Opponent: Lake Highland MK | Judge: Zohair Madhani
K
Glenbrooks
1
Opponent: Appleton East JV | Judge: Rodrigo Paramo
CP
Golden Desert
1
Opponent: Harker KK | Judge: Calen Smith
CP
Golden Desert
1
Opponent: Harker KK | Judge: Calen Smith
DA
Greenhill
5
Opponent: Westwood AG | Judge: Greg Malis
K
Greenhill
1
Opponent: St Thomas AcademyVisitation SK | Judge: Kyle Fennessy
DA
Harvard Westlake
2
Opponent: Flintridge Sacred Heart ER | Judge: Thomas Angus
CP
Harvard Westlake
2
Opponent: Flintridge Sacred Heart ER | Judge: Thomas Angus
DA
Harvard Westlake
4
Opponent: Brentwood LR | Judge: Shania Hunt
CP
Harvard Westlake
4
Opponent: Brentwood LR | Judge: Shania Hunt
CP
Harvard Westlake
Quarters
Opponent: Peninsula IG | Judge: Panel
CP
Harvard Westlake
2
Opponent: San Marino KW | Judge: Varad Agarwala
DA CP
Loyola
3
Opponent: North Hollywood JS | Judge: Kariman Dadah
DA
Loyola
5
Opponent: San Marino BK | Judge: Olivia Panchal
CP
Loyola
1
Opponent: Peninsula KJ | Judge: Joseph Barquin
CP
Loyola
1
Opponent: Peninsula KJ | Judge: Joseph Barquin
DA
Meadows
1
Opponent: Lynbrook AP | Judge: Nick Steele
DA
Meadows
1
Opponent: Lynbrook AP | Judge: Nick Steele
DA
Meadows
1
Opponent: Lynbrook AP | Judge: Nick Steele
DA
USC
2
Opponent: Cupertino HK | Judge: Aron Berger
T
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Cites
Entry
Date
1- T-Any
Tournament: USC | Round: 2 | Opponent: Cupertino HK | Judge: Aron Berger Interpretation: Cambridge Dictionary ’17 defines “Any” Cambridge Dictionary ‘17 - English Grammar Today, “Any,” Cambridge Dictionary (Web). Eds: Ronald Carter, Michael McCarthy, Geraldine Mark, and Anne O’Keeffe. Cambridge University Press. 2017. Accessed February 19, 2017.
(used in negative statements and questions) some, or even the smallest amount(of):
To clarify, if we replace the word any in the resolution with this definition, it reads “Public colleges and universities ought not to restrict (some, or even the smallest amount of) constitutionally protected speech.” This interpretation means that the aff plan may not specify a type of speech, but it may specify a subset of colleges or method of implementation.
3/4/17
Fuck Theory K
Tournament: Berkeley | Round: 3 | Opponent: Lake Highland MK | Judge: Zohair Madhani Political inaction is the logical consequence of ivory-tower academia that elevates writing over people. Debate needs to pre-empt academia’s nihilistic echo chamber – by teaching high school students college and grad school material, debate uniquely enables the possibility of training us to participate in effective, real-world emancipatory politics. The K destroys that possibility by bogging us down in theory that enslaves social movements to invented concepts and eliminates any possibility of effecting change as would-be activists become content to sip overpriced coffee while discussing the latest twist on post-Feminist psychoanalytic Afro-Marxist pessimism. Grounding impacts in anything other than tangible improvements in the lives of the downtrodden is the sole threat to leftist politics in the age of Trump, and should earn them a loss. Fuck Theory writes:
Ft, @FuckTheory, Twitter. 10 Nov 2016. Acc 20 Nov 2016. MO. Pilcrows indicate a new tweet. No tweets have been omitted. For at least 20 years, upper-middle class, often tenured academics have been teaching young people that politics is a futile form of irony. ¶I've watched Ivy League professors with tenure explain to graduate students with no health insurance that striking for pay is silly. ¶I've heard smug male assholes with Ph.D.s describe registering voters as the "busywork" of political activity.¶ I've watched Derrideans and Lacanians who own homes sneer at 19-year-olds who raise their hand to ask what forms of activism are useful.¶ I've watched ridiculous theory fakers who don't understand the first thing about Foucault explain to eager kids that society is a prison.¶ I've watched post-Zizek fuckboy Marxists condescendingly tell young socialists that signification, not class, is the REAL locus of struggle.¶ I've watched spirited black kids, spirited LGBT kids, spirited poor kids, show up at college hopeful for action only to be sold nihilism.¶ I've watched Tim Dean tell young men that ethical gay liberation means filling as many anonymous assholes with cum as possible.¶ I've watched Lee Edelman tell students with a shit-eating grin that hope is surrender and that fighting for the future is "heteronormative."¶ Kids who are the first of their family to go to college. Kids who spent their whole life fighting for a scholarship.¶ Kids who worked full time while they studied for their SATs rather than having the family tutor come with to the Hamptons every summer.¶ Kids who - like me - grew up looking with awe at the worn, dog-eared copies of the Communist Manifesto on their grandparents' bookshelves.¶ Kids who - like me - had the shit kicked out of them for being smart, for being queer, for being brave, for being different.¶ Kids who - like me - were told by adults that high school is hell but if I can JUST make it to college I'll find intellectual paradise.¶ The smartest kids. The most determined kids. The most enthusiastic kids. The kids who needed a concept of ethical politics the most.¶ The kids who could and in many cases would have gone back to their communities to teach, to write, to lead, to work.¶ For decades, smug, privileged hypocrites have enjoyed the benefits and social advantages they discouraged students from fighting for.¶ DO NOT @ ME TODAY I WILL RIP YOUR FACE OFF AND EAT YOUR FUCKING CHILDREN.¶ For decades, a small group of overpaid assholes too blind to see how lucky they are have been sapping the vigor of an entire generation. ¶ They haven't been pursuing a *different* form of activity. No. They have colluded with nihilism to ideologically devalue activity as such.¶ For decades, this country's smartest kids have had their entire concept of political activity reduced to this: Meme: Portrait of Michel Foucault, followed by Admiral Ackbar “It’s a trap!”¶ This is not the first time I have said these things. I've been saying them for years.¶ This rotting nihilism, this political Soylent, is a big part of why I stopped doing "queer theory" and eventually left academia.¶ This rotting nihilism is behind my commitment to pure positivity, to Spinozan metaphysics, to Nietzsche's joy and Irigaray's wonder.¶ This rotting nihilism is the reason I wept tears of relief the first time I read the Ethics, because here, finally, was pure love of being.¶ This isn't the first time I've said these things. I've been saying them for years. But it has become necessary to say them again.¶ It has become necessary because we are now bluntly, painfully living the consequences of that vile, pseudo-political anti-ethics.¶ Don't get me wrong, I'm not saying the tenured "queer" assholes at NYU and Yale are actually responsible for Trump.¶ No academic has ever had that much power, as much as they love to pretend they could.¶ But they are directly responsible for the nihilism and irony of a specific, crucial segment of the population who SHOULD be a vanguard.¶ Yesterday morning, my little segment of the Twitterverse was troubled by the rancid stench of a dazzlingly dumb and blind Jacobin op-ed.¶ This op-ed announced that the election result was the fault of "elites" and that the solution to it was "politics."¶ "Elites."¶ That op-ed was signed by five people...including not one but TWO white, well-educated, heterosexual married couples.¶ One of those heterosexual men teaches at Princeton. Aaaaand...the other has an MFA in writing from Sarah Lawrence But yeah. "Elites." ¶ What was these bold self-described radicals' proposed solution? "Politics."¶ Not a specific political orientation. Not a specific plan of political action. Not a coherent set of principles. "Do politics." Um. OK.¶ Then, this morning, no less a journalistic thinkfluencer than Hamilton Nolan excitedly announced a new movement. Image: Screencap of Deadspin, The Concourse, article titled “The New Movement Starts Now,” by Hamilton Nolan¶ Again, he doesn't have any particular platform or a specific political agenda.¶ He just thinks, you know, all things considered maybe politics is something we should maybe consider starting to do.¶ You'd think at least ONE of these dudes who talk about politics online for a living might have at least HEARD of @prisonculture, right?¶ I don't mention these white writers because they or their writing actually matter. I mention them as excellent, convenient examples.¶ Examples of a specific, crucial segment of the privileged, degree-hoarding elite who have been bitterly failed by their teachers.¶ Examples of a generation of students, with parents either hard-working or rich, trained by the handmaidens of late-capitalist automation.¶ A generation of students who can emit bullshit on command but can't actually write.¶ A generation of students who are impressed by neologisms but have no grasp of concepts.¶ A generation of students who think fully articulating why something can't be done is more profound than actually doing something.¶ A generation of students who value novelty more than history and think the phrase "always-already" absolves them of historicizing.¶ A generation of students who don't care about the coherent sic of the theory as long as they can feel superior to those kids from high school.¶ A generation of students who think memes are a form of political engagement.¶ A generation of students who think Lacan is a psychoanalyst and Zizek is a philosopher and that's exactly what their ideas look like.¶ Most importantly, though: a generation of students who think "politics" is something you can CHOOSE to do, can choose to opt in or out of.¶ Because that? That's the real privilege. Those are the real blinders. That is the real meaning of "elite": the ability to opt out of doing.¶ The freedom to "do" politics because of an intellectual curiosity and not because your life and the lives of those you love are in danger.¶ The privilege to genuinely live life thinking nobody around IS doing politics, and that, oh hey, maybe politics is something we should do?¶ In 2008 at the huge gender studies conference at Penn, I saw Jose Muñoz and Lisa fucking Duggan give a talk.¶ In 2008 at the huge gender studies conference at Penn, I saw Jose Muñoz and Lisa fucking Duggan give a talk.¶ Muñoz and Duggan get on stage and start talking in a cheery, excited tone about how they were recently having drinks in a West Village bar.¶ And as they were in this West Village bar drinking, they started to think, "Omg, isn't optimism like, SO over? Lol eyerolling emoji"¶ "So then we though, like, omg, what if instead of being hopeful and optimistic all the time, queer people tried being hopeless? Gag! Lol"¶ This, btw, is just a few hours after Jack Halberstam got up to talk about masochism and Mishima's suicide as models for queer politics.¶ So they're giving this talk and I am absolutely horrified, not just at the content, but at the Mean Girls-meets-deconstruction smugness.¶ Then the talk ends and there's a QandA. A very tall black woman with a single huge braid gets up to the microphone.¶ She looks at them and says "I'm a black lesbian, and I'm here to tell you that there is nothing affirming or positive about hopelessness."¶ (All quotations are approximate but I would wager at least 10-20 of my current followers must have been in that room that day).¶ You guys, I have never seen two people with confused arguments backpedal so fucking fast. SO fucking fast.¶ That was the day I stopped calling myself a queer theorist. And that talk is the best metaphor I have for the blindness I'm talking about.¶ Again, let's not exaggerate the importance of "theory." Trump didn't win the presidency because Lisa Duggan has her head up her own ass.¶ But when I look at how (over)educated white people of my generation talk about politics, I see the indelible smeary residue of that mindset.¶ One of the most painful things about this election - grim echo of 2000 - is how small the gap was in so many states.¶ And yes, that gap could maybe have been closed if Clinton had been shaking hands in Wisconsin instead of making cameos on Broad City.¶ But maybe it could also have been closed if an extra 5000 white people with BAs in English or history had sat their parents down for a talk.¶ Maybe it could have been closed if nobody were actually fucking stupid enough to think that "accelerationism" is a reason to vote for Trump.¶ Maybe that gap could have been closed if we had worried more and rolled our eyes less, if we had remembered more or talked to our elders.¶ There are people alive still who survived the Holocaust. My grandmother is still alive. The one with the scissors. Fascism isn't a fantasy.¶ And I too assumed that Clinton would win. I too thought I didn't have to do much except shrug and roll my eyes. I was wrong.¶ Many of us were wrong. And we're going to live with that fact for a long time. ...or maybe just until the tsunamis devour the cities.¶ The brunt of that fact is the realization that more could and should have been done, somehow, somewhere.¶ And I sympathize with guilt, truly I do. I'm not just Jewish but also a Freudian.¶ But the fact that you or I now awake to a new need or new urgency for action does not mean other have not, ahem, always-already been acting.¶ The work has been happening. People have been fighting. People have been dying.¶ It is only the bourgeois ideology of insular, self-oriented exceptionalism that makes you think you need to or even CAN start something new.¶ You're walking into the middle of a memorial service to tell the people who lost their loved ones that there's a war happening. No. Shit.¶ You know what pissed me off the most about Nolan's piece? This shit here: screencap of article¶ The last major moment of socio-political crisis in U.S. history was in the '60s and '70s? Really?¶ Go fuck yourself. Picture of c. 1980s Act Up HIV/AIDS March? ¶ The worst are the people saying it's "Time to get angry." What are you talking about? I've been a cauldron of seething rage for years.¶ You know why it's so quiet in your ivory tower? Because you throw anyone who makes too much noise out the window, that's why.¶ You told women of color they were too angry.¶ You told trans people they were too angry.¶ You told the militant gays they were too angry.¶ I was asked to undergo psychiatric evaluation by a university because of an angry email I wrote about my pay and my health care costs.¶ The same people who now want to get angry have spent literally years telling me my tone precludes rational engagement.¶ Another crucial moment in my decision to leave academia was a conversation with a professor of South Asian background.¶ I confessed to them that I had a really hard time with the passive-aggressive social protocols of WASP interactions.¶ They told me I just had to learn to talk like the WASPs do and I'd be fine.¶ Let me close with three appeals.¶ To those who teach their students to negate and dissemble instead of thinking, to those who spread false "theory": your time has come.¶ We see you. We finally understand you.¶ And most importantly: nobody believes anymore that your bullshit is a road to a career and bourgeois prosperity. Your trick has expired.¶ To those who are waking up and "getting angry," which mostly means educated white people, I say: welcome. Start by listening and learning.¶ You have likely been ill-served by poor teachers. That isn't on you. But it is on you to learn differently.¶ Many of you post-theory undergrads and grad students I'm thinking of have the Norton Anthology of Theory and Criticism on your bookshelf.¶ I'm sure you've read the Matthew Arnold and Walter Benjamin selections. Have you read those by Barbara Smith and Barbara Christian?¶ There are people already fighting virtually any fight you can think of fighting. Consider joining them.¶ But whether you join them or not, your paramount responsibility is not to continue spreading the blindness and negation you were taught.¶ Finally, to those still seeking their concepts; to those still hungry for knowledge; to those who are and will continue to be students:¶ Adequate knowledge is joyous. Good concepts are joyous. Healthy inquiry is joyous. Believe me. Believe that knowing can be fun not anxious.¶ I do not condemn disengagement or solitude. And I understand but do not approve of asceticism. But I resolutely, absolutely reject nihilism.¶ Reject those false teachers who tell you not to fight, not to need, not to question, not to hope. ¶ They are avatars of ressentiment, intellectual proxies of the status quo.¶ Trace a history of thought that affirms life. Read Spinoza. Read Nietzsche. Read Deleuze. Read Bergson. Read DuBois's Black Reconstruction.¶ Build communities of shared knowledge to replace the authority of inherited knowledge. Make new concepts.¶ And never again make the mistake of thinking politics or ethics are choices. They are not. They are imperatives.¶ OK all done thanks for listening and for mostly not replying in the middle of the thread you guys are great¶
2/19/17
Hate Crime DA and CP
Tournament: Harvard Westlake | Round: 2 | Opponent: San Marino KW | Judge: Varad Agarwala CP
CP Text: Public colleges and universities will implement new hate speech codes following Byrne 90’s recommendations: Byrne, J. Peter. Faculty Director; Georgetown Environmental Law and Policy Institute; Faculty Director, Georgetown State-Federal Climate Resource Center, John Hampton Baumgartner, Jr. Professor of Real Property Law B.A., Northwestern; M.A., J.D., University of Virginia "Racial Insults and Free Speech Within the University." Geo. LJ 79 (1990): 399. MC A central argument of this article has been that the university can be trusted to administer rules prohibiting racial insults because it has the proper moral basis and adequate expertise to do so. It is not surprising, therefore, that I believe that vagueness concerns about such university rules are largely misplaced. This is not to deny that a university should adopt safeguards to protect accused students from the concerns that the courts have highlighted. First, the rules should state explicitly that no one may be disciplined for the good faith statement of any proposition susceptible to reasoned response, no matter how offensive. The possibility that punishment is precluded by this limitation should be addressed at every stage of the disciplinary process. Second, some response between punishment and acquittal should be available when the university concludes that the speaker was subjectively unaware of the offensive character of his speech; these cases seem to present mainly educational concerns. Third, all controversial issues of interpretation of the rules should be entrusted to a panel of faculty and students who are representative of the institution. Rules furthering primarily academic concerns about the quality of speech and the development of students should be given meaning by those most directly concerned with the academic enterprise rather than by administrators who may register more precisely external political pressures on the university. Given these safeguards and a comprehensible definition of an unacceptable insult, such as the one ventured in the introduction to this article,179 a court which accepts the underlying proposition that a university has the constitutional authority to regulate racial insults should not be troubled independently by vagueness.
Competition
Mutual exclusivity: The aff can only protect constitutional free speech. Hate speech is constitutional. If the aff tries to perm the CP, it would be severance. 2. Net benefits: Any DAs read are net benefits to the CP and Disads to the aff. DA
Hate speech codes are becoming more prevalent on college campuses. Gould ‘01 Gould, Jon B. professor in the Department of Justice, Law and Society and at the Washington College of Law at American University, where he is also director of the Washington Institute for Public and International Affairs Research "The precedent that wasn't: College hate speech codes and the two faces of legal compliance." Law and Society Review (2001): 345-392. MC But such coverage aside, college hate speech codes are far from dead. As this article demonstrates, hate speech policies not only persist, but they have actually increased in number following a series of court decisions that ostensibly found many to be un- constitutional. This apparent contradiction-between judicial precedent on one hand and collegiate action on the other-may not be surprising to those who study judicial impact, or even to those who understand collegiate policymaking. But such con- certed and widespread noncompliance provides an excellent op- portunity to examine the process by which institutions respond to a change in the legal environment. Much of the literature to date has focused on the overall impact of Supreme Court case law or on the decisions of individuals or government bodies in responding to new cases. Less is known about the process of or- ganizational compliance or about the connection between indi- vidual compliance decisions and aggregate judicial impact.
Speech codes successfully challenge the words we use which are inexplicably linked to our thoughts. Therefore, they are able to target the deep rooted racism that usually goes unaddressed. Yun and Delgado ‘94 Yun, David H. Member of the Colorado bar. J.D., University of Colorado and Richard Delgado Charles Inglis Thomson Professor of Law, University of Colorado. J.D., U.C.- Berkeley. "The Neoconservative Case Against Hate-Speech Regulation—Lively, D'Souza, Gates, Carter, and the Toughlove Crowd." Vanderbilt Law Review 47 (1994). MC A second reason why even neoconservatives ought to pause before throwing their weight against hate-speech rules has to do with the nature of latter-day racism. Most neoconservatives, like many white people, think that acts of out-and-out discrimination are rare today. The racism that remains is subtle, "institutional," or "latter- day."4 It lies in the arena of unarticulated feelings, practices, and patterns of behavior (like promotions policy) on the part of institutions as well as individuals. A forthright focus on speech and language may be one of the few means of addressing and curing this kind of racism. Thought and language are inextricably connected. A speaker who is asked to reconsider his or her use of language may begin to reflect on the way he or she thinks about a subject. Words, external manifestations of thought, supply a window into the unconscious. Our choice of word, metaphor, or image gives signs of the attitudes we have about a person or subject. No readier or more effective tool than a focus on language exists to deal with subtle or latter-day racism. Since neoconservatives are among the prime pro- ponents of the notion that this form of racism is the only (or the main) one that remains, they should think carefully before taking a stand in opposition to measures that might make inroads into it. Of course, speech codes would not reach every form of demeaning speech or depiction. But a tool's unsuitability to redress every aspect of a prob- lem is surely no reason for refusing to employ it where it is effective.
Hate speech restrictions on college campuses have been used to punish those that perpetrate hate speech. Wisconsin’s codes proves. Hodulik, Patricia UW JD. "Racist Speech on Campus." Wayne Law Review 37.3 (1991): 1433-1450. GK The most serious concerns about adopting a rule restricting discriminatory harassment or hate speech were those involving legal questions as to whether any sort of restriction on expressive behavior could be accepted in a university setting. The Wisconsin cases, however, provide little evidence to suggest that free expression has been deterred or suppressed as a result of enforcement of the university's antiharassment regulation. In the eighteen months in which it has been in force, a total of thirty-two complaints have been filed alleging violations of the Wisconsin rule.14 Of these, thirteen were dismissed because they were found not to violate the rule;35 two were dismissed following a hearing; and in ten cases, discipline was imposed. 36 The disciplinary sanctions imposed included one written apology, one warning letter, seven disciplinary probations and one suspension. 37 All cases resulting in probation or suspension also involved conduct which violated some other provision of the student conduct codean assault, a threat, or disorderly conduct, for example.38 In no case was discipline imposed in connection with a classroom discussion or expression of opinion.3 9 In most of the cases leading to discipline, the rule violation involved the use of a discriminatory epithet rather than "other expressive behavior." 4 As the controversy over speech rules has continued in the press and other media, they have been cited as evidence of a trend toward thought control, "politically correct" thinking, and other repressive evils. 41 There is, however, little in these cases to suggest that the Wisconsin regulation has had the effect of cutting off debate within the university community, or that a narrow restriction on discriminatory, harassing speech creates a threat to free expression. Rather, the practical experiences with the Wisconsin rule indicate that the risk of a "chilling effect" on speech from a narrowly applicable rule is minimal or nonexistent.
Impact 1: Hate Crimes Racist speech and actions escalate. Permission normalizes racist speech and makes racists more likely to lash out at minorities. Delgado and Yun ’94: Delgado, Richard, Charles Inglis Thomson Professor of Law, University of Colorado. J.D., U.C.- Berkeley and David H. Yun Member of the Colorado bar. J.D., University of Colorado. "Pressure Valves and Bloodied Chickens: An Analysis of Paternalistic Objections to Hate Speech Regulation." California Law Review 82 (1994): 871. MC The pressure valve argument holds that rules prohibiting hate speech are unwise because they increase the danger racism poses to minorities. FN50 Forcing racists to bottle up their dislike of minority group members means that they will be more likely to say or do something hurtful later. Free speech thus functions as a pressure valve, allowing tension to dissipate before it reaches a dangerous level. FN5l Pressure valve proponents argue that if minorities understood this, they would oppose antiracism rules. ¶ The argument is paternalistic; it says we are denying you what you say you want, and we are doing it for your own good. The rules, which you think will help you, will really make matters worse. If you knew this, you would join us in opposing them. ¶ Hate speech may make the speaker feel better, at least temporarily, but it does not make the victim safer. Quite the contrary. the psychological evidence suggests that permitting one person to say or do hateful things to another increases, rather than decreases, the chance that he or she will do so again in the future. FN52 Moreover, others may believe it is permissible to follow suit. FNS3 Human beings are not mechanical objects. Our behavior is more complex than the laws of physics that describe pressure valves, tanks, and the behavior of a gas or liquid in a tube. In particular, we use symbols to construct our social world, a world that contains categories and expectations for "black," "woman," "child," "criminal," 'wartime enemy," and so on. FN54 Once the roles we create for these categories are in place, they govern "879 the way we speak of and act toward members of those categories in the future. FN55 ¶ Even simple barnyard animals act on the basis of categories. Poultry farmers know that a chicken with a single speck of blood will be peeked to death by the others. FN56 With chickens, of course, the categories are neural and innate, functioning at a level more basic than language. But social science experiments demonstrate that the way we categorize others affects our treatment of them. An Iowa teacher's famous "blue eyeslbrown eyes" experiment showed that even a one-day assignment of stigma can change behavior and school performance. FN57 At Stanford University, Phillip Zimbardo assigned students to play the roles of prisoner and prison guard, but was forced to discontinue the experiment when some of the participants began taking their roles too seriously. FN58 And Diane Sculley's interviews with male sexual offenders showed that many did not see themselves as offenders at all. In fact, research suggests that exposure to sexually violent pornography increases men's antagonism toward women and intensifies rapists' belief that their victims really welcomed their attentions. FNS9 At Yale University. Stanley Milgram showed that many members of a university *880 community could be made to violate their conscience if an authority figure invited them to do so and assured them this was the evidence. then, suggests that allowing persons to stigmatize or revile others makes them more aggressive, not less so. Once the speaker forms the category of deserved-victim, his or her behavior may well continue and escalate to bullying and physical violence. Further, the studies appear to demonstrate that stereotypical treatment tends to generalize -- what we do teaches others that they may do likewise. Pressure valves may be safer after letting off steam; human beings are not.
Impact 2: Psychological Violence Racist speech causes immense psychological harm which spills-over into the victims’ personal lives, forces some to disassociate from their identity, and communities who continue to excuse these events as pranks ostracizes them even more. Matsuda ‘89 Matsuda, Mari J. "Public response to racist speech: Considering the victim's story." Michigan Law Review 87.8 (1989): 2320-2381.ZW Racist hate messages are rapidly increasing and are widely distributed in this country using a variety of low and high technologies.82 The negative effects of hate messages are real and immediate for the victims.83 Victims of vicious hate propaganda have experienced physiological symptoms and emotional distress ranging from fear in the gut, rapid pulse rate and difficulty in breathing, nightmares, post-traumatic stress disorder, hypertension, psychosis, and suicide.84 Professor Patricia Williams has called the blow of racist messages "spirit murder" in recognition of the psychic destruction victims experience.85 ¶ Victims are restricted in their personal freedom. In order to avoid receiving hate messages, victims have had to quit jobs, forgo education, leave their homes, avoid certain public places, curtail their own exercise of speech rights, and otherwise modify their behavior and demeanor.86 The recipient of hate messages struggles with inner turmoil. One subconscious response is to reject one's own identity as a victim-group member.87 As writers portraying the African-American experience have noted, the price of disassociating from one's own race is often sanity itself.88 ¶ As much as one may try to resist a piece of hate propaganda, the effect on one's self-esteem and sense of personal security is devastating.89 To be hated, despised, and alone is the ultimate fear of all human beings. However irrational racist speech may be, it hits right at the emotional place where we feel the most pain. The aloneness comes not only from the hate message itself, but also from the government response of tolerance. When hundreds of police officers are called out to protect racist marchers,90 when the courts refuse redress for racial insult, and when racist attacks are officially dismissed as pranks, the victim becomes a stateless person. Target-group members can either identify with a community that promotes racist speech, or they can admit that the community does not include them.
Outweighs on specificity. The formative experience of university life makes hate speech uniquely harmful as it debases education by impressing pernicious, lifelong lessons upon not only the persecuted but also their persecutors. Matsuda ‘89 Mari Matsuda, “Public Response to Racist Speech: Considering the Victim’s Story”, Michigan Law Review, August 1989. DM University administrators at public institutions are bound by the first amendment under state action doctrine. At private institutions, the principle of free speech is often evoked as a matter of ethics, regardless of whether the Constitution applies directly. The university case raises unique concerns. Universities are special places, charged with pedagogy, and duty-bound to a constituency with special vulnerabilities. Many of the new adults who come to live and study at the major universities are away from home for the first time, and at a vulnerable stage of psychological development.249 Students are particularly dependent on the university for community, for intellectual development, and for self-definition. Official tolerance of racist speech in this setting is more harmful than generalized tolerance in the community-at-large. It is harmful to student perpetrators in that it is a lesson in getting-away-with-it that will have lifelong repercussions. It is harmful to targets, who perceive the university as taking sides through inaction, and who are left to their own resources in coping with the damage wrought.250 Finally, it is a harm to the goals of inclusion, education, development of knowledge, and ethics that universities exist and stand for.251 Lessons of cynicism and hate replace lessons in critical thought and inquiry. Outweighs case. The formation of the moral subject is the primary ethical question because to think about ethics in the context of actual practice we must be concerned with who is and is not defined as human. Butler ’05 - Judith Butler Professor of Rhetoric and Comparative Literature at University of California at Berkeley, Giving an Account of Oneself, New York: Fordham University Press (2005), p. 109-110 AT Several propositions that Adorno has laid out for us converge in some interesting and important ways with the problematic of ethics as it emerges for the late Foucault. Foucault, like Adorno, maintains that ethics can only be understood in terms of a process of critique, where critique attends, among other things, to the regimes of intelligibility that order ontology and, specifically, the ontology of the subject. When Foucault asks the question “What, given the contemporary regime of being, can I be?” he locates the possibility of subject formation in a historically instituted order of ontology maintained through coercive effects. There is no possibility of a pure and unmediated relation of myself to my will, conceived as free or not, apart from the constitution of my self, and its modes of self-observation, within a given historical ontology.¶ Adorno makes a slightly different point, but I think the two positions resonate with one another. Adorno claims that it makes no sense to refer in an abstract way to principles that govern behavior without referring to the consequences of any given action authorized by those principles. Our responsibility is not just for the purity of our souls but for the shape of the collectively inhabited world. This means that action has to be understood as consequential. Ethics, we might say, gives rise to critique or, rather, cannot proceed without it, since we have to become knowing about the ways in which our actions are taken up by the already-constituted social world and what consequences will follow from our acting in certain ways. Deliberation takes place in relation to a concrete set of historical circumstances, but more importantly, in relation to an understanding of the patterned ways in which action is regulated within the contemporary social horizon.¶ Just as Foucault objects to forms of ethics that consign the subject to an endless and self-berating preoccupation with a psyche, considered to be internal and unique, so Adorno objects to the devolution of ethics into forms of moral narcissim. Both are trying, in different ways, to dislodge the subject as the ground of ethics in order to recast the subject as a problem for ethics. This is not the death of the subject, in either case, but an inquiry into the modes by which the subject is instituted and maintained, how it institutes and maintains itself, and how the norms that govern ethical principles must be understood as operating not only to guide conduct but to decide the question of who and what will be a human subject.
Racist speech in itself is a form of spirit murder. Post ‘90 Post, Robert C. Professor of Law, School of Law (Boalt Hall), University of California at Berkeley. B.A., Harvard College, 1969; J.D., Yale University, 1977; Ph.D., Harvard University "Racist speech, democracy, and the first amendment." Wm. and Mary L. Rev. 32 (1990): 267. MC A third prominent theme in the contemporary literature is that racist expression harms individuals. This theme essentially analogizes racist expression to forms of communication that are regulated by the dignitary torts of defamation, invasion of privacy, and intentional infliction of emotional distress. The law compensates persons for dignitary and emotional injuries caused by such communication, and it is argued that racist expression ought to be subject to regulation because it causes similar injuries. These injuries include "feelings of humiliation, isolation, and self-hatred,"'3 2 as well as "dignitary affront."33 The injuries are particularly powerful because "racial insults . . . conjure up the entire history of racial discrimination in this country." In Patricia Williams' striking phrase, racist expression is a form of "spirit-murder." 35
1/14/17
Jan Feb-Title IX DA
Tournament: Golden Desert | Round: 1 | Opponent: Harker KK | Judge: Calen Smith Title IX DA Link Title IX requires universities restrict speech or lose funding. "Department of Justice: Title IX Requires Violating First Amendment." FIRE. FIRE, 29 Apr. 2016. Web. 24 Jan. 2017. AJ The Department of Justice now interprets Title IX to require colleges and universities to violate the First Amendment. ¶In an April 22 findings letter concluding its investigation into the University of New Mexico’s policies and practices regarding sex discrimination, the Department of Justice (DOJ) found the university improperly defined sexual harassment. DOJ flatly declared that “unwelcome conduct of a sexual nature”—including “verbal conduct”—is sexual harassment “regardless of whether it causes a hostile environment or is quid pro quo.” ¶To comply with Title IX, DOJ states that a college or university “carries the responsibility to investigate” all speech of a sexual nature that someone subjectively finds unwelcome, even if that speech is protected by the First Amendment or an institution’s promises of free speech. ¶“The Department of Justice has put universities in an impossible position: violate the Constitution or risk losing federal funding,” said Foundation for Individual Rights in Education (FIRE) President and CEO Greg Lukianoff. “The federal government’s push for a national speech code is at odds with decades of legal precedent. University presidents must find the courage to stand up to this federal overreach.”
Colleges that fail to comply with Title IX standards could lose funding. Simon, Cecilia Capuzzi. Journalist for NY Times,"Fighting for Free Speech on America's Campuses." The New York Times. NY Times, 1 Aug. 2016. Web. 22 Jan. 2017. AJ Universities investigated for violations of Title IX, or those that do not adequately investigate charges of sexual assault or harassment, face lengthy and expensive investigations — 246 cases are currently under investigation at 195 campuses. Those found guilty, public or private, could lose federal funding.
Title IX demands that educational programs not discriminate against any students or employees. "Title IX and Sex Discrimination." Home. US Department of Education (ED), Apr. 2015. Web. 23 Jan. 2017. AJ Title IX¶The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:¶No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.¶Scope of Title IX¶Title IX applies to institutions that receive federal financial assistance from ED, including state and local educational agencies. These agencies include approximately 16,500 local school districts, 7,000 postsecondary institutions, as well as charter schools, for-profit schools, libraries, and museums. Also included are vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories and possessions of the United States.¶Educational programs and activities that receive ED funds must operate in a nondiscriminatory manner. Some key issue areas in which recipients have Title IX obligations are: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and employment. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX. For a recipient to retaliate in any way is considered a violation of Title IX. The ED Title IX regulations (Volume 34, Code of Federal Regulations, Part 106) provide additional information about the forms of discrimination prohibited by Title IX.¶OCR’s Enforcement of Title IX¶OCR vigorously enforces Title IX to ensure that institutions that receive federal financial assistance from ED comply with the law. OCR evaluates, investigates, and resolves complaints alleging sex discrimination. OCR also conducts proactive investigations, called compliance reviews, to examine potential systemic violations based on sources of information other than complaints.¶In addition to its enforcement activities, OCR provides technical assistance and information and guidance to schools, universities and other agencies to assist them in voluntarily complying with the law. OCR’s Title IX Resource Guide PDF (501K) is a useful tool for schools and their Title IX coordinators to understand schools’ obligations under Title IX.¶For assistance related to Title IX or other civil rights laws, please contact OCR at OCR@ed.gov or 800-421-3481, TDD 800-877-8339. Impacts Federal funding is necessary to fund scientific research and to continue the Pell Grant program that grants financial aid to low income students. "Federal and State Funding of Higher Education." A Changing Landscape. The Pew Charitable Trusts, 11 June 2015. Web. 24 Jan. 2017. AJ States and the federal government have long provided substantial funding for higher education, but changes in recent years have resulted in their contributions being more equal than at any time in at least the previous two decades. Historically, states have provided a far greater amount of assistance to postsecondary institutions and students; 65 percent more than the federal government on average from 1987 to 2012. But this difference narrowed dramatically in recent years, particularly since the Great Recession, as state spending declined and federal investments grew sharply, largely driven by increases in the Pell Grant program, a need-based financial aid program that is the biggest component of federal higher education spending. ¶Although their funding streams for higher education are now comparable in size and have some overlapping policy goals, such as increasing access for students and supporting research, federal and state governments channel resources into the system in different ways. The federal government mainly provides financial assistance to individual students and specific research projects, while state funds primarily pay for the general operations of public institutions.
Lack of financial aid hurts communities of color. Flores, Antoinette. B.A. from Amherst, M.A. from George Mason University School of Public Policy, "How Public Universities Can Promote Access and Success for All Students." Center for American Progress. Center for American Progress, 9 Sept. 2014. Web. 24 Jan. 2017. AJ The nation’s public universities—a key vehicle of upward mobility—must do more to even the playing field for all students. As it currently stands, students from the least advantaged populations earn degrees at a lower rate and are burdened with a greater portion of debt than their peers. However, some standout public universities are reversing these trends by committing to need-based funding, offering successful student support programs, and providing institutional leadership. As both communities of color and the poverty rate continue to grow, it is economically imperative to improve the value of college for the least advantaged students.
2/4/17
Jan-Feb CP v2
Tournament: Golden Desert | Round: 1 | Opponent: Harker KK | Judge: Calen Smith CP
CP Text: Public colleges and universities will implement new hate speech codes following Byrne 90’s recommendations: Byrne, J. Peter. Faculty Director; Georgetown Environmental Law and Policy Institute; Faculty Director, Georgetown State-Federal Climate Resource Center, John Hampton Baumgartner, Jr. Professor of Real Property Law B.A., Northwestern; M.A., J.D., University of Virginia "Racial Insults and Free Speech Within the University." Geo. LJ 79 (1990): 399. MC A central argument of this article has been that the university can be trusted to administer rules prohibiting racial insults because it has the proper moral basis and adequate expertise to do so. It is not surprising, therefore, that I believe that vagueness concerns about such university rules are largely misplaced. This is not to deny that a university should adopt safeguards to protect accused students from the concerns that the courts have highlighted. First, the rules should state explicitly that no one may be disciplined for the good faith statement of any proposition susceptible to reasoned response, no matter how offensive. The possibility that punishment is precluded by this limitation should be addressed at every stage of the disciplinary process. Second, some response between punishment and acquittal should be available when the university concludes that the speaker was subjectively unaware of the offensive character of his speech; these cases seem to present mainly educational concerns. Third, all controversial issues of interpretation of the rules should be entrusted to a panel of faculty and students who are representative of the institution. Rules furthering primarily academic concerns about the quality of speech and the development of students should be given meaning by those most directly concerned with the academic enterprise rather than by administrators who may register more precisely external political pressures on the university. Given these safeguards and a comprehensible definition of an unacceptable insult, such as the one ventured in the introduction to this article,179 a court which accepts the underlying proposition that a university has the constitutional authority to regulate racial insults should not be troubled independently by vagueness.
Competition A. Mutual exclusivity: The aff must reject all restrictions on constitutionally protected speech. If the aff tries to perm the CP, it would be severance. The First Amendment protects hate speech. Cross apply to his Ruane card and prefer mine because it has empirical warrants and talk specifically about whether hate speech can be censored. The answer is a resounding no. Eko ‘06 - Lyombe Eko Associate Professor, School of Journalism and Mass Communication, University of Iowa, “New Medium, Old Free Speech Regimes: The Historical and Ideological Foundations of French and American Regulation of Bias-Motivated Speech and Symbolic Expression on the Internet,” 28 Loy. L.A. Int’l and Comp. L. Rev. 69 (2006). AT Under American jurisprudence, speech and communicative acts-including symbolic speech and expressive conduct-cannot be regulated on the basis of the content of the message.264 The American First Amendment regime is based on what Don Pember and Clay Calvert call "a preferred position balancing theory" whereby courts give freedom of expression a preferred position and "presume that the limitation on freedom of speech or freedom of the press is illegal., 265 This makes the United States unique in matters of freedom of speech and expression.¶ In contrast to French law, which bans the display of swastikas and other insignia of groups found guilty of crimes against S266 humanity, the First Amendment protects the public or private display of flags, emblems, insignia, and other indicia of unpopular, discredited, or even genocidal groups such as the Nazi party. Indeed, over the years the U.S. Supreme Court has invalidated several attempts to ban emblems and other indicia of political affiliation.267 As early as 1931, the Supreme Court struck down a California statute which criminalized the display of flags, badges, banners, or other devices that symbolized opposition to organized government.268¶ Furthermore, on appeal after remand from the U.S. Supreme Court, the Supreme Court of Illinois upheld displaying the swastika (the symbol of Hitler's National Socialist (Nazi) Party and its American progeny, the National Socialist (Nazi) Party of America) as protected symbolic political speech intended to convey to the public the political beliefs of those who displayed it in a controversial march.269 This decision followed after the U.S. Supreme Court held that the Nazi Party of America had a right to due process as well as a right to be free from government-imposed prior restraints.2 As Rodney Smolla aptly put it, "the Supreme Court did not say that the Nazis had a constitutional right to march in Skokie, but only that they had a constitutional right to be free of "prior restraints" against such a march., 271¶ These decisions are rooted in the fundamental principle under the First Amendment that the U.S. is a marketplace of ideas in which more speech and less regulation is favored.272 This free speech jurisprudence permits all speech except obscenity, 273 fighting words,274 and deceptive and misleading advertisements.275 In thes eUat.Str.la dt ho ef conc2e7p1t of hate crime has recently become a more settled area of law. Many American courts have noted that the motive for criminal behavior is often relevant in the sentencing of criminal conduct.2 77 Fighting words are not considered to be speech, and thus not within First Amendment protection.278 In contrast, restrictions on bias-motivated utterances must still satisfy the requirements of First Amendment guarantees of freedom of speech.279 Bias-motivated utterances can be criminalized, however, if they are associated with acts of violence or hate crimes.280¶ A number of American court cases show that even vile, repugnant and hateful speech, absent violence or threatening behavior, is protected. In Near v. Minnesota, the U.S. Supreme Court held that pre-publication censorship of repugnant anti- Semitic material defies First Amendment guarantees.281 In Rockwell v. Morris, the New York Supreme Court, Appellate Division, held that refusing to issue a permit to a "self-styled American Nazi and... a rabid racist" constituted a violation of the Fourteenth Amendment.282 The court explained, "The unpopularity of his views, their shocking quality, their obnoxiousness, and even their alarming impact was not enough" to warrant prior restraint. 281¶ In Brandenburg v. Ohio, the U.S. Supreme Court held that the constitutional guarantees of freedom of speech and of the press do not permit states to forbid or ban mere advocacy of the use of force or violation of the law unless such advocacy is designed to incite or produce imminent lawless action'8 In his concurring opinion, Justice Douglas suggested that racial animus and bias could be considered a type of belief system that the government had no business regulating.285¶ In R.A.V. v. The City of St. Paul, the U.S. Supreme Court stated that the First Amendment bars the government from silencing speech "because of disapproval of the ideas expressed. Content-based regulations are presumptively invalid. '' 286 In Capitol Square Review and Advisory Board v. Pinette, the U.S. Supreme Court held that the KKK had a constitutional right to place a cross in a public square.287 The Court found that even speakers or writers S 288 motivated by hatred, and ill-will are protected. Thus, when it comes to bias-motivated or hate speech and expressive conduct, the posture of the U.S. Supreme Court is that: "under the First Amendment, there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries but on the competition of other ideas." 9 Thus, the U.S. Supreme Court's posture contrasts sharply with France's content-based regulatory regime.
B. The Hate Speech DA is a net benefit.
Solvency A. Deterrence – The threat of punishment deters people from engaging in prohibited conduct. Hate speech restrictions on college campuses have been used to punish those that perpetrate hate speech. Wisconsin’s codes proves. Hodulik ’91 - Patricia UW JD. "Racist Speech on Campus." Wayne Law Review 37.3 (1991): 1433-1450. GK The most serious concerns about adopting a rule restricting discriminatory harassment or hate speech were those involving legal questions as to whether any sort of restriction on expressive behavior could be accepted in a university setting. The Wisconsin cases, however, provide little evidence to suggest that free expression has been deterred or suppressed as a result of enforcement of the university's antiharassment regulation. ¶ In the eighteen months in which it has been in force, a total of thirty-two complaints have been filed alleging violations of the Wisconsin rule.14 Of these, thirteen were dismissed because they were found not to violate the rule;35 two were dismissed following a hearing; and in ten cases, discipline was imposed. 36 The disciplinary sanctions imposed included one written apology, one warning letter, seven disciplinary probations and one suspension. 37 All cases resulting in probation or suspension also involved conduct which violated some other provision of the student conduct codean assault, a threat, or disorderly conduct, for example.38 In no case was discipline imposed in connection with a classroom discussion or expression of opinion.3 9 In most of the cases leading to discipline, the rule violation involved the use of a discriminatory epithet rather than "other expressive behavior." 4¶ As the controversy over speech rules has continued in the press and other media, they have been cited as evidence of a trend toward thought control, "politically correct" thinking, and other repressive evils. 41 There is, however, little in these cases to suggest that the Wisconsin regulation has had the effect of cutting off debate within the university community, or that a narrow restriction on discriminatory, harassing speech creates a threat to free expression. Rather, the practical experiences with the Wisconsin rule indicate that the risk of a "chilling effect" on speech from a narrowly applicable rule is minimal or nonexistent.
B. Speech codes successfully challenge the words we use which are inexplicably linked to our thoughts. Therefore, they are able to target the deep rooted racism that usually goes unaddressed. Yun and Delgado ‘94 Yun, David H. Member of the Colorado bar. J.D., University of Colorado and Richard Delgado Charles Inglis Thomson Professor of Law, University of Colorado. J.D., U.C.- Berkeley. "The Neoconservative Case Against Hate-Speech Regulation—Lively, D'Souza, Gates, Carter, and the Toughlove Crowd." Vanderbilt Law Review 47 (1994). MC A second reason why even neoconservatives ought to pause before throwing their weight against hate-speech rules has to do with the nature of latter-day racism. Most neoconservatives, like many white people, think that acts of out-and-out discrimination are rare today. The racism that remains is subtle, "institutional," or "latter- day."4 It lies in the arena of unarticulated feelings, practices, and patterns of behavior (like promotions policy) on the part of institutions as well as individuals. A forthright focus on speech and language may be one of the few means of addressing and curing this kind of racism. Thought and language are inextricably connected. A speaker who is asked to reconsider his or her use of language may begin to reflect on the way he or she thinks about a subject. Words, external manifestations of thought, supply a window into the unconscious. Our choice of word, metaphor, or image gives signs of the attitudes we have about a person or subject. No readier or more effective tool than a focus on language exists to deal with subtle or latter-day racism. Since neoconservatives are among the prime pro- ponents of the notion that this form of racism is the only (or the main) one that remains, they should think carefully before taking a stand in opposition to measures that might make inroads into it. Of course, speech codes would not reach every form of demeaning speech or depiction. But a tool's unsuitability to redress every aspect of a prob- lem is surely no reason for refusing to employ it where it is effective.
C. Hate speech codes take a symbolic stand. The University communicates to those inclined to engage in hate speech that the community will not silently acquiesce to their hateful ideology, and communicates to the targets of hate speech that the University will support and protect them. Nozick ’89 describes the expressive function of state action. Robert Nozick Prof., Harvard University, The Examined Life: Philosophical Mediations, New York: Simon and Schuster (1989), p. 286-288 We want our individual lives to express our conceptions of reality (and of responsiveness to that); so too we want the institutions demarcating our lives together to express and saliently symbolize our desired mutual relations. Democratic institutions and the liberties coordinate with them are not simply effective means toward controlling the powers of government and directing these toward matters of joint concern; they themselves express and symbolize, in a pointed and official way, our equal human dignity, our autonomy and powers of self-direction. We vote, although we are cognizant of the minuscule probability that our own actual vote will have some decisive effect on the outcome, in part as an expression and symbolic affirmation of our status as autonomous and self-governing beings whose considered judgments or even opinions have to be given weight equal to those of others. That symbolism is important to us. Within the operation of democratic institutions, too, we want expressions of the values that concern us and bind us together. The libertarian position I once propounded now seems to me seriously inadequate, in part because it did not fully knit the humane considerations and joint cooperative activities it left room for more closely into its fabric. It neglected the symbolic importance of an official political concern with issues or problems, as a way of marking their importance or urgency, and hence of expressing, intensifying, channeling, encouraging, and validating our private actions and concerns toward them. Joint goals that the government ignores completely – it is different with private or family goals – tend to appear unworthy of our joint attention and hence to receive little. There are some things we choose to do together through government in solemn marking of our human solidarity, served by the fact that we do them together in this official fashion and often also by the content of the action itself.
2/4/17
Nov-Dec-Court Clog DA
Tournament: Harvard Westlake | Round: 2 | Opponent: Flintridge Sacred Heart ER | Judge: Thomas Angus Court Clog DA Link
Qualified immunity reduces the number of cases there will be in the courts because attorneys will be deterred from taking the cases, interlocutory appeal is permitted at every stage, federal judges defer federal agents, the inability to attain attorney’s fees, and individual agents don’t pay indemnification fees. Reinert ’10 - Reinert, Alexander A. "Does Qualified Immunity Matter." U. St. Thomas LJ 8 (2010): 477.ZW Nearly every respondent, regardless of the breadth of her experience, confirmed that concerns about the qualified immunity defense play a sub-stantial role at the screening stage.91 For some, qualified immunity was theprimary factor when evaluating a case for representation. Most of these re-spondents focused on the hostility to Bivens and other civil rights actions within our own circuits whgen explaining why qualified immunity was so significant a case-evaluation tool. For inctance, one advocate operating in the Fourth Circuit explained that the court’s approach forced him to take qualified immunity concerns into account at the outset of client screening. Similarly, a lawyer working in Illinois stated that because of the Seventh Circuit’s case law, he will not take a case if there is even the “slightest chance” the dismissal will be base on qualified immunity.∂ For those respondents who felt that qualified immunity was less signif-icant, the explanation often addressed other case-selection criteria. For in-stance, multiple respondents indicated that they only accepted the most egregious casa for representation, which made it unlikely that qualified immunity would play a role.94 While acceptance of egregious cases was not designed to avoid qualified immunity concerns, it had this incidental effect because it is unlikely that a defendant who committed an egregious viola-tion would also be protected by qualified immunity. For a few other respon-dents, qualified immunity did not play a role either because of self-professed hubris” or a unique mission. Respondents who worked at non-profit organizations or who had other law reform goals, for instance, ex-pressed concern about qualified immunity but stated that it was not disposi-tive because of their organization's mission.“∂ Only one respondent, with a small amount of experience litigating Biv-ens actions, the role of qualified immunity.” Instead, this re-spondent’s concerns about Riven: litigation had more to do with the “special factors” analysis than qualified immunity. Thus, my study suggests nearly overwhelming support for the proposition that qualified immunity considerations matter at the screening stage, and some attorneys consider them dispositive. 0n the substantive side, some respondents accounted for qualified immunity by not taking cases in which it could be raised, taking only the most egregious cases, or attempting to limit the impact of circuit precedent by litigating cases in state court (something that is a non-starter for Bivens claims).98∂ Qualified immunity also mattered to these attorneys on the procedural side. That is, the aspect of qualified immunity that permits interlocutory appeal at every stage of the proceeding, with stays of discovery routinely granted pending the resolution of a qualified immunity defense, also oper-ates as a substantial factor in case screening. Two respondents indepen-dently referred to the interlocutory appeal issue as a “killer,” because it slowa down the litigation.99 While an appeal is being resolved, evidence may become stale, witnesses may disappear, and a client may lose hope.100 For defendents in a case with political implications, the delays occasioned by the procedural aspect of qualified immunity may stretch litigation on so that it becomes the problem of a new administration.101∂ Finally, the attorneys offer some explanations regarding the relative scarcity of Bivens litigation and its perceived lack of success. Some respon-dents noted that one explanations for the difficulty bringing Bivens suits relates to the tendency of federal judges to defer to federal agents, particularly law enforcement agents.102 Others pointed to the related observation that federal agents are, as a matter of both perceptions and reality, more sophisti-cated, professional, and well-trained than their state counterparts.103 Finally, some respondents indicated that the inability to obtain attorneys’ fees for Bivens actions, as well as the formal position that the federal government takes regarding indemnification of individual employees, deters lawyers form bringing such claims. 104
Qualified immunity is essential in preventing court clog. Putnam ’92 - Charles T. Putnam Senior Assistant Attorney General, New Hampshire and Charles T. Ferris JD, Franklin Pierce Law Center, “Defending a Maligned Defense: The Policy Bases of the Qualified Immunity Defense in Actions Under 42 USC 1983,” Bridgeport Law Review, Vol. 12, 1992. MC National resources are obviously scarce, yet increasing numbers of section 1983 actions are being filed in overburdened federal courts. Reducing the load of these cases on the court system is a third essential policy consideration. Some courts have questioned whether the abundance of section 1983 cases in fed-eral courts is an efficient use of judicial resources in light of the perception that many such actions are of questionable merit."6¶ The Supreme Court has thus encouraged the use of summary judgment where courts are faced with such cases. For instance, in Butz v. Economou,7 the Court held: Insubstantial lawsuits can be quickly terminated by federal courts alert to the possibilities of artful pleading. Unless the complaint states a compensable claim for relief under the Federal Constitution, it should not survive a motion to dismiss. Moreover, the Court recognized in Scheuer that damages suits concerning constitutional violations need not proceed to trial, but can be terminated on a properly supported motion for summary judgment based on the defense of immunity.... In responding to such a motion, plaintiffs may not play dog in the manger; and firm application of the Federal Rules of Civil Procedure will ensure that federal officials are not harassed by frivolous lawsuits.18 The courts' use of summary judgment and other procedural devices is thus an important safety measure for both the courts and defendants facing suit.
Impacts T/ Makes Civil Litigation Harder Court clog increases the cost of civil litigation and the amount of time it takes for civil cases to get to trial, which turns case. Thanawala ’15 - Thanawala, Sudhin Legal affairs expert and reporter for US News and Associated Press “Overloaded federal courts lead to delays in civil, criminal cases as judges try to keep up,” US News, September 27, 2015. http://www.usnews.com/news/us/articles/2015/09/27/wheels-of-justice-slow-at-overloaded-federal-courts. LG Across the country, federal district courts have seen a rise in recent years in the time it takes to get civil cases to trial and resolve felony criminal cases as judges' workloads have increased, according to statistics from the Administrative Office of the U.S. Courts.∂ The problem is particularly acute in some federal courts such as California's and Texas's Eastern Districts. Judges there have workloads about twice the national average and say they are struggling to keep up.∂ The result, the judges and attorneys say, is longer wait times in prison for defendants awaiting trial, higher costs for civil lawsuits and delays that can render those suits moot.∂ "I think it's fair to say that things are quite bad," said Matt Menendez, a lawyer with the Brennan Center for Justice at New York University School of Law who has studied judicial caseloads.∂ Legal scholars say Congress needs to fill judicial vacancies more quickly but also increase the number of judges in some districts — both issues that get bogged down in partisan political fights over judicial nominees.∂ California's Eastern District, which covers a large swath of the state that includes Sacramento and Fresno, has had an unfilled judicial vacancy for nearly three years, and it has the same number of judicial positions — six — it had in 1978, according to the Administrative Office of the U.S. Courts.∂ The Judicial Conference of the United States, the national policy-making body for the federal courts, has recommended Congress double the number of judicial positions in the district.∂ In the late 1990s, the median time for civil cases to go to trial in the district averaged 2 years and four months. From 2009 to 2014, that number jumped by more than a year. The median time to resolve criminal cases nearly doubled to an average of 13 months.∂ "You're never out from under it," said Morrison England, the court's chief judge. "You're constantly trying to do what you can to get these cases resolved, and we just can't do it."∂ The weighted caseload per judge has climbed from an average of nearly 600 in the late 1990s to over a 1,000.∂ The Eastern District of Texas has seen similar increases.
Court clog decreases the quality of judgments, which turns case. Oakley ’96 - Oakley, John B. “The Myth of Cost-Free Jurisdictional Reallocation.” The Annals of the American Academy of Political and Social Science, vol. 543, 1996, pp. 52–63. www.jstor.org/stable/1048447.ZW Personal effects: The hidden costs of greater workloads. The hallmark of federal justice traditionally has been the searching analysis and thought-ful opinion of a highly competent judge, endowed with the time as well as the intelligence to grasp and re-solve the most nuanced issues of fact and law. Swollen dockets create assembly-line conditions, which threaten the ability of the modern federal judge to meet this high standard of quality in federal adjudication. ∂ No one expects a federal judge to function without an adequate level of available tangible resources: suffi-cient courtroom and chambers space, competent administrative and re-search staff, a good library, and a comfortable salary that relieves the judge from personal financial pres-sure. Although salary levels have leased—encouraging judges to engage in the limited teaching and publica-tion activities that are the sole means of meeting such newly pressing fi- nancial obligations as the historically high mortgage expenses and college tuitions of the present decade—in the main, federal judges have received a generous allocation of tangible re- sources. It is unlikely that there is any further significant gain to be re-alized in the productivity of individ-ual federal judges through increased levels of tangible resources, other than by redressing the pressure to earn supplemental income. ∂ On a personal level, the most im-portant resource available to the federal judge is time.” Caseload pressures secondary to the indisr-criminate federalization of state law are stealing time from federal judges, shrinking the increments available for each case. Federal judges have been forced to compensate by operat-ing more like executives and less like judges. They cannot read their briefs as carefully as they would like, and they are driven to rely unduly on law clerks for research and writing that they would prefer to do themselves."∂ If federal judges need more time to hear and decide each case, an obvious and easy solution is to spread the work by the appointment of more and more federal judges. Congress has been generous in the recent creation of new judgeships," and enlargement of the federal judiciary is likely to continue to be the default response, albeit a more grudging one, to judi-cial concern over the caseload consequences of jurisdictional reallocation.∂ Systemic effects: The hidden costs of adding more judges. Increasing the size of the federal judiciary creates institutional strains that reduce and most ultimately rule out its contin-ued acceptability as a countermea-sure to caseload growth. While the dilution of workload through the ad-dition of judges is always incremen-tally attractive, in the long run it will cause the present system to collapse.
Economic Impacts – T/Hurt the Poor Court clog hurts small businesses: Ashley Post Managing Editor, “Frivolous lawsuits clogging U.S. courts, stalling economic growth,” Inside Counsel (Web). July 22, 2011. Accessed November 5, 2016. http://www.insidecounsel.com/2011/07/22/frivolous-lawsuits-clogging-us-courts-stalling-eco?slreturn=1478366454 AT The entrepreneurial system that we’ve developed for litigation in this country has always been an impetus to bringing cases that are close to the line or even over the line,” says Dechert Partner Sean Wajert. “When you have that kind of encouragement, you have a slippery slope, which sometimes people will slide down and get into questionable and even abusive and frivolous claims along the way.”¶ The result is clogged courts and corporate funds that finance defense costs instead of economic investment. Small businesses and startups with less than $20 million in revenue suffer the most because they pay a higher percentage of their revenues toward tort costs than larger companies do, and therefore they become less able to invest in research and development, create new jobs, and give raises and benefits to employees. Job loss and financial hardship exacts a tremendous human cost. Dao and Loungani ’10 - Dao, Mai, and Loungani, Prakash. “The Human Cost of Recessions: Assessing It, Reducing It.” November 11, 2010. IMF Staff Position Note, IMF Research Department. MO.
The human and social costs of unemployment are more far-reaching than the immediate temporary loss of income. They include loss of lifetime earnings, loss of human capital, worker discouragement, adverse health outcomes, and loss of social cohesion. Moreover, parents’ unemployment can even affect the health and education outcomes of their children. The costs can be particularly high for certain groups, such as youth and the long-term unemployed (see Katz, 2010; von Wachter, 2010a, 2010b; Holzer, 2010). A. Cost to Individuals and Families Loss of earnings: Layoffs are associated with substantial loss of earnings both over the short and long run. That is, even when workers are re-employed shortly after displacement, they suffer a decline in wages compared to the pre-displacement job and compared to similar workers that were not displaced. The decline in earnings is on average observed for job losers in any period, but is most pronounced for job losers during a recession (see Farber, 2005). Studies for the United States show that these earnings losses persist even in the long run: 15–20 years after a job loss in a recession, the earnings loss amounts on average to 20 (see e.g. Jacobson et al., 1993; von Wachter et al., 2009). An illustration of an average earnings path before and after job separation during the recession in the 1980s using U.S. administrative data is taken from von Wachter et al. (2009) and reproduced in Figure 4. These sustained earnings losses stem from the decline in value of certain occupation- or industry-specific skills that become obsolete, from the time-intensive process of finding an appropriate job, in particular for a mature worker, but also from so called “cyclical downgrading”— when workers take up worse jobs than they otherwise would have had in the absence of a recession. There is also evidence that the adverse effects on lifetime earnings are most pronounced for unemployment spells experienced at youth, especially upon college graduation, making the rising youth unemployment rate a particularly serious concern (see Oreopoulos et al., 2008; Kondo, 2008; Kahn, 2010). Using similar data and empirical methodology as the U.S. studies above, Schmieder et al. (2009) also find that workers who lost their stable jobs in 1982 in Germany suffered earnings losses of 10–15 that lasted at least 15 years. Thus even in countries with more generous welfare systems and lower earnings inequalities, workers are not shielded from long lasting and large income losses caused by job displacement. Impact on health: The hardship of job loss also has serious negative impacts on health. In the short run, layoffs are associated with higher risk of heart attacks and other stress-related illnesses (Burgard et al., 2007). But even in the long term, the mortality rate of workers that have been laid off is on average higher than that of comparable workers that did not lose their jobs, controlling for other relevant individual and aggregate characteristics. Based on social security data for the United States, Sullivan and von Wachter (2009) estimate that increased mortality rate due to unemployment can persist up to 20 years after the job loss and lead to an average loss of life expectancy from 1 to 1.5 years (see Figure 5). Moreover, displaced workers’ loss in earnings is associated with the increase in mortality odds: workers that are displaced but are lucky enough not to suffer a loss in subsequent earnings are not found to have a higher rate of mortality (Figure 6). This suggests that financial resources serve as an important determinant of individual health by influencing the ability to invest in good health care (and access to health insurance) and a healthy lifestyle, while a shortage of resources leads to poor lifestyle choices and can also be the reason for stress and depression.
Causes Rollback in constitutional Rights Courts limit constitutional rights to counter court clog, Fallon 11 Richard H. Fallon, Jr., (Professor of Law @ Harvard). “Asking the Right Questions About Officer Immunity.” 80 Fordham L. Rev. 479 (2011). http://ir.lawnet.fordham.edu/flr/vol80/iss2/3 As another possible response to a world without official immunity, the Supreme Court might diminish the scope of at least some substantive constitutional rights. Indeed, I think I can identify cases in which the Court has already trimmed the scope of constitutional rights for the purpose of stemming what it has regarded as an undue flood of suits for damages into federal court. ∂ Expressing concerns that the Due Process Clause should not become a font of tort law, the Court held in Paul v. Davis 48 that a plaintiff whose name and photograph had been included in a police flyer identifying active shoplifters had not alleged an actionable due process violation because mere harm to reputation does not count as a deprivation of constitutionally protected “liberty.” 49 Paul’s narrow interpretation of the due process right, which found little support in prior decisions, 50 was almost certainly “motivated by concerns about the section 1983 remedy” and the social costs of “the wholesale federalization of tort claims against state and local government officials and the corresponding prospect of massive damages liability.” 51∂ The Court further narrowed its interpretation of constitutionally protected due process rights, apparently in response to the same concern, in Parratt v. Taylor, 52 which held that random and unauthorized deprivations of liberty and property do not violate the Due Process Clause unless and until a state has failed to provide post-deprivation corrective process. 53 Again voicing concerns about the social costs of permitting § 1983 and the Due Process Clause to become fonts of tort law, the Court pared back the scope of previously recognized due process rights once more in Daniels v. Williams, 54 which held that merely negligent deprivations of liberty and property do not violate the Fourteenth Amendment. 55∂ With the Court having shrunk the scope of the due process guarantee in Paul, Parratt, and Daniels, it is easy to imagine the Justices similarly circumscribing other rights if, in the absence of official immunity, they regarded the social costs of damages actions as too high. For example, the Court could plausibly respond to a flood of suits seeking damages for unreasonable searches and seizures by holding that if any reasonable person could think a search reasonable, it is not unreasonable. 56
11/6/16
Nov-Dec-Limited Indeminification CP
Tournament: Harvard Westlake | Round: 2 | Opponent: Flintridge Sacred Heart ER | Judge: Thomas Angus Limited Indemnification
Plan Text: The aff actor will adopt limited indemnification in which officers are required to pay a percentage of any damages awarded and cities will pay the rest depending upon the culpability of the officer and their ability to pay. Emery and Maazel 2002 describe the plan - Richard Emery J.D. Columbia, 1970; B.A. Brown University, 1967; senior partner at Emery Cuti Brinckerhoff and Abady PC, and has represented victims of police misconduct throughout the country, arguing cases before the highest courts at both the state and federal level and Ilann Margalit Maazel J.D. University of Michigan, 1997; B.A. Harvard University, 1993; is a lawyer at Emery Cuti Brinckerhoff and Abady PC, and is the former law clerk to the Hon. John M. Walker of the United States Court of Appeals for the Second Circuit.. "Why Civil Rights Lawsuits Do Not Deter Police Misconduct: The Conundrum of Indemnification and a Proposed Solution." Fordham Urb. LJ 28 (2000): 587. MC A better solution compensates and deters. That can be achieved by the following: After the jury's verdict as to liability and dam- ages, the judge presiding over the civil rights case should determine what portion of the judgment the city must indemnify. The court's decision should be informed by a number of factors targeted towards deterrence. An officer who is more culpable, who commits intentional wrongdoing, or who acts brutally or with particular disregard for a victim's constitutional rights, or whose behavior could not have been anticipated or controlled by the city, should pay a greater percentage of the judgment. This would provide the greatest deterrent for the most egregious constitutional violations. The court also should examine the officer's prior disciplinary history. If an officer has a history of misconduct, and received little, no, or inadequate prior discipline from the NYPD, then the city should indemnify a greater part of the judgment. This would put the city on notice that its disciplinary procedures are inadequate, and provide financial incentives to improve them. Conversely, if an officer has a history of police misconduct, and received proper and adequate discipline by the city, then the officer should be required to pay more of the judgment himself. This would reward the city for instituting internal disciplinary measures to deter police misconduct, and deter problem officers from committing misconduct yet again. Similarly, if the city did not adequately discipline the officer for the misconduct at issue in the instant lawsuit, then the city should be required to indemnify a greater part of the judgment. And if an officer was properly disciplined by the city for the misconduct at issue in the lawsuit, then the officer would be required to pay more of the judgment himself. This again encourages the city to mete out appropriate discipline to officers who violate the law.
Solvency Current indemnification policy does not deter police offers and the public is forced to should the monetary burden. Emery and Maazel 2002 - Richard Emery J.D. Columbia, 1970; B.A. Brown University, 1967; senior partner at Emery Cuti Brinckerhoff and Abady PC, and has represented victims of police misconduct throughout the country, arguing cases before the highest courts at both the state and federal level and Ilann Margalit Maazel J.D. University of Michigan, 1997; B.A. Harvard University, 1993; is a lawyer at Emery Cuti Brinckerhoff and Abady PC, and is the former law clerk to the Hon. John M. Walker of the United States Court of Appeals for the Second Circuit.. "Why Civil Rights Lawsuits Do Not Deter Police Misconduct: The Conundrum of Indemnification and a Proposed Solution." Fordham Urb. LJ 28 (2000): 587. MC New York City represents and indemnifies police officers in the overwhelming majority of civil rights cases. 2 The city regularly indemnifies police officers regardless of whether they acted intentionally, recklessly, or brutally; whether or not they violated federal or state law; or whether or not they violated the rules and regulations of the New York City Police Department ("NYPD"). Basic political realities explain this practice. Police officers organ- ize in very powerful unions, most notably the Patrolmen's Benevo- lent Association in New York, which in turn exert pressure on the mayor and the city's lawyer, the "Corporation Counsel," 3 to re- present and indemnify the officers. And the mayor, of course, de- pends on his police force to preserve the low crime rate that remains the perceived crown jewel of this administration. When the city errs on the side of indemnifying every officer, no one complains. The unions are satisfied-they successfully protect their members. The police officers are satisfied-they avoid per- sonal liability for their wrongdoing. The victims, for the most part, are satisfied-they recover, relatively quickly, from a deep-pocket municipal defendant that, unlike most police officers, can actually pay the judgment or settlement. There is simply no one with a voice in the process with any interest in disturbing the status quo. Not everyone wins, of course. The taxpayers lose. They pay millions of dollars to fund these judgments and settlements. The community loses, because this system perpetuates and protects police misconduct. And the victims who care more about principle than money lose, because the law gives the city near absolute discretion to defend and pay for police wrongdoing, but little incentive to investigate or discipline officers who violate the law.
The plan would solve better than the aff because police officers would be liable for more damages. Emery and Maazel 2002 - Richard Emery J.D. Columbia, 1970; B.A. Brown University, 1967; senior partner at Emery Cuti Brinckerhoff and Abady PC, and has represented victims of police misconduct throughout the country, arguing cases before the highest courts at both the state and federal level and Ilann Margalit Maazel J.D. University of Michigan, 1997; B.A. Harvard University, 1993; is a lawyer at Emery Cuti Brinckerhoff and Abady PC, and is the former law clerk to the Hon. John M. Walker of the United States Court of Appeals for the Second Circuit.. "Why Civil Rights Lawsuits Do Not Deter Police Misconduct: The Conundrum of Indemnification and a Proposed Solution." Fordham Urb. LJ 28 (2000): 587. MC
Such an indemnification scheme has many immediate advan- tages. It places the indemnification decision in the hands of courts, not the municipality itself, ostensibly removing political pressure from the indemnification decision. 3 9 Most importantly, such a law would say loudly and clearly to every officer: "You are not insured; you have no security that your misconduct will cost you nothing." With the indemnification decision in the hands of courts, not city lawyers, no officer could be at all sure that the city and the tax-payer will foot the entire bill for violations of clearly established constitutional law. That decision would be made-after the evidence is presented, after trial, and after the jury's verdict-by a fair and neutral arbiter. Deprived of near absolute impunity from the financial consequences of their unconstitutional acts, police officers will, finally, be and feel accountable for their conduct in some tangible way.
This system has worked empirically in New York and Cleveland. It solves the Aff through multiple mechanisms: Schwartz ’14 - Joanna C. Schwartz Assistant Prof. of Law, UCLA Law School "Police indemnification." New York University Law Review, Vol. 89:885 (June2014). MC Yet the obvious alternative—eliminating indemnification and imposing the full force of financial liability for civil rights damages actions on individual officers—also seems to be the wrong tool for deterrence. Even with the protections of qualified immunity, officers in my study would have been personally responsible for over $730 million in payouts over six years. In New York, the median payout for plaintiffs during my six-year study period was $20,000, a significant but payable sum given officers’ salaries.326 But in twenty-six civil rights damages cases resolved in New York between 2006 and 2011, plaintiffs received over $1 million, and plaintiffs’ recoveries in another 595 cases were in the six figures. Given the inevitable inaccuracies of litigation outcomes,327 an officer could be bankrupted if he committed a relatively minor error that resulted in significant injuries to the plaintiff.328 Although widespread indemnification likely lessens the deterrent effect of lawsuits on individual officers, it does spread risk in a way that makes some sense.329 The practices in place in New York City and Cleveland offer a promising middle ground. In New York and Cleveland, officers paid¶ between $250 and $25,000 in thirty-six cases during the study period.330 One might believe that the financial sanctions on officers should be higher (or lower), or that they should be imposed more (or less) frequently. But the general idea—imposing financial sanctions on officers as part of settlements and judgments—could, in theory, accommodate § 1983’s somewhat conflicting compensation and deterrence goals. Requiring officers to pay thousands, or even tens of thousands, of dollars (calculated, ideally, based on their culpability and resources)331 could punish the involved officers and send a message to others.332 Yet, because the government would pay the bulk of any award, wronged plaintiffs would still be compensated for the violations of their constitutional rights. Refusing to indemnify officers’ punitive damages awards is another way to punish officers found to have engaged in reckless or malicious conduct.333 This adjustment would not, however, punish officer wrongdoing in the vast majority of cases that are resolved before trial.
And, the system ensures that victims are compensated and have incentive to bring suits that deter civil rights violations. Emery and Maazel 2002 - Richard Emery J.D. Columbia, 1970; B.A. Brown University, 1967; senior partner at Emery Cuti Brinckerhoff and Abady PC, and has represented victims of police misconduct throughout the country, arguing cases before the highest courts at both the state and federal level and Ilann Margalit Maazel J.D. University of Michigan, 1997; B.A. Harvard University, 1993; is a lawyer at Emery Cuti Brinckerhoff and Abady PC, and is the former law clerk to the Hon. John M. Walker of the United States Court of Appeals for the Second Circuit.. "Why Civil Rights Lawsuits Do Not Deter Police Misconduct: The Conundrum of Indemnification and a Proposed Solution." Fordham Urb. LJ 28 (2000): 587. MC Finally, prevailing plaintiffs should always be compensated. Not- withstanding the above factors, it should be the rare case (if any) where the city will not indemnify a police officer at all. To guarantee real compensation, the city must pay at least some portion of the judgment. Compensation is not only a central purpose of the civil rights laws; it induces plaintiffs to bring the very lawsuits that deter (or should deter) the police from committing unconstitutional conduct in the first instance. If, for example, a plaintiff were the subject of particularly brutal and outrageous misconduct, 3 6 resulting in the NYPD's termination of the perpetrating officer, the above factors (the horrible nature of the misconduct and the NYPD's appropriate disciplinary response) would otherwise counsel against indemnification. This would be unfair and cruelly ironic-since the severe nature of the police misconduct caused the plaintiff unusually severe damage. This final factor-the plaintiff's right to actual compensation-would help prevent such an unfair and unintended result. In addition, a legislative presumption favoring the city's indemnification of at least fifty percent of the judgment would all but ensure that plaintiffs are fairly compensated.
Implement mandatory arrests in IPV cases in all jurisdictions. Lockwood and Prohaska ‘15 Lockwood, Daniel, Department of Criminal Justice, The University of Alabama and Ariane Prohaska. Assistant Professor, Department of Criminal Justice, The University of Alabama "Police officer gender and attitudes toward intimate partner violence: How policy can eliminate stereotypes." International Journal of Criminal Justice Sciences 10.1 (2015): 77. MC The first step is to utilize and expand on a policy that is already widely used: mandatory arrest. Statistics show that officers are more frequently taking official action in cases of IPV. Pozzulo, Bennell, and Forth (2009) report that the recent institution of mandatory arrest policies in Canada and much of the U.S. has led to higher rates of arrest and criminal charges for abusers; arrest rates prior to the 1990’s fell between 7 and 15, whereas current estimates now range from 30 to 75. It is clear that the development of mandatory arrest policies leads to more frequent arrest of offenders by police. Competition
Through the impacts of the Court Clog DA. 2. Limiting qualified immunity would hurt the effectiveness of the counter plan. If we limit police qualified immunity and mandate that they arrest abusers, supposed abusers can then sue thus leaving police officers open to these suits for doing the morally correct thing. Also, this applies under their case because it is in an instance of IPV. This can deter police officers from doing their job correctly and potentially leave sexual abuse survivors open to more violence if they are scared to act. Solvency Besides taking abusers out of the home so that the sexual abuse and violence cannot continue, it condemns abusers’ conduct and places police officers in solidarity with survivors. Lockwood and Prohaska 2 Lockwood, Daniel, Department of Criminal Justice, The University of Alabama and Ariane Prohaska. Assistant Professor, Department of Criminal Justice, The University of Alabama "Police officer gender and attitudes toward intimate partner violence: How policy can eliminate stereotypes." International Journal of Criminal Justice Sciences 10.1 (2015): 77. MC It would be helpful for police administrators to ensure that mandatory arrest laws are consistently followed to achieve uniformity in arrest rates regardless of arresting officer characteristics. This would also emphasize the significance of responding to and taking official action in cases of IPV, which could result in officers taking IPV incidents more seriously. To further this effect, stronger mandatory arrest laws should replace preferred and discretionary policies in states where arrest of abusers is encouraged rather than required. By requiring police to arrest abusers when evidence of physical violence is present, the message will be conveyed to abusers that society condemns their behavior and is willing to take official legal action to stop it. It is important to note that to be effective, mandatory arrests should only be carried out when there is probable cause that an assault occurred (Lee, Zhang, and Hoover, 2013).
Arrests also deter abusers thus decreasing IPV, this is proven empirically. Lockwood and Prohaska 3 Lockwood, Daniel, Department of Criminal Justice, The University of Alabama and Ariane Prohaska. Assistant Professor, Department of Criminal Justice, The University of Alabama "Police officer gender and attitudes toward intimate partner violence: How policy can eliminate stereotypes." International Journal of Criminal Justice Sciences 10.1 (2015): 77. MC Arrests have been shown to deter abusers in past studies. This deterrent effect was seen in the Minneapolis Domestic Violence Experiment (Çelik, 2013; Sherman and Berk, 1984). Replication of the Minneapolis Domestic Violence Experiment has failed to confirm that arrest was the best option for preventing subsequent violence (Lee, Zhang, and Hoover, 2013); however, since the implementation of arrest laws, households in states where arrest is mandated have been less likely to suffer from domestic violence (Çelik, 2013; Dugan, 2003). Mandatory arrest laws also relieve the victim of responsibility for pressing charges, instead requiring police officers to identify and charge the abuser (Carney and Buttell, 2004).
Net Benefit
DA, and I solve for it because no suits of this sort anymore
Implement mandatory arrests in IPV cases in all jurisdictions. Lockwood and Prohaska ‘15 Lockwood, Daniel, Department of Criminal Justice, The University of Alabama and Ariane Prohaska. Assistant Professor, Department of Criminal Justice, The University of Alabama "Police officer gender and attitudes toward intimate partner violence: How policy can eliminate stereotypes." International Journal of Criminal Justice Sciences 10.1 (2015): 77. MC The first step is to utilize and expand on a policy that is already widely used: mandatory arrest. Statistics show that officers are more frequently taking official action in cases of IPV. Pozzulo, Bennell, and Forth (2009) report that the recent institution of mandatory arrest policies in Canada and much of the U.S. has led to higher rates of arrest and criminal charges for abusers; arrest rates prior to the 1990’s fell between 7 and 15, whereas current estimates now range from 30 to 75. It is clear that the development of mandatory arrest policies leads to more frequent arrest of offenders by police. Competition
Through the impacts of the Court Clog DA. 2. Limiting qualified immunity would hurt the effectiveness of the counter plan. If we limit police qualified immunity and mandate that they arrest abusers, supposed abusers can then sue thus leaving police officers open to these suits for doing the morally correct thing. Also, this applies under their case because it is in an instance of IPV. This can deter police officers from doing their job correctly and potentially leave sexual abuse survivors open to more violence if they are scared to act. Solvency Besides taking abusers out of the home so that the sexual abuse and violence cannot continue, it condemns abusers’ conduct and places police officers in solidarity with survivors. Lockwood and Prohaska 2 Lockwood, Daniel, Department of Criminal Justice, The University of Alabama and Ariane Prohaska. Assistant Professor, Department of Criminal Justice, The University of Alabama "Police officer gender and attitudes toward intimate partner violence: How policy can eliminate stereotypes." International Journal of Criminal Justice Sciences 10.1 (2015): 77. MC It would be helpful for police administrators to ensure that mandatory arrest laws are consistently followed to achieve uniformity in arrest rates regardless of arresting officer characteristics. This would also emphasize the significance of responding to and taking official action in cases of IPV, which could result in officers taking IPV incidents more seriously. To further this effect, stronger mandatory arrest laws should replace preferred and discretionary policies in states where arrest of abusers is encouraged rather than required. By requiring police to arrest abusers when evidence of physical violence is present, the message will be conveyed to abusers that society condemns their behavior and is willing to take official legal action to stop it. It is important to note that to be effective, mandatory arrests should only be carried out when there is probable cause that an assault occurred (Lee, Zhang, and Hoover, 2013).
Arrests also deter abusers thus decreasing IPV, this is proven empirically. Lockwood and Prohaska 3 Lockwood, Daniel, Department of Criminal Justice, The University of Alabama and Ariane Prohaska. Assistant Professor, Department of Criminal Justice, The University of Alabama "Police officer gender and attitudes toward intimate partner violence: How policy can eliminate stereotypes." International Journal of Criminal Justice Sciences 10.1 (2015): 77. MC Arrests have been shown to deter abusers in past studies. This deterrent effect was seen in the Minneapolis Domestic Violence Experiment (Çelik, 2013; Sherman and Berk, 1984). Replication of the Minneapolis Domestic Violence Experiment has failed to confirm that arrest was the best option for preventing subsequent violence (Lee, Zhang, and Hoover, 2013); however, since the implementation of arrest laws, households in states where arrest is mandated have been less likely to suffer from domestic violence (Çelik, 2013; Dugan, 2003). Mandatory arrest laws also relieve the victim of responsibility for pressing charges, instead requiring police officers to identify and charge the abuser (Carney and Buttell, 2004).
Net Benefit
DA, and I solve for it because no suits of this sort anymore
11/6/16
Nov-Dec-Truth and Reconciliation CP v2
Tournament: Glenbrooks | Round: 1 | Opponent: Appleton East JV | Judge: Rodrigo Paramo CP – Truth and Reconciliation The affirmative holds out the hope that monetary judgments can stamp out the stain of systematic violence one racist cop at a time, but they grossly underestimate the magnitude of the problem. Last week 60 million Americans voted for the Presidential candidate endorsed by the KKK and the American Nazi Party. Micro-Retributions are cathartic but ultimately impotent. The affirmative will never solve so long as it fails to undertake a radical reexamination of the deep racism at the heart of our culture and the magnitude of the suffering perpetrated against people of color.
Counter Plan Counterplan Text: The United States Federal Government will authorize a standing Truth and Reconciliation Commission to solicit testimony from victims and perpetrators of police brutality and misconduct and to provide policy recommendations for social and criminal justice reform. No proceedings of the Commission may be used as evidence in a court of law, and nobody may be charged with a crime on the basis of their testimony to the Commission.
The model is Post-Apartheid South Africa. Minnow elaborates: Martha Minnow Morgan and Helen Chu Dean and Professor of Law, Harvard Law School, Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence, 1998. The South African Truth and Reconciliation Commission launches not only an inquiry into what happened, but also a process intended to promote reconciliation. Other truth commissions seek information to support prosecutions. The information unearthed by the TRC may lead to some legal charges and trials, but its central direction, enhanced by its power to grant amnesty to perpetrators on the condition that they cooperate fully, moves away from prosecutions toward an ideal of restorative justice. Unlike punishment, which imposes a penalty or injury for a violation, restorative justice seeks to repair the injustice, to make up for it, and to effect corrective changes in the record, in relationships, and in future behavior. Offenders have responsibility in the resolution. The harmful act, rather than the offender, is to be renounced. Repentance and forgiveness are encouraged.¶ By design, the TRC includes a committee devoted to proposing economic and symbolic acts of reparation for survivors and for devastated communities. Monetary payments to the victimized, health and social services, memorials and other acts of symbolic commemoration would become governmental policies in an effort to restore victims and social relationships breached by violence and atrocity. The range of money, services, and public art suggests the kinds of steps that can be pursued in the search for restorative justice.
Immunity is to key to compelling full and open testimony. Jack M. Balkin, “A Body of Inquiries”, The New York Times, Jan 10, 2009. The South African model offered witnesses potential amnesty (which was not always given) to coax testimony (which did not always occur). American commissions and hearings should have the power to bestow immunity to compel testimony, either “use” immunity (the testimony cannot be used in any future prosecution) or “transactional” immunity (no prosecution for acts connected to the subject of the testimony). Sensitive evidence that affects national security could be taken in closed proceedings and summarized or published in redacted form.
Competition
First, Mutual Exclusivity: The aff and the CP are dispositionally opposed. Civil litigation entails an adversarial relationship and a finding of fault coupled with a symbolic act of blaming, whereas Minnow explains that the CP focuses on forgiveness and mutual solidarity. It’s impossible to engage in good-faith reconciliation with someone who you have sued. At absolute worst, the perm fails because either one eviscerates the solvency of the other. Minnow furthers with additional warrants: (each color is an individual warrant) Martha Minnow, “The Hope For Healing: What Can Truth Commissions Do?”, Truth v. Justice: The Morality of Truth Commissions, Eds. Robert Rotberg and Dennis Thomas, July 2010. Yet arguments for alternatives may be founded not just in search for a substitute when trials are not workable. The trial as a form of response to injustice has its own internal limitations. Litigation is not an ideal form of social action. The financial and emotional costs of litigation may be most apparent when private individuals sue one another, but there are parallel problems when a government or an international tribunal prosecutes. Victims and other witnesses undergo the ordeals of testifying and facing cross-examination. Usually, they are given no simple opportunity to convey directly the narrative of their experience. Evidentiary rules and rulings limit the factual material that can be included. Trial procedure makes for laborious and even boring sessions that risk anesthetizing even the most avid listener and dulling sensibilities even in the face of recounted horrors. The simplistic questions of guilt or innocence framed by the criminal trial can never capture the multiple sources of mass violence. If the social goals include gaining public acknowledgment and producing a complete account of what happened, the trial process is at best an imperfect means. If the goals extend to repairing the dignity of those who did survive and enlarging their chances for rewarding lives, litigation falls even farther short. Trials focus on perpetrators, not victims. They consult victims only to illustrate the fact or scope of the defendants’ guilt. Victims are not there for public acknowledgment or even to tell, fully, their own stories. Trials interrupt and truncate victim testimony with direct and cross examination and conceptions of relevance framed by the elements of the charges. Judges and juries listen to victims with skepticism tied to the presumption of defendants’ innocence. Trials afford no role in their process or content for bystanders or for the complex interactions among ideologies, leaders, mass frustrations, historic and invented lines of hatred, and acts of brutality.
Net Benefits First is Systemic Reform Addressing institutional violence against people of color requires a much broader lens than individual civil trials can provide. Only the CP can solve. Martha Minnow, The Hope For Healing: What Can Truth Commissions Do?, Truth v. Justice: The Morality of Truth Commissions, Eds. Robert Rotberg and Dennis Thomas, July 2010. The aspiration to develop as full an account as possible requires a process of widening the lens, sifting varieties of evidentiary materials, and drafting syntheses of factual material that usually does not accompany a trial. Yet truth commissions typically undertake to write the history of what happened in precisely these ways. Putting together distinct events and the role of different actors is more likely to happen when people have the chance to look across incidents and to connect the stories of many victims and many offenders. A truth commission can examine the role of entire sectors of a society—such as the medical profession, the media, and business—in enabling and failing to prevent mass violence. The sheer narrative project of a truth commission makes it more likely than trials to yield accounts of entire regimes. Trials in contrast focus on particular individuals and their conduct in particular moments in time, with decisions of guilt or nonguilt, and opinions tailored to these particular questions of individual guilt.
A truth and reconciliation process exposes the magnitude of the atrocity for all to see and allow us to begin to deploy the resources needed to heal the trauma. Fania Davis civil rights attorney, “This Country Needs a Truth and Reconciliation Process on Violence Against African Americans—Right Now”, Yes Magazine, July 8, 2016. Bearing in mind its expansive historical context, the Truth and Reconciliation process would set us on a collective search for shared truths about the nature, extent, causes, and consequences of extrajudicial killings of black youth, say, for the last two decades. Through the process, those truths will be told, understood, and made known far and wide. Its task would also include facing and beginning to heal the massive historical harms that threaten us all as a nation but take the lives of black and brown children especially. We would utilize the latest insights and methodologies from the field of trauma healing.
Amnesty results in the revelation of evidence that would never be appear in a court trial. Only TRCs can expose the institutional and systemic nature of police brutality. Martha Minnow, “The Hope For Healing: What Can Truth Commissions Do?”, Truth v. Justice: The Morality of Truth Commissions, Eds. Robert Rotberg and Dennis Thomas, July 2010. The trade of amnesty for testimony allowed the TRC to use the participation by some to gain the participation of others. Five mid-level political officers sought amnesty and in so doing implicated General Johan van der Merwe as the one who gave the order to fire on demonstrators in 1992.13 The general then himself applied for amnesty before the commission and confessed that he had indeed given the order to fire. He in turn implicated two cabinet-level officials who gave him orders.14 Evidence of this kind, tracing violence to decisions at the highest governmental levels, is likely to be held only by those who themselves participated in secret conversations, and the adversarial processes of trials are not likely to unearth it. Combining information from amnesty petitions and hearings with victim testimony and independent investigations, the TRC had the chance to develop a much richer array of evidence than the courts would have had in expensive and lengthy criminal prosecutions.
Truth and reconciliation best promotes police culture reform, which solves the root cause of the aff impacts at a higher degree of probability than the aff does. Alex Vitale New York State Advisory Committee to the US Civil Right Commission, “ 2 Very Different Ways to Punish Killer Cops”, The Nation, May 5, 2015. Perhaps we would learn more about the nature of police culture and why it so frequently treats young men of color as less than human. Heartfelt accounts from actual police officers about the callousness of their actions and attitudes might lead to some real soul searching on the part of police officers, political leaders, and the public about the caustic nature of much of police culture as well as possible solutions.¶ In return, the officers would be compelled to take actions to try to repair some of the harms they have caused to the victim’s family and community. These offices could be put to work on community projects that would benefit the community such as restoring parks. Perhaps they could be cajoled into living in the community for some length of time to experience firsthand what life is like there. Possibly more importantly, they could be compelled to work with other police officers in Baltimore and elsewhere to try to get to the root of abusive police practices. Police are much more likely to respond to the real-world experiences of fellow officers than to the urgings of the community activists who often appear before them. Restorative Justice spills over to end mass incarceration and construct a more just and peaceful society based on mutual respect. Fania Davis civil rights attorney, “This Country Needs a Truth and Reconciliation Process on Violence Against African Americans—Right Now”, Yes Magazine, July 8, 2016. It’s impossible to predict whether similar outcomes would emerge from a Truth and Reconciliation process in Ferguson—and the United States. But it’s our best chance. And, if history is any guide, it could result in restitution to those harmed, memorials to the fallen, including films, statues, museums, street renamings, public art, or theatrical re-enactments. It might also engender calls to use restorative and other practices to stop violence and interrupt the school-to-prison pipeline and mass incarceration strategies. New curricula could emerge that teach both about historic injustices and movements resisting those injustices. Teach-ings, police trainings, restorative policing practices, and police review commissions are also among the universe of possibilities.¶ In the face of the immense terrain to be covered on the journey toward a more reconciled America, no single process will be enough. However, a Ferguson Truth and Reconciliation process could be a first step towards reconciliation. It could put us on the path of a new future based on more equitable structures and with relationships founded on mutual recognition and respect. It could also serve as a prototype to guide future truth and reconciliation efforts addressing related epidemics such as domestic violence, poverty, the school-to-prison pipeline, and mass incarceration. A Ferguson Truth and Reconciliation Commission could light the way into a new future.
Forgiveness as practiced by TRC does not ignore the past but rather forces us all to confront it. Deepa Bhandaru, “Undermining Whiteness: Hannah Arendt's Participatory Freedom and the Political Ethics of Antiracism” PhD diss., University of Washington, 2013. Thus, a practice of antiracist forgiveness does not cater to the white fantasy of erasing or forgetting the past. On the contrary, forgiveness requires confronting the past in order to forge a 52 new relationship to it—the hard work that took place through South Africa’s Truth and Reconciliation Commission (TRC). As Tutu writes, “Forgiveness does not mean condoning what has been done. It means taking what happened seriously and not minimizing it; drawing out the sting in the memory that threatens to poison our entire existence. It involves trying to understand the perpetrators and so have empathy, to try to stand in their shoes and appreciate the sort of pressures and influences that might have conditioned them.”126 Thus, forgiveness is consistent with memory: forgiveness asks us not to erase memory, but to remove from memory its sting, to detach from it enough to move on. As Jill Stauffer suggests, forgiveness “can be a mode of honoring the past without living in it
Second is Victims’ Dignity Response to atrocity requires processes that redress the dehumanization of victims rather than punish the perpetrator. Martha Minnow, “The Hope For Healing: What Can Truth Commissions Do?”, Truth v. Justice: The Morality of Truth Commissions, Eds. Robert Rotberg and Dennis Thomas, July 2010. Any evaluation of responses to mass atrocity depends upon the goals sought and the distance between the ideal and the real, as implemented. Today, responses to collective violence actually lurch among rhetorics of history (truth), justice (punishment, compensation, and deterrence), theology (forgiveness), art (commemoration), education (learning lessons), politics (building democracy), and therapy (healing). Each goal is desirable, but each also risks failing to attend to those who were victimized. Bearing witness to their deaths, disabilities, and lost hopes; considering what could help those who survived to return to living; and redressing the dehumanization that both presages and endures after mass violence: each of these aspirations calls for a process that focuses on the voices and lives of real individuals. Resisting the destruction of memory and human dignity, responses to atrocity must invigorate remembrance of what happened and prevent any further dehumanization of the victimized.
11/19/16
Nov-Dec-Truth and Reconcilliation CP
Tournament: Harvard Westlake | Round: Quarters | Opponent: Peninsula IG | Judge: Panel NC - Shell Counterplan Text: The United States Federal Government will authorize a standing Truth and Reconciliation Commission to solicit testimony from victims and perpetrators of police brutality and misconduct and to provide policy recommendations for social and criminal justice reform. No proceedings of the Commission may be used as evidence in a court of law, and nobody may be charged with a crime on the basis of their testimony to the Comission.
The model is Post-Apartheid South Africa. Minnow elaborates: Martha Minnow Morgan and Helen Chu Dean and Professor of Law, Harvard Law School, Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence, 1998. The South African Truth and Reconciliation Commission launches not only an inquiry into what happened, but also a process intended to promote reconciliation. Other truth commissions seek information to support prosecutions. The information unearthed by the TRC may lead to some legal charges and trials, but its central direction, enhanced by its power to grant amnesty to perpetrators on the condition that they cooperate fully, moves away from prosecutions toward an ideal of restorative justice. Unlike punishment, which imposes a penalty or injury for a violation, restorative justice seeks to repair the injustice, to make up for it, and to effect corrective changes in the record, in relationships, and in future behavior. Offenders have responsibility in the resolution. The harmful act, rather than the offender, is to be renounced. Repentance and forgiveness are encouraged.¶ By design, the TRC includes a committee devoted to proposing economic and symbolic acts of reparation for survivors and for devastated communities. Monetary payments to the victimized, health and social services, memorials and other acts of symbolic commemoration would become governmental policies in an effort to restore victims and social relationships breached by violence and atrocity. The range of money, services, and public art suggests the kinds of steps that can be pursued in the search for restorative justice.
Immunity is to key to compelling full and open testimony. Jack M. Balkin, “A Body of Inquiries”, The New York Times, Jan 10, 2009. The South African model offered witnesses potential amnesty (which was not always given) to coax testimony (which did not always occur). American commissions and hearings should have the power to bestow immunity to compel testimony, either “use” immunity (the testimony cannot be used in any future prosecution) or “transactional” immunity (no prosecution for acts connected to the subject of the testimony). Sensitive evidence that affects national security could be taken in closed proceedings and summarized or published in redacted form.
Competition
First, Mutual Exclusivity: The aff and the CP are dispositionally opposed. Civil litigation entails an adversarial relationship and a finding of fault coupled with a symbolic act of blaming, whereas Minnow explains that the CP focuses on forgiveness and mutual solidarity. It’s impossible to engage in good-faith reconciliation with someone who you have sued. At absolute worst, the perm fails because either one eviscerates the solvency of the other. Minnow furthers with additional warrants: each independent warrant is a disad to the AC. (each color is an individual warrant) Martha Minnow, “The Hope For Healing: What Can Truth Commissions Do?”, Truth v. Justice: The Morality of Truth Commissions, Eds. Robert Rotberg and Dennis Thomas, July 2010. Yet arguments for alternatives may be founded not just in search for a substitute when trials are not workable. The trial as a form of response to injustice has its own internal limitations. Litigation is not an ideal form of social action. The financial and emotional costs of litigation may be most apparent when private individuals sue one another, but there are parallel problems when a government or an international tribunal prosecutes. Victims and other witnesses undergo the ordeals of testifying and facing cross-examination. Usually, they are given no simple opportunity to convey directly the narrative of their experience. Evidentiary rules and rulings limit the factual material that can be included. Trial procedure makes for laborious and even boring sessions that risk anesthetizing even the most avid listener and dulling sensibilities even in the face of recounted horrors. The simplistic questions of guilt or innocence framed by the criminal trial can never capture the multiple sources of mass violence. If the social goals include gaining public acknowledgment and producing a complete account of what happened, the trial process is at best an imperfect means. If the goals extend to repairing the dignity of those who did survive and enlarging their chances for rewarding lives, litigation falls even farther short. Trials focus on perpetrators, not victims. They consult victims only to illustrate the fact or scope of the defendants’ guilt. Victims are not there for public acknowledgment or even to tell, fully, their own stories. Trials interrupt and truncate victim testimony with direct and cross examination and conceptions of relevance framed by the elements of the charges. Judges and juries listen to victims with skepticism tied to the presumption of defendants’ innocence. Trials afford no role in their process or content for bystanders or for the complex interactions among ideologies, leaders, mass frustrations, historic and invented lines of hatred, and acts of brutality.
Second, Net Benefits, disads to the aff generate competition.
Net Benefits
First is Reform Qualified immunity only applies to civil suits against individuals. Since qualified immunity only shields civil suits against individual police officers, limiting the doctrine cannot solve for systemic oppression and toxic police cultures. This is characteristic of the Aff’s flawed legal outlook that values retribution over restorative justice and emphasizes punishment. (functions: 1. Da to aff bc aff can’t solve systemic impacts 2. Deterrence fails (solvency takeout to aff) 3. Aff fails under neg fw bc it doesn't actually make people whole) Alex Vitale New York State Advisory Committee to the US Civil Right Commission, “ 2 Very Different Ways to Punish Killer Cops”, The Nation, May 5, 2015. The role of the state’s attorney is based on a very degraded notion of justice. It relies almost solely on the notion of punishment in the form of incarceration acting as a deterrent on the behavior of the convicted (specific deterrence) and the rest of us (general deterrence). This whole system assumes that people are simplistic engines of rational calculation whose behaviors can be manipulated by a series of escalating threats and punishments. We know that this system rarely provides real justice for victims or communities and often destroys the lives of those being punished. More importantly, it doesn’t work. For generations we’ve been waging a war on drugs that has relied on the ever increasing incarceration of young people, and yet drugs are cheaper, of higher quality, and easier to obtain than ever before. No amount of mass incarceration seems to make any difference. It’s a little like threatening suicide bombers with the death penalty, in that it fundamentally misunderstands the nature of human motivation.
Truth and reconciliation best promotes police culture reform, which solves the root cause of the aff impacts at a higher degree of probability than the aff does Alex Vitale New York State Advisory Committee to the US Civil Right Commission, “ 2 Very Different Ways to Punish Killer Cops”, The Nation, May 5, 2015. Perhaps we would learn more about the nature of police culture and why it so frequently treats young men of color as less than human. Heartfelt accounts from actual police officers about the callousness of their actions and attitudes might lead to some real soul searching on the part of police officers, political leaders, and the public about the caustic nature of much of police culture as well as possible solutions.¶ In return, the officers would be compelled to take actions to try to repair some of the harms they have caused to the victim’s family and community. These offices could be put to work on community projects that would benefit the community such as restoring parks. Perhaps they could be cajoled into living in the community for some length of time to experience firsthand what life is like there. Possibly more importantly, they could be compelled to work with other police officers in Baltimore and elsewhere to try to get to the root of abusive police practices. Police are much more likely to respond to the real-world experiences of fellow officers than to the urgings of the community activists who often appear before them.
Restorative Justice spills over to end mass incarceration and construct a more just and peaceful society based on mutual respect Fania Davis civil rights attorney, “This Country Needs a Truth and Reconciliation Process on Violence Against African Americans—Right Now”, Yes Magazine, July 8, 2016. It’s impossible to predict whether similar outcomes would emerge from a Truth and Reconciliation process in Ferguson—and the United States. But it’s our best chance. And, if history is any guide, it could result in restitution to those harmed, memorials to the fallen, including films, statues, museums, street renamings, public art, or theatrical re-enactments. It might also engender calls to use restorative and other practices to stop violence and interrupt the school-to-prison pipeline and mass incarceration strategies. New curricula could emerge that teach both about historic injustices and movements resisting those injustices. Teach-ins, police trainings, restorative policing practices, and police review commissions are also among the universe of possibilities.¶ In the face of the immense terrain to be covered on the journey toward a more reconciled America, no single process will be enough. However, a Ferguson Truth and Reconciliation process could be a first step towards reconciliation. It could put us on the path of a new future based on more equitable structures and with relationships founded on mutual recognition and respect. It could also serve as a prototype to guide future truth and reconciliation efforts addressing related epidemics such as domestic violence, poverty, the school-to-prison pipeline, and mass incarceration. A Ferguson Truth and Reconciliation Commission could light the way into a new future.
Second is Restorative Justice A shift to restorative justice acknowledges our relationships and common humanity and is critical to ending the cycle of division and oppression Martha Minnow Morgan and Helen Chu Dean and Professor of Law, Harvard Law School, Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence, 1998. Leading statements of the restorative justice vision focus on responses to ordinary crime. 8 Restorative justice emphasizes the humanity of both offenders and victims. It seeks repair of social connections and peace rather than retribution against the offenders. 9 Building connections and enhancing communication between perpetrators and those they victimized and forging ties across the community, takes precedence over punishment or law enforcement.¶ These aims of restorative justice reflect a practical view about human psychology. Unlike retributive approaches, which may reinforce anger and a sense of victimhood, reparative approaches instead aim to help victims move beyond anger and a sense of powerlessness. They also attempt to reintegrate offenders into the community: South Africa's TRC emphasizes truth-telling, public acknowledgment, and actual reparations as crucial elements for restoration of justice and community. The TRC proceeds on the hope that getting as full an account of what happened as possible, and according it public acknowledgment, will lay the foundations for a new, reconciling nation instead of fomenting waves of renewed revenge and divisiveness. Archbishop Desmond Tutu explained the TRC's goals in these terms: “Our nation needs healing. Victims and survivors who bore the brunt of the apartheid system need healing Perpetrators are, in their own way, victims of the apartheid system and they, too, need healing“ 11
Amnesty results in the revelation of evidence that would never be appear in a court trial, strengthening the relative solvency of the CP Martha Minnow, “The Hope For Healing: What Can Truth Commissions Do?”, Truth v. Justice: The Morality of Truth Commissions, Eds. Robert Rotberg and Dennis Thomas, July 2010. The trade of amnesty for testimony allowed the TRC to use the participation by some to gain the participation of others. Five mid-level political officers sought amnesty and in so doing implicated General Johan van der Merwe as the one who gave the order to fire on demonstrators in 1992.13 The general then himself applied for amnesty before the commission and confessed that he had indeed given the order to fire. He in turn implicated two cabinet-level officials who gave him orders.14 Evidence of this kind, tracing violence to decisions at the highest governmental levels, is likely to be held only by those who themselves participated in secret conversations, and the adversarial processes of trials are not likely to unearth it. Combining information from amnesty petitions and hearings with victim testimony and independent investigations, the TRC had the chance to develop a much richer array of evidence than the courts would have had in expensive and lengthy criminal prosecutions.
The aff’s us-vs-them approach to racism is hopelessly flawed and will only reproduce resentment and more police brutality. Only foregiveness through policies like TRC can make broken communities whole again while solving the harms of racism. Deepa Bhandaru, “Undermining Whiteness: Hannah Arendt's Participatory Freedom and the Political Ethics of Antiracism” PhD diss., University of Washington, 2013. Brackets in original Tutu is particularly sensitive to the white resentment that accompanies the institution of a new, more egalitarian racial order. The Civil Rights Movement in the United States and the anti-apartheid movement in South Africa installed new racial orders in deeply racist societies, orders committed to the principle of racial equality. But while non-whites made important strides during these struggles, Tutu worries about the imposition of victor’s justice, which is how he characterizes the Nuremberg trials that followed World War II and the Nazi Holocaust. He states that “while the Allies could pack up and go home after Nuremberg, we in South Africa had to live with one another.”123 Thus, the will (or injunction) to live together, black and white, inspired an alternative ethic, that of forgiveness. According to Tutu, foregrounding forgiveness as a political practice invites both blacks and whites into the public world. While punishment constitutes the world as partial to one party over another, forgiveness seeks to transform parties, to redraw lines of identification. Rendering punishment the modus operandi of the public world propagates fear and mistrust, the very ills that were the currency of apartheid. Forgiveness, on the other hand, dissipates fear and builds trust,
11/9/16
Sept-Oct-Black Out DA
Tournament: Meadows | Round: 1 | Opponent: Lynbrook AP | Judge: Nick Steele Blackout DA Ukraine relies on nuclear power immensely. World Nuclear Power 2016 World Nuclear Association. "Nuclear Power in Ukraine." Nuclear Power in Ukraine. World Nuclear Association, Oct. 2016. Web. 28 Oct. 2016 MC Ukraine is heavily dependent on nuclear energy – it has 15 reactors generating about half of its electricity.
Taking baseload power stations offline dramatically comprises the reliability of the energy grid and the wellbeing of all the people who depend on it. Loris 15 describes the threat of losing baseload power in the context of the EPA’s Clean Power Plan, which would decommission a large number of coal-fired plants. This understates the problem in Ukraine because it is less developed than the US and because the clean power plant takes a much smaller amount of electricity off the grid than Ukraine would lose if it banned nuclear power. Loris 15 - Nicolas Loris Fellow in Energy and Environmental Policy Thomas A. Roe Institute for Economic Policy Studies, “The Many Problems of the EPA’s Clean Power Plan and Climate Regulations: A Primer,” Heritage Foundation: Backgrounder #3025 on Energy and Environment (Web). July 7, 2015. Accessed October 7, 2016. http://www.heritage.org/research/reports/2015/07/the-many-problems-of-the-epas-clean-power-plan-and-climate-regulations-a-primer One of the primary concerns among many electricity-grid operators across the country is the power plant regulations’ effect on grid reliability. With uncertainty looming as to which of the EPA’s building blocks will stand in court, taking a massive amount of baseload power offline could create huge strains on the grid that generates and delivers electricity to consumers. The U.S. Energy Information Administration projects that more than double the coal-fired power plants will retire as a result of the Clean Power Plan compared to a scenario without the regulation.23 The CPP itself threatens the means to aiding such a traumatic transition from coal by causing the price of natural gas and natural gas infrastructure to increase, making it less economical to build. At the very least, the implementation of the CPP means a very expensive and unnecessary transition for ratepayers.24 A number of regional grid operators as well as the North American Electric Reliability Corporation (NERC), an international nonprofit established to ensure the reliability of bulk power in North America, raised issues with the proposed regulation.25¶ NERC wrote in its initial report of the EPA’s regulations that “new reliability challenges may arise with the integration of generation resources that have different ERS Essential Reliability Services characteristics than the units that are projected to retire”—in other words, the intermittent renewables on which the EPA depends to replace retired coal electricity increase the risk of reliability problems. Further, NERC states that the “proposed timeline does not provide enough time to develop sufficient resources to ensure continued reliable operation of the grid by 2020. To attempt to do so would increase the use of controlled load shedding and potential for wide-scale, uncontrolled outages.”26¶ Regional grid operators—the Independent System Operators/Regional Transmission Organizations (ISOs/RTOs)—have expressed similar concerns. The Southwest Power Pool (SPP) warned that “unless the proposed CPP is modified, the SPP region faces serious, detrimental impacts on reliable operation of the bulk electric system—introducing the very real possibility of rolling blackouts or cascading outages that will have significant impacts on human health, public safety, and economic activity.”27
10/28/16
Sept-Oct-Climate Change DA
Tournament: Loyola | Round: 3 | Opponent: North Hollywood JS | Judge: Kariman Dadah Climate Change DA
Link After a ban on nuclear power, coal consumption would rise dramatically. Nakata 2002 Toshihiko Nakata Professor at Tohoku University, “Analysis of the impacts of nuclear phase-out on energy systems in Japan” April 2002 Fig. 3 illustrates the changes in the electric power generation under the nuclear phase-out case. The total energy consumption and the carbon dioxide emissions for four scenarios in the year 2041 are shown in Table 4. We can see three ways in which the system has adjusted to make up the nuclear boiler after its phasing out: ∂ The use of coal boiler and coal IGCC rise and the total coal consumption rises by four times. The use of gas combined-cycles and gas boiler rise gradually, and the total gas consumption ∂ grows by three times. The renewables are not seen in the electricity market.
Producing energy by burning fossil fuels is a significant contributor to global climate change. As energy demand increases so does the danger of anthropogenic global warming. IAEA 2013 – International Atomic Energy Agency, “Climate Change and Nuclear Power 2013,” Vienna, 2013. AT Among the many challenges the world is facing in the early twenty-first century, climate change remains one of the major problems. The possibility of global climate change resulting from increasing anthropogenic emissions of GHGs has been a major concern in recent decades. A principal source of GHGs, and particularly of carbon dioxide (CO2), is the fossil fuels burned by the energy sector. Energy demand is expected to increase dramatically in the twenty-first century, especially in developing countries, where population growth is fastest and where, even today, some 1.6 billion people have no access to modern energy services. Without significant efforts to limit future GHG emissions, especially from the energy supply sector, the expected global increase in energy production and use could well trigger “dangerous anthropogenic interference with the climate system”, to use the language of Article 2 of the UNFCCC.
Nuclear power will be replaced by coal construction and natural gas. Biello 2013, David. “How Nuclear Power Can Stop Global Warming,” December 12, 2013.http://www.scientificamerican.com/article/how-nuclear-power-can-stop-global-warming/. SD As long as countries like China or the U.S. employ big grids to deliver electricity, there will be a need for generation from nuclear, coal or gas, the kinds of electricity generation that can be available at all times. A rush to phase out nuclear power privileges natural gas—as is planned under Germany's innovative effort, dubbed the Energiewende (energy transition), to increase solar, wind and other renewable power while also eliminating the country's 17 reactors. In fact, Germany hopes to develop technology to store excess electricity from renewable resources as gas to be burned later, a scheme known as “power to gas,” according to economist and former German politician Rainer Baake, now director of an energy transition think tank Agora Energiewende. Even worse, a nuclear stall can lead to the construction of more coal-fired power plants, as happened in the U.S. after the end of the nuclear power plant construction era in the 1980s.∂
Unabated climate change will harm human health and wellbeing in myriad ways. IAEA 2013 – International Atomic Energy Agency, “Climate Change and Nuclear Power 2013,” Vienna, 2013. AT The Intergovernmental Panel on Climate Change (IPCC) concludes that the biophysical changes resulting from a global warming of more than 3°C will trigger increasingly negative impacts in all climate sensitive sectors in all regions of the world 1. In mid-latitude and semi-arid low latitude regions, decreasing water availability and increasing drought will expose hundreds of millions of people to increased water stress. In agriculture, cereal productivity is expected to decrease in low latitude regions and to be only partly compensated for by increased productivity in mid-latitude and high latitude regions. Natural ecosystems will also be affected negatively: up to 30 of species will be at a growing risk of extinction in terrestrial areas, and increased coral bleaching in the oceans is forecast. In coastal areas, damage from floods and storms will increase. Human health will also be affected, especially in less developed countries, by the increasing burden from malnutrition and from diarrhoeal, cardiorespiratory and infectious diseases. Increased morbidity and mortality are foreseen from heatwaves, floods and droughts.
Impact Nuclear power is the only way to achieve substantial emissions cuts quickly enough to avoid the worst consequences of global warming. IAEA 2013 – International Atomic Energy Agency, “Climate Change and Nuclear Power 2013,” Vienna, 2013. AT The Copenhagen Accord, the outcome of the Fifteenth Conference of the Parties (COP-15) to the UNFCCC held in 2009, recognizes “the scientific view that the increase in global temperature should be below 2 degrees Celsius” 2, in order to prevent dangerous anthropogenic interference with the climate system. This means that “deep cuts in global emissions are required according to science” 3 and international cooperation is needed for peaking global and national GHG emissions “as soon as possible”. ∂ Recent experiments with a coupled climate carbon cycle model found that anthropogenic CO2 emissions to date add up to about 50 of the total amount of cumulative emissions permissible for keeping global mean temperature increase below 2°C relative to the pre-industrial level 4, 5. Accordingly, emissions of CO2 (and other GHGs) will need to decrease significantly. Given the constraint for cumulative CO2 emissions and assuming a median climate sensitivity of 3°C, even an immediate start of reducing CO2 emissions to eventually reach 10 of their current level would not prevent a warming of more than 2°C by the end of this millennium. Postponing the start of emission mitigation by 20 years and cutting emissions at the rate of 3 per year thereafter would result in reaching the 2°C limit by 2100 6. This implies that immediately available technologies with large mitigation potential, such as nuclear power, will be required to avoid more than 2°C warming over the long term.∂ An international initiative of the scientific community involved in climate change research resulted in new scenarios for assessing climate change impacts, adaptation and mitigation and has produced a set of so-called representative concentration pathways (RCPs) for exploring the near and long term climate change implications of different emissions pathways of all GHGs 7. The RCPs indicate radiative forcing1 values for the year 2100 in the range 2.6–8.5 W/m2. The low end of this range is associated with limiting the global mean temperature increase to less than 2°C 8.∂ Figure 1 shows the baseline (without climate policy) and the RCP2.6 mitigation pathways for all GHGs included in the Kyoto Protocol to the UNFCCC and for energy and industry related CO2 emissions alone. The chart indicates an enormous mitigation challenge: total GHG emissions will need to start decreasing at a fast rate in less than a decade while energy and industry related CO2 emissions will need to become negative beyond 2070. The latter will require a fast decarbonization of the energy system by adding carbon capture and storage (CCS) to a large fraction of fossil fuel and bioenergy use, and drastically increasing the contribution of nuclear energy 8 to the global energy mix.
() Global Warming causes extinction, we need to act now: McCoy 14 Mccoy, David Et. Al. MD, Centre for International Health and Development, University College London, “Climate Change and Human Survival,” BRITISH MEDICAL JOURNAL v. 348, 4—2—14, doi: http://dx.doi.org/10.1136/bmj.g2510
The Intergovernmental Panel on Climate Change (IPCC) has just published its report on the impacts of global warming. Building on its recent update of the physical science of global warming 1, the IPCC’s new report should leave the world in no doubt about the scale and immediacy of the threat to human survival, health, and well-being. The IPCC has already concluded that it is “virtually certain that human influence has warmed the global climate system” and that it is “extremely likely that more than half of the observed increase in global average surface temperature from 1951 to 2010” is anthropogenic 1. Its new report outlines the future threats of further global warming: increased scarcity of food and fresh water; extreme weather events; rise in sea level; loss of biodiversity; areas becoming uninhabitable; and mass human migration, conflict and violence. Leaked drafts talk of hundreds of millions displaced in a little over 80 years. This month, the American Association for the Advancement of Science (AAAS) added its voice: “the well being of people of all nations is at risk.” 2 Such comments reaffirm the conclusions of the Lancet/UCL Commission: that climate change is “the greatest threat to human health of the 21st century.” 3 The changes seen so far—massive arctic ice loss and extreme weather events, for example—have resulted from an estimated average temperature rise of 0.89°C since 1901. Further changes will depend on how much we continue to heat the planet. The release of just another 275 gigatonnes of carbon dioxide would probably commit us to a temperature rise of at least 2°C—an amount that could be emitted in less than eight years. 4 “Business as usual” will increase carbon dioxide concentrations from the current level of 400 parts per million (ppm), which is a 40 increase from 280 ppm 150 years ago, to 936 ppm by 2100, with a 50:50 chance that this will deliver global mean temperature rises of more than 4°C. It is now widely understood that such a rise is “incompatible with an organised global community.” 5. The IPCC warns of “tipping points” in the Earth’s system, which, if crossed, could lead to a catastrophic collapse of interlinked human and natural systems. The AAAS concludes that there is now a “real chance of abrupt, unpredictable and potentially irreversible changes with highly damaging impacts on people around the globe.” 2 And this week a report from the World Meteorological Office (WMO) confirmed that extreme weather events are accelerating. WMO secretary general Michel Jarraud said, “There is no standstill in global warming . . . The laws of physics are non-negotiable.” 6
() The poor are especially vulnerable to ecological disruption. Barbier 2010 : Edward Barbier Prof of Economics, U. of Wyoming, “Environmental Sustainability and Poverty Eradication in Developing Countries,” Getting Development Right: Structural Transformation, Inclusion, and Sustainability in the Post-Crisis Era. Ed. Eva Paus. New York: Palgrave Macmillan (2013), pp. 173-194. AT As noted above, the livelihoods of one-quarter of the population in developing countreis- almost 1.3 billion – are particularly vulnerable to ecological disruption, and they account for many of the world’s extreme poor who live on less than US$2 per day (see also box 1.2). These populations live in regions with no access to irrigation systems, farm poor soils or land with steep slopes, and inhabit fragile forest systems. By 2015, despite a decline in the share of the world population living in extreme poverty, there are still likely to be nearly 3 billion people living on less than US$2 a day. As indicated in box 3.1, many low- and middle-income economies fall into a persistent pattern of resource use characterized by chronic resource dependency, the concentration of large segments of the population in fragile environments, and rural poverty.
()Becaue indigenous peoples have a close relationship with nature, as climate change worsens, their understanding of nature becomes invalid. Baird 2008 : Rachel Baird, Journalist and Climate Change Researcher for Christian Aid 'The Impact of Climate Change on Minorities and Indigenous Peoples' Minority Rights Group International, April 2008. Indigenous peoples tend to live close to nature, in relatively natural environments, rather than in cities, growing and making much of the food and other products that they need to survive. This gives them an extraordinarily intimate knowledge of local weather and plant and animal life. Traditional wisdom on matters such as when to plant crops or where to hunt for food has been accumulated over many generations, but now that the climate is shifting, some of those understandings are proving to be no longer valid. Climate change, and the rapidly increasing amount of land being converted into plantations of biofuel crops, threatens the very existence of some cultures.
10/4/16
Sept-Oct-Coal DA
Tournament: Loyola | Round: 1 | Opponent: Peninsula KJ | Judge: Joseph Barquin Coal/Shift DA
Link Nuclear power will be replaced by coal construction and natural gas. Biello 2013, David. “How Nuclear Power Can Stop Global Warming,” December 12, 2013.http://www.scientificamerican.com/article/how-nuclear-power-can-stop-global-warming/. SD As long as countries like China or the U.S. employ big grids to deliver electricity, there will be a need for generation from nuclear, coal or gas, the kinds of electricity generation that can be available at all times. A rush to phase out nuclear power privileges natural gas—as is planned under Germany's innovative effort, dubbed the Energiewende (energy transition), to increase solar, wind and other renewable power while also eliminating the country's 17 reactors. In fact, Germany hopes to develop technology to store excess electricity from renewable resources as gas to be burned later, a scheme known as “power to gas,” according to economist and former German politician Rainer Baake, now director of an energy transition think tank Agora Energiewende. Even worse, a nuclear stall can lead to the construction of more coal-fired power plants, as happened in the U.S. after the end of the nuclear power plant construction era in the 1980s.∂
After a ban on nuclear power, coal consumption would rise dramatically. Nakata 2002 Toshihiko Nakata Professor at Tohoku University, “Analysis of the impacts of nuclear phase-out on energy systems in Japan” April 2002 Fig. 3 illustrates the changes in the electric power generation under the nuclear phase-out case. The total energy consumption and the carbon dioxide emissions for four scenarios in the year 2041 are shown in Table 4. We can see three ways in which the system has adjusted to make up the nuclear boiler after its phasing out: ∂ The use of coal boiler and coal IGCC rise and the total coal consumption rises by four times. The use of gas combined-cycles and gas boiler rise gradually, and the total gas consumption ∂ grows by three times. The renewables are not seen in the electricity market.
Germany proves that ending the production of nuclear power results in the increased use of coal. Lindsay Abrams (Staff Writer at Salon on sustainable energy), "Germany’s clean energy plan backfired", Salon, 07/30/2013, www.salon.com/2013/07/30/germanys_clean_energy_plan_backfired/ When a nuclear power plant closes, a coal plant opens. At least, that’s the way things are shaping up in Germany, where the move away from nuclear energy appears to have backfired. For the second consecutive year, according to Bloomberg, the nation’s greenhouse gas emissions are set to increase. German Chancellor Angela Merkel made headlines back in 2011 when, in the wake of the reactor meltdown in Tokyo, she announced the impending closure of Germany’s 17 nuclear reactors. Up until then, nuclear-generated energy contributed to a full quarter of the nation’s electricity. At the time, the closings were framed as a positive effort to increase the country’s use of clean energy. As an expert then predicted to the New York Times: “If the government goes ahead with what it said it would do, then Germany will be a kind of laboratory for efforts worldwide to end nuclear power in an advanced economy.” But predictably, when nuclear plants began to shut down, as eight immediately did, something else had to take its place. And coal, which according to Bloomberg is favored by the market, did just that. In the absence of a strong government plan to push natural gas and renewable forms of energy, the share of electricity generated from coal rose from 43 percent in 2010 to 52 percent in the first half of this year, according to the World Nuclear Association.
Impact
The use of coal leads to detrimental health issues and is largely responsible for global warming. Keating 2001. Martha Keating (Policy Advisor at U.S. Environmental Protection Agency), “Cradle to Grave: the Environmental Impacts from Coal”, Clean Air Task Force, June, 2001 SD The electric power industry is the largest toxic polluter in the country, and coal, which is used to generate over half of the electricity produced in the U.S., is the dirtiest of all fuels.1 From mining to coal cleaning, from transportation to electricity generation to disposal, coal releases numerous toxic pollut- ants into our air, our waters and onto our lands.2 Nation- ally, the cumulative impact of all of these effects is magnified by the enormous quantities of coal burned each year – nearly 900 million tons. Promoting more coal use without also providing additional environmental safe- guards will only increase this toxic abuse of our health and ecosystems. ∂ The trace elements contained in coal (and others formed during combustion) are a large group of diverse pollutants with a number of health and environmental effects.3 They are a public health concern because at sufficient exposure levels they adversely affect human health. Some are known to cause cancer, others impair reproduc- tion and the normal development of children, and still others damage the nervous and immune systems. Many are also respira- tory irritants that can worsen respiratory conditions such as asthma. They are an environmen- tal concern because they damage ecosystems. Power plants also emit large quantities of carbon dioxide (CO2), the “greenhouse gas” 2 largely responsible for climate change.
The presence of coalmines in an area detrimentally affects the communities there, who are extremely poor minorities. Keating 2001. Martha Keating (Policy Advisor at U.S. Environmental Protection Agency), “Cradle to Grave: the Environmental Impacts from Coal”, Clean Air Task Force, June, 2001 Children living in the vicinity of power plants have the highest health risks. Adults are also at risk from contami- nated groundwater and from inhaling dust from the facility. The poverty rate of people living within one mile of power plant waste facilities is twice as high as the national average and the percentage of non-white populations within one mile is 30 percent higher than the national average.51 ∂ Consequently, there may be other factors that make these people more vulnerable to health risks from these facilities. These include age (both young and old), nutritional status and access to health care. Also, these people are exposed to numerous other air pollutants emitted from the power plant smokestacks and possibly to air pollution from other nearby industrial facilities or lead paint in the home. Similar high poverty rates are found in 118 of the 120 coal-producing counties in America where power plant combustion wastes are increasingly being disposed of in unlined, under-regulated coal mine pits often directly into groundwater. ∂ Mineworkers and their families also often reside in the communities where the coal is being mined. Some of the additional health risks and dangers to residents of ∂ coal mining communities include injuries and fatalities related to the collapse of highwalls, roads and homes adjacent to or above coal seams being mined; the blasting of flyrock offsite onto a homeowner’s land or public roadway; injury and/ or suffocation at abandoned mine sites; and the inhalation of airborne fine dust particles off-site.
The by-product of coal is more radioactive than the byproduct of nuclear energy. Hvistendahl 2007 Mara Hvistendahl (contributing correspondent for Science magazine, finalist for the Pulitzer prize) 12-13-2007 “Coal Ash Is More Radioactive Than Nuclear Waste”, Scientific American SD Over the past few decades, however, a series of studies has called these stereotypes into question. Among the surprising conclusions: the waste produced by coal plants is actually more radioactive than that generated by their nuclear counterparts. In fact, the fly ash emitted by a power plant—a by-product from burning coal for electricity—carries into the surrounding environment 100 times more radiation than a nuclear power plant producing the same amount of energy. * See Editor's Note at end ofpage 2 At issue is coal's content of uranium and thorium, both radioactive elements. They occur in such trace amounts in natural, or "whole," coal that they aren't a problem. But when coal is burned into fly ash, uranium and thorium are concentrated at up to 10 times their original levels. Fly ash uranium sometimes leaches into the soil and water surrounding a coal plant, affecting cropland and, in turn, food. People living within a "stack shadow"—the area within a half- to one-mile (0.8- to 1.6- kilometer) radius of a coal plant's smokestacks—might then ingest small amounts of radiation. Fly ash is also disposed of in landfills and abandoned mines and quarries, posing a potential risk to people living around those areas.
Global warming leads to the extinction of people and animals. Urban 2015 Mark C. Urban “Accelerating extinction risk from climate change” Science 01 May 2015: Overall, 7.9 of species are predicted to become extinct from climate change; (95 CIs, 6.2 and 9.8) (Fig. 1). Results were robust to model type, weighting scheme, statistical method, potential publication bias, and missing studies (fig. S1 and table S2) (6). This proportion supports an estimate from a 5-year synthesis of studies (7). Its divergence from individual studies (1–4) can be explained by their specific assumptions and taxonomic and geographic foci. These differences provide the opportunity to understand how divergent factors and assumptions influence extinction risk from climate change.∂ The factor that best explained variation in extinction risk was the level of future climate change. The future global extinction risk from climate change is predicted not only to increase but to accelerate as global temperatures rise (regression coefficient = 0.53; CIs, 0.46 and 0.61) (Fig. 2). Global extinction risks increase from 2.8 at present to 5.2 at the international policy target of a 2°C post-industrial rise, which most experts believe is no longer achievable (8). If the Earth warms to 3°C, the extinction risk rises to 8.5. If we follow our current, business-as-usual trajectory representative concentration pathway (RCP) 8.5; 4.3°C rise, climate change threatens one in six species (16). Results were robust to alternative data transformations and were bracketed by models with liberal and conservative extinction thresholds (figs. S2 and S3 and table S3).∂ Regions also differed significantly in extinction risk (ΔDIC = 12.6) (Fig. 3 and table S4). North America and Europe were characterized by the lowest risks (5 and 6, respectively), and South America (23) and Australia and New Zealand (14) were characterized by the highest risks. These latter regions face no-analog climates (9) and harbor diverse assemblages of endemic species with small ranges. Extinction risks in Australia and New Zealand are further exacerbated by small land masses that limit shifts to new habitat (10). Poorly studied regions might face higher risks, but insights are limited without more research (for example, only four studies in Asian ). Currently, most predictions (60) center on North America and Europe, suggesting a need to refocus efforts toward less studied and more threatened regions
10/4/16
Sept-Oct-Coal DA V2
Tournament: Meadows | Round: 1 | Opponent: Lynbrook AP | Judge: Nick Steele Coal DA Link Nuclear power will be replaced by coal construction and natural gas. Biello 2013 - David Biello. “How Nuclear Power Can Stop Global Warming,” December 12, 2013.http://www.scientificamerican.com/article/how-nuclear-power-can-stop-global-warming/. SD As long as countries like China or the U.S. employ big grids to deliver electricity, there will be a need for generation from nuclear, coal or gas, the kinds of electricity generation that can be available at all times. A rush to phase out nuclear power privileges natural gas—as is planned under Germany's innovative effort, dubbed the Energiewende (energy transition), to increase solar, wind and other renewable power while also eliminating the country's 17 reactors. In fact, Germany hopes to develop technology to store excess electricity from renewable resources as gas to be burned later, a scheme known as “power to gas,” according to economist and former German politician Rainer Baake, now director of an energy transition think tank Agora Energiewende. Even worse, a nuclear stall can lead to the construction of more coal-fired power plants, as happened in the U.S. after the end of the nuclear power plant construction era in the 1980s.
After a ban on nuclear power, coal consumption would rise dramatically. Nakata 2002 Toshihiko Nakata Professor at Tohoku University, “Analysis of the impacts of nuclear phase-out on energy systems in Japan” April 2002 Fig. 3 illustrates the changes in the electric power generation under the nuclear phase-out case. The total energy consumption and the carbon dioxide emissions for four scenarios in the year 2041 are shown in Table 4. We can see three ways in which the system has adjusted to make up the nuclear boiler after its phasing out: ∂ The use of coal boiler and coal IGCC rise and the total coal consumption rises by four times. The use of gas combined-cycles and gas boiler rise gradually, and the total gas consumption grows by three times. The renewables are not seen in the electricity market.
Germany proves that ending the production of nuclear power results in the increased use of coal. Abrams 2013 - Lindsay Abrams (Staff Writer at Salon on sustainable energy), "Germany’s clean energy plan backfired", Salon (web), July 30, 2013. www.salon.com/2013/07/30/germanys_clean_energy_plan_backfired/ When a nuclear power plant closes, a coal plant opens. At least, that’s the way things are shaping up in Germany, where the move away from nuclear energy appears to have backfired. For the second consecutive year, according to Bloomberg, the nation’s greenhouse gas emissions are set to increase. German Chancellor Angela Merkel made headlines back in 2011 when, in the wake of the reactor meltdown in Tokyo, she announced the impending closure of Germany’s 17 nuclear reactors. Up until then, nuclear-generated energy contributed to a full quarter of the nation’s electricity. At the time, the closings were framed as a positive effort to increase the country’s use of clean energy. As an expert then predicted to the New York Times: “If the government goes ahead with what it said it would do, then Germany will be a kind of laboratory for efforts worldwide to end nuclear power in an advanced economy.” But predictably, when nuclear plants began to shut down, as eight immediately did, something else had to take its place. And coal, which according to Bloomberg is favored by the market, did just that. In the absence of a strong government plan to push natural gas and renewable forms of energy, the share of electricity generated from coal rose from 43 percent in 2010 to 52 percent in the first half of this year, according to the World Nuclear Association. Impact Fossil fuels cause air pollution that harms humans. IAEA 2013 – International Atomic Energy Agency, “Climate Change and Nuclear Power 2013,” Vienna, 2013. AT NPPs emit virtually no air pollutants during their operation. In contrast, fossil fuel power plants are among the major contributors to air pollution. According to the World Health Organization (WHO), air pollution is a major human health risk factor. Outdoor air pollution due largely to fossil fuel burning causes over one million premature deaths worldwide each year. Air pollution also contributes to health disorders from respiratory infections, heart disease and lung cancer 46. New evidence indicates that the adverse health effects of air pollutants occur in some cases at lower air pollution concentrations levels than previously thought. The range of health effects is also broader. They now include impacts on neurodevelopment and cognitive function. Air pollution is increasingly linked to chronic diseases such as diabetes 47.¶ A recent joint study from the NASA Goddard Institute for Space Studies and Columbia University’s Earth Institute examined the historical and potential future role of nuclear power in preventing air pollution related mortality. The study estimates that globally, nuclear power has prevented over 1.8 million air pollution related deaths that would have resulted from fossil fuel burning between 1971 and 2009. The largest shares of prevented fatalities are estimated for European OECD Member States and for the USA. Furthermore, the calculations show that the deployment of nuclear power can make an even higher contribution to reducing air pollution related deaths in the future. Projections from a simulation model assess hypothetical scenarios in which all nuclear capacity would be phased out and substituted by fossil fuels. If all nuclear electricity production projected by the IAEA in 2011 (that is, after the Fukushima Daiichi accident) 48 for the period 2010–2050 were to be delivered by coal fired power plants, the number of premature air pollution related deaths could increase by 4.4 million for the low IAEA projection and by 7.0 million for the high projection. The large scale expansion of natural gas use would likewise cause far more deaths than the expansion of nuclear power. In the all gas case (generating the projected nuclear electricity by gas fired power plants instead), the resulting additional human deaths are estimated at 0.4 million (low projection) and 0.7 million (high projection). The overall conclusion of the study emphasizes the importance of retaining and expanding the role of nuclear power in the near term global energy supply 49. Fossil fuels are more dangerous than nuclear power because of persistent dangers involved in the supply chain. Saletan, William. “Nuclear Overreactors.” Slate March 14, 2011. MO. Web. http://www.slate.com/articles/health_and_science/human_nature/2011/03/nuclear_overreactors.html If Japan, the United States, or Europe retreats from nuclear power in the face of the current panic, the most likely alternative energy source is fossil fuel. And by any measure, fossil fuel is more dangerous. The sole fatal nuclear power accident of the last 40 years, Chernobyl, directly killed 31 people. By comparison, Switzerland's Paul Scherrer Institutecalculates that from 1969 to 2000, more than 20,000 people died in severe accidents in the oil supply chain. More than 15,000 people died in severe accidents in the coal supply chain—11,000 in China alone. The rate of direct fatalities per unit of energy production is 18 times worse for oil than it is for nuclear power.
10/28/16
Sept-Oct-Econ DA
Tournament: Greenhill | Round: 1 | Opponent: St Thomas AcademyVisitation SK | Judge: Kyle Fennessy Link
Nuclear power is responsible for a large portion of the world’s energy. NPR ‘11 NPR “A Nuclear-Powered World.” May 16, 2011. http://www.npr.org/2011/05/16/136288669/a-nuclear-powered-world LG Nuclear power plants generate 14 percent of the world's electricity, but some countries are more dependent on this power source than others. France relies on nuclear for 75.2 percent of its electricity; the United States, about 20 percent. And while China gets just 1.9 percent of their electricity from nuclear (the lowest proportion of any nuclear country) it plans to boost the number of nuclear power plants in operation by over 1,000 percent by 2020.
Many countries are reliant upon nuclear power. WNA ’15 World Nuclear Association, February 2015, Nuclear Power in the World Today, http://www.world-nuclear.org/info/Current-and-Future-Generation/Nuclear-Power-in-the-World-Today/ LG Sixteen countries depend on nuclear power for at least a quarter of their electricity. France gets around three-quarters of its power from nuclear energy, while Belgium, Czech Republic, Finland, Hungary, Slovakia, Sweden, Switzerland, Slovenia and Ukraine get one-third or more. South Korea and Bulgaria normally get more than 30 of their power from nuclear energy, while in the USA, UK, Spain, Romania and Russia almost one-fifth is from nuclear. Japan is used to relying on nuclear power for more than one-quarter of its electricity and is expected to return to that level. Among countries which do not host nuclear power plants, Italy and Denmark get almost 10 of their power from nuclear.
And, other resources can’t make up for the loss in energy that would occur if we ban nuclear production. Our Energy Policy Organization ‘16 Our Energy Policy Organization, July 1-6, 2016, Nuclear Energy: Overview, http://www.ourenergypolicy.org/wp-content/uploads/2016/07/NEO.pdf DOA: 8-10-16 LG For those who hope that renewables can quickly fill the gap left by closed nuclear energy facilities, NEI points out that wind and solar lack the scale and reliability of nuclear power plants that usually run 24/7 except when they are in refueling outages “Renewable sources are intermittent and do not have the same value to the grid as dispatchable baseload resources like nuclear plants. And renewables do not have the scale necessary to replace existing nuclear plants,” NEI say NEI’s comments also point to analysis by the independent market monitor for the New England and New York independent system operators (ISO) demonstrating that preserving existing nuclear power plants has a lower carbon abatement cost than renewables sources like wind and solar. “Looking to the future, the Energy Information Administration’s Annual Energy Outlook expects nuclear energy to produce 789 billion kWh in 2040. By then, EIA forecasts wind and solar will produce 818 billion kWh. So it will take the next 25 years for wind and solar to catch up to where nuclear energy is today,” NEI says. Impact A shift away from nuclear power impacts the economy. Edward D. Kee, CEO of Nuclear Economics Consulting and expert in nuclear economics August 4, 2016, Bulletin of the Atomic Scientists, “Market failure” and nuclear power, http://thebulletin.org/E2809Cmarket-failureE2809D-and-nuclear-power9703 LG ∂ Recent closures of nuclear power plants hit the bottom line of those who can afford it least: households and businesses. After the shutdown of the San Onofre Nuclear Generating station in 2013, California consumers paid $350 million more for electricity the following year. ∂ “Sooner or later, that nuclear capacity must be replaced and, when it is replaced with new gas- red combined cycle capacity, consumers will pay more on a levelized lifecycle cost basis,” NEI warns. ∂ Shutting down nuclear power plants also results in higher emissions. This is because (zero-emissions) nuclear power plants are usually replaced with natural gas plants which produce significant amounts of carbon emissions. In California, carbon emissions rose 9 million tons per year after the closure of San Onofre. In New England, emissions rose five percent after the closure of the Vermont Yankee Nuclear Power Plant in 2014. ∂ NEI emphasizes that the reasons for many of these recent premature closures are short-term price signals that are unsustainable, not long-term market fundamentals.
An energy crisis will eviscerate the American economy. History Proves. Bezdek and Wendling Federal consultant for energy economics, economist specializing in environmental economics, Energy Consultants at Management Information Services. “The Case Against Gas Dependence,” Public Utilities Fortnightly. April 2004. http://www.fortnightly.com/fortnightly/2004/04/case-against-gas-dependence?page=02C3andi=/4363.cfm LG The energy crises of the 1970s demonstrated the harmful impact on jobs and the economy that natural gas shortages can have. The U.S. economy suffered through recessions, widespread unemployment, inflation, and record-high interest rates. In the winter of 1975-76, unemployment resulting from gas curtailments in hard-hit regions ran as high as 100,000 for periods lasting from 20 to 90 days. 14 These effects were especially serious for the poor and for the nation's minorities. 15 More recently, the winter of 2002-2003 brought higher natural gas bills to many consumers, and low-income families were especially hard hit.∂ As Paul Cicio, director of the Industrial Energy Consumers Association, notes: "The economic welfare of our economy, the competitiveness of our industries, the affordability of natural gas for all consumers are at risk. We cannot afford another natural gas crisis. Every U.S. energy crisis in the last 30 years has been followed by an economic recession, and the 2000-2001 price spike was no exception. The energy crisis devastated industrial consumers. When natural gas prices reached $4/MMBtu, manufacturing began to reduce production and shift production to locations outside the U.S. At even higher prices, they shut down production, laying off employees, and damaging communities. We have arrived at this price threshold." 16∂ Moreover, two articles last year in Public Utilities Fortnightly that addressed natural gas supply, demand, and price issues seemed to confuse the solution with the problem. Robert Linden noted that high gas prices would lead to "demand destruction" in the industrial sector, which would, in part, counterbalance increasing power sector demand. 17 He further stated, "This price-induced demand destruction can be added to the other causes of reduced gas demand, including the closure of industrial facilities using natural gas as a feedstock." 18 Similarly, John Herbert, after noting that high natural gas prices have forced U.S. fertilizer plants to shut down, stated, "As fertilizer and other chemical plants continue to shut down, this will reduce demand for natural gas and increase overall supplies." 19∂Both authors are correct in pointing out that high natural gas prices will tend to reduce industrial natural gas demand as industrial plants shut down, and that this will temper future natural gas price increases. However, the "destruction" of the nation's industrial sector is an extremely serious problem for the United States; it is not a "solution" to the natural-gas pricing problem. We should be very concerned with the strongly negative impact high natural gas prices are having on the U.S. industrial sector and the potential implications of this for the U.S. economy. ∂Despite all of the hype in recent years about the new economy, the information economy, the service economy, etc., manufacturing is, by far, the most critical sector of the U.S. economy, and it creates the broad foundation upon which the rest of the economy grows. Manufacturing drives the rest of the economy, provides a disproportionate share of the nation's tax base, generates innovation, and disseminates new technology throughout the economy. The average manufacturing job creates 4.2 jobs directly and indirectly throughout the economy, whereas the average service and retail job generates about one other job, directly and indirectly. ∂The manufacturing sector uses 40 percent of the natural gas consumed in the United States, and virtually every manufacturing industry is heavily dependent on natural gas as a fuel, feedstock, and, increasingly, as a source of electricity generation. Price spikes in the cost of natural gas and electricity in the fall of 2000 precipitated the current manufacturing recession. During the past three years, this sector has been severely affected, losing more than 2.5 million jobs. n21 The current manufacturing recovery is slower than the first year of any recovery in 40 years. n22 Manufacturing is suffering from intense global competition and cannot pass though increased energy costs via product price increases. ∂Reliance on low-cost natural gas has been an often-unrecognized factor in the U.S. manufacturing sector's global competitiveness, and an ample supply of reasonably priced natural gas is critical to its competitiveness. This sector is bearing the brunt of the energy impacts of the natural gas crisis and is suffering from a triple whammy: High natural gas prices are causing industrial electricity prices to increase, the cost of natural gas as a feedstock and fuel is greatly increasing manufacturing costs, and industrial operations are the first to be cut off from natural gas supplies when winter emergencies occur. The natural gas crisis has become a matter of exporting profits and jobs to countries with cheaper natural gas. ∂Thus, the impact of high natural gas prices is, indeed, to destroy the U.S. industrial sector. However, instead of viewing this as an effect that will serve to moderate future natural gas price increases, this must be viewed as a very serious problem resulting from high natural gas prices. To the extent natural gas demand and prices are being driven by the increasing use of gas for electric power generation, the solution should be to substitute other fuels, such as nuclear and coal in this sector, and not to accept demand destruction in the nation's industrial sector.
Job loss and financial hardship exacts a tremendous human cost. Dao and Loungani 2010 :
The human and social costs of unemployment are more far-reaching than the immediate temporary loss of income. They include loss of lifetime earnings, loss of human capital, worker discouragement, adverse health outcomes, and loss of social cohesion. Moreover, parents’ unemployment can even affect the health and education outcomes of their children. The costs can be particularly high for certain groups, such as youth and the long-term unemployed (see Katz, 2010; von Wachter, 2010a, 2010b; Holzer, 2010). A. Cost to Individuals and Families Loss of earnings: Layoffs are associated with substantial loss of earnings both over the short and long run. That is, even when workers are re-employed shortly after displacement, they suffer a decline in wages compared to the pre-displacement job and compared to similar workers that were not displaced. The decline in earnings is on average observed for job losers in any period, but is most pronounced for job losers during a recession (see Farber, 2005). Studies for the United States show that these earnings losses persist even in the long run: 15–20 years after a job loss in a recession, the earnings loss amounts on average to 20 (see e.g. Jacobson et al., 1993; von Wachter et al., 2009). An illustration of an average earnings path before and after job separation during the recession in the 1980s using U.S. administrative data is taken from von Wachter et al. (2009) and reproduced in Figure 4. These sustained earnings losses stem from the decline in value of certain occupation- or industry-specific skills that become obsolete, from the time-intensive process of finding an appropriate job, in particular for a mature worker, but also from so called “cyclical downgrading”— when workers take up worse jobs than they otherwise would have had in the absence of a recession. There is also evidence that the adverse effects on lifetime earnings are most pronounced for unemployment spells experienced at youth, especially upon college graduation, making the rising youth unemployment rate a particularly serious concern (see Oreopoulos et al., 2008; Kondo, 2008; Kahn, 2010). Using similar data and empirical methodology as the U.S. studies above, Schmieder et al. (2009) also find that workers who lost their stable jobs in 1982 in Germany suffered earnings losses of 10–15 that lasted at least 15 years. Thus even in countries with more generous welfare systems and lower earnings inequalities, workers are not shielded from long lasting and large income losses caused by job displacement. Impact on health: The hardship of job loss also has serious negative impacts on health. In the short run, layoffs are associated with higher risk of heart attacks and other stress-related illnesses (Burgard et al., 2007). But even in the long term, the mortality rate of workers that have been laid off is on average higher than that of comparable workers that did not lose their jobs, controlling for other relevant individual and aggregate characteristics. Based on social security data for the United States, Sullivan and von Wachter (2009) estimate that increased mortality rate due to unemployment can persist up to 20 years after the job loss and lead to an average loss of life expectancy from 1 to 1.5 years (see Figure 5). Moreover, displaced workers’ loss in earnings is associated with the increase in mortality odds: workers that are displaced but are lucky enough not to suffer a loss in subsequent earnings are not found to have a higher rate of mortality (Figure 6). This suggests that financial resources serve as an important determinant of individual health by influencing the ability to invest in good health care (and access to health insurance) and a healthy lifestyle, while a shortage of resources leads to poor lifestyle choices and can also be the reason for stress and depression.
Not necessary but read if you have time: Economic decline puts countries at risk of political instability, unrest, authoritarian power. Mathews, Jessica Tuchman. President of the Carnegie Endowment for International Peace "Redefining Security." Foreign Affairs 68.2 (1989): 162-77. Web. AJ If such resource and population trends are not addressed, as they are not in so much of the world today, the resulting economic decline leads to frustration, resentment, domestic unrest or even civil war. Human suffering and turmoil make countries ripe for authoritarian government or external sub version. Environmental refugees spread the disruption across national borders. Haiti, a classic example, was once so forested and fertile that it was known as the "Pearl of the Antilles." Now deforested, soil erosion in Haiti is so rapid that some farmers believe stones grow in their fields, while bulldozers are needed to clear the streets of Port-au-Prince of topsoil that flows down from the mountains in the rainy season. While many of the boat people who fled to the United States left because of the brutality of the Duvalier regimes, there is no question that--and this is not widely recognized--many Hai tians were forced into the boats by the impossible task of farming bare rock. Until Haiti is reforested, it will never be politically stable.
10/4/16
Sept-Oct-Econ DA
Tournament: Meadows | Round: 1 | Opponent: Lynbrook AP | Judge: Nick Steele Econ DA
Cross apply the first link card form the blackout DA, WNA 2016, which says that Ukraine currently gets 50 of its electricity from nuclear power. And, other resources can’t make up for the loss in energy that would occur if we ban nuclear production. Our Energy Policy Organization ‘16 Our Energy Policy Organization, July 1-6, 2016, Nuclear Energy: Overview, http://www.ourenergypolicy.org/wp-content/uploads/2016/07/NEO.pdf DOA: 8-10-16 LG For those who hope that renewables can quickly fill the gap left by closed nuclear energy facilities, NEI points out that wind and solar lack the scale and reliability of nuclear power plants that usually run 24/7 except when they are in refueling outages “Renewable sources are intermittent and do not have the same value to the grid as dispatchable baseload resources like nuclear plants. And renewables do not have the scale necessary to replace existing nuclear plants,” NEI say NEI’s comments also point to analysis by the independent market monitor for the New England and New York independent system operators (ISO) demonstrating that preserving existing nuclear power plants has a lower carbon abatement cost than renewables sources like wind and solar. “Looking to the future, the Energy Information Administration’s Annual Energy Outlook expects nuclear energy to produce 789 billion kWh in 2040. By then, EIA forecasts wind and solar will produce 818 billion kWh. So it will take the next 25 years for wind and solar to catch up to where nuclear energy is today,” NEI says. Impact Because nuclear power has low price sensitivity, it can favorably contribute to conditions for economic growth. IAEA 2013 – International Atomic Energy Agency, “Climate Change and Nuclear Power 2013,” Vienna, 2013. AT Price stability is an important precondition for investing in nuclear power, as it prevents unexpected increases in construction costs and unforeseen changes in future cash flows. Financial calculations are made in real terms, as net-present-value discounting includes expected price changes. With a timeframe of several years, unexpected inflation rates can significantly modify the profitability profile of a nuclear power project. Mitigating mechanisms to reduce inflation risk exist, but at a cost. On the other hand, nuclear power may have positive implications for a country’s price stability, due to its potential substitution effect on imported fossil fuels. Nuclear power also boasts low fuel price sensitivity, so electricity prices are not strongly affected by uranium price volatility. The price of nuclear generated electricity is therefore more stable than other baseload technologies. Electricity price stability leads to low inflation and, thus, to a favourable monetary policy context for economic growth. Nuclear power stimulates the economy by providing electricity for economic development and by stimulating the economy through direct investment. IAEA 2013 – International Atomic Energy Agency, “Climate Change and Nuclear Power 2013,” Vienna, 2013. AT Nuclear power can play an important role in driving sustainable economic growth by meeting growing electricity demand, contributing to GHG emissions reduction and generating economic activity within and beyond the power sector. A vast literature exists on the correlation between energy consumption and change in GDP, while a few studies specifically cover the implications of nuclear power technologies on growth 52. Despite not being conclusive, the literature shows evidence that the increased consumption of nuclear power has a positive effect on economic growth. There are two mechanisms making this possible. First, nuclear generated electricity fuels the development of a country’s economic activity, particularly where nuclear power represents a large share of total electricity consumption. Second, nuclear plant investment and operation directly stimulate economic activity and create new employment. Building nuclear power plants stimulates employment. IAEA 2013 – International Atomic Energy Agency, “Climate Change and Nuclear Power 2013,” Vienna, 2013. AT The employment effects of nuclear power are an important driver for the construction of new facilities. Nuclear investment directly creates high skilled employment in construction, operation, nuclear fuel cycle and supporting industries. Additional jobs are created in areas such as design, siting, licensing, oversight, waste management, decontamination and decommissioning, etc. At the same time, nuclear power also generates indirect employment in induced non-nuclear industries. Estimates of the employment effects of NPPs in the USA 54 indicate that, for each directly created job in construction, manufacturing or operations for a new NPP, four additional indirect or induced non-nuclear jobs are created in the economy. Other studies in various countries 52, 55 stress the job multiplying effect of nuclear power. Despite the fragmentation of available data and the need for further research on the topic, the positive employment effect of nuclear power appears indisputable, especially at the local level. There are estimates that the yearly contribution to the local community of the average NPP in the USA is approximately $470 million in sales of goods and services, in addition to $40 million in total labour income 56.
Job loss and financial hardship exacts a tremendous human cost. Dao and Loungani 2010 :
The human and social costs of unemployment are more far-reaching than the immediate temporary loss of income. They include loss of lifetime earnings, loss of human capital, worker discouragement, adverse health outcomes, and loss of social cohesion. Moreover, parents’ unemployment can even affect the health and education outcomes of their children. The costs can be particularly high for certain groups, such as youth and the long-term unemployed (see Katz, 2010; von Wachter, 2010a, 2010b; Holzer, 2010). A. Cost to Individuals and Families Loss of earnings: Layoffs are associated with substantial loss of earnings both over the short and long run. That is, even when workers are re-employed shortly after displacement, they suffer a decline in wages compared to the pre-displacement job and compared to similar workers that were not displaced. The decline in earnings is on average observed for job losers in any period, but is most pronounced for job losers during a recession (see Farber, 2005). Studies for the United States show that these earnings losses persist even in the long run: 15–20 years after a job loss in a recession, the earnings loss amounts on average to 20 (see e.g. Jacobson et al., 1993; von Wachter et al., 2009). An illustration of an average earnings path before and after job separation during the recession in the 1980s using U.S. administrative data is taken from von Wachter et al. (2009) and reproduced in Figure 4. These sustained earnings losses stem from the decline in value of certain occupation- or industry-specific skills that become obsolete, from the time-intensive process of finding an appropriate job, in particular for a mature worker, but also from so called “cyclical downgrading”— when workers take up worse jobs than they otherwise would have had in the absence of a recession. There is also evidence that the adverse effects on lifetime earnings are most pronounced for unemployment spells experienced at youth, especially upon college graduation, making the rising youth unemployment rate a particularly serious concern (see Oreopoulos et al., 2008; Kondo, 2008; Kahn, 2010). Using similar data and empirical methodology as the U.S. studies above, Schmieder et al. (2009) also find that workers who lost their stable jobs in 1982 in Germany suffered earnings losses of 10–15 that lasted at least 15 years. Thus even in countries with more generous welfare systems and lower earnings inequalities, workers are not shielded from long lasting and large income losses caused by job displacement. Impact on health: The hardship of job loss also has serious negative impacts on health. In the short run, layoffs are associated with higher risk of heart attacks and other stress-related illnesses (Burgard et al., 2007). But even in the long term, the mortality rate of workers that have been laid off is on average higher than that of comparable workers that did not lose their jobs, controlling for other relevant individual and aggregate characteristics. Based on social security data for the United States, Sullivan and von Wachter (2009) estimate that increased mortality rate due to unemployment can persist up to 20 years after the job loss and lead to an average loss of life expectancy from 1 to 1.5 years (see Figure 5). Moreover, displaced workers’ loss in earnings is associated with the increase in mortality odds: workers that are displaced but are lucky enough not to suffer a loss in subsequent earnings are not found to have a higher rate of mortality (Figure 6). This suggests that financial resources serve as an important determinant of individual health by influencing the ability to invest in good health care (and access to health insurance) and a healthy lifestyle, while a shortage of resources leads to poor lifestyle choices and can also be the reason for stress and depression.
10/28/16
Sept-Oct-Increase CP
Tournament: Loyola | Round: 1 | Opponent: Peninsula KJ | Judge: Joseph Barquin Increase CP Text Text: Countries will increase their production of nuclear power. Competition Mutual exclusivity: you can’t ban nuclear power while increasing it’s production. Solvency Advocate
Increasing nuclear power is economically, environmentally, and socially beneficial, Baddoo, N. R. "Stainless steel in construction: a review of research, applications, challenges and opportunities." Journal of Constructional Steel Research 64.11 (2008): 1199-1206. MC
A number of factors currently weigh in favour of increased nuclear power generation. Firstly, the higher world market price for fossil fuels, largely driven by sustained demand, has put nuclear power on the agenda of many countries. Nuclear power plants have a ‘front-loaded’ cost structure, i.e. they are relatively expensive to build but relatively inexpensive to operate. The low share of uranium costs in total generating costs protects plant operators against resource price volatility. Secondly, strengthening a country’s energy supply security is best achieved by increasing the number and resiliency of energy supply options; for many developing countries, expanding nuclear power would increase the diversity of energy and electricity supplies. Thirdly, environmental considerations weigh increasingly in favour of nuclear power. Nuclear power at the point of electricity generation does not produce any emissions that damage local air quality, cause regional acidification or contribute to climate change. And finally, there are positive statements and newly-expressed interest from governments around the world. ¶ Worldwide, at the beginning of 2007, there were 435 nuclear power reactors in operation, totalling 367 GWe (gigawatt electrical) of generating capacity. In 2005, nuclear power supplied about 16 of the world’s electricity. In 2006, updated projections of nuclear power expansion to 2030 were published by the IAEA 20, and by the IEA in its World Energy Outlook 2006 21 and a further study extended these predictions to 2050 22. Fig. 5 show these projections, which consider a range of scenarios covering a number of drivers such as introduction of measures to reduce CO2 emissions and improve energy security.
Global Warming Net Benefit Nuclear power plants, even with their energy it takes for their construction, have extreme low greenhouse emissions compared to natural gas and coal. World Nuclear Association. "Comparison of lifecycle greenhouse gas emissions of various electricity generation sources." WNA Report, London (2011). MC
Nuclear power plants achieve a high degree of safety through the defence-in-depth approach where, among other things, the plant is designed with multiple physical barriers. These additional physical barriers are generally not built within other electrical generating systems, and as such, the greenhouse gas emissions attributed to construction of a nuclear power plant are higher than emissions resulting from construction of other generation methods. These additional emissions are accounted for in each of the studies included in Figure 2. Even when emissions from the additional safety barriers are included, the lifecycle emissions of nuclear energy are considerably lower than fossil fuel based generation methods. Averaging the results of the studies places nuclear energy’s 30 tonnes CO2e/GWh emission intensity at 7 of the emission intensity of natural gas, and only 3 of the emission intensity of coal fired power plants. In addition, the lifecycle GHG emission intensity of nuclear power generation is consistent with renewable energy sources including biomass, hydroelectric and wind.
Nuclear power plants emit little gas emissions compared to coal. World Nuclear Association. "Comparison of lifecycle greenhouse gas emissions of various electricity generation sources." WNA Report, London (2011). MC
Based on the studies reviewed, the following observations can be made: • Greenhouse gas emissions of nuclear power plants are among the lowest of any electricity generation method and on a lifecycle basis are comparable to wind, hydro-electricity and biomass. • Lifecycle emissions of natural gas generation are 15 times greater then nuclear. • Lifecycle emissions of coal generation are 30 times greater then nuclear. • There is strong agreement in the published studies on life cycle GHG intensities for each generation method. However, the data demonstrates the sensitivity of lifecycle analysis to assumptions for each electricity generation source. • The range of results is influenced by the primary assumptions made in the lifecycle analysis. For instance, assuming either gaseous diffusion or gas centrifuge enrichment has a bearing on the life cycle results for nuclear. Energy Security NB
Nuclear energy can ensure states are security in their energy supply with relatively little resources. Yusuf, Moeed. Does Nuclear Energy Have a Future?. Boston University. Frederick S. Pardee Center for the Study of the Longer-Range Future, 2008. MC
Nuclear energy compares favorably to fossil fuels in terms of enhancing energy security for states with full fuel-cycle facilities. Compared to fossil fuels, the input of the nuclear fuel cycle, uranium, is relatively democratically distributed and is in abundance. As many as 43 countries possess sizable uranium reserves. 125 Estimates suggest that proven reserves extractable through currently available techniques will last 80 years.126 Next, nuclear energy benefits from a much higher energy density—this is a measure of the amount of fuel input required to produce a given amount of energy—than fossil-based alternatives.127 For instance, the per annum concentrated uranium requirement for a 1,000 MWe nuclear power plant is 25 tons as compared to 2,300,000 tons of coal for a coal-based plant.128 Therefore, uranium stocks lasting over long periods can be imported in one consignment. Currently, countries regularly using nuclear energy can store two to three years worth of uranium but the period can be extended should uranium supply concerns arise.129 Finally, while coal and natural gas constitute 45 and 70 percent of production costs for these two fossil fuels, respectively, uranium constitutes only 15 to 20 percent of the same at nuclear plants.130 According to Lauvergeon, even a 50 percent increase in uranium prices would result in a four percent tariff increase for nuclear energy as compared to 38 percent for coal or gas.131
10/4/16
Sept-Oct-Intersectionality K
Tournament: Greenhill | Round: 5 | Opponent: Westwood AG | Judge: Greg Malis K Link White feminists do not understand that their issues vary and impact them differently than Chicana or Black women. Castillo.et.al 2004 Castillo, Anna , Heldke, Lisa M, and Peg O'Connor. Oppression, Privilege, and Resistance: Theoretical Perspectives on Racism, Sexism, and Heterosexism. Boston: McGraw-Hill, 2004. Print. MC Analysis of the social status of la Chicana was already underway by early feministas, who maintained that racism, sexism, and sexist racism were the mechanisms that socially and economically oppressed them. But, for reasons explained here, they were virtually censored. The early history of la feminist was documented in a paper entitled, “ La Feminista,” by Anna Nieto Gomez and published in Encuentro Feinil: The First Chicana Feminist Journal, which may now be consider both article and journal, archival material. ¶ The early feminsta who actively participated in the woman’s movement had to educate white feminist groups on their political, cultural, and philosophical differences. Issues that specifically concerned the feminist of that period were directly related to her status as a non-Anglo, culturally different, often Spanish-speaking woman of lower income. Early white feminism compared sexism (as experienced by white middle-class women) to the racism as those of the Rio Combahee Collective, pointed out that this was not only an inaccurate comparison but revealed an inherent racist attitude on the part of white feminists who did not understand what it was to be a woman and black in America. ¶ By the same token, brown women were forced into a position in which we had to point out similar differences as well as continuously struggle against a prevalent condescension on the part of white middle-class women toward women of color, poor women, and women whose first language is Spanish and whose culture is not mainstream America. This Bridge Called My Back, first published in 1981, as well as other texts by feminists of color that followed serve as excellent testimonies regarding these issues and the experiences of feminists of color in the 1970s.
Identity politics ignores the differences of people who are marginalized and excludes those from the movement that are different. Crenshaw 1991 Crenshaw, Kimberle. "Mapping the margins: Intersectionality, identity politics, and violence against women of color." Stanford law review (1991): 1241-1299. MC The embrace of identity politics, however, has been in tension with dominant conceptions of social justice. Race, gender, and other identity categories are most often. The problem with identity politics is not that it fails to transcend difference, as some critics charge, but rather the opposite - that it frequently conflates or ignores intra group differences. In the context of violence against women, this elision of difference is problematic, fundamentally because the violence that many women experience is often shaped by other dimensions of their identities, such as race and class. Moreover, ignoring differences within groups frequently contributes to tension among groups, another problem of identity politics that politicize violence against women. Feminist efforts to politicize experiences of women, and antiracist efforts to politicize experiences of people of color' have frequently proceeded as though the issues and experiences they leach detail occur on mutually exclusive terrains. Although racism and sexism readily intersect in the lives of real people, they seldom do in feminist and antiracist practices. And so, when the. practices expound identity as 'woman' or 'person of color' as an either/or proposition, they regulate the identity of women of color to a location that re- treated in mainstream liberal discourse as vestiges of bias or domination - that is, as intrinsically negative frameworks in which social power works to exclude or marginalize those who are different.
Impact Lack of intersectionality prevents effective change by not allowing for a comprehensive understanding of an issue. Utt.et.al 2011 Uwujaren, Jarune, and Jamie Utt. “Why Our Feminism Must Be Intersectional (And 3 Ways to Practice It).” Everyday Feminism. Why Our Feminism Must Be Intersectional (And 3 Ways to Practice It), 11 Jan. 2011. Web. 06 Sept. 2016. AG
One misconception about intersectionality is that it encourages division and exclusion in the feminist movement. By including race, class, sexuality, and other identity markers in feminist analysis, some say, intersectional feminists are spreading the movement thin and undermining its unity. The trouble with this line of thinking is that a one-size-fits-all feminist movement that focuses only on the common ground between women is erasing rather than inclusive. Even if all women deal with sexism, not all women deal with racialized sexism, or transmisogyny, or cissexism. Glossing over the issues faced by specific groups of women for the sake of unity centers the feminist movement on those who have the most privilege and visibility. It allows those who already take up a disproportionate amount of space in the movement to look as if they’re making room for others without giving up any themselves. One-size-fits-all feminism is to intersectional feminism what #AllLivesMatter is to #BlackLivesMatter. The former’s attempt at inclusiveness can actually erase the latuse of birtter’s acknowledgment of a unique issue that disproportionately affects a specific group of people. Without intersectionality women of color cannot link their experiences to others in the feminist movement. Crenshaw 1991 Crenshaw, Kimberle. "Mapping the margins: Intersectionality, identity politics, and violence against women of color." Stanford law review (1991): 1241-1299. MC This article has presented intersectionality as a way of framing the various interactions of race and gender in the context of violence against women of color. I have used intersectionality as a way to articulate the interaction of racism and patriarchy generally. I have also used intersectionality to de- scribe the location of women of color both within overlapping systems of subordination and at the margins of feminism and anti-racism. The effort to politicize violence against women will do little to ad- dress the experiences of nonwhite women until the ramifications of racial stratification among women are acknowledged. At the same time, the antiracist agenda will not be furthered by suppressing the reality of intraracial violence against women of color. The effect of both these marginalizations is that women of color have no ready means to link their experiences with those of other women. This sense of isolation compounds efforts to politicize gender violence within communities of color, and permits the deadly silence surrounding these issues to continue.
Alt
An intersectional approach is a useful tool in mediating between identities in group politics and serves as a necessary critique to social construction. Crenshaw 1991 Crenshaw, Kimberle. "Mapping the margins: Intersectionality, identity politics, and violence against women of color." Stanford law review (1991): 1241-1299. MC
This article has presented intersectionality as a way of framing the vari-ous interactions of race and gender in the context of violence against women of color. Yet intersectionality might be more broadly useful as a way of mediating the tension between assertions of multiple identity and the ongo-ing necessity of group politics. It is helpful in this regard to distinguish in-tersectionality from the closely related perspective of antiessentialism, from which women of color have critically engaged white feminism for the ab-sence of women of color on the one hand, and for speaking for women of color on the other. One rendition of this antiessentialist critique-that femi-nism essentializes the category woman-owes a great deal to the postmodernist idea that categories we consider natural or merely representa-tional are actually socially constructed in a linguistic economy of differ-ence.179 While the descriptive project of postmodernism of questioning the ways in which meaning is socially constructed is generally sound, this cri-tique sometimes misreads the meaning of social construction and distorts its political relevance. ¶ One version of antiessentialism, embodying what might be called the vul-garized social construction thesis, is that since all categories are socially con-structed, there is no such thing as, say, Blacks or women, and thus it makes no sense to continue reproducing those categories by organizing around them.180 Even the Supreme Court has gotten into this act. In Metro Broad-casting, Inc. v. FCC, 81 the Court conservatives, in rhetoric that oozes vulgar constructionist smugness, proclaimed that any set-aside designed to increase the voices of minorities on the air waves was itself based on a racist assump-tion that skin color is in some way connected to the likely content of one's broadcast. 18
10/4/16
Sept-Oct-Nuclear Navy CP
Tournament: Loyola | Round: 5 | Opponent: San Marino BK | Judge: Olivia Panchal NC - Shell A – Text: The Co should substantially expand the Navy’s fleet of nuclear-powered ships and mandate that all future navy combatant vessels must be nuclear-powered. Spencer and Roe 07: Spencer, Jack Research Fellow, Thomas A. Roe Institute for Economic Policy Studies and Baker Spring F.M. Kirby Research Fellow in National Security Policy, Davis Institute for International Studies, Heritage Foundation. “The Advantages of Expanding the Nuclear Navy.” The Heritage Foundation, WebMemo No. 1693, Nov. 5, 2007. MO. Brackets in original. With the defense authorization bill, Congress is on the threshold of making a generational decision on the future of the Navy. Nuclearpowered ships have a proven record of safety, costeffectiveness, and strategic value. With the industrial capacity already in place, Congress must seriously consider the unique benefits of providing and maintaining a larger nuclear navy. Expansion should take the form of detailed planning for production and RandD. Eaglen and McGrath 11: Eaglen, Mackenzie Research Fellow, Davis Institute for International Studies, Heritage Foundation and Bryan McGrath Retired Naval Officer (commanded the destroyer USS Bulkeley), Director of Delex Consulting, Studies, and Analysis. “Thinking About a Day Without Sea Power: Implications for U.S. Defense Policy.” The Heritage Foundation, No. 2555, May 16, 2011. MO. Brackets in original After numerous studies and a halfdozen shipbuilding plans, Navy leaders have correctly concluded that the United States needs a larger fleet—not simply in numbers of ships and aircraft, but also in terms of increased network capability, longer range, and increased persistence. Navy leaders recognize that the U.S. is quickly losing its monopolies on guided weapons and the ability to project power. Precision munitions (guided rockets, artillery, mortars, and missiles) and battle networks are proliferating, while advances in radar and electro-optical technology are increasingly rendering stealth less effective. ¶Policymakers should help the Navy to take a step back and look at the big picture to inform future investment portfolios. Congress should demand and uniformed leaders should welcome the opportunity to develop long-range technology road maps, including a science and technology plan and a research and development plan for the U.S. Navy. These plans should broadly outline future investments, capabilities, and requirements. The possibilities include: •A next-generation surface combatant, •A sixth-generation fighter, and •Low-observable capabilities beyond stealth. These plans should also identify and prioritize the need for additional investment in critical capabilities, including: •More capable anti-ship, land attack, and air-toair missiles; •Satellite recapitalization; •Directed energy and electromagnetic weapons; •Underwater weapons, including an unmanned underwater vehicle; •Nanotechnology and solid-state and fiber lasers; •Biotechnologies; and •Advanced cyber technologies.¶ In light of the need for a comprehensive, longrange technology road map for the Navy, Congress should consider adding to its quadrennial requirement for a 30-year shipbuilding plan by directing the Navy to submit a long-range technology road map on a quadrennial basis, two years out of phase with the shipbuilding plan.
B – Competition: Mutual exclusivity: the aff prohibits nuclear energy, so nuclear ships can’t be built in the aff world.
C – Solvency
D – Net benefits: Uniqueness: Our navy is on the brink – we can keep peace now, but we need to maintain or increase our current forces to prevent the collapse of US naval power. Eaglen and McGrath 2: Eaglen, Mackenzie Research Fellow, Davis Institute for International Studies, Heritage Foundation and Bryan McGrath Retired Naval Officer (commanded the destroyer USS Bulkeley), Director of Delex Consulting, Studies, and Analysis. “Thinking About a Day Without Sea Power: Implications for U.S. Defense Policy.” The Heritage Foundation, No. 2555, May 16, 2011. MO. Brackets in original Today’s Navy is experiencing extreme levels of stress.6 While the fleet has shrunk by about 15 percent since 1998,7 the number of ships deployed overseas has remained constant at about 100. Each ship goes to sea longer and more often, resulting in problems such as the well-publicized shortfalls in surface ship condition.8 With no surge capacity left in the fleet, each new casualty ripples through the schedules of dozens of ships. With the end of supplemental funding, Navy maintenance funding will be cut by almost 20 percent this year. In this context, a relatively small additional reduction in maintenance funding could render a Navy with 250–280 ships capable of keeping only 50 to 60 ships at sea.¶ Even if the Navy can sustain today’s number of ships or even grow slightly over the next decade as predicted by current Navy shipbuilding plans, the fleet will increasingly be composed of smaller and less capable littoral combat ships and logistics ships, such as Joint High Speed Vessels. This trend toward a fleet for engagement and maritime security could be enabled by the country’s increasingly modest vision of itself and the erosion of its sense of destiny and centrality. With ship design times of 20 years or longer and service lives of up to 50 years, the fleet could degrade to a point at which the country will be economically and strategically unable to reverse course. The nation and the most versatile element of its military power would then continue to decline to second-rate status.¶ An absolute decline in American sea power would probably span decades, but the examples of the Soviet Union and previous naval powers unable to deploy and maintain a robust fleet demonstrate how rapidly a navy can become hollow and unable to influence events abroad. As the U.S. fleet evolves toward a less capable mix and the costs of maintaining aging submarines, destroyers, and carriers mount, the U.S. Navy could easily find itself with an effectively smaller fleet in the future. Newer, smaller ships would ply waters abroad, while the combat power that helped to win two world wars and deter the Soviet Union would remain at home in a reduced operating status for financial reasons. This would leave the Navy and the nation ill-prepared for a future economic and security crisis. Pax Americana is real – the American Navy is essential for global peace and trade. Eaglen and McGrath 3: Eaglen, Mackenzie Research Fellow, Davis Institute for International Studies, Heritage Foundation and Bryan McGrath Retired Naval Officer (commanded the destroyer USS Bulkeley), Director of Delex Consulting, Studies, and Analysis. “Thinking About a Day Without Sea Power: Implications for U.S. Defense Policy.” The Heritage Foundation, No. 2555, May 16, 2011. MO. Brackets in original Modern American sea power—represented for the purposes of this paper by the U.S. Navy and its expeditionary land force, the U.S. Marine Corps— is the most flexible, adaptable, useful, and powerful naval force the world has ever known. The ascendance of American sea power since the fall of the Soviet Union has been so benign and complete that many nations have forgone traditional investments in their own naval forces,1 confident in the peace and stability provided by the United States or convinced of the futility of trying to challenge so powerful a force head-on: ¶ The strong tendency toward counterhegemonic balancing in the European system during the last five centuries has not been replicated in the global maritime system. High concentrations of naval power (and in the economic correlates of naval power) tend to generate alliances with the leading power rather than against it. The decision of many of the strongest powers in the contemporary system to ally with the United States rather than against it in the Cold War and post– Cold War periods is fully consistent with behavior in the global system for the last five centuries.2 ¶The overwhelming majority of world commerce moves virtually unmolested across the great expanse of the maritime commons. This is as near a “given” on the international scene as can be conjured. So engrained is this sense of security in the free flow of goods across the world’s oceans that the activities of a relatively insignificant group of brigands off the East African coast have caught the world’s attention, forcing many to consider for the first time the impact of sea power on their lives. ¶American sea power is taken for granted. Policymakers in the United States, friendly and allied governments, executive officers of international conglomerates, and would-be competitors are all affected by the daily operations of the world’s most pervasive and successful naval power, but few ever consider what the world would be like without it. Exploring this question is the central aim of this paper. Naval superiority has always been essential for maintaining global peace and prosperity throughout all of history. The US fills this role today. Eaglen and McGrath 4: Eaglen, Mackenzie Research Fellow, Davis Institute for International Studies, Heritage Foundation and Bryan McGrath Retired Naval Officer (commanded the destroyer USS Bulkeley), Director of Delex Consulting, Studies, and Analysis. “Thinking About a Day Without Sea Power: Implications for U.S. Defense Policy.” The Heritage Foundation, No. 2555, May 16, 2011. MO. Brackets in original How the United States might replace its preponderant sea power—if that day ever comes—seems less straightforward. Indeed, the question seems almost ludicrous. The United States is a maritime nation, bordered by two oceans and for much of its history protected by them. Over the past 60 years, the oceans have been highways for worldwide trade that has helped to lift more than a billion people out of poverty,3 and those sea lanes have been patrolled by the U.S. Navy, the world’s preeminent naval power. ¶The U.S. Navy’s global presence has added immeasurably to U.S. economic vitality and to the economies of America’s friends and allies, not to mention those of its enemies. World wars, which destroyed Europe and much of East Asia, have become almost incomprehensible thanks to the “nuclear taboo” and preponderant American sea power. If these conditions are removed, all bets are off. ¶For more than five centuries, the global system of trade and economic development has grown and prospered in the presence of some dominant naval power. Portugal, Spain, the Netherlands, the United Kingdom, and now the U.S. have each taken a turn as the major provider of naval power to maintain the global system. Each benefited handsomely from the investment: ¶These navies, in times of peace, secured the global commons and ensured freedom of movement of goods and people across the globe. They supported global trading systems from the age of mercantilism to the industrial revolution and into the modern era of capitalism. They were a gold standard for international exchange. These forces supported national governments that had specific global agendas for liberal trade, the rule of law at sea, and the protection of maritime commerce from illicit activities such as piracy and smuggling.4¶ A preponderant naval power occupies a unique position in the global order, a special seat at the table, which when unoccupied creates conditions for instability. Both world wars, several Europeanwide conflicts, and innumerable regional fights have been fueled by naval arms races, inflamed by the combination of passionate rising powers and feckless declining powers.
Safety US Navy nuclear propulsion has a perfect safety record. US Dep’t of Energy and US Navy. “The United States Naval Nuclear Propulsion Program,” March 2013. PDF. MO. Naval Reactors maintains an outstanding record of over 151 million miles safely steamed on nuclear power. The Program currently operates 97 reactors and has accumulated over 6,500 reactor-years of operation. A leader in environmental protection, the Program has published annual environmental reports since the 1960s, showing that the Program has not had an adverse effect on human health or on the quality of the environment. Because of the Program's demonstrated reliability, U.S. nuclear-powered warships are welcomed in more than 150 ports of call in over 50 foreign countries and dependencies.
Seriously – not a single accident. Spencer, Jack Research Fellow, Thomas A. Roe Institute for Economic Policy Studies and Baker Spring F.M. Kirby Research Fellow in National Security Policy, Davis Institute for International Studies, Heritage Foundation. “The Advantages of Expanding the Nuclear Navy.” The Heritage Foundation, WebMemo No. 1693, Nov. 5, 2007. MO. Brackets in original. Nuclear power is safe. The Navy operates 103 reactor plants in 81 nuclear-powered ships, the NR-1 submarine, and four training and test reactors. Over more than half a century, the Navy has operated for over 5,800 reactor years and steamed over 136 million miles without accident or radioactive release. Link Nuclear power will be replaced by coal construction and natural gas. Biello 2013, David. “How Nuclear Power Can Stop Global Warming,” December 12, 2013.http://www.scientificamerican.com/article/how-nuclear-power-can-stop-global-warming/. SD As long as countries like China or the U.S. employ big grids to deliver electricity, there will be a need for generation from nuclear, coal or gas, the kinds of electricity generation that can be available at all times. A rush to phase out nuclear power privileges natural gas—as is planned under Germany's innovative effort, dubbed the Energiewende (energy transition), to increase solar, wind and other renewable power while also eliminating the country's 17 reactors. In fact, Germany hopes to develop technology to store excess electricity from renewable resources as gas to be burned later, a scheme known as “power to gas,” according to economist and former German politician Rainer Baake, now director of an energy transition think tank Agora Energiewende. Even worse, a nuclear stall can lead to the construction of more coal-fired power plants, as happened in the U.S. after the end of the nuclear power plant construction era in the 1980s.∂
After a ban on nuclear power, coal consumption would rise dramatically. Nakata 2002 Toshihiko Nakata Professor at Tohoku University, “Analysis of the impacts of nuclear phase-out on energy systems in Japan” April 2002 Fig. 3 illustrates the changes in the electric power generation under the nuclear phase-out case. The total energy consumption and the carbon dioxide emissions for four scenarios in the year 2041 are shown in Table 4. We can see three ways in which the system has adjusted to make up the nuclear boiler after its phasing out: ∂ The use of coal boiler and coal IGCC rise and the total coal consumption rises by four times. The use of gas combined-cycles and gas boiler rise gradually, and the total gas consumption ∂ grows by three times. The renewables are not seen in the electricity market.
Germany proves that ending the production of nuclear power results in the increased use of coal. Lindsay Abrams (Staff Writer at Salon on sustainable energy), "Germany’s clean energy plan backfired", Salon, 07/30/2013, www.salon.com/2013/07/30/germanys_clean_energy_plan_backfired/ When a nuclear power plant closes, a coal plant opens. At least, that’s the way things are shaping up in Germany, where the move away from nuclear energy appears to have backfired. For the second consecutive year, according to Bloomberg, the nation’s greenhouse gas emissions are set to increase. German Chancellor Angela Merkel made headlines back in 2011 when, in the wake of the reactor meltdown in Tokyo, she announced the impending closure of Germany’s 17 nuclear reactors. Up until then, nuclear-generated energy contributed to a full quarter of the nation’s electricity. At the time, the closings were framed as a positive effort to increase the country’s use of clean energy. As an expert then predicted to the New York Times: “If the government goes ahead with what it said it would do, then Germany will be a kind of laboratory for efforts worldwide to end nuclear power in an advanced economy.” But predictably, when nuclear plants began to shut down, as eight immediately did, something else had to take its place. And coal, which according to Bloomberg is favored by the market, did just that. In the absence of a strong government plan to push natural gas and renewable forms of energy, the share of electricity generated from coal rose from 43 percent in 2010 to 52 percent in the first half of this year, according to the World Nuclear Association.
Impact
The use of coal leads to detrimental health issues and is largely responsible for global warming. Keating 2001. Martha Keating (Policy Advisor at U.S. Environmental Protection Agency), “Cradle to Grave: the Environmental Impacts from Coal”, Clean Air Task Force, June, 2001 SD The electric power industry is the largest toxic polluter in the country, and coal, which is used to generate over half of the electricity produced in the U.S., is the dirtiest of all fuels.1 From mining to coal cleaning, from transportation to electricity generation to disposal, coal releases numerous toxic pollut- ants into our air, our waters and onto our lands.2 Nation- ally, the cumulative impact of all of these effects is magnified by the enormous quantities of coal burned each year – nearly 900 million tons. Promoting more coal use without also providing additional environmental safe- guards will only increase this toxic abuse of our health and ecosystems. ∂ The trace elements contained in coal (and others formed during combustion) are a large group of diverse pollutants with a number of health and environmental effects.3 They are a public health concern because at sufficient exposure levels they adversely affect human health. Some are known to cause cancer, others impair reproduc- tion and the normal development of children, and still others damage the nervous and immune systems. Many are also respira- tory irritants that can worsen respiratory conditions such as asthma. They are an environmen- tal concern because they damage ecosystems. Power plants also emit large quantities of carbon dioxide (CO2), the “greenhouse gas” 2 largely responsible for climate change.