could be any destination. (+ singular countable noun) talking about a contract for new employees Do we have any form of agreement with new staff when they start? (+ singular countable noun) a parent talking to a child about a picture he has painted A: I don’t think I’ve ever seen you paint such a beautiful picture before. Gosh! Did you choose the colours? B: We could choose any colours we wanted. (+ plural countable noun) See also: Determiners and types of noun Some and any Any as a pronoun Any can be used as a pronoun (without a noun following) when the noun is understood. A: Have you got some £1 coins on you? B: Sorry, I don’t think I have any. (understood: I don’t think I have any £1 coins.) parents talking about their children’s school homework A: Do you find that Elizabeth gets lots of homework? Marie gets a lot. B: No not really. She gets hardly any. (understood: She gets hardly any homework.) A: What did you think of the cake? It was delicious, wasn’t it? B: I don’t know. I didn’t get any. (understood: I didn’t get any of the cake.) See also: Determiners used as pronouns Any of We use any with of before articles (a/an, the), demonstratives (this, these), pronouns (you, us) or possessives (his, their): Shall I keep any of these spices? I think they’re all out of date. Not: … any these spices? We use any of to refer to a part of a whole: Are any of you going to the meeting? I couldn’t answer any of these questions. I listen to Abba but I’ve never bought any of their music. Any doesn’t have a negative meaning on its own. It must be used with a negative word to mean the same as no. Compare Not Any: there aren’t any biscuits left. They’ve eaten them all. No: There are no biscuits left. They’ve eaten them all. Outweighs - it takes into account AFF definitions which assume a strong form of “any” that justifies singular cases.
Violation:
Standards:
Limits
2. Legal precision – multiple court rulings agree with our interp. Elder 91 Elder ‘91(David S. Elder, October 1991, "Any and All": To Use Or Not To Use?” "Plain Language' is a regular feature of the Michigan Bar Journal, edited by Joseph Kimble for the State Bar Plain English Committee. Assistant editor is George H. Hathaway. Through this column the Committee hopes to promote the use of plain English in the law. Want to contribute a plain English article? Contact Prof. Kimble at Thomas Cooley Law School, P.O. Box 13038, Lansing, MI 48901, http://www.michbar.org/file/generalinfo/plainenglish/pdfs/91_oct.pdf | SP) The Michigan Supreme Court seemed to approve our dictionary definitions of "any" in Harrington v Interstate Business Men's Accident Ass'n, 210 Mich 327, 330; 178 NW 19 (1920), when it quoted Hopkins v Sanders, 172 Mich 227; 137 NW 709 (1912). The Court defined "any" like this: "In broad language, it covers 'arl'v final decree' in 'any suit at law or in chancery' in 'any circuit court.' Any' means ,every,' 'each one of all."' In a later case, the Michigan Supreme Court again held that the use of "any" in an agency contract meant "all." In Gibson v Agricultural Life Ins Co, 282 Mich 282, 284; 276 NW 450 (1937), the clause in controversy read: "14. The Company shall have, and is hereby given a first lien upon any commissions or renewals as security for any claim due or to become due to the Company from said Agent." (Emphasis added.) The Gibson court was not persuaded by the plaintiff's insistence that the word "any" meant less than "all": "Giving the wording of paragraph 14 oJ the agency contract its plain and unequivocable meaning, upon arriving at the conclusion that the sensible connotation of the word any' implies 'all' and not 'some,' the legal conclusion follows that the defendant is entitled to retain the earned renewal commissions arising from its agency contract with Gibson and cannot be held legally liable for same in this action," Gibson at 287 (quoting the trial court opinion). The Michigan Court of Appeals has similarly interpreted the word "any" as used in a Michigan statute. In McGrath v Clark, 89 Mich App 194; 280 NW2d 480 (1979), the plaintiff accepted defendant's offer of judgment. The offer said nothing about prejudgment interest. The statute the Court examined was MCL 600.6013; MSA 27A.6013: "Interest shall be allowed on any money judgment recovered in a civil action...." The Court held that "the word 'any' is to be considered all-inclusive," so the defendants were entitled to interest. McGrath at 197 Recently, the Court has again held that "alny means 'every,' 'each one of all,' and is unlimited in its scope." Parker v Nationwide Mutual Ins Co, 188 Mich App 354, 356; 470 NW2d 416 (1991) (quoting Harrington v InterState Men's Accident Ass'n, supra)
Vote on substantive engagement:
1/12/17
NovDec - CP - Civilian Review
Tournament: Apple Valley | Round: 4 | Opponent: Harrison MZ | Judge: Nicole Neva 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
NovDec - DA - Education
Tournament: Alta | Round: 4 | Opponent: Harker | Judge: x Our education system is on the brink – Pennsylvania proves—schools need funding to survive. Black 9/12 Derek Black, Professor of Law University of South Carolina School of Law, 9-12-2016, "A School District On The Brink Of Collapse: Educational Opportunity At The Intersection Of Race, Poverty, And Geography," Education Law Prof Blog, http://lawprofessors.typepad.com/education_law/2016/09/a-school-district-on-the-brink-of-collapse-educational-opportunity-at-the-intersection-of-race-pover.html MG For the past few years, Pennsylvania's education system has stood at the brink of disaster in some shape, form, or fashion. First came the state's decision to retreat from its new school funding formula and impose new cuts. Then came stories of completely upside down budgets, with public schools bleeding money to brick and mortar charter schools. Those were followed with rampant corruption and a federal indictment of a virtual charter school operator. Mixed in was the story of a Philadelphia girl who fell ill and died on a day when no nurse was present at school due to funding cuts. This brought national attention on the state's policies. This past school year did not look much better. It started with no state education budget. As late as March, the state was still flirting with finishing the school year in the same position--with no school budget. Along the way, there were stories of unpaid teachers, shuttered pre-kindergarten programs, extended winter breaks to save money, and the potential collapse of entire school districts. The Erie School District was one of those districts pushed to the brink. Its superintendent indicated that the small district might be forced to dissolve itself and allow its students to be subsumed by the much larger neighboring suburban districts if the state did not pass a budget and adopt a more equitable funding formula. The state passed a budget and tinkered with the funding formula, but neither was substantial enough to change the underlying reality in Erie. According to NPR, it still is far from having the resources it needs and is considering dissolution: Erie's schools have been pushed to the brink after six years of deep budget cuts, and he believes the children in the city's district — which predominantly serves students of color — are being systematically shortchanged. That's in part because urban school districts in Pennsylvania face a particularly brutal logic. They serve the poorest, most needy students. Yet, when it comes to state funding per pupil, most of them don't make the top of the list. Even though Erie is one of the most impoverished districts in the state, and has one of the highest percentages of English language learners, the district currently receives less per-pupil funding from the state than hundreds of other districts. Excluding pension costs, per-pupil spending in Erie is less than it was in 2008-09. . . . . The issue in Erie is even more complicated because of Pennsylvania's education funding policies. For most of the past 25 years, the state has distributed money without a rational, student-based formula. So although Erie is one of the state's most challenged districts, the state sends more money per-pupil from its main pot of cash to most other districts in the county — including wealthier ones, with less pressing needs, that already have an easier time raising local funds. "The differences between the resources we have in the county compared to in here are just shocking," said Brian Polito, chief financial officer for Erie Public Schools." Polito used to have a similar job in North East, a rural district in Erie County. Drawing a comparison, he says last year Erie spent $6,000 dollars on its 18 libraries. "In the school district that I came from, we had three libraries and our budget for library resources was almost $40,000." It's examples like these that has Millcreek parent Genene Mattern completely supporting the stand that superintendent Jay Badams has taken on closing the city's high schools. "People need to get mad. People need to get loud, because the more you just sit and let it happen, I think the more they figure, 'well, they're okay with that,'" she says. The Erie district did receive a modicum of relief in the state budget that recently passed, including a $3.4 million boost in basic education funds, and a one-time $4 million dollar emergency supplement. But the systemic issues will persist, and Erie's finances are slated to be in the same straits by the end of the school year. Talk of dissolving Erie's district, however, is causing a lot of uneasiness in surrounding districts. They are predominantly middle-income and white, while Erie is predominantly poor and minority. Some of the concerns are more explicitly related to race, while some others hearken back to the facially neutral but coded language that opposed busing during desegregation in the south. The problem, they would say, is not race but the difficulties children will face when they attend something other than a neighborhood school. NPR also asks: "Would Erie's crisis even be happening if it was a majority white district?" This question, however, may be best directed at state policy than just local politics. The unfortunate situation in which Erie's school children find themselves is the sad story of race, poverty, and geography in American schools. Geography is highly determinate of educational opportunity and probably even more so in most northern locales, where school districts are much smaller. The smaller we draw district lines, the higher the capacity to wall-in or wall-out particular neighborhoods. As a practical matter, districts become far more homogeneous than an overall county's or region's demographic population. In other words, small districts increase racial and socio-economic isolation. When this isolation is coupled with state policy that largely bases education funding on local property taxes, it produces highly unequal resources between districts. In other words, the districts become segregated and unequal. When this occurs, state level funding solutions become politically more difficult. The education world has been divided by race, class, and resources and there is little incentive for the "haves" to agree to plans that would send more resources to the "have-nots." In other words, the suburb votes are stacked against urban school districts. The only apparent solution for districts like Erie is to cut through the structural morass of inequality and blow up the system--to, in effect, say we reject district lines, we reject inequitable funding systems, we reject a system that leaves inner city children to fend for themselves. We give up, and the state and its suburban school districts must now find a way to integrate us into its flawed system. No wonder those who control the levers of power are so upset in Erie. They should be upset in Harrisburg too.
Aff plan bankrupts schools by allowing them to sue school officers. Bouchard 03 Rebecca L. Bouchard, EDUCATION LAW—THE RELATIONSHIP BETWEEN THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT AND SECTION 1983: ARE COMPENSATORY DAMAGES AN AVAILABLE AND APPROPRIATE REMEDY?, 25 W. New Eng. L. Rev. 301 (2003), http://digitalcommons.law.wne.edu/lawreview/vol25/iss MG *HCPA = Handicapped Children’s Protection Act In Sellers v. School Board of Manassas,178 the Fourth Circuit held that a plaintiff could not bring a compensatory damages claim pursuant to § 1983 for an alleged violation of IDEA. In Sellers, the plaintiff was an eighteen year-old boy who had recently been diagnosed as learning disabled and emotionally disturbed.179 He and his parents sought compensatory damages under IDEA, arguing that the school should have known that he required special education services in grade school.180 In denying their damages claim, the court conceded that although HCPA, which created § 1415(1), did effect a legislative reversal of much of the Smith holding, it did not afford the plaintiff a right to demand compensatory damages.181 Since IDEA provides a comprehensive remedial scheme for violations of its requirements, students and parents may not rely on § 1983 to sue for violations of IDEA.182 Permitting recovery of general damages through § 1983 would subject school boards to potential liability "exponentially greater" than any liability for tuition reimbursement that they currently face.183 The vague language of § 1415(1) does not place them on notice of such open-ended liability.184 . In Padilla v. School District No.1 ,185 the Tenth Circuit joined the Sellers court in holding that § 1415(1) left intact Smith's implication that IDEA may not provide the basis for § 1983 claims based on violation of IDEA. It also noted that since Congress passed HCPA, the Supreme Court has cited Smith and the IDEA as examples of an exhaustive legislative enforcement scheme that precludes § 1983 causes of action.186 These courts, along with the other courts on this side of the controversy,187 essentially assert that § 1415(1) overrules much, but not all, of the Supreme Court's decision in Smith. Claims under § 1983 for ADA, § 504, or constitutional violations may be permissible, but § 1983 claims based on violations of IDEA are not. Neither the text nor the legislative history clearly authorizes such claims, and there are strong policy reasons against doing so.
Education is key to combatting ableism—turns case. Hutcheon and Wolbring 12 Emily J. Hutcheon and Gregor Wolbring, University of Calgary 2012, " Voices of “Disabled” Post Secondary Students: Examining Higher Education “Disability” Policy Using an Ableism Lens" Journal of Diversity in Higher Education , https://www.apa.org/pubs/journals/features/dhe-a0027002.pdf MG How can ideas of “normal” and “typical” be deconstructed in a practical way? How can this deconstruction be used to better the experience of disabled students in higher education? In light of the emergent findings presented here, it is incumbent on policymakers, educators, and students, both disabled and nondisabled, to critically examine their own assumptions regarding difference. Policymakers and those working in disability services may engage in this examination within existing initiatives, which are currently structured to reactively address the accessibility needs of students (Kraus, 2008). Postsecondary students, who are the most informed as to their own needs, should be involved in these initiatives. Initiatives explored below include revisiting processes which underlie reasonable accommodation, awareness raising, changes in delivery of curriculum content, legitimizing different ways of learning, and changing the language of policy. The first of these initiatives (seen by participants of this study to be positive) is that of reasonable accommodation. (Note that in the case of postsecondary students entails the provision of course or program modifications, extension of assignment due dates, alternate testing procedures, access to adaptive technologies.) Given that students are currently obligated to initiate and maintain their own accommodations, it has been suggested by Devlin and colleagues (2006) that “accommodation” be more flexible in theory and practice. In other words, the authors suggest that accommodation be built into the academic standard, in essence lessening its individualized delivery. This, they say, would shift our gaze away from delivering accommodations relative to a given “typical” or “normal” standard (Devlin and Pothier, 2006). Another of these initiatives, awarenessraising (traditionally understood as the act of informing professors of the various functioning needs of those with differences), is suggested by study participants. This may take the form of blogs, newsletters, and presentations created and run by both students and staff in diversity services. In addition to ensuring that students’ accessibility needs are met through awareness, efforts should be made to integrate other educational components (which may, for example, bring to awareness the multiple conceptualizations of disability to which students may align, and ways in which difference is often rejected). These educational components, made available to both students and faculty, may provide space in which difference can be embraced. The third of these initiatives, also suggested by participants, aims to change the process by which academic information is delivered in the classroom. Barnes (1999) notes that “ . . . the current presentation of ‘disability’ in universities fosters the notion that disability is an individual or a family ‘problem’; that the ‘disabled voice’ is absent from the curriculum; that disabled people are objectified as a result; that there is a lack of critical analysis, and that this is due to the absence of disabled scholars and researchers within universities” (p. 567). Students, staff, and policymakers should act collaboratively to design course material which integrates a diversity-conscious perspective. Additionally, there is little acknowledgment of peripheral ways of learning (e.g., the use of American Sign Language, Auslan, or Braille), and little interrogation of dominant methods of learning. Devlin and Pothier (2006) suggest that a legitimization of these peripheral ways of learning would provide another avenue in reshaping policy. Finally, the language of policy which addresses the needs of the ability-diverse population should be changed to reflect nonableist and inclusive sentiments. Existing postsecondary services for those with perceived impairments, while usually addressing immediate concerns such as accessibility, do not provide this student group with media of expression, social outlets, or opportunities to embrace their identities (Kraus, 2008). We submit that this is, in part, a consequence of policies which address ability difference in higher education and the choice of language used within these policies. We have demonstrated the utility of the ableism lens in reconsidering policy language and implementation and further suggest changes in existing initiatives (accommodations, awareness, and changes in course design and delivery) as practical first steps.
12/3/16
NovDec - DA - Hollow Hope
Tournament: Apple Valley | Round: 4 | Opponent: Harrison MZ | Judge: Nicole Neva 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.
11/5/16
NovDec - DA - Precedent
Tournament: Alta | Round: 4 | Opponent: Harker | Judge: x The US is currently holding terrorists at bay through security tactics that go under the public radar and require extreme efficiency. Atkins 11/17
Fear mongering media outlets have convinced many that we are losing the war on terror at home. The truth is, however, that we are doing quite well.¶ According to the October Terror Threat Snapshot, released by the Majority Staff of the Homeland Security Committee, US authorities have arrested 109 suspects in ISIS related incidences since 2014.¶ The report states, “These individuals had, among other acts: plotted attacks; attempted to join ISIS in Iraq and Syria (or facilitated others’ travel); provided money, equipment, and weapons to ISIS; and falsified statements to federal authorities. Eight ISIS-linked terrorists have been killed while carrying out five separate attacks in California, Florida, Massachusetts, Texas, and Minnesota.” Currently, there are over 1,000 active FBI investigations into homegrown terrorism according to Director James Comey. He stated that over 80 percent of those are ISIS related. Since September 11, 2001, there have been at least 171 homegrown jihadist plots in the United States, including attempts to join terrorist groups overseas and execute attacks at home. More than 86 percent of these cases have occurred or been uncovered since 2009.¶ There is a lot of “behind the scenes” action, resulting in statistics like those above, that the general public rarely hears about in mainstream media.¶ Tactics such as leveraging the criminal justice system, seizing financial assets, gathering intelligence, covert operations, restricting movement of suspected terrorists, monitoring social media, and enhanced border restrictions and rules are all tools which aid in capturing US and foreign jihadists. As a result of these methods, fighters traveling into Syria and Iraq (at a one-time high of 2,000 monthly) have now fallen to as few as 50 per month.¶ U.S. efforts to counteract ISIS messaging online have proven an effective way to deter recruitment. ISIS has social media experts, and even hosts real-time Q and A sessions online where recruiters answer questions such as, “How do I travel, undetected, from the US to Syria?” Radical extremists post videos online, encouraging young people who have felt rejected by American society to take up Jihad.¶ According to the Terror Snapshot, here are some of the actions and arrests during this past September which have stopped some of these radicalized individuals from acting:¶ September 8: Marie Castelli, a 56-year-old U.S. citizen and Muslim convert from Maysville, Kentucky, was arrested after issuing violent threats and lying to federal authorities. Castelli promoted ISIS propaganda through social media.¶ September 10: An ISIS-linked cyber hacking group released a “kill list” with information about real estate professionals in the United States and encouraged individuals to locate and attack them.¶ September 18: Ahmad Khan Rahami, a 28-year-old U.S. citizen who was born in Afghanistan and is a resident of Elizabeth, New Jersey, was arrested after launching a bombing campaign targeting multiple locations in New York and New Jersey. Rahami was carrying a journal citing ISIS’s call for its followers in the West to launch attacks at home.¶ September 18: Dahir Adan, a 20-year-old U.S. citizen living in St. Cloud, Minnesota, attacked nearly a dozen people with a knife at a mall. Adan was born to a Somali family in Kenya before immigrating to the United States. Adan reportedly asked victims during his stabbing spree at a mall in Minnesota if they were Muslim. ISIS’s primary media arm claimed Adan was an ISIS supporter shortly after the attack.¶ September 30: Nelash Mohamed Das, a 24-year-old Bangladeshi citizen who has been living in Maryland as a legal permanent resident, was arrested after he plotted to kill a member of the U.S. military on behalf of ISIS.¶ Authorities know that roughly 90 percent of ISIS fanatics charged in the US are male and an average of 26.3 years of age. We are learning how to find these high risk individuals and arrest them. Almost 30 percent of those arrested were planning ISIS related attacks.¶ In a few instances, individuals known to be associated with terrorist groups have unsuccessfully attempted to gain admittance to the US through the refugee program. Over the past fiscal year, the Obama Administration has let almost 13,000 refugees through our borders and planned to allow in even more. By comparison, 1.3 million refugees arrived in Europe during that same time period. Trump has indicated that he intends to reduce these numbers drastically.¶ Although the US has a highly rigorous screening process for incoming refugees (Consuming 18 – 24 months for each person) the Terror Snapshot states that, “American law enforcement and intelligence officials have repeatedly indicated that the U.S. lacks reliable and credible intelligence to properly vet and screen potential Syrian refugees.”¶ President-Elect Trump has repeatedly indicated that he plans to improve this process with what he calls “extreme vetting.”¶ ISIS has proven to be a challenger unlike anything the US has previously faced. Their ability to use the internet and social media to reach high risk individuals and radicalize them to the ISIS cause has created a threat that is difficult to combat. Our intelligence agencies continue to learn and grow, having great, if often unrecognized, successes in protecting the American people.
Qualified immunity for security officials is necessary to secrecy, efficiency, and flexible decision-making. Samp 6/8 *Brackets in original Richard A. Samp JD Washington Legal Foundation June 8, 2016 Ascroft v Turkmen Amicus Briefs. BRIEF OF FORMER U.S. ATTORNEYS GENERAL¶ WILLIAM P. BARR, ALBERTO R. GONZALES,¶ EDWIN MEESE III, MICHAEL B. MUKASEY, AND¶ DICK THORNBURGH; FORMER FBI DIRECTORS¶ WILLIAM S. SESSIONS AND WILLIAM H. WEBSTER;¶ AND WASHINGTON LEGAL FOUNDATION¶ AS AMICI CURIAE IN SUPPORT OF PETITIONERS http://www.scotusblog.com/wp-content/uploads/2016/06/Ashcroft-v-Turkmen-WLF-amicus.pdf
The petitions raise issues of exceptional¶ importance. Amici urge the Court to grant review of¶ all three Questions Presented. We write separately to¶ focus particular emphasis on the qualified immunity¶ question. Qualified immunity not only provides¶ government officials with a defense to liability; it also¶ is “an entitlement not to stand trial or face the other¶ burdens of litigation.” Mitchell v. Forsyth, 472 U.S.¶ 511, 526 (1985) (emphasis added). The Court has made¶ clear that the “driving force” behind creation of the¶ qualified immunity doctrine was a desire to ensure¶ that “‘insubstantial claims’ will be resolved prior to¶ discovery.” Anderson v. Creighton, 483 U.S. 635, 640¶ n.2 (1987). Yet, the decision below calls into question¶ the ability of high-level Executive Branch officials to¶ win dismissal, on qualified immunity grounds, of even¶ frivolous Bivens litigation filed by anyone claiming to¶ be aggrieved by their official conduct.¶ In the absence of dismissal, those officials face¶ the prospect of discovery proceedings that are highly¶ likely to distract them from their other responsibilities.¶ As former senior Executive Branch officials, the¶ individual amici curiae are concerned by the disruptive¶ effects of such discovery, and they are very concerned¶ that such disruptions are likely to impair the ability of¶ high-level officials to carry out their missions effectively. Review is warranted to determine whether¶ such disruptions are required under the terms of the¶ qualified immunity doctrine and the pleading¶ standards established by the Federal Rules of Civil¶ Procedure, particularly when (as here) the challenged¶ actions involve sensitive national security issues.¶ Respondents raise constitutional claims that are¶ largely the same as those at issue in Iqbal and that¶ arise from precisely the same underlying facts: the¶ detention of Arab/Muslim unauthorized aliens at the¶ MDC under harsh conditions in 2001-02. Iqbal¶ determined that the complaint at issue there did not¶ adequately state a constitutional claim against¶ Ashcroft and Mueller for their alleged role in the¶ detentions. The Second Circuit decision, by reaching¶ the opposite conclusion in connection with a complaint¶ that added little in the way of new factual allegations,¶ is in considerable tension with Iqbal. The same¶ considerations that led the Court to review (and¶ ultimately overturn) the Second Circuit’s assessment¶ of the adequacy of the pleadings in Iqbal should¶ persuade the Court to grant review here as well. In¶ particular, Respondents’ complaint includes no factual¶ allegations from which one can reasonably infer that¶ Ashcroft, Mueller, and Ziglar played any role in¶ determining the conditions of Respondents’¶ confinement.¶ Review is also warranted to determine whether¶ the courts should recognize a judicially inferred¶ damages remedy against senior Executive Branch¶ officials for alleged infringement of Respondents’¶ constitutional rights in the course of carrying out their¶ national security responsibilities. As Petitioners note, the appeals courts are sharply divided on the issue,¶ with the Fourth, Seventh, Ninth, and D.C. Circuits¶ issuing decisions that conflict with the decision below.¶ Review is warranted to resolve that conflict.¶ Amici also write separately to note that the¶ Second Circuit’s unprecedented recognition of Bivens¶ actions to challenge Executive Branch national security¶ policy conflicts with decisions of this Court. The Court¶ has cautioned against recognition of new Bivens¶ remedies when, as here, “special factors” counsel¶ hesitation. Those special factors include the national¶ security and immigration-law aspects of this case¶ (areas in which courts traditionally defer to the¶ judgments of the elected branches), the availability of¶ alternative remedies (e.g., habeas corpus proceedings),¶ and the failure of Congress to provide an express¶ damages remedy despite its considerable focus on¶ detention-related issues arising in the course of the¶ 9/11 investigation.¶ REASONS FOR GRANTING THE PETITION¶ I. REVIEW IS WARRANTED BECAUSE THE¶ DECISION BELOW THREATENS THE¶ ABILITY OF FEDERAL OFFICIALS TO¶ AVOID THE BURDENS OF LITIGATION¶ IMPOSED BY INSUBSTANTIAL CLAIMS¶ The Court has long recognized that significant¶ burdens are imposed on government officials when¶ they are required to defend damages claims filed¶ against them in their individual capacities for actions¶ taken in connection with their employment. As the¶ Court explained in Harlow: Each such suit against high-level¶ government officials almost invariably¶ results in these officials and their¶ colleagues being subjected to extensive¶ discovery into traditionally protected¶ areas, such as their deliberations¶ preparatory to the formulation of¶ government policy and their intimate¶ thought processes and communications at¶ the presidential and cabinet levels. Such¶ discovery is wide-ranging, timeconsuming,¶ and not without considerable¶ cost to the officials involved.¶ Harlow v. Fitzgerald, 457 U.S. 800, 817 n.29 (quoting¶ Halperin v. Kissinger, 606 F.2d 1192, 1214 (D.C. Cir.¶ 1979) (Gesell, J., concurring)).¶ The burdens can be particularly pronounced¶ among officials working on national security matters,¶ where the high level of public passion can result in¶ increased levels of litigation. As Justice Stevens¶ explained:¶ The passions aroused by matters of¶ national security and foreign policy and¶ the high profile of Cabinet officers with¶ functions in that area make them “easily¶ identifiable targets for suits for civil¶ damages.” Nixon v. Fitzgerald, 457 U.S.¶ 731, 753 (1982). Persons of wisdom¶ and honor will hesitate to answer the¶ President’s call to serve in these vital¶ positions if they fear that vexatious and¶ politically motivated litigation associated with their public decisions will squander¶ their time and reputation, and sap their¶ personal financial resources when they¶ leave office. The multitude of lawsuits¶ filed against high officials in recent years¶ only confirms the rationality of this¶ anxiety.¶ Mitchell, 472 U.S. at 541-42 (Stevens, J., concurring in¶ the judgment).¶ Events proved Justice Stevens’s prescience.¶ Lawsuits seeking damages from senior Executive¶ Branch officials for actions they took regarding¶ national security matters proliferated throughout the¶ administrations of Presidents Barack Obama, George¶ W. Bush, and Bill Clinton. See, e.g., Lebron v.¶ Rumsfeld, 670 F.3d 540 (4th Cir. 2012) (suit against¶ Defense Secretaries Leon Panetta and Donald¶ Rumsfeld alleging mistreatment of military detainee);¶ Ashcroft v. Al-Kidd, 563 U.S. 731 (2011) (suit against¶ Attorney General alleging improper authorization of¶ material-witness warrants to detain terrorism¶ suspects); Gonzalez v. Reno, 325 F.2d 1228 (11th Cir.¶ 2003) (suit against Attorney General arising from¶ execution of an arrest warrant for six-year-old Elian¶ Gonzalez). A. The Qualified Immunity Doctrine¶ Was Crafted to Reduce the Burden¶ on Government Officials of¶ Defending Against Damages Claims¶ In an effort to reduce the burdens imposed by¶ such suits, the Court has crafted a qualified immunity doctrine designed to provide government officials with¶ not only a defense to liability but also an “immunity¶ from suit.” Mitchell, 472 U.S. at 526. The “driving¶ force” behind creation of the doctrine was a desire to¶ ensure that “insubstantial claims will be resolved¶ prior to discovery.” Anderson, 483 U.S. at 640 n.2. See¶ also Saucier v. Katz, 533 U.S. 194, 200 (2001) (“Where¶ the defendant seeks qualified immunity, a ruling on¶ that issue should be made early in the proceedings so¶ that the costs and expenses of trial are avoided where¶ the defense is dispositive.”).¶ Qualified immunity shields a government official¶ from liability in an individual capacity so long as the¶ official has not violated “clearly established statutory¶ or constitutional rights of which a reasonable person¶ would have known.” Harlow, 457 U.S. at 818. To¶ overcome the defense of qualified immunity the¶ plaintiff must show: (1) the facts, viewed in the light¶ most favorable to the plaintiff, demonstrate the¶ deprivation of a statutory or constitutional right; and¶ (2) the right was clearly established at the time of the¶ deprivation. Saucier, 533 U.S. at 199. Courts are¶ “permitted to exercise their sound discretion in¶ deciding which of the two prongs of the qualified¶ immunity analysis should be addressed first in light of¶ the circumstances in the particular case at hand.”¶ Pearson v. Callahan, 555 U.S. 223, 236 (2009). Amici¶ submit that review of the second prong—whether the¶ asserted right was “clearly established”—is¶ particularly warranted in this case.
The AFF ruling on qualififed immunity limits it for all officials – courts take previous rulings to apply up the executive ladder. Cornyn et al 01 (John, Andy Taylor First Assistant Attorney General Gregory S. Coleman Solicitor General Counsel of Record Lisa R. Eskow Assistant Solicitor General P.O. Box 12548 Austin, Texas 78711-2548 (512) 936-1700 Counsel for Amici Bill Pryor Attorney General of Alabama 11 South Union Street Montgomery, AL 36130 Bruce M. Botelho Attorney General of Alaska P.O. Box 110300 Juneau, AK 99811-0300 Mark Pryor Attorney General of Arkansas 323 Center St., Ste. 200 Little Rock, AR 72201 Bill Lockyer Attorney General of California 1300 1 Street, Ste. 125 P.O. Box 944255 Sacramento, CA 94244-2550 Ken Salazar Attorney General of Colorado 1525 Sherman St., 7th Fl. Denver, CO 80203 Richard Blumenthal Attorney General of Connecticut 55 Elm Street Hartford, CT 06141-0120 M. Jane Brady Attorney General of Delaware 820 N. French St. Wilmington, DE 19801 James E. Ryan Attorney General of Illinois 100 W. Randolph St., 12th Fl. Chicago, IL 60601 Richard P. Ieyoub Attorney General of Louisiana P.O. Box 94095 Baton Rouge, LA 70804-9095 J. Joseph Curran, Jr. Attorney General of Maryland 200 St. Paul Place Baltimore, MD 21202 Thomas F. Reilly Attorney General of Massachusetts One Ashburton Place Boston, MA 02108-1698 Mike Moore Attorney General of Mississippi P.O. Box 220 Jackson, MS 39205 Joseph P. Mazurek Attorney General of Montana 215 N. Sanders P.O. Box 201401 Helena, MT 59620-1401 Don Stenberg Attorney General of Nebraska 2115 State Capitol Lincoln, NE 68509 Eliot Spitzer Attorney General of New York The Capitol Albany, NY 12224 Heidi Heitkamp Attorney General of North Dakota 600 E. Boulevard Ave. Bismarck, ND 58505-0040 Betty D. Montgomery Attorney General of Ohio 30 E. Broad St., 17th Fl. Columbus, OH 43215 W.A. Drew Edmondson Attorney General of Oklahoma 2300 N. Lincoln Blvd., Ste. 112 Oklahoma City, OK 73105-4894 Hardy Myers Attorney General of Oregon 1162 Court St. N.E. Salem, OR 97310 D. Michael Fisher Attorney General of Pennsylvania 16th Fl., Strawberry Square Harrisburg, PA 17120 Charles M. Condon Attorney General of South Carolina P.O. Box 11549 Columbia, SC 29211 Mark Barnett Attorney General of South Dakota 500 East Capitol Avenue Pierre, SD 57501-5070 Paul G. Summers Attorney General of Tennessee 425 Fifth Ave., North Nashville, TN 37243 Jan Graham Attorney General of Utah 236 State Capitol Salt Lake City, UT 84114 William H. Sorrell Attorney General of Vermont 109 State Street Montpelier, VT 05609-1001 Christine O. Gregoire Attorney General of Washington 1125 Washington Street P.O. Box 40100 Olympia, WA 98504-0100 Brief of The States of Texas, Alabama, Alaska, Arkansas, California, Colorado, Connecticut,¶ Delaware, Illinois, Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nebraska, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Vermont, and Washington as Amici Curiae in Support of Petitioner) The “reasonable mistake” is one of the core tenets of qualified immunity jurisprudence. In fact, were this Court to prohibit or limit the applicability of qualified immunity and the “reasonable mistake” with respect to excessive force claims, that philosophical departure would have ripple effects beyond the excessive force context. If officers who make *21 reasonable, albeit mistaken, judgments about the necessity of force can be categorically excluded from the ambit of qualified immunity, other public employees exercising discretionary functions might fear that their immunity protections could be forfeited next. This could dissuade individuals from taking government jobs. Public servants should not have to worry that courts might make policy-based distinctions about which types of duties should be afforded immunity protections, and which should not. To transform qualified immunity into a guessing game would defeat the purpose of the doctrine. Harlow's objective legal reasonableness test was designed to strike a balance between the need to vindicate civil rights abuses and the need to promote public service and shield government officials from insubstantial civil rights claims. It is inevitable that public servants will err; and when they do, they should be secure in knowing that their errors will not subject them to liability, or suit, provided they err in a manner that is objectively reasonable. Harlow's compromise may be imperfect, but it should be preserved, as it strikes the best “balance between the evils inevitable in an available alternative.” See Harlow, 457 U.S., at 813.
Flexibility is key to fighting terror Kirchner ‘14 Richard (Rik) Kirchner, Jr. is Chief Executive Officer of KIRIK International, Inc., and Executive Director of the Institute for Surveillance and Threat Detection, a first of its kind educational center dedicated solely to the discipline of Surveillance Detection and Behavioral Detection, delivering Antiterrorism and Threat assessment, development, and implementation to High Value Target and Critical Infrastructure/Key Resource program managers for comprehensive Threat Detection programs with subject matter expertise in Hostile Surveillance, Threat Detection, and Threat Management. “Surveillance and Threat Detection: Prevention versus Mitigation.” Elsevier. 2014. https://books.google.com/books?id=NYS-AQAAQBAJandpg=PA37andlpg=PA37anddq=22search+and+seizure22+and+22prevent+terrorism22andsource=blandots=jMP5xoUYQkandsig=u-N0ufTTRfALYHgFDQ_ZNtlWgYMandhl=enandsa=Xandved=0ahUKEwiO94Lu0rHQAhVnrVQKHW63AW8Q6AEISjAJ#v=onepageandq=22search20and20seizure2220and2022prevent20terrorism22andf=false JJN While counterterrorism and terrorism prevention are concepts traditionally associated with our nation’s intelligence agencies, there are many basic avenues law enforcement can take in fighting terrorism. Simply keeping an eye out for indicators of preincident planning is integral to counterterrorism efforts nationwide. Patriot Act provisions assist law enforcement efforts greatly by facilitating more efficient terrorist monitoring and probable cause development. Finally, familiarization with state and federal law pertaining to the prevention of terrorist attacks is an absolute must. Terrorism presents a challenge to law enforcement as it requires police to act proactively against crimes (terrorist acts) that, in many cases, have not yet been committed. If the police wait, as they do traditionally, to react to terrorist crimes after they are committed, then the roles of the police are that of a first responder and an investigator. The public, however, expects police to deal with terrorism differently. This is mainly because crimes such as rape, theft, robbery, and even murder target the individual while terrorism targets the public. As such, the public demands that the police act to prevent terrorism before it becomes a criminal reality. Police officers are given the rights to search and seizure based on probable cause (Terry vs Ohio) and to stop a person for inquiry based on reasonable suspicion. These rights were afforded to officers in order to help them prevent a crime that they believe is about to occur. To prove a crime, officers need to find evidence. However, when it comes to terrorism, evidence and weapons are not always there to find even at the execution of the attack. Let’s consider 9/11 and assume for a minute that the terrorists would have been caught prior to boarding the planes. Would we have had the foresight to articulate probable cause based on the terrorists’ behavior and, if so, would we have regarded their box cutters as weapons (evidence) for a possible hijacking? Probably not. In order to reach reasonable suspicion, officers must rely on their training and experience to come up “with an articulable and particularized belief that criminal activity is afoot” Orleans vs United States, 517 U.S. 690 696 (1996) Illinois vs Gates, 462 U.S at 235. To be able to articulate terrorism-related reasonable suspicion, officers must be trained and gain experience in terrorism methods of operations. In other words, officers must be able to look at a situation or activity (suspicion) and have the capability to explain what they are seeing through their terrorist eyes. Officers are not trained (or not having the experience) in doing offensive surveillance, building a bomb or developing a terrorist plan among other things, will never be able to explain what they see as a terrorism-related reasonable cause. As in the case of reasonable suspicion, to develop probable cause, officers need to fall back on their training and experience in order to describe “known facts and circumstances that are sufficient to warrant a man of reasonable prudence in the belief that contraband or evidence of a crime will be found” Orleans vs United States, 517 U.S. 690 696 (1996) Illinois vs Gates, 462 U.S. at 213,238 (1983). Finding bombs and terrorist weapons is a difficult task, as almost anything can be used as a weapon and bombs appear in countless shapes and forms. In order to develop a terrorist-related probable cause, officers need to rely more on information provided by the suspect than on tangible evidence. To obtain this information, officers must utilize different questioning techniques then those used when interviewing suspected criminals. Approaching the suspect from a “law enforcement” angle will probably not work because the suspect has yet to have broken the law in the case of identifiable reasonable suspicion and probable cause . Moreover, cooperation and information are needed to establish probable cause or refuse the reasonable suspicions found. Asking for an ID and checking the suspect’s criminal record are unlikely to help the officer because most terrorist avoid criminal activities and their records are therefore clean. The key to success lies in open-ended, public service-oriented and inquisitive questioning geared toward refuting reasonable suspicions. In essence, the questioning that the officer conducts should resemble that of a receptionist asking politely about the intentions of a visitor entering a building and not that of an officer who has just pulled over a person for speeding recklessly on the highway.
A single coordinated attack escalates and kills billions Myhrvold 2014 Myhrvold 2014 (Nathan P chief executive and founder of Intellectual Ventures and a former chief technology officer at Microsoft; Strategic Terrorism: A Call to Action; cco.dodlive.mil/files/2014/04/Strategic_Terrorism_corrected_II.pdf; kdf) Technology contains no inherent moral directive—it empowers people, whatever their intent, good or evil. This has always been true: when bronze implements supplanted those made of stone, the ancient world got scythes and awls, but also swords and battle-axes. The novelty of our present situation is that modern technology can provide small groups of people with much greater lethality than ever before. We now have to worry that private parties might gain access to weapons that are as destructive as—or possibly even more destructive than— those held by any nation-state. A handful of people, perhaps even a single individual, could have the ability to kill millions or even billions. Indeed, it is possible, from a technological standpoint, to kill every man, woman, and child on earth. The gravity of the situation is so extreme that getting the concept across without seeming silly or alarmist is challenging. Just thinking about the subject with any degree of seriousness numbs the mind. The goal of this essay is to present the case for making the needed changes before such a catastrophe occurs. The issues described here are too important to ignore. Failing nation-states—like North Korea—which possess nuclear weapons potentially pose a nuclear threat. Each new entrant to the nuclear club increases the possibility this will happen, but this problem is an old one, and one that existing diplomatic and military structures aim to manage. The newer and less understood danger arises from the increasing likelihood that stateless groups, bent on terrorism, will gain access to nuclear weapons, most likely by theft from a nation-state. Should this happen, the danger we now perceive to be coming from rogue states will pale in comparison. The ultimate response to a nuclear attack is a nuclear counterattack. Nation states have an address, and they know that we will retaliate in kind. Stateless groups are much more difficult to find which makes a nuclear counterattack virtually impossible. As a result, they can strike without fear of overwhelming retaliation, and thus they wield much more effective destructive power. Indeed, in many cases the fundamental equation of retaliation has become reversed. Terrorists often hope to provoke reprisal attacks on their own people, swaying popular opinion in their favor. The aftermath of 9/11 is a case in point. While it seems likely that Osama bin Laden and his henchmen hoped for a massive overreaction from the United States, it is unlikely his Taliban hosts anticipated the U.S. would go so far as to invade Afghanistan. Yes, al-Qaeda lost its host state and some personnel. The damage slowed the organization down but did not destroy it. Instead, the stateless al-Qaeda survived and adapted. The United States can claim some success against al-Qaeda in the years since 9/11, but it has hardly delivered a deathblow. Eventually, the world will recognize that stateless groups are more powerful than nation-states because terrorists can wield weapons and mount assaults that no nationstate would dare to attempt. So far, they have limited themselves to dramatic tactical terrorism: events such as 9/11, the butchering of Russian schoolchildren, decapitations broadcast over the internet, and bombings in major cities. Strategic objectives cannot be far behind.
Trump responds with Nukes in the Middle East against ISIS. Borgwardt 3/31
Donald Trump’s March 21 interview with the Washington Post editorial board should make every potential voter’s blood run cold. After noting that ISIS should be knocked out flat, yet indicating that large numbers of U.S. troops should not be involved, Mr. Trump suggested that it was better to be “unpredictable” in the face of U.S. enemies, before twice dodging a question about whether he would advocate the use of tactical nuclear weapons against ISIS. (To be fair, the interview transcript indicates that much more time was spent discussing Mr. Trump’s hand size than anything to do with nuclear weapons.)¶ All this was before the attacks in Belgium; my sense is that a 9/11-style attack on U.S. soil would mean that any remaining restraints to the use of weapons of mass destruction—including nuclear weapons—would likely be swiftly swept aside.¶ General Douglas MacArthur had notoriously floated the idea of using nuclear weapons against China in the Korean conflict (1950-53) when he was concerned about Chinese moves to support North Korean aggression. In posthumously published interviews, MacArthur said that he could have won the war in ten days: “I would have dropped 30 or so atomic bombs … strung across the neck of Manchuria. For at least 60 years there could have been no land invasion of Korea from the North.”¶ Part of MacArthur’s logic was that the United States would have needed to fight communist China eventually, so it would be best to nuke them while they were still weak, recovering from World War II and the Chinese Revolution (1949), as opposed to fighting them later after they had become much stronger. “That makes sense to me!” opined a Trump backer with whom I recently spoke on this topic. And yet, I offered, most Americans today are probably pretty happy that we didn’t use nuclear weapons against China in the Korean war, or would be if they knew anything about that historical interlude. “I guess,” he said. “But why not press your advantage when you have one?”¶ I offer this example because my sense is that in a putative Trump administration, “the gloves would be off” and all barriers—including public opinion—to the first use of various kinds of weapons of mass destruction would likely be at an all-time low. Bruce Cumings, the leading U.S. historian of Korea, has commented on the MacArthur incident in an analysis from back in 2004. Cumings noted that “MacArthur sounds like a warmongering lunatic” for advocating the use of nuclear weapons, but also explained that, astonishing as it might seem, the general actually had some support for his outlandish proposal. Cumings also noted that MacArthur’s conduct, quite appropriately, contributed to the celebrated war hero’s dismissal by President Truman. But that was then.
Use of nukes in the ME causes extinction. Russel 9
Russell 9 – Senior Lecturer in the Department of National Security Affairs @ Naval Postgraduate School ¶ James, “Strategic Stability Reconsidered: Prospects for Nuclear War and Escalation in the Middle East,” Online
Strategic stability in the region is thus undermined by various factors: (1) asymmetric interests in the bargaining framework that can introduce unpredictable behavior from actors; (2) the presence of non-state actors that introduce unpredictability into relationships between the antagonists; (3) incompatible assumptions about the structure of the deterrent relationship that makes the bargaining framework strategically unstable; (4) perceptions by Israel and the United States that its window of opportunity for military action is closing, which could prompt a preventive attack; (5) the prospect that Iran’s response to pre-emptive attacks could involve unconventional weapons, which could prompt escalation by Israel and/or the United States; (6) the lack of a communications framework to build trust and cooperation among framework participants. These systemic weaknesses in the coercive bargaining framework all suggest that escalation by any the parties could happen either on purpose or as a result of miscalculation or the pressures of wartime circumstance. Given these factors, it is disturbingly easy to imagine scenarios under which a conflict could quickly escalate in which the regional antagonists would consider the use of chemical, biological, or nuclear weapons. It would be a mistake to believe the nuclear taboo can somehow magically keep nuclear weapons from being used in the context of an unstable strategic framework. Systemic asymmetries between actors in fact suggest a certain increase in the probability of war – a war in which escalation could happen quickly and from a variety of participants. Once such a war starts, events would likely develop a momentum all their own and decision-making would consequently be shaped in unpredictable ways. The international community must take this possibility seriously, and muster every tool at its disposal to prevent such an outcome, which would be an unprecedented disaster for the peoples of the region, with substantial risk for the entire world.
12/3/16
NovDec - DA - TPP
Tournament: Apple Valley | Round: 4 | Opponent: Harrison MZ | Judge: Nicole Neva TPP is predicted to pass, but there’s no time to waste. Mitchell ‘11/2 Peter Mitchell - AAP US Correspondent, Australian Associated Press. “US: White House bullish on TPP passing.” News.com.au. November 2, 2016. http://www.news.com.au/world/breaking-news/us-white-house-bullish-on-tpp-passing/news-story/66aaccb30c94f3301f95fa652040190f JJN US President Barack Obama's top Trans-Pacific Partnership negotiator has bullishly predicted the trade deal will be approved by Congress after next week's presidential election if congressional leaders bring it up for a vote. Michael Froman also warned if Congress does not ratify the 12-nation free trade proposal Australia, China and other nations will swoop in and steal markets from the US in the Asia-Pacific. "It's up to the congressional leadership to decide to bring it forward," Mr Froman told CNBC on Tuesday. "If they bring it forward I think we can get the votes there." Presidential frontrunners Hillary Clinton and Donald Trump both oppose the TPP and members of Congress, many who are also up for re-election next Tuesday, have been reluctant to show public support for the contentious trade pact. Mr Obama and Mr Froman are hoping the the anti-trade sentiment will recede after the election and members of Congress will be willing to ratify it before Mr Obama moves out of the White House in January. "I think the key thing is the rest of the world isn't standing by whether it is China negotiating its own trade agreements or the EU, Canada or Australia or others, they are going to move ahead and get access to these markets at our expense," Mr Froman said. "Our market share is actually in decline in some of these important, fast growing and large markets so it is awfully important we show leadership." The TPP signatories are: Australia, the US, New Zealand, Japan, Malaysia, Vietnam, Singapore, Brunei, Canada, Mexico, Chile and Peru.
TPP is top of Obama’s priorities, PC is key. Creighton ‘10/27 Adam Creighton – economics correspondent Washington. “Hope for TPP as Obama administration works the phones.” The Australian Business Review. October 27, 2016. http://www.theaustralian.com.au/business/economics/hope-for-tpp-as-obama-administration-works-the-phones/news-story/8ce5e112900eb06ca2bb0711d3aa16ce JJN The world’s biggest free trade deal, the Trans-Pacific Partnership, which Australian officials have written off as a casualty of a fierce anti-trade backlash in the US, has an almost even chance of success in Congress, according to people familiar with the matter in Washington DC. The Obama administration has been hitting the phones and sending cabinet ministers to remote US towns in an unprecedented bid to persuade Congress to pass the controversial Asia-Pacific trade deal among 12 countries. Both Hillary Clinton and Donald Trump have repudiated the deal. The former top economics adviser to Vice-President Joe Biden, Jared Bernstein, said the chance the TPP would be passed after November 8 but before the new president took office was almost 50 per cent, offering hope for the deal signed by the Turnbull government and 11 other nations in February, which frees up trade and investment across 40 per cent of the world’s GDP. “I think the probability is a lot higher than conventional wisdom on the street; I’d give it a 45 per cent chance,” said Mr Bernstein. He said President Obama would certainly send the deal to Congress whoever won the election. “What’s interesting is just how (hard) the administration is working it … full-court press behind the scenes,” he said. “More than on healthcare, more than on stimulus, more than on financial reform: it’s remarkable,” added Lori Wallach, director of Public Citizens Global Trade Watch. She said cabinet ministers had been traipsing the country trying to convince wavering Congressmen. “They are working the phones to a degree that actually is really interesting; cabinet secretary folks are once or twice a week since April calling House members who they might have any kind of chance with,” she added. “The odds of stopping it are slightly better, but it’s close.” Ambassador Joe Hockey and visiting Turnbull government ministers have been strenuously promoting the TPP in Washington, but confidence that the deal — which is also being sold as a way to entrench US and Australian commercial norms in a region increasingly dominated by China — will pass has dwindled significantly. Consonant with the mix of confected and genuine dissatisfaction with the TPP that permeates Republican and Democrat ranks in Congress, Republican congressman Kevin Brady earlier told The Australian the deal wouldn’t pass without additional protections for intellectual property, which Australia has publicly ruled out. Ms Wallach and Mr Bernstein, now at the Centre for Budget Priorities, by contrast argued the TPP deal had been captured by US corporate interests, and should be renegotiated to pare back the extra patent and intellectual property protections demanded by the US on behalf of its pharmaceutical industry. They also want to see clauses outlawing currency manipulation and removing investor-state dispute clauses that potentially limit governments’ freedom to make policies that damage foreign commercial interests. The TPP would be the first trade agreement to be rejected by Congress. If it doesn’t pass in the “lame duck” session — before the new house, senate and president are in place — it will be very unlikely the US would begin new trade negotiations given the febrile environment. Republican presidential candidate Donald Trump has made rewriting or rescinding US trade agreements the centrepiece of his economic strategy. “One of the reasons it’s 45 per cent (chance of success) and not 25 per cent is because … the undecideds are getting much more pressure from the administration than from (labour groups),” said Mr Bernstein. “Democrat and Republican elites have literally for decades ignored the costs of trade.”
Court decisions are politicized – spur debate in Congress and reflects on Obama. Zeleny ‘10 Jeffrey Dean Zeleny is the senior Washington correspondent for CNN. “Political Fallout From the Supreme Court Ruling.” The Caucus, The Politics and Government Blog of the NY Times. January 21, 2010. http://thecaucus.blogs.nytimes.com/2010/01/21/political-fallout-from-the-supreme-court-ruling/ JJN Today’s ruling upends the nation’s campaign finance laws, allowing corporations and labor unions to spend freely on behalf of political candidates. With less than 11 months before the fall elections, the floodgates for political contributions will open wide, adding another element of intrigue to the fight for control of Congress. At first blush, Republican candidates would seem to benefit from this change in how political campaigns are conducted in America. The political environment – an angry, frustrated electorate seeking change in Washington – was already favoring Republicans. Now corporations, labor unions and a host of other organizations can weigh in like never before. But the populist showdown that was already brewing – President Obama on Thursday sought to limit the size of the nation’s banks – will surely only intensify by the Supreme Court’s ruling. The development means that both sides will have even louder megaphones to make their voices and viewpoints heard. Mr. Obama issued a statement – a rare instance of a president immediately weighing in on a ruling from the high court – and said his administration would work with Congressional leaders “to develop a forceful response to this decision.” “With its ruling today, the Supreme Court has given a green light to a new stampede of special interest money in our politics,” Mr. Obama said. “It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans.” Republicans, of course, hailed the ruling as a victory for the First Amendment. “I am pleased that the Supreme Court has acted to protect the Constitution’s First Amendment rights of free speech and association,” said Senator John Cornyn of Texas, chairman of the National Republican Senatorial Committee. “These are the bedrock principles that underpin our system of governance and strengthen our democracy.” Democrats, not surprisingly, said the ruling would be bad for democracy. “Giving corporate interests an outsized role in our process will only mean citizens get heard less,” said Senator Robert Menendez of New Jersey, chairman of the Democratic Senatorial Campaign Committee. “We must look at legislative ways to make sure the ledger is not tipped so far for corporate interests that citizens voices are drowned out.”
Solves multiple extinction scenarios. Morimoto ‘15 Andy Morimoto is a research associate at The Chicago Council on Global Affairs. “The Strategic Costs of TPP Failure.” The Diplomat. August 22, 2015. http://thediplomat.com/2015/08/the-strategic-costs-of-tpp-failure/ JJN The Trans-Pacific Partnership is in trouble. Trade ministers failed last month to conclude the massive 12-nation trade deal by their hoped-for summer deadline, putting negotiations in danger of collapse. This is a problem. Trade advocates argue that letting the TPP die would be a significant lost opportunity for the global economy. But there’s a potentially bigger problem here – one that may have serious consequences for both U.S. national security and regional stability in the Asia-Pacific. Just consider the strategic backdrop against which last month’s negotiations occurred. Maritime disputes flaring across the South China Sea. Tensions rising between Beijing and Tokyo. Perennial friction between China and Taiwan and a growing nuclear stockpile in North Korea. If the TPP falls through, it could greatly hurt the America’s ability to stabilize the fraught geopolitics of Asia. Some have argued that a TPP failure would be a net positive for regional stability. The deal, they claim, would isolate and provoke China, and should therefore be abandoned. But this view is blinkered. Given the high trade volumes and trade arrangements across the Asia-pacific, China stands very little chance of being isolated. Moreover, Chinese officials have other ventures on their minds. According to He Weiwen, a former Chinese Commerce Ministry official, “the Chinese are more or less neutral because we have our own agenda, pushing forward ASEAN plus six and the Silk Road.” In fact, there are a number of reasons to believe that the opposite is true: that a TPP failure will cause a number of strategic problems for the U.S. in the Asia-Pacific. First, failure would mean stunting the growth of America’s Pacific partners. This is problematic for two reasons. Most importantly, fewer states would be devoting fewer resources to meet shared challenges like counterterrorism and climate change. In addition, as countries get richer and more interdependent, they become more invested in the well-being of their neighbors. And while free trade, interdependence, and prosperity do not guarantee stability and peace (see: World War I), they do create conditions that make conflict less appealing. Second, failure would create more potential for instability and crises. Consider a hypothetical scenario in which China and one of its neighbors along the South China Sea (say, Vietnam) get into a serious spat over territorial claims. With the TPP, this spat would be less likely to escalate into a full-blown crisis, as China understands that the U.S. is more inclined to intervene in situations that threaten its growing trade interests. Without the TPP, there is less clarity about U.S. resolve, so the potential for miscalculation and escalation increases. Third, failure would send a strong signal that the U.S. no longer has the political will to lead in the region. This would come at a time when allies are already uncertain of U.S. commitments. Earlier this week, for example, Japan’s trade minister expressed disappointment in last month’s trade meetings, saying “every TPP country wondered why the U.S. was quick to give up the conclusion without its usual relentless persistence.” If the U.S. allows negotiations to collapse, it would demonstrate the Obama administration’s declaration – that the U.S. is “all in, when it comes to the Asia-Pacific” – to be hollow. This has important geopolitical implications. If Asia’s great powers perceive the U.S. to be unserious about its role in the region, this will increase the incentive for the powerful regional states (i.e. China and Japan) to jockey with one another for regional hegemony. Finally, failure would be a missed opportunity for the U.S. economy – and America’s ability to project strength abroad rests on its economic foundation at home. According to an analysis from the Peterson Institute, U.S. income gains under the TPP would be significant, potentially adding $59 billion per year by 2020. Failing to conclude the TPP would forego these potential gains, and would make it more difficult for the U.S. to stem the defense cuts put in place by the sequester and invest in our military presence in the Asia-Pacific. The Nobel Prize winning economist Thomas Schelling noted that “trade is what most of international relations are about. For that reason trade policy is national security policy.” Today, U.S. trade policy – and indeed, its national security policy – are in danger of falling apart. Getting something as big and complicated as the TPP across the line won’t be easy. But given the smoldering flashpoints across Asia, the U.S. can hardly afford to squander any tools in its foreign policy toolkit. The stakes are too high.
Regional hegemony is key to stop nuke war. Rudd 11
THE GEO-STRATEGIC RAMIFICATIONS But as nations change, so too do relations between nations. The emergence of new powers inevitably brings new strategic complexity, as the power relativities of the 20th century give way to the new ones. Asia will be vulnerable to a host of strategic uncertainties, arising from the need for new powers to integrate into the global economic and political order, and for the established powers to accommodate them. The potential for misunderstanding — and the consequences of miscalculation — is also vast. Tensions like those we see in the South China Sea, the East China Sea, the Korean Peninsula and the Persian Gulf may become even more difficult to manage. Make no mistake: these aren’t just regional problems. Questions about the future of the South China Sea touch on every regional country’s future, given their global strategic and economic significance. This theme isn't new, but what I can tell you about this strategic shift is that we — Australia and the United States — will face it as allies. Sure, there is the possibility of instability in our region. But we've faced the possibility of conflict — and actual conflict — together in the past. Many different tests, circumstances and challenges have put the acid to our alliance since the ANZUS treaty was signed, 60 years ago. We've been reminded again that the only time the ANZUS treaty has been formally invoked was ten years ago this week — in response to the attacks on September 11. But military and intelligence cooperation with the US continues across a wide range of theatres within the framework of the Alliance. Here in San Francisco — where the ANZUS treaty was signed, all those years ago — I'm reminded that Australian and American servicemen and women have fought, flown, sailed and — I'm reliably informed — surfed together since the Pacific War. Today, that Alliance continues to grow in meaning and intensity. We are fighting together in Afghanistan; working together against global threats like piracy; and responding together to natural disasters across the region. For us, for our relationship, the end of the Cold War hasn’t meant a downgrading of the importance of our Alliance — if anything, it’s become more intense and more important. So as we face the challenges of the 21st Century — the challenges of the shift of power to Asia — we will do so together. We’re working together to ensure our forces are aligned in the right way to provide for the national security of our two countries, and to help us shape the emerging regional environment. Our forces have to be able to respond to the range of contingencies that can arise in our region, including humanitarian assistance and disaster relief. Increasingly, we aren’t just working with each other, but with other regional players. I'm not just talking about the Pacific, or the Asia-Pacific. The critical region for our future now extends to include the Indian Ocean as well. The growing strategic importance of the Indian Ocean starts with India's rise. India is the largest democracy in the world. Forecast to be the third largest economy in the world in coming decades, it is in the interest of both the United States and Australia for India to play the role of a major international power. For now, India’s focus remains South Asia. But its strategic weight is increasing with its increasing economic size and strength. India is increasingly looking east with interest, both for strategic and economic reasons, and because of long-standing cultural connections. But the importance of the Indian Ocean also lies in its unique role in maritime security and sea lines of communication for a much larger group of economies, both in Europe and Asia. Lying between the Middle East energy sources and the dynamic global engine room of Asia, its importance grows with each passing year. The pressures on the Gulf and West Indian Ocean choke points will intensify, as India grows and East Asian centres of growth remain reliant on Gulf energy and African resources. In the 21st Century, questions of resource, energy and food security are becoming more vital than ever. As Robert Kaplan says, the Indian Ocean is once again at the heart of the world, as it was in ancient and medieval times. THE ROLE OF THE UNITED STATES The United States has been a guarantor of security and economic prosperity in the Asia-Pacific for decades. But the 21st Century will demand more. As the world changes, it's even more critical that the US builds its engagement with our region. As the United States transitions back from tough and unforgiving wars in Iraq and Afghanistan, it might seem tempting to resist the case for further international engagement. President Obama has already rightly intensified US involvement with East Asia. It remains the case, in one way or another, that the United States is vital in solving common problems collectively. No other power is able or willing to support essential global public goods — like the free movement of trade, capital and people around the world. Sea-lane security, regional security in critical regions like the Gulf, open markets, the reserve currency, deep and liquid capital markets — who else provides these global public goods? America has faced these questions before. On the eve of entry into World War II, Henry Luce's seminal editorial in Life magazine on the American Century was much more than a statement about relative power, as America assumed its position in the new order. It was a call for American leadership in international affairs. It is in America’s interest and the world’s interest to provide that leadership — because in its absence, the risks grow that we will see destabilisation that threatens us all. The interdependence of our economies has been shown clearly by the financial crisis, and a collapse in the conditions for open trade would be an economic disaster for all trading nations. I share President Obama's view that America can neither retreat from "responsibility as an anchor of global security" nor "confront... every evil that can be found abroad". But President Obama talked of the need for a "more centered course" — and that lies in a deep US engagement in Asia. I believe the vast majority of the countries of Asia welcome that continued and expanded American strategic role in our hemisphere. As Indonesia’s President Yudhoyono said in November 2008, as the financial crisis was wreaking havoc upon us, “none of these global challenges can be addressed by the world community without having America onboard. And conversely, none of these issues can be resolved by the United States alone.” And as Lee Kuan Yew said a year later, “the consensus in ASEAN is that the US remains irreplaceable in East Asia.” In the 21st Century, the US needs substantial, sophisticated, nimble engagement in the region.
11/5/16
NovDec - K - Cap
Tournament: Glenbrooks | Round: 2 | Opponent: New Trier | Judge: Lauren Burt Capitalism is at a crisis point – Trump in the white house has put American society on a collision course and the political has already been ceded to the far right. The only solution is an unflinching critique of neoliberalism. Hedges 11/11 Chris Hedges Chris Hedges, whose column is published weekly on Truthdig, has written 11 books, including the New York Times best seller “Days of Destruction 11/11/16 It’s Worse Than You Think http://www.truthdig.com/report/page2/its_worse_than_you_think_20161111
The affirmative’s legalistic approach to police violence brings us further away from recognizing the economic forces at work that makes police violence inevitable. Lane 7/21. ALYCEE LANE JULY 21, 2016 “Violence, Death and Our Neoliberal Police” http://www.counterpunch.org/2016/07/21/violence-death-and-our-neoliberal-police/
Blaming violence on ‘bad individual’s through civil suits replicates neoliberalism – it deflects blame on to individuals whose actions are predetermined by neoliberalism. Smith 15 Robert C. Smith The author of several books and over 100 academic articles, Robert is a Teaching-Scholar at the Cooperative Institute of Transnational Studies. He is also the founder of Heathwood Institute and PressHeathwood Institute and Press¶ AN INSTITUTION OF OPPRESSION OR FOR PUBLIC WELL-BEING AND CIVIL RIGHTS? REFLECTIONS ON THE INSTITUTION OF POLICE AND A RADICAL ALTERNATIVE May 4, 2015¶ http://www.heathwoodpress.com/an-institution-of-oppression-or-for-public-well-being-and-civil-rights-reflections-on-the-institution-of-police-and-a-radical-alternative-r-c-smith/
Our critique independently outweighs the case - neoliberalism causes extinction and massive social inequalities – the affs single issue legalistic solution is the exact kind of politics neolib wants us to engage in so the root cause to go unquestioned. Farbod 15 ( Faramarz Farbod , PhD Candidate @ Rutgers, Prof @ Moravian College, Monthly Review, http://mrzine.monthlyreview.org/2015/farbod020615.html, 6-2)
The alternative is an embrace of class-consciousness as a method of critiquing neoliberalism’s grip on policing. LaVenia 15 Peter A. LaVenia PhD in Political Science from the University at Albany, SUNY. He is the Secretary of the NY State Green Party and manages Matt Funiciello’s campaign for Congress. JANUARY 16, 2015 “Police Behavior and Neoliberalism” http://www.counterpunch.org/2015/01/16/police-behavior-and-neoliberalism/
The role of the judge is to be a critical analyst testing whether the underlying assumptions of the AFF are valid. This is a question of the whether the AFF scholarship is good – not the passage of the plan.
First, neoliberalism sustains itself by operating by propagating a narrow lens of what it means to be ‘political.’ We situate the judge as a critical educator who steps back to evaluate the frames through which we view policy first. Blalock, JD, 2015 (Corinne, “NEOLIBERALISM AND THE CRISIS OF LEGAL THEORY”, Duke University, LAW AND CONTEMPORARY PROBLEMS Vol. 77:71) MG from file
Second, the knowledge claims of the AC are the jumping off point for the debate – our framework provides a more reasonable neg burden. When a student turns in an F paper, no teacher has an obligation to write an entirely new paper to show it was bad – pointing out major academic deficiencies would justify failing the paper – the ballot asks who did the better debating, so if their analysis is wrong, they haven’t.
Third, serial policy failure – policing is about culture. A refusal to stop and recognize the cultural underpinnings of the AFF dooms repeating the same failed policies that created the problem. . Smith 15 Robert C. Smith The author of several books and over 100 academic articles, Robert is a Teaching-Scholar at the Cooperative Institute of Transnational Studies. He is also the founder of Heathwood Institute and PressHeathwood Institute and Press¶ AN INSTITUTION OF OPPRESSION OR FOR PUBLIC WELL-BEING AND CIVIL RIGHTS? REFLECTIONS ON THE INSTITUTION OF POLICE AND A RADICAL ALTERNATIVE May 4, 2015¶ http://www.heathwoodpress.com/an-institution-of-oppression-or-for-public-well-being-and-civil-rights-reflections-on-the-institution-of-police-and-a-radical-alternative-r-c-smith/
11/19/16
SeptOct - CP Cold Fussion
Tournament: Holy Cross | Round: Octas | Opponent: Prosper EH | Judge: panal CP Text: Governments ought to ban nuclear power except cold fusion technology, and should significantly invest in research and development of cold fusion.
Governmental agencies are developing cold fusion now – it’s the immediate future fo energy and is feasible. Anthony 13
Sebastian Anthony, NASA’s cold fusion tech could put a nuclear reactor in every home, car, and plane, Extreme Tech, 2/22/13. NS
The cold fusion dream lives on: NASA is developing cheap, clean, low-energy nuclear reaction (LENR) technology that could eventually see cars, planes, and homes powered by small, safe nuclear reactors. When we think of nuclear power, there are usually just two options: fission and fusion. Fission, which creates huge amounts of heat by splitting larger atoms into smaller atoms, is what currently powers every nuclear reactor on Earth. Fusion is the opposite, creating vast amounts of energy by fusing atoms of hydrogen together, but we’re still many years away from large-scale, commercial fusion reactors. (See: 500MW from half a gram of hydrogen: The hunt for fusion power heats up.) LENR is absolutely nothing like either fission or fusion. Where fission and fusion are underpinned by strong nuclear force, LENR harnesses power from weak nuclear force — but capturing this energy is difficult. So far, NASA’s best effort involves a nickel lattice and hydrogen ions. The hydrogen ions are sucked into the nickel lattice, and then the lattice is oscillated at a very high frequency (between 5 and 30 terahertz). This oscillation excites the nickel’s electrons, which are forced into the hydrogen ions (protons), forming slow-moving neutrons. The nickel immediately absorbs these neutrons, making it unstable. To regain its stability, the nickel strips a neutron of its electron so that it becomes a proton — a reaction that turns the nickel into copper and creates a lot of energy in the process. The key to LENR’s cleanliness and safety seems to be the slow-moving neutrons. Whereas fission creates fast neutrons (neutrons with energies over 1 megaelectron volt), LENR utilizes neutrons with an energy below 1eV — less than a millionth of the energy of a fast neutron. Whereas fast neutrons create one hell of a mess when they collide with the nuclei of other atoms, LENR’s slow neutrons don’t generate ionizing radiation or radioactive waste. It is because of this sedate gentility that LENR lends itself very well to vehicular and at-home nuclear reactors that provide both heat and electricity. According to NASA, 1 of the world’s nickel production could meet the world’s energy needs, at a quarter of the cost of coal. NASA also mentions, almost as an aside, that the lattice could be formed of carbon instead of nickel, with the nuclear reaction turning carbon into nitrogen. “You’re not sequestering carbon, you’re totally removing carbon from the system,” says Joseph Zawodny, a NASA scientist involved with the work on LENR. So why don’t we have LENR reactors yet? Just like fusion, it is proving hard to build a LENR system that produces more energy than the energy required to begin the reaction. In this case, NASA says that the 5-30THz frequency required to oscillate the nickel lattice is hard to efficiently produce. As we’ve reported over the last couple of years, though, strong advances are being made in the generation and control of terahertz radiation. Other labs outside of NASA are working on cold fusion and LENR, too: “Several labs have blown up studying LENR and windows have melted,” says NASA scientist Dennis Bushnell, proving that “when the conditions are ‘right’ prodigious amounts of energy can be produced and released.” I think it’s still fairly safe to say that the immediate future of power generation, and meeting humanity’s burgeoning energy needs, lies in fission and fusion (See: Nuclear power is our only hope.) But who knows: With LENR, maybe there’s hope for cold fusion yet.
Cold fusion tech is rapidly advancing and nearly ready for commercial use. Bailey 15
Bailey and Borwein 15 David H. Bailey (Lawrence Berkeley National Lab (retired) and University of California, Davis) and Jonathan Borwein (Laureate Professor of Mathematics, University of Newcastle, Australia) “Cold Fusion Heats Up: Fusion Energy and LENR Update” The Huffington Post August 28th 2015 http://www.huffingtonpost.com/david-h-bailey/post_10010_b_8052326.html. NS
Yet lately a few research teams at universities, national laboratories and private corporations are reporting notable progress, as we briefly reported in two earlier HuffPost articles (#1 and #2). Here is an update on these projects, plus another report that just appeared in the last few days. The U.S. aerospace firm Lockheed Martin plans to build a 100-megawatt nuclear fusion reactor only about 2 meters by 3 meters (seven feet by 10 feet) in size, i.e., small enough to fit on the back of a large truck. They claim that the first reactors of this design could be ready for commercial use in just ten years. Sadly, no technical details are yet available, and so the scientific community has no way of assessing the merits of their approach. The “new kid on the block” is Tri Alpha Energy, which has been pursuing a hot fusion reactor at a secretive facility in California. They have now reported constructing a prototype machine that can heat a plasma of hydrogen fuel to 10 million degrees Celsius, then confine it for 5 milliseconds. They employ what they call a “field-reversed configuration,” which has been known since the 1960s, but until now has never been able to confine the plasma more than a fraction of a millisecond. Another firm pursuing hot fusion is Energy/Matter Conversion Corporation in San Diego, California. Low Energy Nuclear Reaction (LENR) projects Most scientists believe that “cold fusion” died in 1989, when researchers were unable to reproduce the claims of Fleischmann and Pons of the University of Utah. At least one observer referred to cold fusion as the scientific fiasco of the 20th century. Yet in spite of this criticism, a few researchers have pressed forward, and in the past year or two have attracted significant positive attention, referring to their work as “Low Energy Nuclear Reaction” (LENR) technology. One private firm in the area is Brillouin Energy Corp. of Berkeley, California, where researchers are developing what they term a controlled electron capture reaction (CECR) process. In their experiments, ordinary hydrogen is loaded into a nickel lattice, and then an electronic pulse is passed through the system, using a proprietary control system. They claim that their device converts H-1 (ordinary hydrogen) to H-2 (deuterium), then to H-3 (tritium) and H-4 (quatrium), which then decays to He-4 and releases energy. They report that they have confirmed H-3 production in their process. Additional technical details are given at the Brillouin Energy website, and in a patent application. Their patent application reads, in part, “Embodiments generate thermal energy by neutron generation, neutron capture, and subsequent transport of excess binding energy as useful heat for any application.” Rossi and Industrial Heat, LLC Perhaps the most startling (and most controversial) report is by an Italian-American engineer-entrepreneur named Andrea Rossi. Rossi claims that he has developed a tabletop reactor that produces heat by an as-yet-not-fully-understood LENR process. Rossi has gone well beyond laboratory demonstration; he claims that he and the private firm Industrial Heat, LLC of Raleigh, North Carolina, USA, have actually installed a working system at an (undisclosed) commercial customer’s site. According to Rossi and a handful of others who have observed the system in operation, it is producing 1 MWatt continuous net output power, in the form of heat, from a few grams of “fuel” in each of a set of modest-sized reactors in a network. The system has now been operating for approximately six months, as part of a one-year acceptance test. Rossi and IH LLC are in talks with Chinese firms for large-scale commercial manufacture. Several “reliable sources” have visited Rossi’s commercial site, and have verified that the system is working as claimed, as evidenced, for example, by the customer’s significantly reduced electric bills. On the downside, from a scientific point view, Rossi’s work leaves much to be desired, to say the least. Rossi remains tight-lipped as to technical details, preferring to protect his company’s intellectual property through silence. However, a few details have now come to light. For example, Rossi was just granted a patent by the U.S. Patent Office. The patent includes some heretofore unknown details, such as the contents of the “fuel” in Rossi’s reactors: it is a powder of 50 nickel, 20 lithium and 30 lithium aluminum hydride. Replications of Rossi’s work Given that Rossi has been unwilling to divulge many details, several other research teams have been working largely independently with similar experimental designs. In October 2014, a team of Italian and Swedish researchers released a paper entitled Observation of abundant heat production from a reactor device and of isotopic changes in the fuel. This paper claimed substantial power output, with a “coefficient of performance” (ratio of output heat to input power) of up to 3.6. The experiment was performed at an independent laboratory in Lugano, Switzerland. The most intriguing results in the 2014 Lugano paper are the before-and-after analyses of the “fuel,” which found an “isotopic shift” had occurred in this material. In particular, the team found that lithium-7 had changed into lithium-6, and that nickel-58 and nickel-60 had changed to nickel-62. This is based on two different types of mass spectrometry measurements, using state-of-the-art equipment. These changes can only be due to nuclear reactions of some sort — not conventional chemistry. The Lugano team is reportedly working on a new experiment, independent of Rossi, but as yet no details are known. Another research team performing Rossi-type experiments is headed by the Russian physicist Alexander Parkhomov. He and others working with him report observing excess heat with a Rossi-type reactor running at 1347 degrees Celsius, with a coefficient of performance of 3.0. They also report observing excess heat in at least ten other experiments of this type to date.
Cold fusion is nuclear but doesn’t require uranium - solves waste dumping and mining. The AFF also leaves radioactive materials in marginalized communities, but cold fusion transmutes those to benign substances. CFN 11
What is cold fusion?, Colfusionnow.org, 2011. NS
Cold fusion describes a form of energy generated when hydrogen interacts with various metals like nickel and palladium. Cold fusion is a field of condensed matter nuclear science CMNS, and is also called low-energy nuclear reactions LENR, lattice-assisted nuclear reactions LANR, low energy nanoscale reactions LENR, among others. Cold fusion is also referred to as the Anomalous Heat Effect AHE, reflecting the fact that there is no definitive theory of the elusive reaction. The Fleischmann-Pons Effect of Excess Heat When hydrogen, the main element of water, is introduced to a small piece of the metal nickel or palladium, a reaction occurs that can create excess heat and transmutation products. Excess heat means more heat comes out of the system than went in to the system. The excess heat can make hot water and useful steam to turn a turbine and produce electricity. Cold fusion devices are typically small table-top laboratory experiments, ranging in size from tiny test-tubes to small refridgerator-sized generators. In spite of the relatively small size of the cells, the cold fusion reaction produces so much heat, it is more than can be accounted for by chemical means and therefore must be some type of new nuclear mechanism, for cold fusion is not like today’s dirty and dangerous nuclear power. No radioactive materials are used in cold fusion. LANR occurs as the tiny protons, neutrons and electrons of hydrogen interact, releasing energy slowly, through heat and photons, without the dangerous radiation associated with conventional nuclear reactions, and cold fusion makes no radioactive waste. Hydrogen is the most abundant element in the universe. On Earth, hydrogen is found in water. An energy source from hydrogen is clean, with no carbon-dioxide CO2 emissions. In LENR reactions, only tiny amounts of the hydrogen are consumed and the metal is recyclable when spent. Transmutation Effect Transmutation occurs when one element is transformed, or transmuted, to another element. The creation of elements by transmutation has been the dream of alchemists for millenia. Now, new energy scientists are able to create new elements in their labs using LENR techniques. Research has shown that radioactive materials can be transmuted to benign elements, promising a path to ridding the planet of thousands of tons of radioactive waste.
Cold fusion solves meltdown and radiation – it’s even cleaner than alternative energy. Carat 11
Ruby Carat, NO FEAR OF RADIATION FROM COLD FUSION, Colfusionnow.org, 4/3/11. NS
3 No dangerous radiation in cold fusion. While no source of energy is 100 clean, cold fusion ranks cleaner over oil, gas, coal, today’s nuclear fission, hot fusion, solar and wind. Solar and wind are renewable sources, but the materials and manufacturing of solar panels and wind turbines given their energy density don’t compare to cold fusion. First of all, LENR is a process of that does not involve today’s nuclear fission power designs, so there is no chain-reaction. A cold fusion cell will not ”runaway” like critical masses and fission bombs. Cold fusion energy devices will turn on and off when you want them to. Edmund Storms, a nuclear scientist who has researched cold fusion for over two decades wrote a survey of the field called The Science of Low Energy Nuclear Reaction. Published in 2007, it is a technical summary of results for a scientific reader. In it, there are clear statements about the lack of radiation from cold fusion cells. This table from Storms’ Science provides the general experimental results regarding radiation from LENR experiments. Table 14 Expected but missing behavior. 1,176 1. Gamma emission is rare. 2. Neutron emission is rare. 3. Alpha emission rate is not consistent with accumulated helium. 4. X-rays expected when a significant alpha flux is absorbed are missing. 5. The second nuclear product resulting from transformation is frequently missing. A listing of the reported studies showing radiation detected in LENR experiments can be found in Table 11 of Storms’ Science1. Each entry is listed with radiation type and strength, along with the kind of cell that produced it. He writes: ”Fortunately none of this radiation is a health hazard nor is it easy to detect outside of the apparatus, which makes the process sate to study and safe as an eventual source of energy.” 1,105 Quite simply, the type and quantity of radiation seen in today’s nuclear power does not show up LENR. Cold fusion cells do not behave at all like conventional theories of nuclear reactions dictate. The fact that dangerous levels are missing from this reaction was in part responsible for many scientists dismissal of this as a nuclear effect. To quote Nobel laureate Julian Schwinger ”The circumstances of cold fusion are not those of hot fusion.” Infinite Energy magazine published an FAQ containing this question: Why doesn’t cold fusion produce dangerous ionizing radiation and neutrons? “Nobody knows for certain why the primary signature of cold fusion is excess heat, not deadly radiation. Nevertheless, many LENR theorists have put forth very intriguing proposals for the mechanism of these reactions. There are, in fact, many dozens of competing theories smaller number of which are very well fleshed out. The exact nature of the LENR reactions is one of the many unsolved scientific mysteries surrounding them. Some scientists think that because the effect does not produce intense radiation, it cannot be a nuclear process. Others say the energy is produced, but then somehow absorbed by the metal lattice either as high frequency vibrations, or through coherent processes in which many delocalized vibrations are involved.” 7 LENR devices do not have any appreciable radiation from alpha particles, beta particles, high- energy neutrons, and there is no danger of a runaway chain reaction. What about the x-rays and gamma radiation, those high-energy photons that could pose a risk to biological life? Storms writes: ”Most X-radiation will be absorbed by the apparatus, thereby making its detection unlikely.”1,153
Net Benefits:
A. Cold fusion is key to stop worldwide poverty that disproportionately affects people of color. Rothwell 07
Cold fusion has been successfully replicated in hundreds of university and national laboratories. These experiments prove that cold fusion does exist. In some instances it has produced temperatures and concentrated energy high enough for practical applications. If cold fusion can be commercialized it will eliminate most pollution and save billions of dollars a day now spent on fossil fuel. It will be a godsend to the billions of people living in abject poverty. In wealthy nations it will offer a renewed sense of wonder, and hope for the future. Unfortunately, this research has been suppressed in the United States. Papers cannot be published; experiments are not funded. The Department of Energy reviewed the subject 2004. The official summation was a farce, 1,2 but some of the reviewer’s comments were thoughtful, 3 so perhaps there is a ray of hope. Even so, the fight to allow a modicum of research is likely to continue for years. The purpose of this book, then, is to inspire the reader, and, perhaps, to enlist him in this political battle. Most cold fusion researchers are interested in the science, rather than potential benefits. They want to know what the phenomenon reveals about nature, and how it might be explained theoretically. The public, on the other hand, generally wants to know: What can cold fusion do for me? Can it really end the energy crisis? Or will it be another disappointment, the way conventional nuclear energy has turned out to be. This is not self-serving. The public is right to be worried about energy, and to put people’s needs first. The energy crisis grows worse year by year. Destructive global warming may finally be upon us: in 2004, unprecedented, out-of-season typhoons repeatedly struck Japan, and the water level in the Inland Sea has risen dramatically. Many of our worst political crises are mixed up with energy, especially oil. The Iraq war may not be “a war for oil” as some critics charge, but oil is surely a proximate cause. If the Middle East did not have oil, the U.S. would not be embroiled there. Energy is often the story behind the headlines. Energy production causes most air pollution. The lack of energy in the third world is the single largest preventable cause of disease, misery, and death.
Outweighs - poverty is the strongest and most widespread form of structural violence. Pogge Thomas Pogge, Poverty and Human Rights, http://www2.ohchr.org/english/issues/poverty/expert/docs/Thomas_Pogge_Summary.pdf . NS Human rights would be fully realized, if all human beings had secure access to the objects of these rights. Our world is today very far from this ideal. Piecing together the current global record, we find that most of the current massive underfulfillment of human rights is more or less directly connected to poverty. The connection is direct in the case of basic social and economic human rights, such as the right to a standard of living adequate for the health and well-being of oneself and one’s family, including food, clothing, housing, and medical care. The connection is more indirect in the case of civil and political human rights associated with democratic government and the rule of law. Desperately poor people, often stunted, illiterate, and heavily preoccupied with the struggle to survive, typically lack effective means for resisting or rewarding their rulers, who are therefore likely to rule them oppressively while catering to the interests of other, often foreign, agents (governments and corporations, for instance) who are more capable of reciprocation. The statistics are appalling. Out of a total of 6575 million human beings, 830 million are reportedly chronically undernourished, 1100 million lack access to safe water and 2600 million lack access to basic sanitation (UNDP 2006: 174, 33). About 2000 million lack access to essential drugs (www.fic.nih.gov/about/summary.html). Some 1000 million have no adequate shelter and 2000 million lack electricity (UNDP 1998: 49). Some 799 million adults are illiterate (www.uis.unesco.org). Some 250 million children between 5 and 14 do wage work outside their household with 170.5 million of them involved in hazardous work and 8.4 million in the “unconditionally worst” forms of child labor, which involve slavery, forced or bonded labor, forced recruitment for use in armed conflict, forced prostitution or pornography, or the production or trafficking of illegal drugs (ILO 2002: 9, 11, 17, 18). People of colour and females (UNDP 2003: 310-330; UNRISD 2005; Social Watch 2005) bear greatly disproportionate shares of these deprivations. Roughly one third of all human deaths, some 18 million annually, are due to poverty-related causes, easily preventable through better nutrition, safe drinking water, mosquito nets, re-hydration packs, vaccines and other medicines. This sums up to 300 million deaths in 17 years since the end of the cold war - many more than were caused by all the wars, civil wars, and government repression of the entire 20th century.
B. Environment - Cold fusion is the unique solution to a laundry list of problems and creates indigenous energy sovereignty – size and portability mean they can solve in a short timeframe. CFN 11
What is cold fusion?, Colfusionnow.org, 2011. NS
Ultra-clean and Energy Dense Cold fusion energy generators will not need to be connected to an electrical grid. Small and portable power units will provide energy on-demand in any location. When access to water means access to fuel, local communities will find new-found independence with control over their own energy choices. Hot, clean water provides a health revolution around the globe. Cold fusion offers a new energy economy based on green power from energy-dense LENR. Cold fusion means it is economically-viable to recycle all waste, restore wilderness and waterways to pristine conditions, and keep a planetary biosphere from extinction.
10/15/16
SeptOct - CP Indigenous
Tournament: Holy Cross | Round: 5 | Opponent: Christopher Columbus AT | Judge: Sarah Garris Congress should give indigenous control over nuclear energy on their land . Segal, JD, 12 (Alice, URANIUM MINING AND THE NAVAJO NATION - LEGAL INJUSTICE Southern California Review of Law and Social Justice 21 S. Cal. Rev. L. and Social Justice 355) Additionally, the U.S. government has made it easier for corporations to harm the Navajo people. Specifically, it does not sufficiently regulate mining organizations because it fears that doing so would stunt corporate growth. Thus, to promote economic prosperity, it has allowed organizations to poison tribal land. As a result, the government has indirectly given many Navajos cancer. Legal action needs to be taken to enable the Navajo Nation to protect its people. The Indian Child Welfare Act implies that Congress may be willing to expand the authority of Navajo courts. According to the Act, Congress has "assumed the responsibility for the protection and preservation of Indian Tribes and their resources." n277 To compensate for past misdeeds, the tribes were given "exclusive jurisdiction" over Native American child custody proceedings and Native American parents were given the right to intervene in foster care proceedings to enable them to preserve their own *391 culture and prevent external influence. n278 Congress gave Native American governments the power to preserve their culture and granted the expansion of power because "an alarmingly high percentage of Indian families were broken up by the removal, often unwarranted, of their children from them by non-tribal ... agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions." n279 Congress should pass another act, which grants Navajo courts the authority to control their land for the same reasons it passed the Indian Child Welfare Act. As the history of Navajo authority and uranium mining has shown, the limitation of the rights of the Navajo has not just been with the legitimized theft of their children under the pretense of child health concerns. Therefore, similar to the special treatment provided in the Indian Child Welfare Act, Congress should enable the Navajo Nation to get special authority to manage tribal land with similar authority granted to states for controlling the cleanup, compensation, and regulation of uranium mining that will affect Navajo people. Currently, state and federal agencies both pressure and limit Navajo authority over their own and surrounding land. Legislatively expanding Navajo authority would enable the Navajo to better control the limited land that they have been allotted in the past and enable the Navajo government to prevent the continued exposure that is currently being forced upon them.
Competes: a) net benefits and b) allows tribes to decide if nuclear power continues to get produced, so it’s not a prohibition.
Solves dumping – hardly any tribes want it. Johnson 12 Johnson, Charles K. "A Sovereignty of Convenience: Native American Sovereignty and the United States Government's Plan for Radioactive Waste on Indian Land." Journal of Civil Rights and Economic Development 9.2 (2012): 22.TF Given the financial state of much of Indian Country, it is significant¶ that only seventeen tribal governments, out of nearly 560¶ federally recognized tribes, decided to apply for the money. Also¶ significant was the fact that the tribes accepting these grants had¶ virtually no experience dealing with radiation. Soon, their leaders¶ were under siege from angry tribal members.¶ In January 1992, Grace Thorpe was enjoying a comfortable retirement,¶ volunteering for her tribe, the Sac and Fox Nation of¶ Oklahoma, as a Health Commissioner and part-time tribal judge.¶ She was retired, that is, until she discovered that her tribe was¶ one of the seventeen applying for funding through the United¶ States government's MRS nuclear waste program. She¶ researched the issue, discovered that her initial reaction to oppose¶ the program was warranted, and set about successfully challenging¶ the grant at a special meeting of the Sac and Fox Tribe. Tribal¶ members voted by a margin of seventy to five to return their¶ $100,000 grant.¶ Suddenly, she found herself swept up into a new unpaid "career,"¶ speaking throughout the country against the United States¶ government's MRS scheme. Thorpe, a daughter of legendary athlete,¶ Jim Thorpe, was not unfamiliar with political action. She¶ participated in the occupation of Alcatraz during the 1970's. As an aide to former Senator James Abourezk, she helped shepherd¶ legislation through Congress that allows Indian Nations a first¶ chance at surplus federal lands-an extremely important provision¶ that has allowed tribes to increase their land bases.¶ In her travels, she discovered that Native American activists¶ throughout the country had awakened to this plan for nuclear¶ waste storage. They too, were able to reverse their tribal governments¶ position on accepting radioactive waste. Together with¶ other Native American environmental activists, Thorpe formed¶ the National Environmental Coalition of Native Americans¶ ("NECONA") in March of 1993. As of today, through efforts of¶ NECONA, only four tribal councils are still considering taking an¶ MRS radioactive waste dump.¶ In June of 1993, NECONA, under Grace Thorpe's leadership,¶ made an alliance with Nuclear-Free America to promote the declaration¶ of Nuclear Free Zones ("NFZs") on Native American lands.¶ The Nuclear Free Indian Lands Project, through letter and personal¶ contact, has succeeded in encouraging the formation of six¶ new NFZs since that time. 19 The newly declared Nuclear Free Nations¶ joined the Flathead Nation of Salish and Kootenai, which¶ has been an NFZ since 1984.
And cp best addresses historical injustice. Segal, JD, 12 (Alice, URANIUM MINING AND THE NAVAJO NATION - LEGAL INJUSTICE Southern California Review of Law and Social Justice 21 S. Cal. Rev. L. and Social Justice 355) Only a direct mandate from Congress would sufficiently enable Navajo sovereignty. This kind of congressional authority is exemplified by the Delaney Mandate, which required food manufacturers to eliminate all carcinogens from their products. Although the court believed that a complete elimination was not necessary, it had to follow the mandate because Congress clearly expressed its intent. n280 In contrast, by interpreting vague statutes against the Navajo people, courts have significantly reduced the rights of tribal governments. Thus, only a direct and clearly worded congressional mandate would sufficiently expand the authority of Navajo courts and tribal government. This new authority should allow the Navajo government to regulate and try non-Native *392 Americans that damage the Navajo environment, just as any state could do. Corrective justice theories, as applied by Congress in the Indian Child Welfare Act, justify expanding the authority of Navajo courts. Specifically, the new law should allow the Navajo government to regulate and try non-Native Americans that damage tribal land. Even the very existence of the tribes was affected by the whims of Congress throughout history. As a result of this one-way relationship, courts were able to strip away Navajo children from their families. This injustice was not corrected until Congress passed the Indian Child Welfare Act, which provided the Navajo with greater authority. n281 To compensate for historical injustices such as this, as well as to allow them to define for themselves their own people groups, the Navajo Nation should be granted greater authority over its land as a sovereign tribe. However, Congress has resisted efforts to increase Navajo authority because this would reduce the federal government's power. An optimal solution that would satisfy the interests of both Congress and the Navajo Nation would be to give the Navajo authority over uranium mining. Under the NRC's lax oversight, federal agencies have proven inept at regulating uranium mining and cleanup. Courts have deferred to the agencies' poor decisions, perpetuating inefficient and reckless mining. On the other hand, the Navajo government has both the interest and organizational capacity to regulate uranium mining because the Nation has a personal stake in protecting its people from further exposure to radioactive material. The interests of the Navajo suggest that, with congressional help, the Navajo government would work to resolve the unfair treatment of its people through careful management of uranium mining.
Net Benefit Net Benefit is Tribal Sovereignty
Deciding whether nuclear power is right or wrong is the wrong question – resolving encroachments on indigenous lands requires included them in the decision first. Making the decision for them perpetuates colonialism. Ishiyama, 03 Ishiyama, Noriko. "Environmental justice and American Indian tribal sovereignty: Case study of a land–use conflict in Skull Valley, Utah." Antipode 35.1 (2003): 119-139. TF Within the contexts of colonialism and the politics of tribal sovereignty, it is not possible to conclude that actually siting the PFS facility on the Skull Valley reservation means that justice will have been achieved for the tribe, simply because the tribe made the decision in its sovereignty capacity. Instead, the following question needs to be answered: In what context has the tribe made the decision to accept high-level radioactive waste?¶ The inevitable answer is that a prolonged process of historical colonialism over people and land has produced a landscape of injustice in which the tribe’s choices have been severely structurally limited. Even if the tribe makes an informed decision to host the PFS facility, working from consensus among tribal leaders reached through a democratic process, they never participated in the decision-making process leading to production of nuclear waste or to the absence of alternate means of economic survival in the desert landscape. Lack of economic autonomy, due largely to the protracted environmental degradation of Skull Valley, has prevented the tribe from pursuing robust political-economic sovereignty as an indigenous nation. Whether the tribe ends up hosting high-level radioactive waste on the reservation or not, therefore, this land-use conflict represents procedural environmental injustice conditioned by Skull Valley’s historical geography.¶ The Skull Valley land-use debate reveals theoretical defects in the predominant discourses of environmental racism and distributive environmental justice, raising significant conceptual questions. As indicated in this case, it is not necessarily useful to prove racist in- tention on the part of electric utilities and the federal government to site nuclear waste on the tribal reservation. The disenfranchisement of the tribe through institutional exclusion from and isolation in the environmental decision-making processes indicates the structural aspects of racism embedded in hegemonic ideologies. Rather than seeking equity in the distribution of hazards or eliminating intentional racist actions, therefore, environmental justice requires the participation of communities in various decision-making processes that are conditioned by and intertwined with the political-economic processes and social relations at different geographical scales. In the context of Indian country, environmental justice depends on tribes’ sovereign capacity to pursue politically, economically, and ecologically sound options for sustainable development. Accordingly, reinforce- ment of both political and economic sovereignty of tribes will lead to the long-term accomplishment of environmental justice.¶ No easy answer exists to resolve the Skull Valley conflict concerning the siting of high-level radioactive waste. Making a simple judgment regarding environmental justice solely in the context of the present siting of the PFS facility leads us nowhere. This paper does not provide specific suggestions to resolve the immediate conflict, which is com- plicated by a variety of difficult historical, social, and political- economic questions. Instead, environmental-justice scholars are encouraged to reframe their research questions to articulate the truly complex practices of political economy and historical colonialism over communities’ struggles for self-determination. The landscape and the peoples who play active roles in the Skull Valley conflict would not then be subject to the influence of the simplistic analyses of environmental justice that have restricted the terms of this debate thus far
Merely saying nuclear power is bad ignores the way that some tribes use deals with power companies to reclaim control and political influence. Ishiyama 03 Ishiyama, Noriko. "Environmental justice and American Indian tribal sovereignty: Case study of a land–use conflict in Skull Valley, Utah." Antipode 35.1 (2003): 119-139. TF The Goshutes live modest lives, isolated in the arid desert and forgotten by mainstream society after the initial period of colon-ization. They used to hunt and gather the limited resources available in their homeland, efficiently adjusting to the ecology of the desert and relocating themselves as seasons rotated (Defa 1979). The Euro-American settlement transformed the ecological system of the desert, introducing horses and mules, which overgrazed the grasses and thus lessened the prevalence of seeds that the tribe gathered. Finding hungry Goshutes digging roots from the ground, settlers called them “diggers.” Other Indian tribes did not acknowledge the Goshutes as equals, either—Utes used to call them poor people (Papanikolas1995:12). Despised, feared, and neglected, Goshutes have demanded little from the outside society, living quietly for a long time. The reservation community has been struggling to survive, suffering the legacies of colonialism. Only 24 of the 124 members currently live on the reservation; many Goshutes have left, seeking opportunities and jobs elsewhere. The reservation has not attracted major business or industry, except for a small Pony Express convenience store and the tribe’s leasing contract with a rocket-engine testing facility on the site. The tribal leaders argue that the PFS project may enable the tribe to pursue sustainable development as a united community. In the 1990s, therefore, the Skull Valley Band of Goshutes became significantly more visible, due largely to the leaders’ declaration to welcome a temporary storage facility for high-level radioactive waste into their reservation. Suddenly, the invisible tribe isolated in adesolate desert presented a political and ecological threat to Utah politicians and the public. The decision to sign a contract with PFS appeared out of the blue for Utah politicians, but for the Skull Valley Goshute tribe, the project was completely consistent with the environmental history of Tooele County, Utah.
Blanket policies deny tribal sovereignty, which takes away their only tool to fight colonialism. Ishiyama ‘03 Ishiyama, Noriko. "Environmental justice and American Indian tribal sovereignty: Case study of a land–use conflict in Skull Valley, Utah." Antipode 35.1 (2003): 119-139. TF The concept of tribal sovereignty has essentially defined the politics regarding struggles for self-determination among actors involved with the Skull Valley environmental management as well as the siting of environmental hazards in tribal nations in the United States. Sovereignty recognized by treaties and the US constitution does not represent something given to the tribe; rather, it is what tribes have retained throughout the tragic history of colonialism. As Vine Deloria and Clifford Lytle (1998:15) state, self-government of tribes has been “a product of the historical process” required for tribal political survival. Retention of sovereignty, therefore, means the survival of tribes, which hold unique legal and political status as independent nations within the United States.¶ American Indian activists engaged in the environmental-justice movement have explicitly addressed the importance of sovereignty (Pulido 1996b). They participated in the process of drafting the “Principles of Environmental Justice” during the first National People of Color Environmental Leadership Summit in 1991. Principle 11 (Newton 1996:156–158) makes a clear statement: “Environmental justice must recognize a special legal and natural relationship of Native People to the US government through treaties, agreements, compacts, and covenants affirming sovereignty and self-determination.” This principle emphasizes the significance of sovereignty, which makes American Indian tribes distinctive from other ethnic minorities fighting against environmental injustice in terms of their political strategy for activism.¶ Environmental-justice activists have demanded that tribes get appropriate federal assistance in order to establish infrastructure equivalent to that of state governments so that they can develop sound environmental programs to protest outside industry’s attempt to damage the ecology of tribal land. The director of the Indigenous Environmental Network, Tom Goldtooth (1995), points out that the Environmental Protection Agency failed to acknowledge the sovereign status of tribal governments entitled to receive funds to develop environmental management of their own until 1984. Conse- quently, he (1995:147) clarifies, most tribes were severely behind state governments in environmental infrastructure development. Grass- roots activists hold a strong mandate to protect tribal sovereignty, struggling to develop the political-economic and legislative infra- structure for participatory democracy.¶ At the same time, American Indian activism for social and environmental justice faces a challenging question over who has the legitimate right to realize tribal sovereignty. Grassroots environmental activists tend to question the legitimacy of tribal representatives when they do not share the same ecological philosophies. Goldtooth reveals an ideological and political disagreement over tribal sovereignty among indigenous communities:¶ We as indigenous grassroots are the most protective of our sovereignty and do not hide behind it or use it as a cloak or shield like some of our Tribal governmental leaders. Some of our Tribal leaders use sovereignty to protect them from criticism or legal attack on tribal developments that are environmentally unsound (personal communication, 27 September 1996). Grace Thorpe (1996:720), another key American Indian figure in the environmental-justice movement, criticizes tribal leaders who support nuclear waste sites in Indian nations for “selling our sovereignty.” Thus, while recognizing the significance of protecting tribal sovereignty from various outside threats, tribal and grassroots leaders hardly share a consensus on the strategic process to fortify it.¶ Some indigenous grassroots activists have adopted the romanticized ethnic identity of American Indians as stewards of the environment for the purpose of justifying their right to self-determination in environmental management. They have utilized what Pulido (1998) calls “ecological legitimacy” rooted in cultural essentialism to empower and establish solidarity in the movement. Goldtooth asserts:¶ There are ideological differences with the mentality of our Indian “relatives” who have decided to follow the “American dream.” The American dream is about money and power. It is about owning the land ... Indigenous Peoples don’t think this way. We are only caretakers of this great sacred land. (Personal communication, 27 September 1996)¶ Cultural essentialism in the formation of American-Indian identities has played a significant role in developing the environmental-justice movement. Nevertheless, it has promoted the problematic general- ization of a culturally diverse population according to the stereotype and has dismissed the voices of those who do not share the same ecological views. This tension concerning tribal sovereignty inter- twined with the definition of American-Indian ethnic identities establishes the context of intensified political battles concerning the Skull Valley land-use debate.
10/2/16
SeptOct - CP Regulations
Tournament: Grapevine | Round: 1 | Opponent: Colleville | Judge: Hank Stolte CP Text: The Nuclear Regulation Authority of Japan will enhance inspection competence and amend nuclear safety law to make safety checks effective and flexible. Yamaguchi 16. Mari Yamaguchi, The International Atomic Energy Agency says Japan has improved its nuclear safety regulation since the 2011 Fukushima disaster, but it still needs to strengthen inspections and staff competency, 1/22/16, http://www.usnews.com/news/science/articles/2016-01-22/iaea-japan-nuclear-regulation-should-improve-skills-law VC The IAEA inspection team urged the Nuclear Regulation Authority to enhance inspection competence and the government to amend its nuclear safety law to make on-site safety checks more effective and flexible. Mission leader Philippe Jamet, a French regulatory commissioner, said Japan's inflexible inspection rules do not allow inspectors to move freely at nuclear facilities or respond quickly when there is a problem. "What we found is that the system that is regulating, that is defining the framework of inspection is very complex and very rigid," Jamet said at a news conference. Japan has a comprehensive framework but "it doesn't give enough freedom for the inspectors to react immediately and to provide results," he said. "At any time and for any plant, inspectors should be allowed to go where they want." A final report by the team is expected in about three months. Japan's top nuclear commissioner, Shunichi Tanaka, acknowledged the shortcomings and said, "We have to focus on tackling the challenges of inspection system and human resources." Masakazu Shima, a Japanese regulator who assisted the inspection team, said the inspection issue was also raised by an earlier IAEA mission in 2007 but Japan never took action.
The counterplan solves the accidents advantage – the reason the meltdown occurred was because of a lack of inspection flexibility. The counterplan strengthens regulations which avoids meltdowns. AP 16 Associated Press Staff, IAEA review spurs Japan nuclear regulators to bolster safety regimen, look to U.S. for training, 4/22/16, http://www.japantimes.co.jp/news/2016/04/26/national/iaea-review-spurs-nuclear-regulators-beef-japans-safety-regimen/#.V7_LTpgrI2w VC The Nuclear Regulation Authority says it will revise laws, nearly double inspection staff and send some inspectors to the United States for training to address insufficiencies cited by International Atomic Energy Agency experts. The NRA announced the plans Monday in response to an IAEA evaluation of Japan’s nuclear safety regulations since the 2011 Fukushima crisis. The report was submitted to the government last week. Japan largely ignored an IAEA review in 2008 that concluded that its inspection system was inadequate. Three years later, three reactors at the Fukushima No. 1 power station suffered meltdowns after the Great East Japan Earthquake and tsunami knocked out their cooling systems. A series of investigations have blamed safety complacency, inadequate crisis management skills, a failure to keep up with international safety standards, and collusion between regulators and the nuclear industry as the main contributing causes of the disaster.
9/10/16
SeptOct - CP SSD
Tournament: Grapevine | Round: 1 | Opponent: Colleville | Judge: Hank Stolte CP Text: The Nuclear Regulatory Commission should designate sub-seabed disposal as the sole candidate for its permanent nuclear waste repository. Wilson 14 Wilson, founder of BuildingGreen, Inc. and executive editor of Environmental Building News, founded the Resilient Design Institute Alex, "Safe Storage of Nuclear Waste", Green Building Advisor, www.greenbuildingadvisor.com/blogs/dept/energy-solutions/safe-storage-nuclear-waste SP
The big question now is how long it will be until the plant can be decommissioned and what to do with the large quantities of radioactive waste that are being stored onsite. Terrorism risks with nuclear power My concern with nuclear power has always been more about terrorism than accidents during operation or storage. I continue to worry that terrorists could gain entry to nuclear plant operations and sabotage plants from the inside — disabling cooling systems and causing a meltdown. There is also a remote risk of unanticipated natural disasters causing meltdowns or radiation release, as we saw so vividly with the Fukushima Power Plant catastrophe in Japan in March, 2011. For more than 30 years, the nuclear industry in the U.S. and nuclear regulators have been going down the wrong path with waste storage — seeking a repository where waste could be buried deep in a mountain. Nevada’s Yucca Mountain was the place of choice until… it wasn’t. Any time we choose to put highly dangerous waste in someone’s backyard, it’s bound to cause a lot of controversy, even in a sparsely populated, pro-resource-extraction place like Nevada. NIMBY opposition can be boosted by people in powerful places, and in the case of Yucca Mountain, Nevada senator Harry Reid has played such a role. (He has been the Senate Majority Leader since 2006 and served prior to that as the Minority Leader and Democratic Whip.) Aside from NIMBYism, the problem with burying nuclear waste in a mountain (like Yucca Mountain) or salt caverns (like New Mexico’s Carlsbad Caverns — an earlier option that was pursued for a while in the 1970s) is that the maximum safety is provided at Day One, and the margin of safety drops continually from there. The safety of such storage sites could be compromised over time due to seismic activity (Nevada ranks fourth among the most seismically active states), volcanism (the Yucca Mountain ridge is comprised mostly of volcanic tuff, emitted from past volcanic activity), erosion, migrating aquifers, and other natural geologic actions. A better storage option I believe a much better solution for long-term storage of high-level radioactive waste is to bury it deep under the seabed in a region free of seismic activity where sediment is being deposited and the seafloor getting thicker. In such a site, the level of protection would increase, rather than decrease, over time. In some areas of seabed, more than a centimeter of sediment is being deposited annually. Compacted over time, such sediment deposition could be several feet in a hundred years, and in the geologic time span over which radioactive waste is hazardous, hundreds to thousands of feet of protective sedimentary rock would be formed. The oil and gas industry — for better or worse — knows a lot about drilling deep holes beneath a mile or two of ocean. I suspect that the deep-sea drilling industry would love such a growth opportunity to move into seabed waste storage, and I believe the Nuclear Regulatory Commission or other agencies could do a good job regulating such work. The waste could be placed in wells extending thousands of feet below the seabed in sedimentary rock in geologically stable regions. Let's say a 3,000-foot well is drilled beneath the seabed two miles beneath the surface of the ocean. Waste could be inserted into that well to a depth of 1,000 feet, and the rest of the well capped with 2,000 feet of concrete or some other material. Hundreds of these deep-storage wells could be filled and capped, and such a sub-seabed storage field could be designated as forever off-limits. Industry or the Department of Energy would have to figure out how to package such waste for safe handling at sea, since the material is so dangerous, but I believe that is a surmountable challenge. For example, perhaps the radioactive waste could be vitrified (incorporated into molten glass-like material) to reduce leaching potential into seawater should an accident occur at sea, and that waste could be tagged with radio-frequency emitters so that any lost containers could be recovered with robotic submarines in the event of such accidents. While I’m not an expert in any of this, I’ve looked at how much money taxpayers and industry have already poured into Yucca Mountain — about $15 billion by the time the Obama Administration terminated federal funding for it in 2010, according to Bloomberg News — and the estimates for how much more it would take to get a working waste storage facility of that sort operational had risen to about $96 billion by 2008, according to the U.S. Department of Energy at the time. I believe that sub-seabed storage would be far less expensive.
9/10/16
SeptOct - DA Elections
Tournament: Grapevine | Round: 1 | Opponent: Colleville | Judge: Hank Stolte Clinton has a safe lead for now but undecided voters or a Trump push could sway the election. Silver 9/6 Nate Silver “Election Update: Clinton’s Lead Keeps Shrinking” FiveThirtyEight SEP 6, 2016. TF
Clinton’s ahead, by a margin of about 3 percentage points in an average of national polls, or 4 points in our popular vote composite, which is based on both national polls and state polls. While the race has tightened, be wary of claims that the election is too close to call — that isn’t where the preponderance of the evidence lies, at least for the moment. If one candidate is ahead by 3 or 4 percentage points, there will be occasional polls showing a tied race or her opponent narrowly ahead, along with others showing the candidate with a mid- to high single-digit lead. We’ve seen multiple examples of both of those recently.¶ In swing states, the race ranges from showing Trump up by 1 point in Iowa to a Clinton lead of about 6 points in her best states, such as Virginia. That’s a reasonably good position for Clinton, but it isn’t quite as safe as it might sound. That’s because the swing states tend to rise and fall together. A further shift of a few points in Trump’s favor, or a polling error of that magnitude, would make the Electoral College highly competitive.¶ 2. What’s the degree of uncertainty?¶ Higher than people might assume. Between the unusually early conventions and the late election — Nov. 8 is the latest possible date on which Election Day can occur — it’s a long campaign this year. But just as important, many voters — close to 20 percent — either say they’re undecided or that they plan to vote for third-party candidates. At a comparable point four years ago, only 5 to 10 percent of voters fell into those categories.¶ High numbers of undecided and third-party voters are associated with higher volatility and larger polling errors. Put another way, elections are harder to predict when fewer people have made up their minds. Because FiveThirtyEight’s models account for this property, we show a relatively wide range of possible outcomes, giving Trump better odds of winning than most other statistically based models, but also a significant chance of a Clinton landslide if those undecideds break in her favor.¶ 3. What’s the short-term trend in the polls?¶ It’s been toward Trump over the past few weeks. Clinton’s lead peaked at about 8.5 percentage points in early August, according to our models, and Trump has since sliced that figure roughly in half. Of Trump’s roughly 4-point gain since then, about 2 points come from Trump’s having gained ground, while the other 2 points come from Clinton’s having lost ground — possibly a sign that her lofty numbers in early August were inflated by a convention bounce. Public popularity supports nuclear energy despite the Fukushima disaster – best polls prove Riffkin 15 Gallup, Inc., 3-30-15, "U.S. Support for Nuclear Energy at 51," (http://www.gallup.com/poll/182180/support-nuclear-energy.aspx Gallup, WP
WASHINGTON, D.C. -- A slim majority of Americans (51) now favor the use of nuclear energy for electricity in the U.S., while 43 oppose it. This level of support is similar to what Gallup found when it last measured these attitudes two years ago, but it is down from the peak of 62 five years ago. Current support is on the low end of what Gallup has found in the past 20 years, with the 46 reading in 2001 the only time that it sank lower. The high point in support for the use of nuclear power, in 2010, was recorded shortly after President Barack Obama announced that the federal government would provide loan guarantees for the construction of two nuclear reactors, the first to be built in the U.S. in three decades. Support has generally dropped since then. However, between 2011 and 2012, support was stable, with 57 favoring nuclear energy. This is notable given that Japan's Fukushima Daiichi nuclear disaster took place shortly after polling in 2011.
The Democratic presidential nominee will win the race for the presidency, but the election is shaping up as historically tight, according to a political model. Less than 11 months from Election Day, Moody’s Analytics is predicting that whomever lands the Democratic nomination will capture the White House with 326 electoral votes to the Republican nominee’s 212. Those results are heavily dependent on how swing states vote. The latest model from Moody’s reflects razor-thin margins in the five most important swing states — Florida, Ohio, Colorado, New Hampshire and Virginia. In each of those states, the Democratic advantage is less than 1 percentage point, well within the margin of error. The election model weighs political and economic strength in each state and determines the share of the vote that the incumbent party will win. The most important economic variable in the model is the growth in incomes in the two years leading up to the election. That factor captures the strength of the job market in each state, including job growth, hours worked, wage growth and the quality of the jobs being created. The model also factors in home and gasoline prices. So far, the strength of the economy has kept the model on track for the Democratic nominee. But the trajectory of the president’s approval rating also makes a difference in who could win the White House. If President Obama’s approval rating shifts only a little more than 4 percentage points, a bit more than the margin of error for many presidential opinion polls, the move could further cut into Democratic hopes to retain the White House. Growing concern about terrorism and other issues could dent Obama’s approval rating further. Usually, if the sitting president’s approval rating is improving in the year leading up the election, the incumbent party receives a boost. But in most elections, the president’s rating has declined in the lead-up to the election, favoring the challenger party.
The real estate mogul has made strong public statements supporting nuclear power, but tends to favor further development of natural gas. In the aftermath of the 2011 Japan Fukushima nuclear disaster, Trump told Fox News “nuclear is a way we get what we have to get, which is energy.” “I’m in favor of nuclear energy, very strongly in favor of nuclear energy,” Trump said. “If a plane goes down people keep flying. If you get into an auto crash people keep driving.” The permitting process for nuclear power needs to be reformed, Trump explained. He qualified this statement saying “we have to be careful” because nuclear power “does have issues.” Trump specified that he favored the development of natural gas over nuclear energy in the same interview: “we’re the Saudi Arabia times 100 of natural gas, but we don’t use it.”
And, nuclear energy would become the key spinning factor for Republicans because of Clinton’s lack of support and Obama’s current policy – Republicans will pit nuclear power policy against Clinton regardless of her actual policy Siciliano 16John Siciliano, 1-10-2016, "The 2016 politics of nuclear energy," Washington Examiner , WP http://www.washingtonexaminer.com/the-2016-politics-of-nuclear-energy/article/2579855
The presidential election may offer hope for a resurgence of interest in nuclear energy. And if a Republican wins the White House, it's more likely that the centerpiece of that effort, a controversial nuclear waste site at Yucca Mountain, Nevada, will move forward. Republicans stand for what they call the "law of the land," referring to the fact that Congress chose Yucca Mountain to be the nation's nuclear waste dump, and that has not changed despite President Obama's and congressional Democrats' success in upending the project and focusing instead on wind and solar power. But even with a president who favors nuclear energy, it will still prove difficult to build the site to take radioactive waste from nearly 100 power plants. Nuclear power is one of the cleanest forms of electricity, yet the question of what to do with waste continues to fester. Many people see Yucca Mountain as the answer, but opponents say it's unsafe. But both sides agree that building more nuclear plants hinges on waste disposal. It pits the administration against lawmakers and exposes a rift between the pro-nuke and anti-nuke wings of the environmental movement. A big barrier to the nuclear option is price. Ben Zycher, senior energy fellow at the conservative American Enterprise Institute, said new nuclear reactors cost far too much, especially since natural gas is so cheap. That could sideline nuclear energy and Yucca Mountain this election year. Yucca Mountain's main adversary, Nevada Democrat Harry Reid, is retiring from Congress at the end of the year, but Zycher said other Nevada officials will step into the breach. "It may be a case without Reid in the Senate the path would be eased, but that's not particularly obvious," he said. David McIntyre, spokesman for the Nuclear Regulatory Commission, charged with licensing the dump, agrees, saying it "would be immensely difficult" to start back up after so many years of administration stalling. And Democratic presidential front-runner Hillary Clinton is "not going to endorse it," Zycher said. Litigation and 2016 Rod McCullum, the Nuclear Energy Institute's director of used fuel issues, calls managing nuclear waste the "most technically simple, but politically complicated things we do." It might arise in the presidential election because President Obama has stalled longstanding nuclear waste policy, defying Congress, many states and the Nuclear Waste Policy Act, which designates Yucca Mountain as America's long-term nuclear waste repository. Obama's efforts to hamstring Yucca during his first term helped keep Reid loyal. But both are leaving Washington, and federal courts have ruled that the administration could not kill the Yucca project without congressional consent and while continuing to collect money from utilities and states to build it. The D.C. Circuit Court of Appeals in 2013 dealt a blow to the administration by ordering the Nuclear Regulatory Commission to complete its work on licensing the facility, which it recently did despite Reid having choked off the commission's funding. McCullum said the commission has been "eeking" along.
Trump win means he will nuke ISIS – results in massive civilian casualties and Middle East destabilization. Hobbus 15 R. Hobbus 15, J.D., investigative journalist specializing in international politics, “Trump: I Will Absolutely Use A Nuclear Weapon Against ISIS,” 8/10, Real News Right Now, http://realnewsrightnow.com/2015/08/trump-i-will-absolutely-use-a-nuclear-weapon-against-isis/ NEW YORK, Ny. – In response to a question regarding his policy on ISIS, Republican presidential candidate and billionaire Donald Trump told Meet the Press on Sunday that as Commander-in-Chief, he would authorize the use of nuclear weapons to combat Islamic extremism. “Let’s face it, these people are barbarians,” Trump said. “And thanks to Obama’s failed policy in Iraq and Syria, they’re beheading Christians all over the world.” Mr. Trump said he’s already conferred with a number of high-level active military officials and has put together a comprehensive strategy to defeat the Islamic State within his first one hundred days in office. “It starts with the deployment of four or five of our Ohio-class nuclear submarines to the Persian Gulf,” Trump said. “We’re going to hit them and we’re going to hit them hard. I’m talking about a surgical strike on these ISIS stronghold cities using Trident missiles.” The Trident is a submarine-launched ballistic missile equipped with multiple independently targetable reentry vehicles, or MIRVs. With a payload of up to fourteen reentry vehicles, each carrying a 362-pound thermonuclear warhead with a yield of 100 kilotons, a single Trident has roughly seventy times the destructive power of the atomic bomb dropped on Nagasaki on August 9, 1945. Trump’s plan to use thermonuclear weapons against ISIS-held areas such as the Syrian city of Al-Raqqah would result in an astronomically high number of civilian casualties, according to CNN military analyst Peter Mansoor. “Al-Raqqah alone has a population of over two hundred-thousand people, the vast majority of whom are not affiliated in any way with the Islamic State,” Mansoor said. “A strike of this magnitude would not only result in the loss of millions of innocent lives and infrastructure, but it would set diplomacy and stability in the region back at least a hundred years.”
ME war goes nuclear – causes extinction. Russel 9 Russell 9 – Senior Lecturer in the Department of National Security Affairs @ Naval Postgraduate School James, “Strategic Stability Reconsidered: Prospects for Nuclear War and Escalation in the Middle East,” Online Strategic stability in the region is thus undermined by various factors: (1) asymmetric interests in the bargaining framework that can introduce unpredictable behavior from actors; (2) the presence of non-state actors that introduce unpredictability into relationships between the antagonists; (3) incompatible assumptions about the structure of the deterrent relationship that makes the bargaining framework strategically unstable; (4) perceptions by Israel and the United States that its window of opportunity for military action is closing, which could prompt a preventive attack; (5) the prospect that Iran’s response to pre-emptive attacks could involve unconventional weapons, which could prompt escalation by Israel and/or the United States; (6) the lack of a communications framework to build trust and cooperation among framework participants. These systemic weaknesses in the coercive bargaining framework all suggest that escalation by any the parties could happen either on purpose or as a result of miscalculation or the pressures of wartime circumstance. Given these factors, it is disturbingly easy to imagine scenarios under which a conflict could quickly escalate in which the regional antagonists would consider the use of chemical, biological, or nuclear weapons. It would be a mistake to believe the nuclear taboo can somehow magically keep nuclear weapons from being used in the context of an unstable strategic framework. Systemic asymmetries between actors in fact suggest a certain increase in the probability of war – a war in which escalation could happen quickly and from a variety of participants. Once such a war starts, events would likely develop a momentum all their own and decision-making would consequently be shaped in unpredictable ways. The international community must take this possibility seriously, and muster every tool at its disposal to prevent such an outcome, which would be an unprecedented disaster for the peoples of the region, with substantial risk for the entire world.
9/10/16
SeptOct - DA France Econ
Tournament: Grapevine | Round: 4 | Opponent: LC Anderson JT | Judge: Rodrigo Paramo France has declared a state of economic emergency – threatens EU recession Zeronian 16 Zeronian, Sarkis. "France Declares State of Economic Emergency." Breitbart News. January 20, 2016. Accessed August 30, 2016. http://www.breitbart.com/london/2016/01/20/france-adds-state-of-economic-emergency-to-security-situation/. JD As investor sentiment plunges across the world, President François Hollande of France has unveiled an economic plan to deal with what he describes as his country’s “state of economic emergency”. Setting out a new €2 billion (£1.5 billion) job creation plan for France, the socialist leader said the country is facing an “economic and social emergency” as well as an “uncertain economic climate and persistent unemployment”, reports the BBC. Recently President Hollande said that the social emergency in France, caused by unemployment, was as every bit as serious as the emergency caused by terrorism. In his annual speech to business leaders he reinforced that idea, prioritising his response to it. “Our country has been faced with structural unemployment for two to three decades,” he said, “and this requires that creating jobs becomes our one and only fight.” France’s unemployment rate has soared to an 18-year high of 10.6 per cent, against a European Union average of 9.8 per cent and 5.4 per cent in Britain. Facing re-election next year an increasingly desperate President Hollande proposes to pay French employers to hire young unemployed people as a means to restore confidence in his country’s “broken” economic model, one which is marred by low output and stagnant growth. France’s state of economic emergency was declared at the same time as Germany faces its most difficult start to a year in recent memory, reports The Express. With consumer confidence plummeting, industrial production growth in the EU’s biggest economy has slipped to zero per cent. Germany and France are the eurozone’s two biggest economies, and two of the six largest economies in the world. Economists have warned that if the French and German economies collapse the ensuing domino effect would bring down the entire eurozone and severely damage the global economy at a time when it is already under considerable stress. Some are even warning that with the downturn in China a global recession is now more likely than at any time since the 2008 financial crisis. France is too reliant on nuclear power to ban it – Hollande’s broken promises prove Broomby 14 Broomby, Rob. "France Struggles to Cut down on Nuclear Power." BBC News. January 11, 2014. Accessed August 30, 2016. http://www.bbc.com/news/magazine-25674581. JD The Fukushima disaster led many countries to rethink their view on nuclear energy. Germany plans to abandon it altogether, but French President Francois Hollande also wants to cut nuclear output sharply - by a third in 20 years. It's a big ask in a country that now relies on nuclear for 75 of its electricity. If fully implemented, the pledge would force the closure of up to 20 of the country's 58 reactors according to Professor Laurence Tubiana a former government adviser who the president asked to facilitate a national debate, paving the way for what they call la transition energetique. This would be a huge step, but Tubiana describes it as a "logical evolution". France realised that Japan had survived economically when all its atomic power stations were shut down because of its diverse energy mix. In Japan, before the disaster, nuclear power delivered about 30 of the country's electricity, but France is hugely dependent not only on nuclear, but on a single generation of nuclear power stations. It is vulnerable to a "generic risk", according to Tubiana, where a problem with one reactor could force them all offline for the fault to be fixed. This would cause chaos. She says the 20 reactors closed in the "transition" could be replaced by renewable energy, which she says would maintain French energy independence and be both "stable and secure". So far, however, the government has only earmarked one power station for closure - the ageing plant at Fessenheim on the German border - which prompts some to question the government's commitment to Hollande's promise. There is evidently reluctance in cabinet. Industry Minister Arnaud Montebourg is on record as saying that Fessenheim will be the only nuclear power station to close. On a visit to China in December he reassured his audience that nuclear energy was a "sector of the future" and would continue to contribute "at least 50" of France's electricity output. Eurozone decline causes global economic collapse Kreitner 11 Kreitner, Ricky. "Serious People Are Starting To Realize That We May Be Looking At World War III." Business Insider. August 08, 2011. Accessed August 31, 2016. http://www.businessinsider.com/serious-people-are-starting-to-realize-that-we-may-be-looking-at-world-war-iii-2011-8. JD Daniel Knowles of the Telegraph has noticed a similar trend. In a post titled, "This Really Is Beginning To Look Like 1931," Knowles argues that we could be witnessing the transition from recession to global depression that last occurred two years after the 1929 market collapse, and eight years before Germany invaded Poland, triggering the Second World War: "The difference today is that so far, the chain reaction of a default has been avoided by bailouts. Countries are not closing down their borders or arming their soldiers – they can agree on some solution, if not a good solution. But the fundamental problem – the spiral downwards caused by confidence crises and ever rising interest rates – is exactly the same now as it was in 1931. And as Italy and Spain come under attack, we are reaching the limit of how much that sticking plaster can heal. Tensions between European countries unseen in decades are emerging." Knowles wrote that post three days ago. Since then it has become abundantly obvious that Europe will soon become unwilling or unable to continue bailing out every country with a debt problem. Meanwhile, the U.S. economy continues to chug along, to the extent it is chugging at all, on the false security offered by a collective distaste for one ratings agency and its poor mathematics. That can't continue forever. The next few months will show SandP's downgrade to have been too little and too late, rather than too drastic and too soon. The Eurozone will fall apart. The American political crisis will only worsen; the "super-committee" will utterly fail, true to design. Soon enough, we may all wake up to a "reckoning" truly deserving of the name.
Econ collapse leads to escalating instability and nuke war. Harris and Burrows 09 Harris and Burrows, 9 – *counselor in the National Intelligence Council, the principal drafter of Global Trends 2025, member of the NIC’s Long Range Analysis Unit “Revisiting the Future: Geopolitical Effects of the Financial Crisis”, Washington Quarterly, http://www.twq.com/09april/docs/09apr_burrows.pdf) Increased Potential for Global Conflict Of course, the report encompasses more than economics and indeed believes the future is likely to be the result of a number of intersecting and interlocking forces. With so many possible permutations of outcomes, each with ample opportunity for unintended consequences, there is a growing sense of insecurity. Even so, history may be more instructive than ever. While we continue to believe that the Great Depression is not likely to be repeated, the lessons to be drawn from that period include the harmful effects on fledgling democracies and multiethnic societies (think Central Europe in 1920s and 1930s) and on the sustainability of multilateral institutions (think League of Nations in the same period). There is no reason to think that this would not be true in the twenty-first as much as in the twentieth century. For that reason, the ways in which the potential for greater conflict could grow would seem to be even more apt in a constantly volatile economic environment as they would be if change would be steadier. In surveying those risks, the report stressed the likelihood that terrorism and nonproliferation will remain priorities even as resource issues move up on the international agenda. Terrorism’s appeal will decline if economic growth continues in the Middle East and youth unemployment is reduced. For those terrorist groups that remain active in 2025, however, the diffusion of technologies and scientific knowledge will place some of the world’s most dangerous capabilities within their reach. Terrorist groups in 2025 will likely be a combination of descendants of long established groups inheriting organizational structures, command and control processes, and training procedures necessary to conduct sophisticated attacks and newly emergent collections of the angry and disenfranchised that become self-radicalized, particularly in the absence of economic outlets that would become narrower in an economic downturn. The most dangerous casualty of any economically-induced drawdown of U.S. military presence would almost certainly be the Middle East. Although Iran’s acquisition of nuclear weapons is not inevitable, worries about a nuclear-armed Iran could lead states in the region to develop new security arrangements with external powers, acquire additional weapons, and consider pursuing their own nuclear ambitions. It is not clear that the type of stable deterrent relationship that existed between the great powers for most of the Cold War would emerge naturally in the Middle East with a nuclear Iran. Episodes of low intensity conflict and terrorism taking place under a nuclear umbrella could lead to an unintended escalation and broader conflict if clear red lines between those states involved are not well established. The close proximity of potential nuclear rivals combined with underdeveloped surveillance capabilities and mobile dual-capable Iranian missile systems also will produce inherent difficulties in achieving reliable indications and warning of an impending nuclear attack. The lack of strategic depth in neighboring states like Israel, short warning and missile flight times, and uncertainty of Iranian intentions may place more focus on preemption rather than defense, potentially leading to escalating crises. Types of conflict that the world continues to experience, such as over resources, could reemerge, particularly if protectionism grows and there is a resort to neo-mercantilist practices. Perceptions of renewed energy scarcity will drive countries to take actions to assure their future access to energy supplies. In the worst case, this could result in interstate conflicts if government leaders deem assured access to energy resources, for example, to be essential for maintaining domestic stability and the survival of their regime. Even actions short of war, however, will have important geopolitical implications. Maritime security concerns are providing a rationale for naval buildups and modernization efforts, such as China’s and India’s development of blue water naval capabilities. If the fiscal stimulus focus for these countries indeed turns inward, one of the most obvious funding targets may be military. Buildup of regional naval capabilities could lead to increased tensions, rivalries, and counterbalancing moves, but it also will create opportunities for multinational cooperation in protecting critical sea lanes. With water also becoming scarcer in Asia and the Middle East, cooperation to manage changing water resources is likely to be increasingly difficult both within and between states in a more dog-eat-dog world.
9/12/16
SeptOct - DA Natural Gas
Tournament: Holy Cross | Round: 5 | Opponent: Christopher Columbus AT | Judge: Sarah Garris Empirically, nuclear shutdowns get replaced by natural gas. Plumer 16 Brad Plumer, Nuclear power and renewables don’t have to be enemies. New York just showed how., August 2, 2016, Vox.com EE Nuclear power is the country’s largest source of carbon-free energy, supplying about 19 percent of our electricity, but it’s barely growing. Wind and solar are smaller, at about 8 percent, but they’re growing much more rapidly. Put those together, and you get an intuitive blueprint for reducing US carbon dioxide emissions: Protect the nuclear base, and then scale up wind and solar on top of that, displacing fossil fuels as you go. Seems reasonable, no? Yet, oddly enough, many states have struggled with this simple concept. Even as policymakers have stepped up subsidies for renewable energy, they’ve been letting their nuclear plants shut down prematurely — to be replaced by dirtier natural gas. We’ve already seen this in California, Vermont, Wisconsin. And it’s going to keep happening in the years ahead without serious policy changes. These early nuclear retirements are poised to wipe out many of the impressive gains made by renewables. So it’s significant news that, this week, New York state offered a fresh approach to this problem. On Monday, the state’s public service commission approved an extremely aggressive clean energy standard that will require utilities to get 50 percent of their electricity from wind, solar, hydro, and other renewable sources by 2030. But — importantly — New York will also offer subsidies to keep open three large existing nuclear power plants that are suffering economically in this shifting energy landscape and were in danger of shutting down prematurely. This way, the state isn’t just taking one step forward, two steps back, on climate change.
Natural Gas is horrible – laundry list. UCS Union of Concerned Scientists, Environmental Impacts of Natural Gas, ucsusa.com, EE Cleaner burning than other fossil fuels, the combustion of natural gas produces negligible amounts of sulfur, mercury, and particulates. Burning natural gas does produce nitrogen oxides (NOx), which are precursors to smog, but at lower levels than gasoline and diesel used for motor vehicles. DOE analyses indicate that every 10,000 U.S. homes powered with natural gas instead of coal avoids the annual emissions of 1,900 tons of NOx, 3,900 tons of SO2, and 5,200 tons of particulates 7. Reductions in these emissions translate into public health benefits, as these pollutants have been linked with problems such as asthma, bronchitis, lung cancer, and heart disease for hundreds of thousands of Americans 9. However, despite these benefits, unconventional gas development can affect local and regional air quality. Some areas where drilling occurs have experienced increases in concentrations of hazardous air pollutants and two of the six “criteria pollutants” — particulate matter and ozone plus its precursors — regulated by the EPA because of their harmful effects on health and the environment 9. Exposure to elevated levels of these air pollutants can lead to adverse health outcomes, including respiratory symptoms, cardiovascular disease, and cancer 11. One recent study found that residents living less than half a mile from unconventional gas well sites were at greater risk of health effects from air pollution from natural gas development than those living farther from the well sites 12. The construction and land disturbance required for oil and gas drilling can alter land use and harm local ecosystems by causing erosion and fragmenting wildlife habitats and migration patterns. When oil and gas operators clear a site to build a well pad, pipelines, and access roads, the construction process can cause erosion of dirt, minerals, and other harmful pollutants into nearby streams 13. A study of hydraulic fracturing impacts in Michigan found potential environmental impacts to be “significant” and include increased erosion and sedimentation, increased risk of aquatic contamination from chemical spills or equipment runoff, habitat fragmentation, and reduction of surface waters as a result of the lowering of groundwater levels 14. Water use and pollution Unconventional oil and gas development may pose health risks to nearby communities through contamination of drinking water sources with hazardous chemicals used in drilling the wellbore, hydraulically fracturing the well, processing and refining the oil or gas, or disposing of wastewater 15. Naturally occurring radioactive materials, methane, and other underground gases have sometimes leaked into drinking water supplies from improperly cased wells; methane is not associated with acute health effects but in sufficient volumes may pose flammability concerns 16. The large volumes of water used in unconventional oil and gas development also raise water-availability concerns in some communities. Groundwater There have been documented cases of groundwater near oil and gas wells being contaminated with fracking fluids as well as with gases, including methane and volatile organic compounds. One major cause of gas contamination is improperly constructed or failing wells that allow gas to leak from the well into groundwater. Cases of contamination have been documented in Ohio and Pennsylvania 17. Another potential avenue for groundwater contamination is natural or man-made fractures in the subsurface, which could allow stray gas to move directly between an oil and gas formation and groundwater supplies. In addition to gases, groundwater can become contaminated with hydraulic fracturing fluid 18. In several cases, groundwater was contaminated from surface leaks and spills of fracturing fluid. Fracturing fluid also may migrate along abandoned wells, around improperly sealed and constructed wells, through induced fractures, or through failed wastewater pit liners 19. Surface Water Unconventional oil and gas development also poses contamination risks to surface waters through spills and leaks of chemical additives, spills and leaks of diesel or other fluids from equipment on-site, and leaks of wastewater from facilities for storage, treatment, and disposal. Unlike groundwater contamination risks, surface water contamination risks are mostly related to land management and to on- and off-site chemical and wastewater management. The EPA has identified more than 1,000 chemical additives that are used for hydraulic fracturing, including acids (notably hydrochloric acid), bactericides, scale removers, and friction-reducing agents. Only maybe a dozen chemicals are used for any given well, but the choice of which chemicals is well-specific, depending on the geochemistry and needs of that well 20. Large quantities — tens of thousands of gallons for each well — of the chemical additives are trucked to and stored on a well pad. If not managed properly, the chemicals could leak or spill out of faulty storage containers or during transport. Drilling muds, diesel, and other fluids can also spill at the surface 21. Improper management of flowback or produced wastewater can cause leaks and spills. There is also risk to surface water from deliberate improper disposal of wastewater by bad actors. Water Use The growth of hydraulic fracturing and its use of huge volumes of water per well may strain local ground and surface water supplies, particularly in water-scarce areas. The amount of water used for hydraulically fracturing a well can vary because of differences in formation geology, well construction, and the type of hydraulic fracturing process used 22. The EPA estimates that 70 billion to 140 billion gallons of water were used nationwide in 2011 for fracturing an estimated 35,000 wells 23. Unlike other energy-related water withdrawals, which are commonly returned to rivers and lakes, most of the water used for unconventional oil and gas development is not recoverable. Depending on the type of well along with its depth and location, a single well with horizontal drilling can require 3 million to 12 million gallons of water when it is first fractured — dozens of times more than what is used in conventional vertical wells 24. Similar vast volumes of water are needed each time a well undergoes a “work over,” or additional fracturing later in its life to maintain well pressure and gas production. A typical shale gas well will have about two work overs during its productive life span 25. Earthquakes Hydraulic fracturing itself has been linked to low-magnitude seismic activity—less than 2 moment magnitude (M) the moment magnitude scale now replaces the Richter scale— but such mild events are usually undetectable at the surface 26. The disposal of fracking wastewater by injecting it at high pressure into deep Class II injection wells, however, has been linked to larger earthquakes in the United States 27. At least half of the 4.5 M or larger earthquakes to strike the interior of the United States in the past decade have occurred in regions of potential injection-induced seismicity 28. Although it can be challenging to attribute individual earthquakes to injection, in many cases the association is supported by timing and location of the events 29.
Turns and outweighs the case, nuclear power has saved more people than it’s killed – natural gas causes more death per kilowatt and – our evidence is comparative and takes into account waste. Kharecha and Hansen 13 Pushker A. Kharecha and James E. Hansen Pushker Kharecha is an associate research scientist at the NASA Goddard Institute for Space Studies and Columbia University’s Center for Climate Systems Research. James E. Hansen, Goddard’s former director, is an adjunct professor at the Department of Earth and Environmental Sciences at Columbia University., Fossil Fuels Do Far More Harm Than Nuclear Power, APRIL 15, 2013, Earth Institute Coloumbia University EE
Using historical electricity production data and mortality and emission factors from the peer-reviewed scientific literature, we found that despite the three major nuclear accidents the world has experienced — at Three Mile Island, Chernobyl, and Fukushima — nuclear power prevented an average of over 1.8 million net deaths worldwide between 1971-2009. This amounts to at least hundreds and more likely thousands of times more deaths than it caused. An average of 76,000 deaths per year were avoided between 2000-2009. Likewise, we calculate that nuclear power prevented an average of 64 gigatonnes of CO2-equivalent net GHG emissions globally between 1971-2009. This is about 15 times more emissions than it caused. It is equivalent to the past 35 years or 17 years of CO2 emissions from coal burning in the US or China, respectively. In effect, nuclear energy production has prevented the building of hundreds of large coal-fired power plants. To compute potential future effects, we started with projected nuclear energy supply for 2010-2050 from an assessment by the UN International Atomic Energy Agency that takes into account the effects of the Fukushima accident. We assumed that all of this projected nuclear energy is canceled and replaced entirely by energy from either coal or natural gas. We calculated that this nuclear phaseout scenario would lead to an average of 420,000 to 7 million deaths and 80–240 gigatonnes of CO2-equivalent net GHG emissions globally. This emissions range corresponds to 16-48 of the “allowable” cumulative CO2 emissions between 2012-2050 if the world chooses to aim for a target atmospheric CO2 concentration of 350 parts per million by around the end of this century. In other words, projected nuclear power could reduce the CO2 mitigation burden for meeting this target by as much as 16–48. The largest uncertainties and limitations of our analysis stem from the assumed values for impacts per unit electric energy produced. However, we emphasize that our results for both prevented mortality and prevented GHG emissions could be substantial underestimates, because (among other reasons) our mortality and emission factors are based on analysis of Europe and the US (respectively), and thus neglect the fact that fatal air pollution and GHG emissions from power plants in developing countries are on average substantially higher per unit energy produced than in developed countries. Our findings also have important implications for large-scale “fuel switching” to natural gas from coal or from nuclear. Although natural gas burning emits less fatal pollution and GHGs than coal burning, it is far deadlier than nuclear power, causing about 40 times more deaths per unit electric energy produced. Also, such fuel switching is practically guaranteed to worsen the climate problem for several reasons. First, carbon capture and storage is an immature technology and is therefore unlikely to constrain the resulting GHG emissions in the necessary time frame. Second, electricity infrastructure generally has a long lifetime (e.g., fossil fuel power plants typically operate for up to 50 years). Third, potentially usable natural gas resources (especially unconventional ones like shale gas) are enormous, containing many hundreds to thousands of gigatonnes of carbon (based on a recent comprehensive assessment. For perspective, the atmosphere currently contains about 830 gigatonnes of carbon, of which 200 gigatonnes are from industrial-era fossil fuel burning. We conclude that nuclear energy – despite posing several challenges, as do all energy sources – needs to be retained and significantly expanded in order to avoid or minimize the devastating impacts of unabated climate change and air pollution caused by fossil fuel burning.
10/2/16
SeptOct - DA Warming
Tournament: Grapevine | Round: 1 | Opponent: Colleville | Judge: Hank Stolte Nuclear power is currently progressing – many reactors are being built with only more planned. Groskopf ‘01/26 Christopher Groskopf – reporter. “New nuclear reactors are being built a lot more like cars.” Quartz. January 26, 2016. http://qz.com/581566/new-nuclear-reactors-are-being-built-a-lot-more-like-cars/ JJN At its birth, nuclear power was a closely guarded national enterprise, only accessible to the most prosperous nations. But over the last 50 years it has evolved into a robust international market with a global supply chain. Not only are more countries starting or considering new nuclear plants, a great many more countries are contributing to their construction. According to data from the International Atomic Energy Agency (IAEA) 66 nuclear reactors are under construction around the world. Dozens more are in various stages of planning. The vast majority of new reactors are being built in China, which has invested in nuclear power in a way not seen since the United States and France first built out their capacity in the 1960’s and 70’s. China’s 2015 Five Year Plan calls for 40 reactors to be built by 2020 and as many as ten more are planned for every year thereafter. Fifteen other countries around the world are also building reactors. The Chinese sprint toward nuclear power is along a path toward becoming a major exporter of nuclear technology and expertise. In addition to adopting western designs, China also has its own reactor designs. Plants based on those designs are also under construction both China and in Pakistan. Other countries are considering them. At the same time China has upgraded its capacity to produce pressure vessels, turbines and other heavy manufacturing components—all of which it is expected to begin exporting. This sort of globalized manufacturing is nothing new: cars, airplanes and most other complicated machines are built in this way. However, it is new for reactors, which must be constructed on-site and rely on highly specialized parts. Those parts must be manufactured to tolerances well beyond what is required in other industries. In some cases even the equipment needed to creating them must be purpose-built. Consider, for example, the steel pressure vessel at the heart of the most common reactor designs. These vessels can only be created in the world’s largest steel presses—some of which exert more than 30,000 pounds of force. The vessels are forged out of solid steel ingots that may weigh more than a million pounds. Until recently there were only a handful of such presses in the world. Today there are at least 23, spread across 11 countries, according to the World Nuclear Association (WNA). Such specialization is not limited to heavy manufacturing. Nuclear reactors require thousands of other mechanical and electronic components, many of which are purpose-made. A brochure from the Nuclear Energy Institute (NEI) identifies hundreds of individual parts. (pdf) Even otherwise common products may need to meet extraordinarily fine tolerances. Standards require that steel elements relevant to safety are manufactured with exceptional “nuclear-grade steel.” According to another NEI list, the construction of a new reactor may require a total of: 500 to 3,000 nuclear grade valves 125 to 250 pumps 44 miles of piping 300 miles of electric wiring 90,000 electrical components According to Greg Kaser, who analyzes supply chains for the WNA, the market for nuclear components has been driven by US-based reactor companies, namely Westinghouse Electric Company. “The US can’t produce everything that’s required for a nuclear reactor anymore, so they have to go international,” Kaser told Quartz. Reactors based on Westinghouse’s AP1000 design are under construction in both the US and China. The parts for these reactors are sourced from all over the world. Many come from European companies that were originally created to supply domestic nuclear programs, but have since become important exporters. This trade in nuclear components is difficult to measure. Despite the specific qualifications of a nuclear-grade valve, it is still a valve and doesn’t necessarily show up in trade statistics as anything more. A great deal of trade is also in expertise. Engineers from China, Japan, South Korea and the United States frequently consult on (or lead) nuclear projects around the world. A 2014 WNA report (paywall) estimates that the total value of investments in new nuclear facilities through 2030 will be $1.2 trillion. But this nuclear globalization has not been greeted with enthusiasm everywhere. The 2011 nuclear contamination disaster at Fukushima, Japan, briefly stalled development of some projects and prompted Germany to begin shutting down all of its reactors. A decision by the UK to allow a Chinese company to develop new nuclear reactors in England has led to both domestic and international hand-wringing over the security implications. Others worry about about safety issues resulting from companies faking the certifications required for selling reactor components. In 2013, two South Korean nuclear reactors were shut down when it was discovered that they had installed cables with counterfeit nuclear certifications. This year the IAEA will update a procurement guide for plant operators that was published in 1996. (pdf) The new version will include a chapter specifically addressing counterfeit components. For the moment, it’s unlikely any of these concerns will be enough to slow the resurgent growth of the global nuclear industry. Though big nuclear companies often speak of localizing the supply chain—and keeping those jobs in their home country—international competition can drive down the price of building a reactor. In fact, the supply chain is likely to become even more important to the construction process in the future. New reactors being designed today are both smaller and more modular, and plans call for large sections of them to be assembled in factories and shipped to the site. If it sounds a lot like the assembly line at a automobile plant, that’s because it is. But of course, one small oversight or production flaw could make a much greater difference.
Newest studies prove – warming is real, anthropogenic, and almost certainly caused by emissions from fossil fuels. Phys ‘8/24 Phys.org. “Humans have caused climate change for 180 years: study.” Phys.org. August 24, 2016. Originally provided by Australia National University from Nature Journal. http://phys.org/news/2016-08-humans-climate-years.html JJN An international research project has found human activity has been causing global warming for almost two centuries, proving human-induced climate change is not just a 20th century phenomenon. Lead researcher Associate Professor Nerilie Abram from The Australian National University (ANU) said the study found warming began during the early stages of the Industrial Revolution and is first detectable in the Arctic and tropical oceans around the 1830s, much earlier than scientists had expected. "It was an extraordinary finding," said Associate Professor Abram, from the ANU Research School of Earth Sciences and ARC Centre of Excellence for Climate System Science. "It was one of those moments where science really surprised us. But the results were clear. The climate warming we are witnessing today started about 180 years ago." The new findings have important implications for assessing the extent that humans have caused the climate to move away from its pre-industrial state, and will help scientists understand the future impact of greenhouse gas emissions on the climate. "In the tropical oceans and the Arctic in particular, 180 years of warming has already caused the average climate to emerge above the range of variability that was normal in the centuries prior to the Industrial Revolution," Associate Professor Abram said. The research, published in Nature, involved 25 scientists from across Australia, the United States, Europe and Asia, working together as part of the international Past Global Changes 2000 year (PAGES 2K) Consortium. Associate Professor Abram said anthropogenic climate change was generally talked about as a 20th century phenomenon because direct measurements of climate are rare before the 1900s. However, the team studied detailed reconstructions of climate spanning the past 500 years to identify when the current sustained warming trend really began. Scientists examined natural records of climate variations across the world's oceans and continents. These included climate histories preserved in corals, cave decorations, tree rings and ice cores. The research team also analysed thousands of years of climate model simulations, including experiments used for the latest report by the UN's Intergovernmental Panel on Climate Change (IPCC), to determine what caused the early warming. The data and simulations pinpointed the early onset of warming to around the 1830s, and found the early warming was attributed to rising greenhouse gas levels. Co-researcher Dr Helen McGregor, from the University of Wollongong's School of Earth and Environmental Sciences, said humans only caused small increases in the level of greenhouse gases in the atmosphere during the 1800s. "But the early onset of warming detected in this study indicates the Earth's climate did respond in a rapid and measureable way to even the small increase in carbon emissions during the start of the Industrial Age," Dr McGregor said. The researchers also studied major volcanic eruptions in the early 1800s and found they were only a minor factor in the early onset of climate warming. Associate Professor Abram said the earliest signs of greenhouse-induced warming developed during the 1830s in the Arctic and in tropical oceans, followed soon after by Europe, Asia and North America. However, climate warming appears to have been delayed in the Antarctic, possibly due to the way ocean circulation is pushing warming waters to the North and away from the frozen continent.
Prohibiting nuclear power means warming can’t be solved – impracticality of renewables combined with a switch to coal only makes warming worse. Harvey ‘12 Fiona Harvey - award-winning environment journalist for the Guardian, used to work for financial times. “Nuclear power is only solution to climate change, says Jeffrey Sachs.” The Guardian. May 3, 2012. https://www.theguardian.com/environment/2012/may/03/nuclear-power-solution-climate-change JJN *bracketing in original Combating climate change will require an expansion of nuclear power, respected economist Jeffrey Sachs said on Thursday, in remarks that are likely to dismay some sections of the environmental movement. Prof Sachs said atomic energy was needed because it provided a low-carbon source of power, while renewable energy was not making up enough of the world's energy mix and new technologies such as carbon capture and storage were not progressing fast enough. "We won't meet the carbon targets if nuclear is taken off the table," he said. He said coal was likely to continue to be cheaper than renewables and other low-carbon forms of energy, unless the effects of the climate were taken into account. "Fossil fuel prices will remain low enough to wreck low-carbon energy unless you have incentives and carbon pricing," he told the annual meeting of the Asian Development Bank in Manila. A group of four prominent UK environmentalists, including Jonathon Porritt and former heads of Friends of the Earth UK Tony Juniper and Charles Secrett, have been campaigning against nuclear power in recent weeks, arguing that it is unnecessary, dangerous and too expensive. Porritt told the Guardian: "It nuclear power cannot possibly deliver – primarily for economic reasons. Nuclear reactors are massively expensive. They take a long time to build. And even when they're up and running, they're nothing like as reliable as the industry would have us believe." But Sachs, director of the Earth Institute and professor of sustainable development at Columbia University in the US, said the world had no choice because the threat of climate change had grown so grave. He said greenhouse gas emissions, which have continued to rise despite the financial crisis and deep recession in the developed world, were "nowhere near" falling to the level that would be needed to avert dangerous climate change. He said: "Emissions per unit of energy need to fall by a factor of six. That means electrifying everything that can be electrified and then making electricity largely carbon-free. It requires renewable energy, nuclear and carbon capture and storage – these are all very big challenges. We need to understand the scale of the challenge." Sachs warned that "nice projects" around the world involving renewable power or energy efficiency would not be enough to stave off the catastrophic effects of global warming – a wholesale change and overhaul of the world's energy systems and economy would be needed if the world is to hold carbon emissions to 450 parts per million of the atmosphere – a level that in itself may be inadequate. "We are nowhere close to that – as wishful thinking and corporate lobbies are much more powerful than the arithmetic of climate scientists," he said.
Warming leads to extinction – multiple scenarios prove. Roberts ‘13 David Roberts - staff writer for Grist. “If you aren’t alarmed about climate, you aren’t paying attention.” Grist. January 10, 2013. http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/ JJN There was recently another one of those (numbingly familiar) internet tizzies wherein someone trolls environmentalists for being “alarmist” and environmentalists get mad and the troll says “why are you being so defensive?” and everybody clicks, clicks, clicks. I have no desire to dance that dismal do-si-do again. But it is worth noting that I find the notion of “alarmism” in regard to climate change almost surreal. I barely know what to make of it. So in the name of getting our bearings, let’s review a few things we know. We know we’ve raised global average temperatures around 0.8 degrees C so far. We know that 2 degrees C is where most scientists predict catastrophic and irreversible impacts. And we know that we are currently on a trajectory that will push temperatures up 4 degrees or more by the end of the century. What would 4 degrees look like? A recent World Bank review of the science reminds us. First, it’ll get hot: Projections for a 4°C world show a dramatic increase in the intensity and frequency of high-temperature extremes. Recent extreme heat waves such as in Russia in 2010 are likely to become the new normal summer in a 4°C world. Tropical South America, central Africa, and all tropical islands in the Pacific are likely to regularly experience heat waves of unprecedented magnitude and duration. In this new high-temperature climate regime, the coolest months are likely to be substantially warmer than the warmest months at the end of the 20th century. In regions such as the Mediterranean, North Africa, the Middle East, and the Tibetan plateau, almost all summer months are likely to be warmer than the most extreme heat waves presently experienced. For example, the warmest July in the Mediterranean region could be 9°C warmer than today’s warmest July. Extreme heat waves in recent years have had severe impacts, causing heat-related deaths, forest fires, and harvest losses. The impacts of the extreme heat waves projected for a 4°C world have not been evaluated, but they could be expected to vastly exceed the consequences experienced to date and potentially exceed the adaptive capacities of many societies and natural systems. my emphasis Warming to 4 degrees would also lead to “an increase of about 150 percent in acidity of the ocean,” leading to levels of acidity “unparalleled in Earth’s history.” That’s bad news for, say, coral reefs: The combination of thermally induced bleaching events, ocean acidification, and sea-level rise threatens large fractions of coral reefs even at 1.5°C global warming. The regional extinction of entire coral reef ecosystems, which could occur well before 4°C is reached, would have profound consequences for their dependent species and for the people who depend on them for food, income, tourism, and shoreline protection. It will also “likely lead to a sea-level rise of 0.5 to 1 meter, and possibly more, by 2100, with several meters more to be realized in the coming centuries.” That rise won’t be spread evenly, even within regions and countries — regions close to the equator will see even higher seas. There are also indications that it would “significantly exacerbate existing water scarcity in many regions, particularly northern and eastern Africa, the Middle East, and South Asia, while additional countries in Africa would be newly confronted with water scarcity on a national scale due to population growth.” Also, more extreme weather events: Ecosystems will be affected by more frequent extreme weather events, such as forest loss due to droughts and wildfire exacerbated by land use and agricultural expansion. In Amazonia, forest fires could as much as double by 2050 with warming of approximately 1.5°C to 2°C above preindustrial levels. Changes would be expected to be even more severe in a 4°C world. Also loss of biodiversity and ecosystem services: In a 4°C world, climate change seems likely to become the dominant driver of ecosystem shifts, surpassing habitat destruction as the greatest threat to biodiversity. Recent research suggests that large-scale loss of biodiversity is likely to occur in a 4°C world, with climate change and high CO2 concentration driving a transition of the Earth’s ecosystems into a state unknown in human experience. Ecosystem damage would be expected to dramatically reduce the provision of ecosystem services on which society depends (for example, fisheries and protection of coastline afforded by coral reefs and mangroves.) New research also indicates a “rapidly rising risk of crop yield reductions as the world warms.” So food will be tough. All this will add up to “large-scale displacement of populations and have adverse consequences for human security and economic and trade systems.” Given the uncertainties and long-tail risks involved, “there is no certainty that adaptation to a 4°C world is possible.” There’s a small but non-trivial chance of advanced civilization breaking down entirely. Now ponder the fact that some scenarios show us going up to 6 degrees by the end of the century, a level of devastation we have not studied and barely know how to conceive. Ponder the fact that somewhere along the line, though we don’t know exactly where, enough self-reinforcing feedback loops will be running to make climate change unstoppable and irreversible for centuries to come. That would mean handing our grandchildren and their grandchildren not only a burned, chaotic, denuded world, but a world that is inexorably more inhospitable with every passing decade. Take all that in, sit with it for a while, and then tell me what it could mean to be an “alarmist” in this context. What level of alarm is adequate?
9/10/16
SeptOct - PIC France
Tournament: Grapevine | Round: 4 | Opponent: LC Anderson JT | Judge: Rodrigo Paramo CP Text: Countries except for the French Republic ought to prohibit the production of nuclear power Heuclin 15 Heuclin, Marie. "French Energy Minister Calls for New Generation of Nuclear Reactors." French Energy Minister Calls for New Generation of Nuclear Reactors. January 13, 2015. Accessed August 31, 2016. http://phys.org/news/2015-01-french-energy-minister-nuclear-reactors.html. JD France should build a new generation of nuclear reactors to replace its ageing power stations that provide a majority of the country's electricity, the energy and environment minister said Tuesday. Despite French firms being world leaders in nuclear energy, the country's Socialist government has been keen on ending France's status as the world's most nuclear-dependent country. The minister, Segolene Royal, made the comments in the trade magazine Usine Nouvelle, giving the first signal the government will keep nuclear a major component in France's energy production despite reducing it in favour of renewables. "In the building of a carbon-free economy, nuclear is clearly an asset" and its role in the mix of various energy production methods needs to be evaluated in an "intelligent manner", said Royal. "We should plan for the construction of a new generation of reactors to take the place of the old power stations which cannot be renovated," she added. While Royal presented this in the interests of safety, the call for the investment in a new generation of reactors is a development in that it signals the government sees nuclear continuing to play a role after the current reactors reach the end of their service life. It is also a development that will likely be welcomed by French companies EDF and Areva, which have suffered in recent years as interest in nuclear power cooled following the 2011 Fukushima catastrophe in Japan.
tax funds generated largely from American business, and (ii) contributions from capital funds controlled or generated by American business. The boards of trustees of our universities overwhelmingly are composed of men and women who are leaders in the system.¶ Further, he argued that¶ ... it is essential that spokesmen for the enterprise system -- at all levels and at every opportunity -- be far more aggressive than in the past ... There should be no hesitation to attack the Naders, the Marcuses and others who openly seek destruction of the system. There should not be the slightest hesitation to press vigorously in all political arenas for support of the enterprise system. Nor should there be reluctance to penalize politically those who oppose it.¶ The Powell memo's plan was to: a) defund public higher education; b) then "save" the universities with ideologically focused corporate funding friendly to "free enterprise;" c) turn universities into corporations; and d) turn the students into consumers who became educated labor products.¶ Neoliberal Plan for Defunding Universities ¶ States provide much of the funds for higher education but need to balance their budgets. So when tax revenues fall, higher education suffers, since it is a lower priority than Medicare, prisons and K-12 education. In addition, large corporations often pay little or no state income tax in states where they have large operations. In a 2011 report, the Center on Budget and Policy Priorities concluded that at least 46 states have imposed cuts in the funding of higher education.¶ The American Legislative Exchange Council (ALEC) -- a nationwide association of state legislators and corporations -- best expressed the neoliberal perspective. It successfully lobbied both the states and the federal government to reduce corporate taxes and, in effect, deprive public universities of the state and federal funds they needed.¶ In an Americans for Tax Fairness fact sheet on corporate tax rates, we can see that:¶ The corporate share of federal tax revenue has dropped by two-thirds in 60 years.¶ General Electric, Boeing, Verizon and 23 other profitable Fortune 500 firms paid no federal income taxes.¶ US corporations dodge $90 billion a year in income taxes.¶ US corporations officially hold $2.1 trillion in profits offshore.¶ Tax avoidance, plus lobbying that reduced corporate taxes, diminished the revenue for social programs, especially education. This reduced funding was coordinated with a public relations campaign claiming that public schools were failing, and that they should be privatized and would be improved if they were turned into profit-making ventures. The project is already running for K-12 education with the charter school movement, and now it's being used in higher education, as federal and state governments have gradually reduced funding.¶ The least discussed reason for reduced state revenue for social programs is our ever-growing defense budget. The Pentagon spends more on war than all 50 states combined spend on health, education, welfare and safety. Even prior to the arrival of neoliberalism, military adventures drained money from the social budget. In 1935, Gen. Smedley Butler wrote a book titled, War Is a Racket, in which he exposed greedy profit-making corporations as instigators of imperialism and war. In 1961, President Eisenhower warned of the military industrial complex as a hidden force in US politics. But the military budget is higher today than at any point since the Eisenhower administration.¶ We now have a new neoliberal-inspired military industrial complex consisting of companies, agencies, militarized policing, hidden budgets, a "deep state," private mercenaries and lobbyists that make Eisenhower's warning mild by comparison. Our budget priorities keep the country on a war footing, and our economy allows for military and homeland departments to be virtually untouchable. The current excuse for funds is "terrorism," but under neoliberalism, the actual purpose is to control the world's resources for American capitalism and to stop other countries from competing with us. As Colonel Wilkerson, echoing general Butler, stated recently: "We've privatized the ultimate public function: war ... In many respects it is now private interests that benefit most from our use of military force." A few universities are beneficiaries of war spending through their research for the war machine, but most are losers due to the financial and educational effects of the loss of funding, while the war machine grows.¶ "Saving" Defunded Universities With Corporate Funding¶ A partial replacement for the loss of public funds comes from corporate and philanthropic "gifts" and industry contracts for universities. Groups of conservative millionaires like the Koch brothers have created institutions to push the corporate agenda. They have infiltrated universities and introduced the neoliberal worldview through think tanks and programs designed to give "assistance" to those institutions that would accept their money and programs. These groups, with the combined help of the corporate controlled press and a sophisticated public relations campaign, eased the transition to the corporatization of universities.¶ Turning Universities Into Corporations¶ A 2014 Institute for Policy Studies report finds that the outcome of treating education as a commodity has led to universities mimicking business models. Presidents, chief executives and a layer of bureaucrats earning excessive salaries were established, while the earnings of the faculty declined, largely because tenured and tenure-track faculty were replaced by adjuncts (part-time faculty) and temporary faculty. Instead of giving primary focus to education, scholarship and research, colleges and universities began marketing themselves as products worth purchasing by the consumer. Science and humanities faculty were encouraged to become entrepreneurs and seek ways to profit directly from their intellectual and technical pursuits.¶ Mark Yudof, former president of the University of California, conceded that the university needed to stop viewing itself as a public institution and consider itself a "hybrid" university, bridging the divide between private and public institutions. In a time of scarce resources, privatization has emerged as a potential replacement for the historic model of community support of public universities. The danger is that when corporations fund universities, they get influence over studies and analysis produced by universities, as well as influence over the perspectives and career paths of large numbers of students. They also get use of vast resources for private gain and tax breaks associated with making donations.¶ Students as Consumers and Educated Labor Products¶ Fifty years ago, students often pursued their favorite high school subjects in college, assuming that the degree itself would guarantee a job. Not so today, as living expenses and tuition have risen. Students and their families paying the bill see themselves more as consumers of a commodity rather than engaging in a learning process. Because there is no guarantee of a good job after graduation, universities increasingly connect learning with the skills needed for the hard-to-enter job force. Education more and more becomes job training, and students become educated labor products.¶ By ensuring the need for outside sources of funding, neoliberalism set the context that led to the growth of tuition. When the federal government opened its student loan service to profit-making corporations, profit dominated. The privatized loan industry, through predatory lending schemes, offered loans to all students -- even to those who sometimes could not afford them. Their profit motive, combined with the laws passed by a highly lobbied Congress, eventually made the $1.3 trillion student debt the worst kind of debt for students, but the best for banks and debt collectors. Currently, all involved in the student loan industry make money from student debt: banks, private investors and even the federal government. This action has led to the rise of for-profit colleges whose goal was often to exploit the poor who couldn't afford to enter higher education in the first place. And finally, as Kenneth Saltman pointed out, "Shifting the costs of higher education onto students represents a kind of debt spending by youth to fund the military and corporations."¶ Resisting Neoliberalism¶ Even though neoliberalism is in decline due to the 2008 depression and weak recovery, its values and accomplishments have staying power. By using rhetoric like "individual freedom," "liberty," "personal responsibility," "privatization" and the "free market," it was able to undo much of the New Deal and restore corporate power, and in the case of higher education, be responsible for the rise in tuitions and decline in educational quality.¶ The neoliberal plan for public universities is to defund, then refund with strings attached, corporatize them into profit-makers, and turn the students into educated labor products that would fit into the economy. Its effects are most clearly expressed by Grover Norquist's quote about government: "I don't want to abolish government. I simply want to reduce it to the size where I can drag it into the bathroom and drown it in the bathtub." Neoliberalism doesn't want to abolish universities; it simply wants to turn them into profitable corporations that will maintain and promote the neoliberal version of capitalism.