Tournament: UPS | Round: 4 | Opponent: Santa Monica RE | Judge: Tessie Lamourea
The role of the ballot is to fostering new politics in academia is a priori obligation and a pre-requisite to finding ethics unbiased by established institutions. Giroux 11
Giroux 11 Henry A. Occupy Colleges Now: Students as the New Public Intellectuals, Truthout. 21 November 2011.
Finding our way… and political urgency.
Postmodernist critiques question the faith in liberal institutions; the law is reified and seen as a higher entity separate from politics.
Harris 1Angela P. Harris, The Jurisprudence of Reconstruction, 82 Cal. L. Rev. 741 (1994).
Although CRT emerged … always already there.
We must seek a methodology that reconciles the faith in liberal institutions with a criticism of them; a binary fails to recognize the harms of rejecting one for the other.
Harris 2 Angela P. Harris, The Jurisprudence of Reconstruction, 82 Cal. L. Rev. 741 (1994).
I have thus …on their promises.
Current identities are defined by the dominant system as “nondominant”; we must embrace a politics of difference by transforming power structures to begin reform toward true equality.
Harris 3 Angela P. Harris, The Jurisprudence of Reconstruction, 82 Cal. L. Rev. 741 (1994).
Unlike crits, whose … skepticism of it. . .
Thus, the standard is to engage in jurisprudential reconstruction: the reworking of institutions in order to transform our views on the racialized subject.
Harris 4 Angela P. Harris, The Jurisprudence of Reconstruction, 82 Cal. L. Rev. 741 (1994).
Within legal studies, … further this project.
Generative independence is denied to the black community under the illusion of white protection. Recognition of this paternalism is key to fostering political resistance and reforming our egalitarian conception of rights.
Williams 1 Patricia J. Williams, ALCHEMICAL NOTES: RECONSTRUCTING IDEALS FROM DECONSTRUCTED RIGHTS 22 Harv. C.R.-C.L. L. Rev. 401 (1987).
One lesson I … something exclusively his?" 95
Rights are key to empowerment. Thus, we must critique its commodification by the white ideological hegemony that gives the illusion of freedom.
Williams 2 Patricia J. Williams, ALCHEMICAL NOTES: RECONSTRUCTING IDEALS FROM DECONSTRUCTED RIGHTS 22 Harv. C.R.-C.L. L. Rev. 401 (1987).
To say that … spirit owns us. 10 5
Current limitations reflect an unbalanced power dynamic in which whites have control over what speech is allowed; the minority is denied the ability to resist.
Delgado and Yun ’94: (Richard Delgado and David H. Yun, Pressure Valves and Bloodied Chickens: An Analysis of Paternalistic Objections to Hate Speech Regulation, 82 Cal. L. Rev. 871 (1994)FT) Regulation, 82 Cal. L. Rev. 871 (1994) D. "More Speech"
Defenders of the … a racist slur.9
Analytic
The university is uniquely key because of its ability to normalize our political relations; rejecting speech limitations within the university is key to foster an environment that allows for a reconceptualization of the “right to free speech.”
Harris and Spivak Angela P. Harris, The Jurisprudence of Reconstruction, 82 Cal. L. Rev. 741 (1994).
"I thought the … refuse that dichotomy.
The circulation of free speech is the starting point for a non-exploitative rights based framework. It reconfigures rights discourse so that we contest the constructed reality that kills rights.
Williams 3Patricia J. Williams, ALCHEMICAL NOTES: RECONSTRUCTING IDEALS FROM DECONSTRUCTED RIGHTS 22 Harv. C.R.-C.L. L. Rev. 401 (1987).
But this failure … an unexploited form.88
Removing restrictions on free speech is KEY to recognizing the independence of minorities; discourse allows them to reshape their relation to the world and thus empowers them in the liberation struggle.
Lawrence Charles R. Lawrence III, The Word and the River: Pedagogy as Scholarship as Struggle. 65 S. Cal. L. Rev. 2231 1991-1992.
establishes the concept …defaced, from history.92