Law Magnet Gao Aff
| Tournament | Round | Opponent | Judge | Cites | Round Report | Open Source | Edit/Delete |
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| All | Finals | Anyone | Anyone |
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| Emory | 4 | Anderson JT | Divyaansh Raj |
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| Grapevine Classic | 2 | Hockaday KK | John Sims |
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| Greenhill | 2 | West Des Moines Valley SC | Christopher Vincent |
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| Harvard | 1 | William Enloe TG | Mitali Mathur |
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| Heart of Texas Invitational | 2 | Mountain Brook GD | Erick Berdugo |
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| Isidore Newman | 2 | Carrollton AJ | Claire Kueffner |
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| Isidore Newman | 5 | Cypress Woods CJ | Adesuwa Omoruyi |
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| Strake Jesuit | 2 | Montgomery AW | Martin Sigalow |
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| TFA State | 1 | Lutheran AD | Michael Brione |
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| TFA State | 4 | Strake Jesuit JH | McGee |
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| TFA State | Doubles | Cypress Woods LC | Aaron Timmons, Jacob Koshak, Chris Castillo |
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| TOC | 2 | Walt Whitman CC | Rahul Gosain |
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| Tournament | Round | Report |
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| Isidore Newman | 2 | Opponent: Carrollton AJ | Judge: Claire Kueffner 1AC - Kant |
| Isidore Newman | 5 | Opponent: Cypress Woods CJ | Judge: Adesuwa Omoruyi 1AC - Accountability AC |
| Strake Jesuit | 2 | Opponent: Montgomery AW | Judge: Martin Sigalow 1AC - Mouffe |
| TOC | 2 | Opponent: Walt Whitman CC | Judge: Rahul Gosain 1AC - Mouffe |
To modify or delete round reports, edit the associated round.
Cites
| Entry | Date |
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0 - ContactTournament: All | Round: Finals | Opponent: Anyone | Judge: Anyone | 8/20/16 |
1 - PICs BadTournament: Isidore Newman | Round: 2 | Opponent: Carrollton AJ | Judge: Claire Kueffner
| 12/10/16 |
JANFEB - Mouffe ACTournament: Strake Jesuit | Round: 2 | Opponent: Montgomery AW | Judge: Martin Sigalow Resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech1ACFrameworkThe starting point for ethical discussion must be grounded in the material world and non-ideal theory. Ideal theory ignores social realities, which influence what we can count as an ideal in the first place, which means that they can never be applied in the real world.In the non-ideal reality of the heterogeneous United States, difference is inevitable. Three warrants:All forms of politics rely on linguistic norms that have no fundamental source of authority. Language is constructed through use, which is social in nature.Mouffe, Universities of Louvain, Paris and Essex and professorship at the Department of Politics and International Relations, University of Westminster in the United Kingdom, 1999 Analytic.Analytic.There is no I without the other. Identity is intersubjective and constructed through social relations, which are always changing. BUTLER:(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political) AnalyticGiven this, the mission of politics is to deal with these differences in a way that maintains the political system. Otherwise, the differences are left to fester and branch out to individual collectivities that destroy society, which is deeply antithetical to the practical goal of ethics."The Democratic Paradox" by Chantal Mouffe 2000 An agonistic democracy where difference is respected and all viewpoints are given a chance to engage in the political discourse is key to this end.
Analytic.Thus, the standard is cultivating agonistic democratic subjects.Impact calculus: The best way to foster agonistic democracy is by training people through participation in democratic practices. Analytic.Prefer additionally: Analytic:A. Analytic.B. Analytic.ContentionThe punishment from speech codes deter discussion, especially since they are often vague and up to the interpretation of the administration.Powers, Deputy Assistant U.S. Trade Representative for Public Affairs in the Clinton administration from 1993 to 1998 and column for The American Prospect and her numerous articles have appeared in USA Today, Elle, the New York Observer, Salon, and the Wall Street Journal, 2015 Speech codes create a culture of suppression that deter discussion. This creates a cyclical cycle where students never learn how to engage with other positions.Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015 Constitutionally protected speech solves.FIRE, 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate, no date The AFF is try or die. Millennials aren't engaged now.Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015 | 12/17/16 |
JANFEB - Mouffe AC V2Tournament: Emory | Round: 4 | Opponent: Anderson JT | Judge: Divyaansh Raj FrameworkI value morality because ought implies a moral obligation.The ethical question is posed intersubjectively: Analytic.Identity is the source of normativity as it gives the broad range of reasons that appeal to a person. For example, you wouldn't obligate a fire fighter to teach or a teacher to fight fire because those roles don't appeal to the agent's identity. But the identities that ground ethics are socially constructed. Butler:(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political) As fluid concepts, our identities can be denied by the people around us just as their identities can be denied of us. Therefore, ethics demands a recognition of the precarity of identity. Butler 2:Judith Butler. Frames of War: When Is Life Grievable? However, within these structures of recognition, difference is inevitable. Hagglund:"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND A. Analytic.B. Analytic.Thus, the standard is consistency with an agonistic pluralism.Only an agonistic democracy is grounded on the precarious structure of identity and the need to maintain openness and contestation as it embraces conflict and transforms it into something that recognizes that my identity is only constructed off of the other. Mouffe:"The Democratic Paradox" by Chantal Mouffe 2000 An agonistic pluralism is key to the maintenance of a healthy political community. Mouffe 2:"The Democratic Paradox" by Chantal Mouffe 2000 Prefer additionally: Double bind – To act morally one must first know what is the right thing to do, which means any moral system has to be derivative of the procedures intrinsic to agonistic conflict:A. Analytic.B. Analytic.C. Analytic.OffenseI contend constitutionally protected free speech is consistent with an agonistic pluralism.Speech codes create a culture of suppression that deter discussion. This creates a cycle where students never learn how to engage with other positions.Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015 Thought control prevents undermines the formation of well-constructed arguments.Azhar Majeed, November 18, 20'09, "Defying the Constitution: The Rise, Persistence, And Prevalence Of Campus Speech Codes", Georgetown Journal of Law and Public Policy, Fire.org, https://www.thefire.org/defying-the-constitution-the-rise-persistence-and-prevalence-of-campus-speech-codes/ Outweighs – training is key. People are not born as democratic subjects; butler indicates people are socialized into their identity. To create agonistic subjects means to socialize people into that identity. Mouffe 2:Mouffe 2000 (Chantal Mouffe. Democratic Paradox. Verso Publishing. 2000.) Constitutionally protected speech solves.FIRE, 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate, no date The framework requires working within current governmental structures.Marijanovic 2016. (Daniel Marijanovic. "WORKING WITH AND AGAINST CHANTAL MOUFFE FOR A DEFENCE OF AGONISTIC DEMOCRACY IN A POST-DEMOCRATIC AGE" McMaster University Master of Arts Thesis. 2016. — KW) This means NEG positions calling for unconstitutional actions don't turn case. | 1/28/17 |
JANFEB - Mouffe AC V3Tournament: Harvard | Round: 1 | Opponent: William Enloe TG | Judge: Mitali Mathur 1ACFrameworkI value morality because ought implies a moral obligation.Identity is the source of normativity as it gives the broad range of reasons that appeal to a person. For example, you wouldn't obligate a fire fighter to teach or a teacher to fight fire because those roles don't appeal to the agent's identity. But the identities that ground ethics are socially constructed through norms created by structures of recognition. Butler:(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political) Analytic.Oppression is the misdefinition of life. That means my framework comes first – it gives an account on how we are obligated to the other. Butler 2:Judith Butler. Frames of War: When Is Life Grievable? Analytic.However, within these structures of recognition, pluralism is inevitable. Hagglund:"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND Analytic.Defines oppression – Not recognizing the inevitability of difference and the political, fluid nature of exclusion reinforces hegemonic power structures. Mouffe:"The Democratic Paradox" by Chantal Mouffe 2000 Analytic.Analytic.Therefore, the correct ethical theory must recognize difference and exclusion as a condition for its normativity in the first place.The standard is consistency with an agonistic pluralism.Only an agonistic democracy is grounded in a social identity and recognition of difference as it embraces conflict and transforms it into something that recognizes that my identity is constructed off the other. Mouffe 2:"The Democratic Paradox" by Chantal Mouffe 2000 An agonistic pluralism is key to the maintenance of structures of identity. Mouffe 3:"The Democratic Paradox" by Chantal Mouffe 2000 Prefer additionally: 1. Double bind – To act morally one must first know what is the right thing to do, which means any moral system has to be derivative of the procedures intrinsic to agonistic conflict:Analytic.Analytic.2. Self-reflection is key to create social change and fight dominant social practices. SMITH and EATON:"Role of reflection and praxis in community-based learning and social justice work" by Toby Smith and Marie Eaton http://cielearn.org/wp-content/themes/ciel/docs/Praxis_Social20Justice202-10.pdf Impact calc: An agonism requires a state: Analytic.OffenseI contend constitutionally protected free speech is consistent with an agonistic pluralism.Agonism requires an acknowledgement that opposing beliefs are structurally legitimate.Mouffe 4 ~Chantal Mouffe, Professor at the Department of Political Science of the Institute for Advanced Studies. June 2000. "The Democratic Paradox"~ Speech codes create a culture of suppression that deter discussion. This creates a cycle where students never learn how to engage with other positions.Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015 Outweighs – Analytic.Controls the internal link to other frameworks – Analytic.Constitutionally protected speech solves.FIRE, 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate, no date The framework requires working within current governmental structures.Marijanovic 2016. (Daniel Marijanovic. "WORKING WITH AND AGAINST CHANTAL MOUFFE FOR A DEFENCE OF AGONISTIC DEMOCRACY IN A POST-DEMOCRATIC AGE" McMaster University Master of Arts Thesis. 2016. — KW) Analytic. | 2/19/17 |
MARAPR - Butler Whole Rez ACTournament: TFA State | Round: 4 | Opponent: Strake Jesuit JH | Judge: McGee FWKTruth does not exist independently of humans. For instance, individuals would have different interpretations of what is true if they were kept separate from each other. Thus, there are no a priori truth claims that can apply to every instance regardless of the context. Instead, we derive truth based on our relationships and agreements with others by understanding and affirming certain identities. Without this affirmation, it is impossible to claim anything as true since everything would be disagreed upon with no reason to prefer one interpretation over any other. Therefore, truth claims are filtered through relationships with other.Identity grounds normativity as it gives the broad range of reasons that motivate a person to act. Guiding action is a definitional requirement of ethics because it must tell us how to act. You wouldn't obligate a fire fighter to teach or a teacher to fight fire because the reasons to do those actions do not appeal to the identity of the agent. This means that any theory that is inconsistent with a social ontology can't guide action because it misunderstands the subject who it attempts to obligate.Identity is socially constructed through structures of recognition and a constant negotiation with the other.Butler (Judith Butler, Maxine Elliot Professor in the Department of Comparative Literature at UC Berkeley and the Program of Critical Theory, "Giving an Account of Oneself", Diacritics, Vol. 31, No. 4. (Winter, 2001), pp. 22-40, Online: http://www.jstor.org/stable/1566427 - MG) In these structures, identity is precarious. It is always at risk of being denied and made unintelligible by difference. Two warrants:My identity is created by factors I had not control over, like history and language.Butler 2 (Judith Butler, Maxine Elliot Professor in the Department of Comparative Literature at UC Berkeley and the Program of Critical Theory, "Giving an Account of Oneself", Diacritics, Vol. 31, No. 4. (Winter, 2001), pp. 22-40, Online: http://www.jstor.org/stable/1566427 - MG) Our understanding of identity and indeed all ethical judgements will always be marked by the inevitability of difference. Hagglund:"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND Denying alterity denies the precariousness of socialized identities. Structures of recognition are made possible by exposure to violence because that is how identities are formed.Takes out K alts and generic structural violence frameworks – Violence is constitutive and impossible to solve. The only thing to do is to figure out how to make decisions in the face of the violence. Anything else is a refusal to acknowledge the metaphysical constraints on action, leading to an endless pursuit of the impossible that can never yield anything of value.As subjects already embedded in norms that predate us, we engage in ethical discussions already committed to these structures of recognition. The question of what rules ought to guide our vulnerable encounters with others arises because we already emerge as subjects embedded in and dependent upon those structures of recognition. So, it is as subjects committed to maintaining the structures of recognition that political and ethical questions are intelligible.Given that the very constitutive nature of structures of recognition is precarity, to violate precarity is to undermine these structures of recognition that are the basis of ethics.Thus, the standard and role of the ballot is respecting the precarity of identity.Impact calc: Reproducing norms that differently allocate vulnerability is a failure to recognize the precarity of identity. (a) To place more vulnerability on one group of people is to deny that they matter in the construction of your own identity. (b) Unequally distributing vulnerability is an attempt to make oneself invincible to the influence of alterity, which is inconsistent with precarity because precarity is the condition of being vulnerable to the other.HarmsThe homeless are vulnerable to disproportionate levels of physical violence.NHCHC (National Health Care for the Homeless Council, network of more than 10,000 doctors, nurses, social workers, patients, and advocates who share the mission to eliminate homelessness, "STUDY SHOWS HOMELESSNESS INCREASES VULNERABILITY TO VIOLENCE", Online: http://www.nhchc.org/wp-content/uploads/2014/02/homelessness-increases-vulnerability-to-violence1.pdf - MG) Homeless as an identity is criminalized, rendering those forced into it ungreivable.Law Center (National Law Center on Homelessness and Poverty, "NO SAFE PLACE", Online: https://www.nlchp.org/documents/No_Safe_Place - MG) Mass media perpetuates lies about the homeless that render their bodies as meaningless to society.Truong (Shirley Truong, Principal Analyst and PhD from University of Santa Cruz, "Please Do Not Feed the Homeless:" The Role of Stereotyping and Media Framing on the Criminalization of Homelessness", December 2012, Online: http://escholarship.org/uc/item/9jv4v5nw - MG) And, not recognizing the homeless as people whose injuries against them are ethically wrong outweigh under our framework. Grievability is necessary to apprehend the vulnerability in our ontology. Butler 3~Judith. Frames of War: When Is Life Grievable? London: Verso, 2009. Print. End of intro pages 24-32.~ AdvocacyThus, the advocacy: The United States ought to guarantee a right to housing. Implementation is through the construction of mixed-income housing.SolvencyMixed income housing fights back against stigmatization.Goodman (Allison Padilla-Goodman, City University of New York, "Renewal and Disposability: Projects and Narratives of Development and Dispossession in the "New" New Orleans", CUNY Academic Works, February 1, 2014 – MG) This outweighs – we are structural prerequisite to any mindset shift because we create the norms or structures that identify the homeless as precarious bodies.To confer rights is to confer value. The AFF recognizes that the homeless are people who deserve care.Fitzpatrick, S., and Watts, B. (Suzanne Fitzpatrick, School of the Built Environment, Heriot-Watt University, Edinburgh, Scotland, UK, Bett Watts, Centre for Housing Policy, University of York, England, UK (2010). The 'Right to Housing' for Homeless People. Online: http://www.feantsaresearch.org/IMG/pdf/ch05.pdf P 115 Rights create avenues of legal recourse for the homeless.Hartman (Chester Hartman, American urban planner, author, and academic. He is Director of Research of the Poverty and Race Research Action Council (PRRAC), "The Case for a Right to Housing", 1998, Housing Policy Debate, Online: https://pdfs.semanticscholar.org/b39f/779ea88791e8f08dbb1351ec060ab6439085.pdf** - MG) Legal recourse outweighs: (a) causal – homeless lives are rendered ungrievable in a legal context, by disrupting legal norms, we change the system that causes oppressionThe AFF outweighs: Housing is especially important to the recognition of individuals.Adams (Kristen David Adams, Emory Law School with honors in 1995 and received the degree of masters of law from Yale Law School in 2000. While at Emory, she was a managing editor of the Emory Law Journal. Professor Adams received her Bachelor of Arts degree cum laude from Rice University in 1992, "DO WE NEED A RIGHT TO HOUSING?, April 16, 2009, Online: http://scholars.law.unlv.edu/cgi/viewcontent.cgi?article=1088andcontext=nlj** – MG) | 3/10/17 |
MARAPR - Home ACTournament: TFA State | Round: Doubles | Opponent: Cypress Woods LC | Judge: Aaron Timmons, Jacob Koshak, Chris Castillo 1ACPart 1 - FrameworkReasons function by appealing to identities..ANDThe ethical question is posed intersubjectively.Our practices function to produce and congeal social norms, which frames how we make sense of the world around us. Through performing and internalizing these norms, we are produced as specific kinds of subjects. Thus, the Role of the Judge is to embody the critic.To be a critic means to engage in practices that identify both the prevailing norms and the limits of intelligibility it imposes, both acts that risk losing recognition. The role of the ballot is to track the nexus of power and knowledge and the limits of intelligibility that nexus produces.Part 2 - The advocacyA. Inherency It is a congealed norm that the AFF has the burden of advocating a topical affirmative case. All of us in this room have extensive experience as members of this community and have learned part of the event history that preceded usB. Advocacy textI affirm that people in the United States debate community ought to guarantee a right to housing by not holding affirmatives to the limits of the NSDA topic when their AC critiques a norm in LD debate.Right to housing is defined by the NESRI asNational Economic and Social Rights Initiative ("WHAT IS THE HUMAN RIGHT TO HOUSING", NESRI works to build a broad movement for economic and social rights, including health, housing, education and work with dignity. Based on the principle that fundamental human needs create human rights obligations on the part of the government and private sector, NESRI advocates for public policies that guarantee the universal and equitable fulfillment of these rights in the United States. https://www.nesri.org/programs/what-is-the-human-right-to-housing) Part 3 - OffenseFirst, My advocacy enables the affirmative to embody the critic both by critiquing debate norms, including the norm of topical constraint. Denying affirmatives the ground to win by critiquing debate locks their practices and the in round discourse into topical limits, which are marred by social privilege.Warner 1 (2003 Ede Warner, Professor in the Communication department at University of Louisville, "Go Homers, Makeovers or Takeovers? A Privilege Analysis of Debate as a Gaming Simulation", Online: https://debate.uvm.edu/warner.doc - MG) Second, status quo debate practices are exclusionary.Warner 2003 (Ede Warner, Professor in the Communication department at University of Louisville, "Go Homers, Makeovers or Takeovers? A Privilege Analysis of Debate as a Gaming Simulation", Online: https://debate.uvm.edu/warner.doc - MG) This affirms: The only way to critique them is our advocacy.Third, Being able to critique debate is key to students exercising responsibility with respect to the the norms they reproduce. Treating that criticism as relevant to vote on is necessary for bearing responsibility over debate norm production | 3/18/17 |
MARAPR - Stock ACTournament: TFA State | Round: 1 | Opponent: Lutheran AD | Judge: Michael Brione Ought is defined by Merriam Webster as expressing a moral obligation. Therefore the value is morality.The starting point for ethical discussion must be grounded in the material world and non-ideal theory. Ideal theory ignores social realities, which influence what we can count as an ideal in the first place.Mills, Professor of Moral and Intellectual Philosophy at Northwestern University, 2000 Justice requires a multi-dimensional analysis. Every instance of injustice includes both an unequal distribution of resources and a misrecognition of identity. Singular theories that only focus on distribution or identity will inevitably fail.Fraser, American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, 09 Thus, the standard is promoting participatory parity. This recognizes the bivalence of oppression.Fraser 2, American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, 09 Prefer additionally: Double bind – to act morally one must first know what is the right thing to do, which means any moral system has to be derivative of the procedures intrinsic to a system of participatory parity:A. If our moral belief changes after a disagreement enabled by participatory parity, then it shows that preserving the relationship based off of openness and disagreement is necessary to identity moral errors.B. If my moral belief remains the same, it shows our beliefs are strong against criticism and therefore true.Contention 1 – A Segregated Public SphereHousing discrimination leads to racial segregation, Oliveri 1:(Rigel C. Oliveri. Isabelle Wade and Paul C. Lyda Professor of Law BA, with Highest Distinction, University of Virginia, '94 JD, Order of the Coif, Stanford Law School, '99 "Between a Rock and a Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, and Housing Discrimination" 62 Vand. L. Rev. 55. 2009) Inaccessible housing results in exclusion and marginalization of persons with disabilitiesOHCHR 09 OHCHR (Office of the United Nations High Commissioner for Human Rights). "The Right to Adequate Housing." Fact Sheet No. 21/Rev.1. November 2009. HW. http://www.ohchr.org/Documents/Publications/FS21_rev_1_Housing_en.pdf Contention 2 – Housing as a Freedom RightThe homeless are denied property rights and are therefore not free, King 1:King (Peter King, Centre for Comparative Housing Research, Reader in the Department of Public Policy, De Montfort University, Leicester, UK, "Housing as a Freedom Right." Housing Studies. 2003. http://www.tandfonline.com/doi/pdf/10.1080/02673030304259) Right to housing gateway right, King 2:King, Peter, 2003, BSc (Hons); PhD; FCIH, Housing as a Freedom Right, Centre for Comparative Housing Research, Department of Public Policy, De Montfort University, Leicester, UK ~Paper first received 7 October 2002; in final form 3 February 2003~, Housing Studies, Vol. 18, No. 5, 661–672, http://www.tandfonline.com/doi/abs/10.1080/02673030304259 Housing is a gateway to opportunities and engagement in the community. Hartman:Hartman, Chester. American urban planner, author, and academic. He is Director of Research of the Poverty and Race Research Action Council in Washington, D.C. Previously, he was PRRAC's Executive Director "The Case for a Right to Housing." Nhi.org. N.p., Winter 2006. Web. 14 July 2016. Contention 3Mass media perpetuates lies about the homeless that render their bodies as meaningless to society.Truong (Shirley Truong, Principal Analyst and PhD from University of Santa Cruz, "Please Do Not Feed the Homeless:" The Role of Stereotyping and Media Framing on the Criminalization of Homelessness", December 2012, Online: http://escholarship.org/uc/item/9jv4v5nw - MG) To confer rights is to confer value. The AFF recognizes that the homeless are people who deserve care.Fitzpatrick, S., and Watts, B. (Suzanne Fitzpatrick, School of the Built Environment, Heriot-Watt University, Edinburgh, Scotland, UK, Bett Watts, Centre for Housing Policy, University of York, England, UK (2010). The 'Right to Housing' for Homeless People. Online: http://www.feantsaresearch.org/IMG/pdf/ch05.pdf P 115 | 3/9/17 |
NOVDEC - Accountability ACTournament: Isidore Newman | Round: 5 | Opponent: Cypress Woods CJ | Judge: Adesuwa Omoruyi 1ACFrameworkThe starting point for ethical discussion must be grounded in the material world and non-ideal theory. Ideal theory ignores social realities, which influence what we can count as an ideal in the first place.Mills, Professor of Moral and Intellectual Philosophy at Northwestern University, 2000 Justice requires a multi-dimensional analysis. Every instance of injustice includes both an unequal distribution of resources and a misrecognition of identity. Singular theories that only focus on distribution or identity will inevitably fail.Fraser, American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, 09 Thus, the standard is promoting participatory parity. This recognizes the bivalence of oppression.Fraser 2, American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, 09 Prefer additionally: Double bind:A. Analytic.B. Analytic.HarmsUnarmed black and brown bodies are gunned down by police every day and the officers are getting away with it.Kindy, National investigative reporter for The Washington Post and participant in Pulitzer Prize winning team, 15 Qualified immunity protects officers who have clearly broken the law because the standards for being clearly established are far too high.Sheng, associate in Davis Polk's Litigation Department, practicing in the Menlo Park office, law clerk to the chief judge of the U.S. Court of Appeals for the Federal Circuit, 2012 Plan TextThus, I affirm: Resolved – The United States ought to limit qualified immunity for police officers by removing the "clearly established" standard to be whether it was clearly unconstitutional. CX check all spec, theory, and T interps to prevent needless theory. Substantive debate outweighs because its applicable in the real world.SolvencyCivil suits in constitutional rights violations are distinctly important in recognizing the importance of individuals who have their rights violated by government officials, even when the financial liability may be addressed by the government. Armacost 89(Barbara E. Armacost 51 Vand. L. Rev. 583 (1998) "Qualified Immunity- Ignorance Excused" J.D. University of Virginia School of Law 1989 M.T.S. Regent College of the University of British Columbia 1984 B.S. University of Virginia 1976 ) Civil recourse is key to individual recognition of status and authority of the plaintiffs, empowering them. Solomon 10Solomon '10 (Jason M. Solomon. Associate Professor, College of William and Mary Law School. "What is Civil Justice" Loyola Of Los Angeles Law Review. Vol. 44:317. Fall 2010. http://scholarship.law.wm.edu/facpubs/1149 — KW) And- Lawsuits are a redistribution method of participation-1. The foundation of tort law is one of monetary redistribution to a victim or community. The wrongdoer is forced to pay their distributed resources to the plaintiff.2. In the case of an unsuccessful suit, communities still eventually are repaid in the form of large scale reform. When civil suits fail, states and courts collect the data and information from those suits to determine new courses in law- meaning consistent lawsuits against police officers for wrongdoing will eventually bring about large-scale, beneficial change.It's hard to sue municipalities. The officers are the only route for justice.Chemerinskyaug, founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School of Law, with a joint appointment in Political Science, 2014 | 12/12/16 |
NOVDEC - Kant ACTournament: Isidore Newman | Round: 2 | Opponent: Carrollton AJ | Judge: Claire Kueffner 1ACFrameworkPresume aff and err aff because: a) time skew b) adaptability. Prefer theoretical presumption.I value morality because ought implies a moral obligation.The inescapable starting point of morality is that individuals are rational agents by submitting to a normative principle. Two warrants.Ferrero, University of Wisconsin at Milwaukee, 2009 Reason is universal. A - A reason for you must also be a reason for me.Velleman, Professor of Philosophy, Bioethics; Director of Undergraduate Studies, Ph.D., Princeton, 1983, 2006 Rational willing determines what is an action versus a series of fragmented events. Roedl.Sebastian Roedl. Prof. Of Philosophy, University of Leipzig. "Two Forms of Practical Knowledge and Their Unity" in Ford and Hornsby, Eds. Essays on Anscombe's Intention (Cambridge: Harvard University Press, 2011) 239.
Impact calculus:State key. The framework entails an omnilateral will or a higher authority to deal with rights conflicts.Ripstein, Arthur. "Kant on Law and Politics." University of Toronto Law School. http://www.law.utoronto.ca/documents/Ripstein/Kant_on_law.pdf. AFF first on risk of offense.ContentionFirst, public officials like police officers must act for public ends- they are contractually bound and that is where they derive their authority. Ripstein 16.Ripstein, Arthur. "Reclaiming Proportionality (Society for Applied Philosophy Annual Lecture 2016)." Journal of Applied Philosophy, 2016, doi:10.1111/japp.12238. professor of law and of philosophy at the University of Toronto JZ *brackets for gender* Immunity hinders essential tort litigation.Sheng, associate in Davis Polk's Litigation Department, practicing in the Menlo Park office, law clerk to the chief judge of the U.S. Court of Appeals for the Federal Circuit, 2012 Second, tort law captures the unique responsibility to other persons while maintaining freedom to pursue one's own conception of the good. Ripstein 4.Ripstein, Professor of Law at the University of Toronto, 2004 | 12/10/16 |
SEPTOCT - Soft Power ACTournament: Grapevine Classic | Round: 2 | Opponent: Hockaday KK | Judge: John Sims 1ACFramework:Attempting to understand beings, communities, and ethics as pure will inevitably fail:1. There is no possibility of understanding people in and of themselves. All identities are understood through the differentiation of social relations, which are by necessity constantly changing. BUTLER:(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political) A. Ethics has to start with the self – otherwise it can't guide action because its principle doesn't have a claim on what I ought to do. But, there is no single stable self. Any attempt to theorize the self would fail to understand the ontological status of the agent. MILLS:Charles W. Mills, "Ideal Theory" as Ideology, 2005 B. Analytic.Second, discrimination is constitutive of any moral theory because it requires one to distinguish between the ethical and anti-ethical. Differentiation becomes a condition for any decision, so justice is found in violence. HÄGGLUND:"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND ====A. Analytic. ==== ====B. Precedes idealized frameworks. The belief in absolute peace is self-contradictory and justifies absolute violence. HÄGGLUND 2:==== 3. The only way to resolve the inevitable conflict that comes with pluralism in our agency and ethics is to embrace that it is in fact inevitable. This requires an agonistic commitment, which recognizes that conflict is inevitable, but frames the other as a legitimate opponent instead of an enemy. MOUFFE:"The Democratic Paradox" by Chantal Mouffe 2000 DD AnalyticThus, the standard is promoting agonistic democracy. To clarify, the standard is concerned with the procedures of agonistic pluralism, not ends. MOUFFE 2:(Chantal Mouffe, Professor at the Department of Political Science of the Institute for Advanced Studies. June 2000. "The Democratic Paradox") First, educational spaces must embrace contestation as a condition for resistance. Any attempt to exclude challenges reaffirms pedagogical imperialism. RICKERT:(Thomas, ""Hands Up, You're Free": Composition in a Post-Oedipal World", JacOnline Journal,) Second, double bind analytic:A. Analytic.B. Analytic.OffenseSoft PowerThere are two types of energy production – soft energy and hard energy. Soft energy is localized and facilitates community involvement.Lovins, cofounder and Chief Scientist of Rocky Mountain Institute; energy advisor to major firms and governments in 65+ countries for 40+ years; author of 31 books and 600 papers; and an integrative designer of superefficient buildings, factories, and vehicles, 1976 AdvocacyThus, I affirm the prohibition of the production of nuclear power as a rejection of hard power and as a move toward soft power.Contention 1: Nuclear Reactors are CentralizedThe nuclear power lobby tries to disguise the facts but nuclear power's high costs require a centralized system. This is deeply rooted in a hard energy grid system where energy is produced by large, inflexible reactors.UCS, nonprofit science advocacy organization based in the United States, 2011 Nuclear reactors require centralized infrastructure from waste disposal to regulation.====Paperiello, Regional administrator of Nuclear Regulatory Commission, 2011==== Centralization not democratic.Lovins 2, cofounder and Chief Scientist of Rocky Mountain Institute; energy advisor to major firms and governments in 65+ countries for 40+ years; author of 31 books and 600 papers; and an integrative designer of superefficient buildings, factories, and vehicles, 1976 Contention 2: EmpowermentThe soft energy grid empowers the marginalized and gives them a voice in an agonistic democracy.Lovins 2, cofounder and Chief Scientist of Rocky Mountain Institute; energy advisor to major firms and governments in 65+ countries for 40+ years; author of 31 books and 600 papers; and an integrative designer of superefficient buildings, factories, and vehicles, 1976
Contention 3: TechnocracyThe risky, esoteric, and highly technical nature of nuclear power demands elitism. A ban on nuclear reactors is the first step away from hard energy.Lovins 3, cofounder and Chief Scientist of Rocky Mountain Institute; energy advisor to major firms and governments in 65+ countries for 40+ years; author of 31 books and 600 papers; and an integrative designer of superefficient buildings, factories, and vehicles, 1976
| 9/23/16 |
SEPTOCT - Soft Power AC V2Tournament: Greenhill | Round: 2 | Opponent: West Des Moines Valley SC | Judge: Christopher Vincent 1ACFramework:Attempting to understand beings, communities, and ethics as universal will inevitably fail:There is no I without the other. Identity is intersubjective and constructed through social relations, which are always changing. BUTLER:(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political) A. Ethics has to start with the self – otherwise it can't guide action because its principle doesn't have a claim on what I ought to do. But, there is no single stable self. Any attempt to universalize the conception of the self would fail to understand the ontological status of the agent. MILLS:Charles W. Mills, "Ideal Theory" as Ideology, 2005 B. Analytic.Second, differentiation is constitutive of any moral theory because it requires one to distinguish between the ethical and anti-ethical. Justice is found in discrimination. HÄGGLUND:"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND ====A. Analytic. ==== ====B. Precedes idealized frameworks. The belief in absolute peace is self-contradictory and justifies absolute violence. HÄGGLUND 2:==== 3. Aiming toward consensus is a false goal because consensus is impossible, difference is inevitable and contestation is key. Dividing people up and treating them as enemies is an equally false goal because it denies that the existence of an opposing identity is what constructs yours. The only way to resolve the inevitable conflict that comes with pluralism in our agency and ethics is to embrace an agonistic commitment, which recognizes that conflict is inevitable, but frames the other as a legitimate opponent instead of an enemy because without the opponent, your identity doesn't exist. MOUFFE:"The Democratic Paradox" by Chantal Mouffe 2000 DD Thus, the standard is promoting agonistic democracy. To clarify, the standard is concerned with the procedures of agonistic pluralism, not ends. MOUFFE 2:(Chantal Mouffe, Professor at the Department of Political Science of the Institute for Advanced Studies. June 2000. "The Democratic Paradox") First, educational spaces must embrace contestation. Any attempt to exclude challenges reaffirms pedagogical imperialism. RICKERT:(Thomas, ""Hands Up, You're Free": Composition in a Post-Oedipal World", JacOnline Journal,) Second, double bind – Analytic:A. Analytic.B. Analytic.OffenseSoft PowerThere are two types of energy production – soft energy and hard energy. Soft energy is localized and facilitates community involvement.Lovins, cofounder and Chief Scientist of Rocky Mountain Institute; energy advisor to major firms and governments in 65+ countries for 40+ years; author of 31 books and 600 papers; and an integrative designer of superefficient buildings, factories, and vehicles, 1976 AdvocacyThus, I affirm that countries ought to prohibit the production of nuclear power as a rejection of hard power. I reserve the right to clarify.CX checks all theory and spec interps otherwise the neg can force me into needless theory debates every round. Contention 1: Nuclear Reactors are CentralizedThe nuclear power lobby tries to disguise the facts but nuclear power's high costs require a centralized system. This is deeply rooted in a hard energy grid system where energy is produced by large, inflexible reactors.UCS, nonprofit science advocacy organization based in the United States, 2011 Nuclear reactors require centralized infrastructure from waste disposal to regulation.====Paperiello, Regional administrator of Nuclear Regulatory Commission, 2011==== Centralization not democratic.Lovins 2, cofounder and Chief Scientist of Rocky Mountain Institute; energy advisor to major firms and governments in 65+ countries for 40+ years; author of 31 books and 600 papers; and an integrative designer of superefficient buildings, factories, and vehicles, 1976 Contention 2: TechnocracyThe risky, esoteric, and highly technical nature of nuclear power demands elitism. A ban on nuclear reactors is the first step away from hard energy.Lovins 3, cofounder and Chief Scientist of Rocky Mountain Institute; energy advisor to major firms and governments in 65+ countries for 40+ years; author of 31 books and 600 papers; and an integrative designer of superefficient buildings, factories, and vehicles, 1976
Nuclear power reinforces all levels of social division- its centralized, technocratic nature legitimates these views throughout society and corrupts all levels of scientific analysis. Martin et. Al 84
UnderviewUse a truth-testing paradigm when evaluating the resolution. Any assumption devolves into some conception of truth. FREGE: | 9/23/16 |
SEPTOCT - Soft Power AC V3Tournament: Heart of Texas Invitational | Round: 2 | Opponent: Mountain Brook GD | Judge: Erick Berdugo 1AC – MouffeFramework:Attempting to understand beings, communities, and ethics as universal will inevitably fail:There is no I without the other. Identity is intersubjective and constructed through social relations, which are always changing. BUTLER:(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political) A. Ethics has to start with the self – otherwise it can't guide action because its principle doesn't have a claim on what I ought to do. But, there is no single stable self. Any attempt to universalize the conception of the self would fail to understand the ontological status of the agent. MILLS:Charles W. Mills, "Ideal Theory" as Ideology, 2005 B. Constraints K impacts – Analytic.Second, differentiation is constitutive of any moral theory because it requires one to distinguish between the ethical and anti-ethical. Justice is found in discrimination. HÄGGLUND:"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND ====A. Analytic. ==== ====B. Precedes idealized frameworks. The belief in absolute peace is self-contradictory and justifies absolute violence. HÄGGLUND 2:==== 3. Aiming toward consensus is a false goal because consensus is impossible, difference is inevitable and contestation is key. Dividing people up and treating them as enemies is an equally false goal because it denies that the existence of an opposing identity is what constructs yours. The only way to resolve the inevitable conflict that comes with pluralism in our agency and ethics is to embrace an agonistic commitment, which recognizes that conflict is inevitable, but frames the other as a legitimate opponent instead of an enemy because without the opponent, your identity doesn't exist. MOUFFE:"The Democratic Paradox" by Chantal Mouffe 2000 DD Thus, the standard is promoting agonistic democracy. To clarify, the standard is concerned with the procedures of agonistic pluralism, not ends. MOUFFE 2:(Chantal Mouffe, Professor at the Department of Political Science of the Institute for Advanced Studies. June 2000. "The Democratic Paradox") First, educational spaces must embrace contestation. Any attempt to exclude challenges reaffirms pedagogical imperialism. RICKERT:(Thomas, ""Hands Up, You're Free": Composition in a Post-Oedipal World", JacOnline Journal,) Second, double bind – Analytic:A. Analytic.B. Analytic.AdvocacyThere are two types of energy production – soft energy and hard energy. Soft energy is localized and facilitates community involvement.Lovins, cofounder and Chief Scientist of Rocky Mountain Institute; energy advisor to major firms and governments in 65+ countries for 40+ years; author of 31 books and 600 papers; and an integrative designer of superefficient buildings, factories, and vehicles, 1976 Thus, I affirm that countries ought to prohibit the production of nuclear power as a step towards soft energy. I reserve the right to clarify, otherwise the 1AC will be 6 minutes of specification.CX checks all theory and spec interps otherwise the neg can force me into needless theory debates every round.Advantage 1: CentralizationThe nuclear power lobby tries to disguise the facts but nuclear power's high costs require a centralized system. This is deeply rooted in a hard energy grid system where energy is produced by large, inflexible reactors.UCS, nonprofit science advocacy organization based in the United States, 2011 Nuclear reactors require centralized infrastructure from waste disposal to regulation.Paperiello, Regional administrator of Nuclear Regulatory Commission, 2011 Centralization not democratic.Lovins 2, cofounder and Chief Scientist of Rocky Mountain Institute; energy advisor to major firms and governments in 65+ countries for 40+ years; author of 31 books and 600 papers; and an integrative designer of superefficient buildings, factories, and vehicles, 1976 Advantage 2: TechnocracyRisks of a malfunction empower the government to do whatever they want to do at any cost.Lovins, cofounder and Chief Scientist of Rocky Mountain Institute; energy advisor to major firms and governments in 65+ countries for 40+ years; author of 31 books and 600 papers; and an integrative designer of superefficient buildings, factories, and vehicles, 1976 Nuclear power legitimizes the silencing of grassroots movements.Lovins, cofounder and Chief Scientist of Rocky Mountain Institute; energy advisor to major firms and governments in 65+ countries for 40+ years; author of 31 books and 600 papers; and an integrative designer of superefficient buildings, factories, and vehicles, 1976 A ban on nuclear reactors is the first step away from hard energy by breaking down the technocracy.Lovins 3, cofounder and Chief Scientist of Rocky Mountain Institute; energy advisor to major firms and governments in 65+ countries for 40+ years; author of 31 books and 600 papers; and an integrative designer of superefficient buildings, factories, and vehicles, 1976
| 10/15/16 |
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