Tournament: Emory | Round: 1 | Opponent: Jeff | Judge: U know who Jeff is

Public colleges and universities ought not restrict constitutionally protected speech, except for anonymous, online social media websites. Colleges and universities ought to establish prevention and investigation measures to stop anonymous, online harassment.

Observation One – The Affirmative protects all forms of speech, including anonymous, online sites – semantic and practical reasons:

A. Semantic: "any" means that they must protect all speech.

Merriam Webster's Online Dictionary ~https://www.merriam-webster.com/dictionary/any~~    
Definition of any 1 : one or some indiscriminately of whatever kind: a :
AND
appreciably large or extended could not endure it any length of time

B. Practical: Normal means – Upholding free speech rights on campus will deter college officials from addressing online anonymous websites.

Dumont, 2016 - J.D. candidate at University of Maryland ~Susan Journal of Business and Technology Law 11 J. Bus. and Tech. L. 239 Campus Safety v. Freedom of Speech: An Evaluation of University Responses to Problematic Speech on Anonymous Social Media Lexis~
Most universities are currently ignoring the content on anonymous social media sites, including when
AND
environment that is characterized by competing ideas, openly discussed and debated." n105 

3. Normal means evidence is good for debate

a. It is necessary to fill in the gaps. Resolutions and plans are single sentences – this leaves the vast majority of details undefined. Only evidence can fill that blank

b. It links debate to the real world – it shows how the plan would Actually be implemented. This forces research and helps make our education portable.

c. It gives both sides access to defining the ground in the debate, rather than letting the aff define ground after hearing the neg strategy.

Observation Two – Competition

1. I solve the affirmative advantage by passing the resolution for every form of speech other than anonymous, online sites. The affirmative must link any solvency deficit to anonymous, online speech.

2. Any legitimate permutation severs out of the part of plan that protects anonymous, online speech. This is Functionally part of the plan. Severance does not test competition of the counterplan, makes the aff a moving target, and destroys stable advocacy skills.

3. Functional Competition is better than Textual Competition

a. It is necessary for time limits – actual legislation is hundreds of pages long – no AC could put everything that they defend into the text. Functional competition allows us to fill in the details with evidence about how a plan would be done.

b. It is educational because it encourages research into how a plan would be implemented, because we need evidence to fill in the details. Research is a key portable skill that will help in every other subject or job.

c. It is necessary to fairly avoid vagueness and a moving target. If the aff specifies something in the AC, then they get to defend it. If they don't, then it is fair game to debate about normal means. This gives both teams a reciprocal chance to define ground, and it prevents the aff from "clarifying" after the NC to avoid links. It is fairer to debate it out.

Observation Three – Net Benefits – Ignoring online anonymous speech threatens campus safety – it allows mass violence, harassment and suicide.

Dumont, 2016 - J.D. candidate at University of Maryland ~Susan Journal of Business and Technology Law 11 J. Bus. and Tech. L. 239 Campus Safety v. Freedom of Speech: An Evaluation of University Responses to Problematic Speech on Anonymous Social Media Lexis~
However, by ignoring these sites, universities may fail to fulfill their duty to
AND
may inadvertently impact students' ability to fully engage in the educational environment. n125

College officials must address online anonymous speech on campus through prevention and investigation. The affirmative makes both of those impossible, because those would be restrictions on speech.

Dumont, 2016 - J.D. candidate at University of Maryland ~Susan Journal of Business and Technology Law 11 J. Bus. and Tech. L. 239 Campus Safety v. Freedom of Speech: An Evaluation of University Responses to Problematic Speech on Anonymous Social Media Lexis~
In order to eliminate problematic speech, campuses should make a good faith effort to
AND
can better provide a safe learning environment, while also protecting student rights.

Observation Four: PICs are good

1. PICs are key to test the wording of the resolution – this is key to predictable negative ground, because the resolution is the only thing I have before the debate.

2. PICs give the affirmative automatic ground – by excluding a portion of the Affirmative, it gives the Aff an automatic solvency deficit.

3. Key to negative flexibility – PICs give the negative an option against new cases or small plans, which is key to offset Aff's infinite prep.

4. PICs are key to force the affirmative to defend the entirety of their plan – it forces them to improve plan writing and to establish strategic contentions.

5. Their Policy making framework legitimizes PICs. If I can prove that it is a superior policy option, then a logical policy maker would vote for it.

6. Theory is not a voting issue – they cannot prove either in round abuse or that the counterplan sets a precedent. They don't create a threshold for theory that justifies voting. PICs are reasonable – they are well known and have substantial backfiles. Err negative on theory because the affirmative gets an inherent side bias by speaking first and last and having infinite prep

Tournament: GBX | Round: 4 | Opponent: U kno who dis is | Judge: U kno

CP

Text – the United States Congress should pass legislation limiting qualified immunity for police officers by… ought to limit qualified immunity by adopting the Ninth Circuit's decision on Title II of the Americans with Disabilities Act's applicability to arrest situations in Sheehan v. City and County of San Francisco as a legal precedent for all circuits on the next available test case.

Contention One is Solvency

Remember – the Affirmative has No Defense of the Court as an Actor – they may have evidence saying that the Court Can solve, but there is no evidence or arguments for why Court action is Necessary. If we both solve the case Exactly the same, then any Risk of the net benefit means you vote negative.

Congress should limit qualified immunity – this will increase accountability

Newman, 2016 - senior judge on the U.S. Court of Appeals for the 2nd Circuit ~Jon O. The Washington Post June 24, 2016 "A better way to punish police How to punish police: Sue them for negligence" https://www.washingtonpost.com/opinions/heres-a-better-way-to-punish-the-police-sue-them-for-money/2016/06/23/c0608ad4-3959-11e6-9ccd-d6005beac8b3_story.html?utm_term=.c67051e854f7~~
Suing the officer for money damages in a federal civil rights suit is the only
AND
a strengthened Section 1983 remedy available for the next episode of police misconduct. 

Congressional change is better than the court – it improves public acceptance which is key to shifting culture – the Court sparks a public backlash

Stoddard, 1997, Lambda's former executive director  ~~Thomas, November, New York University Law Review "Bleeding heart: Reflections on using the law to make social change", http://law.ubalt.edu/downlo ads/law_ downloads/Stoddard.pdf~
C. The Legitimacy (Validity) of Change    Awareness of change is never enough
AND
Act that help to illuminate the different contexts of the two related  developments. 

Litigation lures activists to the court, but kills political efforts, drains resources, and crushes the movement.

Rosenberg, 2008 - prof. of Political Science at the University of Chicago (Gerald "The Hollow Hope: Can the Courts Generate Social Change," epstein.law.northwestern.edu/research/supctLawRosenberg.doc)
In general, then, not only does litigation steer activists to an institution that
AND
structurally constrained from serving their needs, providing only an illusion of change.

Contention Two is the Net Benefit – Judicial Independence

Judicial activism creates a snowball effect, future abuses of the court power destroy democracy

Mckeever, 1997 - Institution of Advanced Legal Studies ~"The United States supreme court: A political and legal analysis." Pg. ~
At the opposite end of the spectrum form the minimal court lies the unlimited court
AND
the Congress and President on at least some important matters of public policy.

Activism destroys judicial independence by undermining the separation of powers

Jipping 2001 - Director, Center for Law and Democracy (Thomas Jipping,; Senior Fellow in Legal Studies, Concerned Women for America; M.A., SUNY-Buffalo, 2001, "Legislating from the Bench," 43 S. Tex. L. Rev. 141, l/n)
In judicial restraint, with a more modest and normative view of judicial power,
AND
sine qua non of the judicial role in our system of government." n35

Judicial independence is key to global human rights

Alam, 2007, ~The New Nation, Prof. Syed Ahsanul http://nation.ittefaq.com/artman/publish/article_33979.shtml

Another criterion of good governance is independent judiciary, important for preserving the rule of
AND
considered globally for the eligibility when determining whether a country practices good governance.

Global human rights are key to avoid Extinction

Human Rights Web, 1994 (An Introduction to the Human Rights Movement Created on July 20, 1994 / Last edited on January 25, 1997, http://www.hrweb.org/intro.html)
The United Nations Charter, Universal Declaration of Human Rights, and UN Human Rights
AND
of the individuals and countries involved, but to preserve the human race.

Contention Three – Agent Counterplans are Legitimate

1. The Affirmative defended the Court in CX. They chose to defend the Court to gain the benefit of avoiding Theory arguments and accessing empirical solvency. There is a cost to this choice – once they have specified an agent, they have to defend it – that is why agent counterplans are legitimate. Cross Ex is Binding:

a. It's a speech – A Constructive even. An argument or admission there counts as much as in an AC, otherwise CX is a pointless exercise

b. Predictable ground – if they won't defend what they said they would defend, then I can Never predict what ground they Will defend.

c. Cross Ex functions to clarify arguments – it is slower and it is directed by the questioner

DA

A. Uniqueness – The Supreme Court has legitimacy – that's key to enforcement of its decisions

Hillygus'12 ~Sunshine, professor of political science at Duke University, Perceptions of Supreme Court Legitimacy, You Gov, 7/15/2012 https://today.yougov.com/news/2012/07/15/perceptions-supreme-court-legitimacy/ LM~
In the two weeks since the Supreme Court upheld Obama's Affordable Care Act (ACA
AND
is conditional on perceptions of the ideological direction of the Court's decision making. 

B. Link

Overturning decisions looks like judicial activism – this hurts legitimacy
Bigel '93 Alan Bigel, PhD in political science on the effect of court case decisions on public support of and legitimacy of the court, "PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA v. CASEY: CONSTITUTIONAL PRINCIPLES AND POLITICAL TURBULENCE," 1993, 18 Dayton L. Rev. 733
In an effort to quell potential criticism of the Court's failure to overrule Roe,
AND
the most compelling reason to reexamine a watershed decision . . . ." n146

The Affirmative would destroy legitimacy – it would be unpopular and over turn precedent

Bernstein 2008 ~Janessa L. Bernstein, J.D. Candidate, Brooklyn Law School, 2008; B.A., Vanderbilt University, 2003, "The Underground Railroad to Reproductive Freedom: RESTRICTIVE ABORTION LAWS AND THE RESULTING BACKLASH" 73 Brooklyn Law Review 1463, Summer 2008, Lexis~
Abortion remains a politically divisive issue within the United States and the world, with
AND
refusal laws that allow doctors and hospitals to decline to perform abortions. n41

C. Impact – Legitimacy key to Democracy which protects minority groups

Peretti 1999 (Terri J., In Defense of a Political Court, Princeton University Press)
Should the Court lose its legitimacy and, consequently, its power, we in
AND
role, if we are to believe Philip Kurland, are horrible indeed.

Democracy solves war

Diamond 95, (Larry Diamond, Promoting Democracy in the 1990s: Actors and Instruments, Issues and Imperatives, Carnegie Commission, December 1995, http://carnegie.org/fileadmin/Media/Publications/PDF/Promoting20Democracy20in20the201990s20Actors20and20Instruments,20Issues20and20Imperatives.pdf)
Other Threats. This hardly exhausts the lists of threats to our security and well
AND
which a new world order of international security and prosperity can be built.

Tournament: GBX | Round: 1 | Opponent: asd | Judge: asd
A Interp – Debaters who have attended at least 1 bid tournament must disclose all broken positions read in previous rounds under their name and school with the correct side citing tags and the first 3 words and last 3 words of each card
B Violation – you did not disclose
C - Clash, fairness, norm setting, deep learning
d - drop the debater

Tournament: Cal | Round: 3 | Opponent: idk | Judge: idk

CP

Text: Public colleges and universities ought not restrict constitutionally protected speech, except for Fraternities. Colleges and universities ought to establish prevention and investigation measures to stop violence from Frats.

Observation One – The Affirmative protects all forms of speech, including Fraternities sites – semantic and practical reasons:

A. Semantic: "any" means that they must protect all speech.

Merriam Webster's Online Dictionary ~https://www.merriam-webster.com/dictionary/any~~    
Definition of any 1 : one or some indiscriminately of whatever kind: a :
AND
appreciably large or extended could not endure it any length of time

B. Practical: Normal means – Upholding free speech rights on campus will allow frats to do what they want

Lukianoff - 2011 ~Greg Lukianoff, President and CEO of Fire, "To Survive, Fraternities Need to Stand for Something, Anything," August 1^st, 2015, http://www.huffingtonpost.com/greg-lukianoff/fraternities-and-free-spe_b_912673.html~~====

A lot of fraternities seem to know that their freedom of association is protected by the First Amendment. (While the freedom to join and form groups is not technically listed in the text of the First Amendment, it is understood to arise from the protections of freedom of speech and the right to assembly.) What fraternities often do not know, however, is that there are several different kinds of freedom of association protected by the First Amendment, and they are not all made equal. The strongest kind of freedom of association protected by the First Amendment is the right to "intimate" association, best represented by the family. Our government recognizes that the bonds of family are particularly important and that it should do its best to avoid actions that interfere with this bond. The second strongest kind of freedom of association is called "expressive" association. Sensibly, courts understand that the right to freedom of expression would not mean a great deal if we are forbidden from joining together with like-minded individuals to amplify the power of our voices and take collective action. This understanding forms the basis of our right to form groups around commonly held beliefs whether they are religious, secular, or ideological. Everything from Mothers Against Drunk Driving to NORML is a kind of expressive association. (This includes my nonprofit, the Foundation for Individual Rights in Education, as well.)

3. Normal means evidence is good for debate

a. It is necessary to fill in the gaps. Resolutions and plans are single sentences – this leaves the vast majority of details undefined. Only evidence can fill that blank

b. It links debate to the real world – it shows how the plan would Actually be implemented. This forces research and helps make our education portable.

c. It gives both sides access to defining the ground in the debate, rather than letting the aff define ground after hearing the neg strategy.

Observation Two – Competition

1. I solve the affirmative advantage by passing the resolution for every form of speech other than In Fraternities. The affirmative must link any solvency deficit to Fraternities.

2. Any legitimate permutation severs out of the part of plan that protects Fraternity speech. This is Functionally part of the plan. Severance does not test competition of the counterplan, makes the aff a moving target, and destroys stable advocacy skills.

3. Functional Competition is better than Textual Competition

a. It is necessary for time limits – actual legislation is hundreds of pages long – no AC could put everything that they defend into the text. Functional competition allows us to fill in the details with evidence about how a plan would be done.

b. It is educational because it encourages research into how a plan would be implemented, because we need evidence to fill in the details. Research is a key portable skill that will help in every other subject or job.

c. It is necessary to fairly avoid vagueness and a moving target. If the aff specifies something in the AC, then they get to defend it. If they don't, then it is fair game to debate about normal means. This gives both teams a reciprocal chance to define ground, and it prevents the aff from "clarifying" after the NC to avoid links. It is fairer to debate it out.

Observation Three – Net Benefits –

A Free Speech ban would solve all Frat Violence
Ryan 2014 – ~Julia Ryan, March 3^rd 2014, Former Producer for TheAtlantic, How Colleges Could Get Rid of Fraternities, https://www.theatlantic.com/education/archive/2014/03/how-colleges-could-get-rid-of-fraternities/284176/~~
Perhaps the most obvious way to end fraternities is for universities to simply remove Greek
AND
or serious injury" of a healthy young person at a fraternity function.

Observation Four: PICs are good

1. PICs are key to test the wording of the resolution – this is key to predictable negative ground, because the resolution is the only thing I have before the debate.

2. PICs give the affirmative automatic ground – by excluding a portion of the Affirmative, it gives the Aff an automatic solvency deficit.

3. Key to negative flexibility – PICs give the negative an option against new cases or small plans, which is key to offset Aff's infinite prep.

4. PICs are key to force the affirmative to defend the entirety of their plan – it forces them to improve plan writing and to establish strategic contentions.

5. Their Policy making framework legitimizes PICs. If I can prove that it is a superior policy option, then a logical policy maker would vote for it.

6. Theory is not a voting issue – they cannot prove either in round abuse or that the counterplan sets a precedent. They don't create a threshold for theory that justifies voting. PICs are reasonable – they are well known and have substantial backfiles. Err negative on theory because the affirmative gets an inherent side bias by speaking first and last and having infinite prep

Tournament: HWL | Round: 1 | Opponent: IDK | Judge: IDK

Racism NC

My value is equality and my role of the ballot is a vote to confront racism. The role of the judge is to act as an ethical educator, teaching how to best deal with racism.

Racism is unacceptable on its face. Rejection of racism is the ethical obligation of a society— it prevents acceptance of injustice. This is a side-constraint on any ethical theory.

Memmi, 2000 - prof of sociology at Univ of Paris ~Albert. Racism. Trans. Steve Martinot. Minneapolis: U of Minnesota Press, 2000.
The struggle against racism will be long, difficult, without intermission, without remission
AND
. True, it is a wager, but the stakes are irresistible.

Ethics based on abstraction or universal morality inevitably reinforce existing racist dominance, because color blindness ignores the contingent nature of racism.  We must focus on the Lived Experience of those facing racism.

Bonilla-Silva 2006 - Professor of Sociology at Duke University ~Eduardo,  "Racism without racist: Color-Blind Racism and the Persistence of Racial Inequality in the United States" pp25-8~
If Jim Crow's racial structure has been replaced by a ''new racism,''
AND
practices behind segregation and being unconcerned about these practices' negative consequences for minorities.

Ending racism must take priority over other goals because racism makes all other values impossible – it warps equality, justice and morality.

Lipsitz 2000 - Professor at Department of Ethnic Studies at University of California, (George, October 2000, "The White 2K Problem" (for Cultural Values ISSN 1362-5179 Volume 4 Number 4 pp.518-524)
The persistence of residential segregation, educational inequality, environmental racism, and employment discrimination
AND
At the same time, their unearned disadvantages structure unearned advantages for whites.

Racism must take priority over util – racism is the flaw in utility, because the "greatest good for the majority" will always sacrifice the minority. When this sacrifice takes place in the name of race, it makes war and conflict inevitable.

Foucault '76 ~Michel, Society Must be Defended: Lectures at the College de France, 1975-1976, p. 254-257 Trans. David Macey~
What in fact is racism? It is primarily a way of introducing a break
AND
second half of the nineteenth century), except by activating the theme of racism

Contention One – The Resolution Reinforces Racism – three links

1. Abstraction - Affirmative authors use free speech as an abstract concept to cover up the actual harms and oppression suffered on campus by minorities – it marginalizes important concerns and reinforces hierarchical power structures

PEN America, 2016 ~AND CAMPUS FOR ALL Diversity, Inclusion, and Freedom of Speech at U.S. Universities October 17, https://pen.org/on-campus~~
Whose Speech Are We Talking About, Anyway? Other journalists, advocates, and
AND
civil rights. This is victim-blaming with a software update.19

Free speech fundamentalism ignores the context of oppression – it is an abstract principle that ignores the material condition of subordination and racism on campus.

Cobb, 2015 - contributor to The New Yorker ~Jelani Race and the Free-Speech Diversion November 10, 2015 http://www.newyorker.com/news/news-desk/race-and-the-free-speech-diversion
At issue are a black student's angry denunciation of a Yale professor and the Missouri
AND
, from the look of things, will there be any time soon.

2. Distraction - Focusing on Free Speech ignores the root causes of campus protests like structural racism

PEN America, 2016 ~AND CAMPUS FOR ALL Diversity, Inclusion, and Freedom of Speech at U.S. Universities October 17, https://pen.org/on-campus~~
Writing in November 2015 for The Hill, American University professor Jon Gould agrees,
AND
of resurgent racism that he places at the heart of campus controversies.21

3. Hostility - Absolute free speech on campus reinforces racism because it prevents participation in campus discourse because it protects racist harassment

Gould 2015 - professor of public affairs and law at American University ~Jon Getting the story wrong on campus racism The Hill 11/17/15 http://thehill.com/blogs/pundits-blog/education/260379-getting-the-story-wrong-on-campus-racism~~
There is every reason to disagree with the Missouri professor, and I worry,
AND
learning environment, but it is actually incompatible with free and open dialogue.

This turns the Affirmative - A free and open discourse on campus presumes that all people feel safe to participate in that discussion. This must include examining how historical and structural discrimination has excluded groups from discussions.

PEN America, 2016 ~AND CAMPUS FOR ALL Diversity, Inclusion, and Freedom of Speech at U.S. Universities October 17, https://pen.org/on-campus~~
Opening the Space on Campus The notion of a campus as an open space does
AND
discussing, exploring, and listening at length to varied stories and viewpoints.

Focusing on free speech on campus undermines the social discourse necessary to address structural racism.

Gould 2015 - professor of public affairs and law at American University ~Jon Getting the story wrong on campus racism The Hill 11/17/15 http://thehill.com/blogs/pundits-blog/education/260379-getting-the-story-wrong-on-campus-racism~~
Missing the forest for the trees because the trees make easier copy It's easy to
AND
such claims. History may repeat itself, but our interpretation need not.

Tournament: Emory | Round: 3 | Opponent: Yeah | Judge: You

Part 1 is the links-

Representations of "free speech" exclude the cognitively disabled by predicating the concept of freedom and independence on spoken voice. The 1ACs valorization of speech marginalizes those who rely on other forms of communication.

Ashby 11- Christine Ashby, 2011. Professor at Syracuse University, Degree in Leadership and Communications. "Whose 'Voice is it Anyway?: Giving Voice Qualitative Research Involving Individuals that Type to Communicate."
One of the critical questions facing Disability Studies is how to make central the voices
AND
become the objects of research, where their voices are mediated and interpreted. 

Disabled students' voices are eliminated- more harshly scrutinized because traditional notions of "free speech" assume complete independence

Ashby 11- Christine Ashby, 2011. Professor at Syracuse University, Degree in Leadership and Communications. "Whose 'Voice is it Anyway?: Giving Voice Qualitative Research Involving Individuals that Type to Communicate."
that Do Not Speak in Research: The Question of Competence "TELL THEM I
AND
I explore the question of reading silence from a methodological perspective.
.

The 1AC assumes free speech creates an open space for discussion- prioritizing the speech of the abled over the safety and speech of the disabled

Ashby 11- Christine Ashby, 2011. Professor at Syracuse University, Degree in Leadership and Communications. "Whose 'Voice is it Anyway?: Giving Voice Qualitative Research Involving Individuals that Type to Communicate."
Agency and voice In an earlier study on developing greater physical independence for individuals who
AND
create space and opportunity for individuals with disabilities to express their own ideas?

Part 2 is the Impact-

Ableism impacts our ability to perceive different voices- AC promotion of free speech silences and deprioritizes disabled voices. Terms included in "free speech" promote ableism and cause harm to disabled people.

Zeilinger 15- Julie Zeilinger, 7/7/17. Barnard College, freelance author for F'd up. "6 forms of ableism we need to retire immediately" https://mic.com/articles/121653/6-forms-of-ableism-we-need-to-retire-immediately~~#.b59YN4oDo

Nearly 1 in 5 people in the United States has a disability, according
AND
experience because able-bodied experiences are the privileged experiences in our society."

Part 3 is the Alt-

Reject the AC for their assumptions surrounding "free speech". Recognizing the importance and existence of non-verbal communication is key to deep understanding and inclusion of people with disabilities.
Ashby 11- Christine Ashby, 2011. Professor at Syracuse University, Degree in Leadership and Communications. "Whose 'Voice is it Anyway?: Giving Voice Qualitative Research Involving Individuals that Type to Communicate."
During an observation in Jacob's eighth grade English class, Jacob was scheduled to present
AND
work, but it creates the opportunity for a fuller, richer understanding.

Rejection of 'free speech' allows the disabled to protect themselves against dangerous situations- preventing ableist rhetoric and emphasizing silence as a liberatory tool

Ashby 11- Christine Ashby, 2011. Professor at Syracuse University, Degree in Leadership and Communications. "Whose 'Voice is it Anyway?: Giving Voice Qualitative Research Involving Individuals that Type to Communicate."
Hearing silence Another important question concerns how to "read" silence or those moments
AND
not to speak that is more resistance than oppression (DeVault, 1999).

Part 4 is framing-

The role of the judge is to act as an ethical educator, which requires focusing on oppressive institutions. The role of the ballot is to examine how oppression promotes inequality. Debate, as an Educational Institution, can either be a uniquely powerful site to normalize oppression, or it can be a powerful site to teach emancipation.

Trifonas 2003 - prof of Curriculum at University of Toronto. ~Trifonas, Peter. PEDAGOGIES OF DIFFERENCE: RETHINKING EDUCATION FOR SOCIAL CHANGE. New York, London. 2003.~
The idea of difference has provided the conceptual groundwork for educational theorists of diverse ideological
AND
the equitability of the principle of educational equity and education for social justice. 

K outweighs- Making spaces more accessible to those with disabilities empirically allows for more education and integration

Hehir 07 (Thomas Hehir is Professor of Practice and Director of the School Leadership Program, Harvard Graduate School of Education, Cambridge, Massachusetts. Educational Leadership: "Confronting Ableism." Published in February, 2007. Accessed July 20^th, 2015. http://www.ascd.org/publications/educational-leadership/feb07/vol64/num05/Confronting-Ableism.aspx)TheFedora
Employ concepts of universal design. The principle of universal design first pertained to architecture
AND
learning disabilities can have words that they cannot decode read aloud to them.

Tournament: 5 | Round: 5 | Opponent: Yeah u kno | Judge: Yaaaaah

Text: The United States Federal Government should limit qualified immunity for police officers by removing the "clearly established" standard for qualified immunity in the United States except for on American Indian tribal lands. Tribal Courts should limit qualified immunity for police officers by removing the clearly established standard for qualified immunity on tribal lands, and the US government should refuse to challenge tribal authority on tribal lands. 

Observation One – The Affirmative imposes plan on Native American nations – semantic and practical reasons:

A. Semantic: "The United States" in the resolution includes American Indian nations.

1. "The United States" includes all areas under U.S. jurisdiction

Rainey 1995, John, U.S. District Judge, "Donald Ray Looper, Individually and On Behalf of His Firm's Clients, Plaintiff, v. William C. Morgan, Department of the Treasury United States Customs Service, and All Unknown Individuals and Agencies Involved in the Search of a Briefcase at Inter-Continental Airport in Houston, Texas, Defendants", 1995 U.S. Dist. LEXIS 10241, Lexis
The term "United States" means the United States and all areas under the jurisdiction or authority thereof.

2. Indian nations are within the US and are under U.S. Jurisdiction

Prygoski 2001 - professor of law, Thomas M Cooley Law School (Philip J, , 02.01.01, "From Marshall to Marshall: The Supreme Court's changing stance on tribal sovereignty", http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/marshall.html, Accessed 07.22.14)LD We do not endorse any of the decisions made by the Supreme Court referenced in this article.
In the first of these cases, Johnson v. McIntosh (21 U.
AND
a French or German enclave in the middle of Montana, for example.)

B. Practical –

1. Normal means – Qualified immunity cases brought to Tribal Courts are diverted to Federal Forums.

Struve, 2003 – prof of law at Univ of Pennsylvania ~Catherine How Bad Law Made A Hard Case Easy: Nevada V. Hicks And The Subject Matter Jurisdiction Of Tribal Courts Jan University of Pennsylvania Journal of Constitutional Law JSTOR~
The result in Hicks may well have been driven by the facts that the defendants
AND
immunity would be fully applicable to federal claims heard in tribal court.119

2. Empirically - The Supreme Court stripped Tribal Courts of the jurisdiction to hear Section 1983 or qualified immunity cases.

Fletcher, 2014 – Prof of Law at Michigan State ~A Unifying Theory of Tribal Civil Jurisdiction Matthew L.M. Fletcher Follow this and additional works at: http://digitalcommons.law.msu.edu/facpubs 46 Ariz. St. L.J. 779 ~
The next major tribal civil jurisdiction case, Nevada v. Hicks, 112 is
AND
be .... " 144 Theories on federal Indian law typically are post hoc.

3. Normal means evidence is good for debate

a. It is necessary to fill in the gaps. Resolutions and plans are single sentences – this leaves the vast majority of details undefined. Only evidence can fill that blank

b. It links debate to the real world – it shows how the plan would Actually be implemented. This forces research and helps make our education portable.

c. It gives both sides access to defining the ground in the debate, rather than letting the aff define ground after hearing the neg strategy.

Observation Two – Competition

1. I solve the affirmative advantage by passing the resolution everywhere except for on tribal lands. On tribal lands, Tribal Courts will pass the resolution. There is no solvency deficit to having tribal courts pass the plan on reservations.

2. Any legitimate permutation severs out of the part of plan that limits qualified immunity on tribal lands. This is Functionally part of the plan. Severance does not test competition of the counterplan, makes the aff a moving target, and destroys stable advocacy skills.

3. Functional Competition is better than Textual Competition

a. It is necessary for time limits – actual legislation is hundreds of pages long – no AC could put everything that they defend into the text. Functional competition allows us to fill in the details with evidence about how a plan would be done.

b. It is educational because it encourages research into how a plan would be implemented, because we need evidence to fill in the details. Research is a key portable skill that will help in every other subject or job.

c. It is necessary to fairly avoid vagueness and a moving target. If the aff specifies something in the AC, then they get to defend it. If they don't, then it is fair game to debate about normal means. This gives both teams a reciprocal chance to define ground, and it prevents the aff from "clarifying" after the NC to avoid links. It is fairer to debate it out.

Observation Three – Net Benefits – The counterplan solves the case advantage by passing the plan everywhere except on tribal lands, and by having the tribal courts establish the limitations there – Any solvency deficit must defend having the Federal Government impose the plan on tribes.

1. Imposing upon Native Tribe undermines sovereignty. Promoting Tribal Courts is essential to Indian Self Determination

Fletcher, 2014 – Prof of Law at Michigan State ~A Unifying Theory of Tribal Civil Jurisdiction Matthew L.M. Fletcher Follow this and additional works at: http://digitalcommons.law.msu.edu/facpubs 46 Ariz. St. L.J. 779 ~
Even so, the Martinez Court was correct that Congress intended to protect internal tribal
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, 218 while the Supreme Court's deference to Congressional policy has dissipated.219

2. Tribal Court Jurisdictional authority is the key internal link to Native American Indian sovereignty

Fletcher, 2014 – Prof of Law at Michigan State ~A Unifying Theory of Tribal Civil Jurisdiction Matthew L.M. Fletcher Follow this and additional works at: http://digitalcommons.law.msu.edu/facpubs 46 Ariz. St. L.J. 779 ~
INTRODUCTION One of the most important and defining controversies of federal Indian law is whether
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has said that Indian tribes may not exercise governmental authority over nonconsenting nonmembers.

3. Sovereignty is essential to all values – it is intrinsically linked to respect for dignity. Self determination is crucial for Native Americans to avoid destruction

Lavelle 2005 - executive director of Center for the Spirit (John Lavelle http://www.pirateballerina.com/images/lavellereview.htm)hs
Tribal sovereignty, in turn, is the collective endeavor of all the members of
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calls "a language of American Indian liberation" (p. 291). 

4. The US government can defer Section 1983 jurisdiction to Tribal Courts to prevent the Court from limiting Tribal authority

Struve, 2003 – prof of law at Univ of Pennsylvania ~Catherine How Bad Law Made A Hard Case Easy: Nevada V. Hicks And The Subject Matter Jurisdiction Of Tribal Courts Jan University of Pennsylvania Journal of Constitutional Law JSTOR~
The Court's opinion in Hicks implies that even under the Court's approach, Congress should
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, tribal fora will be unavailable for the enforcement of most federal claims.

Observation Four: PICs are good

1. PICs are key to test the wording of the resolution – this is key to predictable negative ground, because the resolution is the only thing I have before the debate.

2. PICs give the affirmative automatic ground – by excluding a portion of the Affirmative, it gives the Aff an automatic solvency deficit.

3. Key to negative flexibility – PICs give the negative an option against new cases or small plans, which is key to offset Aff's infinite prep.

4. PICs are key to force the affirmative to defend the entirety of their plan – it forces them to improve plan writing and to establish strategic contentions.

5. Their Policy making framework legitimizes PICs. If I can prove that it is a superior policy option, then a logical policy maker would vote for it.

6. Theory is not a voting issue – they cannot prove either in round abuse or that the counterplan sets a precedent. They don't create a threshold for theory that justifies voting. PICs are reasonable – they are well known and have substantial backfiles. Err negative on theory because the affirmative gets an inherent side bias by speaking first and last and having infinite prep

Tournament: Alta | Round: 1 | Opponent: John | Judge: Cena

New and Improved Critical Race Theory - NC

The Legal System is systematically racist – it reinforces structural white supremacy and causes African Americans to internalize racialized roles. The system is Indeterminate, meaning it is flexible enough to be implemented in a racist fashion

Butler, 1995 – Prof of Law at George Washington University ~Paul Yale Law Journal December, 105 Yale L.J. 677 Essay: Racially Based Jury Nullification: Black Power in the Criminal Justice System Lexis~
2. The Radical Critique The radical critique does not discount the role of discrimination
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black community, n94 and the large unemployment rate among black men. n95

The Indeterminacy of the Legal System is the root cause of police abuse and violence. The affirmative uses civil lawsuits, which focus on Individual police officers as racist, which ignores that most racism within the system is Legal – the system is Structurally racist. Civil remedies within the system will always be turned back against minorities

McLeod, 2016 – prof of Law at Georgetown University Law Center ~Allegra Georgetown Law Journal August, 104 Geo. L.J. 1405 Confronting the Carceral State Lexis~
The participants in this symposium explore what accounts for our current carceral crisis and how
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increased substantially—resulting in more stops and frisks and more arrests. n33

Specifically, civil lawsuits rely on a trial and jury system that will always be biased against them. Gaining access to a rigged game only reinforces the problem

Reinert, 2011 - Professor of Law, Yeshiva University ~Alexandra University of St. Thomas Law Journal: Fides et lustitia Symposium, Spring 8 U. St. Thomas L.J. 477 Does Qualified Immunity Matter? Lexis~
In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, n2
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, with the Supreme Court often expressing hostility to the remedy itself. n9

The affirmative's defense of the legal system ensures widespread authoritarianism—reject their deference to the Rule of Law – using the legal system to fight the racism in the legal system will always fail because it reinforces obedience and creates complacency. This turns case – it causes mass oppression that outweighs all of their impacts.

Henderson, 1991 - Professor of Law at Indiana University ~Lynne "Authoritarianism and the Rule of Law," Indiana Law Journal (66 Ind. L.J. 379), Spring, Available Online to Subscribing Institutions via Lexis-Nexis~
Despite our cultural assumption that the Rule of Law automatically prevents tyranny and oppression —
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those concerned with the use of law to oppress and punish human beings.

====Critical Race Theory is key to interrogate and end white privilege – it exposes underlying institutional and structural racism====
Lopez, 2003 - Professor of Political Science (Gerardo  "The (Racially Neutral) Politics of Education: A Critical Race Theory Perspective", Educational Administration Quarterly Vol. 39, No. 1 (February 2003) 68-94, 6/28, eaq.sagepub.com/content/39/1/68.full.pdf)
Because it is so ordinary, we often fail to see how it functions and
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pace that White people determine is reasonable and judicious (Bell, 1995a).

Racism is unacceptable on its face. Rejection of racism is the ethical obligation of a society— it prevents acceptance of injustice. This is a side-constraint on any ethical theory.

Memmi, 2000 - prof of sociology at Univ of Paris ~Albert. Racism. Trans. Steve Martinot. Minneapolis: U of Minnesota Press, 2000.
The struggle against racism will be long, difficult, without intermission, without remission
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. True, it is a wager, but the stakes are irresistible.

Vote negative – reject the Affirmative to constantly criticize the use of legal systems and their justifications. This will open new possibilities for alternatives, and provide the only true method for social change.

Singer, 1984 - Associate Professor of Law at Boston University, ~Joseph William "The Player and the Cards: Nihilism and Legal Theory," Yale Law Journal (94 Yale L.J. 1), November, Available Online to Subscribing Institutions via Lexis-Nexis~
What shall we do then about legal theory? I think we should abandon the
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live together. We are going to have to answer that question ourselves.

====Critical Race Theory is the best way to constantly criticize the legal system. It is the best solution to the trap of indeterminacy that locks us into legal solutions. Only CRT can find a way out of racist structures.====
Lopez, 2003 - Professor of Political Science (Gerardo  "The (Racially Neutral) Politics of Education: A Critical Race Theory Perspective", Educational Administration Quarterly Vol. 39, No. 1 (February 2003) 68-94, 6/28, eaq.sagepub.com/content/39/1/68.full.pdf)
In recent years, CRT has played an important role in both legal and educational
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dismantling racism within our ranks as well as in the work we do.

The role of the ballot and the judge is that of a critical educator. Criticizing racist assumptions and institutions is necessary for debate to fulfill its potential. Debate's epistemology of whiteness must be challenged before other questions

Calderon 2006— Prof of Education, Culture and Society at University of Utah (Dolores, and the Ethnic Studies Program "One-Dimensionality and Whiteness" USA Policy Futures in Education, Volume 4, Number 1, 2006 http://pfe.sagepub.com/content/4/1/73.full.pdf+html , cayla_)
In the context of education, elaborating upon the work of critical pedagogues, one
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educational discourses and institutions both reflect particular conceptions of, and produce, race'

Tournament: GBS | Round: 2 | Opponent: IDK | Judge: idk

1NC

Freddy Grey - Baltimore
Tamir Rice - Cleveland
Eric Garner - Staton Island
Sandra Bland - Texas
Micheal Brown - Furgeson
These are the black bodies civil society is built upon

Your Framework is flawed, it assumes that we ALL have political influence, a position not available to black people. The impact is colonialism and whiteness in debate

Reid-Brinkley 8
~Shanara Reid-Brinkley, Rhetoric PhD and Prof @ Pitt, and the most competitively successful black woman in CEDA history, THE HARSH REALITIES OF "ACTING BLACK": HOW AFRICAN-AMERICAN POLICY DEBATERS NEGOTIATE REPRESENTATION THROUGH RACIAL PERFORMANCE AND STYLE~
Mitchell observes that the stance of the policymaker in debate comes with a "sense
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of the "policymaker" and require their opponents to do the same. 

The plan cannot solve police violence - Legal changes like civil rights remedies fail because the police can commit violence Legally – the plan doesn't change that.

McLeod, 2016 – prof of Law at Georgetown University Law Center ~Allegra Georgetown Law Journal August, 104 Geo. L.J. 1405 Confronting the Carceral State Lexis~
The participants in this symposium explore what accounts for our current carceral crisis and how
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problem and the fact that they are conceiving racist violence as an individual action

The only ethical means of political discourse lies in the position of Slave and Savage. The affirmative calls for larger institutional access within the Slave Master civil society without questioning its very existence. The assumptive logic doesn't account for the political ontology of Redness and Blackness, thus sets the stage for conflictual relationships like class conflict, gender conflict, immigrant rights etc.

Wilderson 10 (Frank B. American writer, dramatist, filmmaker, critic and professor of Drama and African American studies at the University of California, Irvine Red White and Black: Cinema and the Structure of U.S. Antagonisms Duke University Press Durham and London 2010 page 1-5, cayla_)
WHEN I WAS a young student at Columbia University in New York there was a
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themselves may not be aware of the ontological position from which they speak). 

We need a new language to explain this horror—within the current political ontology, the subaltern is left voiceless. Political ontology can never take into account gratuitous violence—it's founded upon alienation and exploitation—their reliance on Humanism makes the Slave's struggle inevitable.

Wilderson 10 (Frank B. American writer, dramatist, filmmaker, critic and professor of Drama and African American studies at the University of California, Irvine Red White and Black: Cinema and the Structure of U.S. Antagonisms Duke University Press Durham and London 2010 page 55-57, cayla_)
IN THE INTRODUCTION and chapter 1, we saw how the aporia between Black being
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can be emancipated through some form of discursive, or symbolic, intervention.

====Role of the judge is to be an anti-ethical decision maker. All decision calculus must revolve around the ontological entity of the slave.====
Curry 13 ~2013, Dr. Tommy Curry is an associate Prof of Philosophy @ Texas AandM, "In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical"~
Racism is not unethical simply because it is a moral affront to the allegedly generalizable
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new teleological/cultural orientation; an endarkening path towards a new humanity.  

Voting for the alternative is an act of burning down the civil society that produces violence against the slave. Their calls for freedom will never leave the plantations and colorlines of society. We must reject their call for equality to abandon the white-over-black system and Pursue new Methods of Education.

Farley 5 ~Boston College (Anthony, "Perfecting Slavery", http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1028andcontext=lsfp)~~
Slavery is with us still. We are haunted by slavery. We are animated
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beyond the veil, beyond death; hence, the end of forever.