Tournament: Any | Round: 1 | Opponent: Any | Judge: Any
A. Interpretation: Debaters must disclose all broken positions (ACs, NCS, Ks, DAs, etc) with tags and cites with the first three and last three words of the cards they read on the NDCA LD wiki at least one hour before the round.

Tournament: All | Round: 1 | Opponent: Anyone | Judge: Anyone
For whatever reason, my aff wiki isn't letting me post things on it, so for the time being, I will have to disclose things on my neg wiki.

Tournament: UH | Round: 2 | Opponent: Klein | Judge: Kyle Diamond
The standard is rejecting structural oppression.
The nature of governments necessitates pragmatic policy.
Martin Rhonheimer. “The Political Ethos of Constitutional Democracy and the Place of Natural Law in Public Reason: Rawls's "Political Liberalism" Revisited” http://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1364andcontext=ajj
“It is a fundamental feature of political philosophy to be part of practical philosophy
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and its inherent logic of specifically political justification constitute "public reason." “
This means that a) you reject abstract ethical theories—at the end of the day, no one cares whether they willed a contradiction or not, but rather the government concerns itself with outcomes of its actions, and b) absent of the neg explaining why they link to political philosophy, you default my framework.
Governments have an obligation to reject forms of structural oppression—it prevents voices from being heard and comes first under any framework.
WINTER AND LEIGHTON – D. D. Winter and Dana Leighton. “STRUCTURAL VIOLENCE SECTION INTRODUCTION”. 6/1/99 http://sites.saumag.edu/danaleighton/wp-content/uploads/sites/11/2015/09/SVintro-2.pdf
“Finally, to recognize the operation of structural violence forces us to ask questions
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anger, and begin to think about how to reduce structural violence. “
Advantage 1: Dissent
The idea that the authority figures become the arbiter of acceptable speech causes a crack down on dissent and kills minority views from even being heard in the first place.
Anthony L. Fisher 17 (associate editor at Reason.com, where his beats include criminal justice, civil liberties, free speech, and foreign affairs. He is also a sports and culture columnist at The Week.). “The free speech problem on campus is real. It will ultimately hurt dissidents”. Vox, Jan 2, 2017. http://www.vox.com/the-big-idea/2016/12/13/13931524/free-speech-pen-america-campus-censorship RC
It’s already happening. Just ask the Palestinian activists whose boycott campaigns against Israel have
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"safe space" from such "offensive" expressions of free speech.
Communication between individuals is necessary—deeming some words as unworthy undermines certain backgrounds and identities which hinders students’ ability to create meaningful dialogue.
Anthony L. Fisher 2 (associate editor at Reason.com, where his beats include criminal justice, civil liberties, free speech, and foreign affairs. He is also a sports and culture columnist at The Week.). “The free speech problem on campus is real. It will ultimately hurt dissidents”. Vox, Jan 2, 2017. http://www.vox.com/the-big-idea/2016/12/13/13931524/free-speech-pen-america-campus-censorship RC
The authors express the need — “in an increasingly multicultural nation” — to
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to some — but in today’s campus climate, it’s an important intervention.
Bans on things like hate speech are hopelessly short sighted—it just treats the symptom of the problem in exchange for feel-good politics.
Anthony L. Fisher 3 (associate editor at Reason.com, where his beats include criminal justice, civil liberties, free speech, and foreign affairs. He is also a sports and culture columnist at The Week.). “The free speech problem on campus is real. It will ultimately hurt dissidents”. Vox, Jan 2, 2017. http://www.vox.com/the-big-idea/2016/12/13/13931524/free-speech-pen-america-campus-censorship RC
The discussion of "safe spaces" has become one of the most divisive subsections
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their own speech silenced when opponents claim offense, fear, or discomfort.
And, words only have as much power as you give you them. Negating just causes impact replication and people will just create new forms of hate speech.
Kurtz and Oscarson ’03 - Members of National Council of Teachers of English Conference on College Composition and Communication 2k3 (Anna, Christopher, “BookTalk: Revising the Discourse of Hate,” ProQuest)
However, Butler also argues that the daily, repeated use of words opens a
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might be able to create spaces for learning in which everyone feels safe.
Even if free speech might not be the perfect solution, it is comparatively better to any other alternative—restrictions just make the problem worse.
Kenan Malik 12 (Indian-born English writer, lecturer and broadcaster, trained in neurobiology and the history of science.). “Why Hate Speech Should Not Be Banned”. Pandemonium, 2012. https://kenanmalik.wordpress.com/2012/04/19/why-hate-speech-should-not-be-banned/
And in practice, you cannot reduce or eliminate bigotry simply by banning it.
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changes and because minorities themselves stood up to the bigotry and fought back.
Advantage 2: The Liberal Bubble
Silencing bigots only re-entrenches their position and galvanizes their opposition to social justice movements
Levinovitz 16 Alan Levinovitz, assistant professor of religion at James Madison University, “How Trigger Warnings Silence Religious Students,” The Atlantic, August 30, 2016, http://www.theatlantic.com/politics/archive/2016/08/silencing-religious-students-on-campus/497951/
 There is no doubt that in America, the perspective of white, heterosexual
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deeply held beliefs. It would be a shame to execute him again.
Allowing for freedom of discussion solves better for issues of hate speech.
ACLU Hate Speech On Campus, https://www.aclu.org/other/hate-speech-campus
Where racist, sexist and homophobic speech is concerned, the ACLU believes that more
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, possibly change them, and forge solidarity against the forces of intolerance.
Censorship is deconstructive and regressive and turns any criticism – blocking the freedom of speech will only guarantee the domination of current prevailing discursive practices.
Ward 90 ( David V.  Ph.D. Professor of Philosophy at Widener University in Pennsylvania.    “Library Trends” Philosophical Issues in Censorship and Intellectual Freedom, Volume 39, Nos 1 and 2. Summer/Fall 1990. Pages 86-87) Second, even if the opinion some wish to censor is largely false, it may contain some portion of truth, a portion denied us if we suppress the speech which contains it. The third reason for allowing free expression is that any opinion “however true it may be, if it is not fully, frequently, and fearlessly discussed, ... will be held as a dead dogma, not a living truth” (Mill, 1951, p. 126). Merely believing the truth is not enough, Mill points out, for even a true opinion held without full and rich understanding of its justification is “a prejudice, a belief independent of, and proof against, argument-this is not the way in which truth ought to be held by a rational being. This is not knowing the truth. Truth, thus held, is but one superstition the more, accidentally clinging to the words which enunciate a truth” (p. 127). Fourth, the meaning of a doctrine held without the understanding which arises in the vigorous debate of its truth, “will be in danger of being lost, or enfeebled, and deprived of its vital effect on the character and conduct the dogma becoming a mere formal profession, inefficacious for good, but cumbering the ground, and preventing the growth of any real and heartfelt conviction, from reason or personal experience” (p. 149). Censorship, then, is undesirable according to Mill because, whether the ideas censored are true or not, the consequences of suppression are bad. Censorship is wrong because it makes it less likely that truth will be discovered or preserved, and it is wrong because it has destructive consequences for the intellectual character of those who live under it. Deontological arguments in favor of freedom of expression, and of intellectual freedom in general, are based on claims that people are entitled to freely express their thoughts, and to receive the expressions made by others, quite independently of whether the effects of that speech are desirable or not. These entitlements take the form of rights, rights to both free expression and access to the expressions of others.
Advantage 3: Unions
Public sector unions are rooted in the ICC, which allows states to suppress labor movement in public universities.
Shaun Richman 16 (former organizing director for the American Federation of Teachers). “How ‘Friedrichs’ Could Actually Unleash Unions from Decades of Free Speech Restrictions”. In These Times, Jan. 22, 2016. http://inthesetimes.com/working/entry/18796/friedrichs-v-california-teachers-association-free-speech-strikes RC
As the spring semester starts up at the City University of New York, union
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tool for reversing many anti-union measures that are on the books.
Even if you are skeptical of unions in general, in this instance, they are key; the government is their employer and also passes laws with regard to labor laws, so unions are the teachers’ only avenue to create collective change.
Every interaction a public teacher has with the university is political, especially unions.
Shaun Richman 2 (former organizing director for the American Federation of Teachers). “How ‘Friedrichs’ Could Actually Unleash Unions from Decades of Free Speech Restrictions”. In These Times, Jan. 22, 2016. http://inthesetimes.com/working/entry/18796/friedrichs-v-california-teachers-association-free-speech-strikes RC
So, in order to overturn this long-settled precedent the parties behind Friedrichs
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. I’d also suggest that they begin drawing up some new picket signs.
Advantage 4: Backlash
And, further pushing for political correctness spurs more alt right recruitment and creates divisiveness.
Robby Soave 16 (associate editor at Reason.com. He enjoys writing about college news, education policy, criminal justice reform, and television. He is also a columnist for The Daily Beast and has penned articles for the New York Post, CNN, USA Today, Newsweek, The Orange County Register, and The Detroit News. Forbes named him to the 2016 "30 Under 30" list in the category of law and policy). “Trump Won Because Leftist Political Correctness Inspired a Terrifying Backlash”. Reason, Nov. 9, 2016. http://reason.com/blog/2016/11/09/trump-won-because-leftist-political-corr RC
Trump won because of a cultural issue that flies under the radar and remains stubbornly
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according to his supporters, is that he isn't afraid to speak his.

Tournament: Strake RR | Round: 2 | Opponent: Westwood | Judge: Tom Evnen, Patrick Graham
I value morality since the resolution is normative. Every agent has a practical identity that is the source of value.
Christine M. Korsgaard 92, professor of Philosophy at Harvard University. “The Sources of Normativity”, The Tanner Lectures on Human Values
Those who think that the human mind is internally luminous and transparent to itself think
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identity, your nature; your obligations spring from what that identity forbids.
The content of normative claims has to be contained within themselves—the nature of obligation is what gives us the ability to deduct what obligations we have.
David Velleman 05 (Professor of Philosophy at New York University). “A Brief Introduction to Kantian Ethics”. 2005.
Kant reasoned that if moral requirements don't derive their force from any external authority,
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that a requirement would carry authority simply by virtue of requiring that thing.
Thus, the standard is consistency in the rational will.
Prefer it independently:

1. Absent a rational will, actions become unintelligible since the intent determines the action.
   Christine Korsgaard 14 (Professor at Harvard University) “How to be an Aristotelian Kantian Constitutivist.” 2014
    “First of all, no one thinks a wholly “external performance,”
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   to at least intend to transmit the sandwich from my possession to yours.”
   3. Anything being good commits us to valuing it unconditionally.
   Christine M. Korsgaard 06 ( Professor at Harvard) “Morality and the Logic of Caring: A Comment on Harry Frankfurt”. Pg. 7 RC
   “If practical reasons are public, however, it must be possible for us
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   reasons, then it turns out to be something like Kant’s moral law.”
   Also means that only my framework gives reason for action and thus guide agents to act in certain ways.
   Contention
   I advocate that public colleges and universities in the United States ought not restrict any constitutionally protected speech. I’ll defend consequentialist impacts, but they’re not relevant under my framework since I just need to need to show that the maxim of the aff is consistent with the rational will.
   First,
   Second, there is a distinction between right and virtue. Right refers to external freedom, i.e. your ability to not be coerced, whereas virtue refers to a more internal freedom, i.e. you being internally motivated to make an ethical choice. Restricting free speech prevents being from being able to truly act on ethical choices.
   Helga Varden 10 (University of Illinois at Urbana-Champaign). “A Kantian Conception of Free Speech”. Springer, 22 May 2010. http://link.springer.com/chapter/10.10072F978-90-481-8999-1_4 RC
   The first upshot of this conception of right is that anything that concerns morality as
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   to both internal and external use of choice, it cannot be enforced.
   Third, it’s impossible for words to violate someone’s external freedom since it is up to the listener to believe them or not.
   Helga Varden 2 (University of Illinois at Urbana-Champaign). “A Kantian Conception of Free Speech”. Springer, 22 May 2010. http://link.springer.com/chapter/10.10072F978-90-481-8999-1_4 RC
   This distinction between internal and external use of choice and freedom explains why Kant maintains
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   cannot be seen as involving wrongdoing from the point of view of right.
   Moreover, simply saying something immoral or reprehensible is different from coercion via threats.
   Helga Varden 3 (University of Illinois at Urbana-Champaign). “A Kantian Conception of Free Speech”. Springer, 22 May 2010. http://link.springer.com/chapter/10.10072F978-90-481-8999-1_4 RC
   Second, it is important to distinguish threats of coercion from merely immoral speech.
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   me. Hence, threats are not considered mere speech on this view.
   Underview
   Silencing bigots only re-entrenches their position and galvanizes their opposition to social justice movements
   Levinovitz 16 Alan Levinovitz, assistant professor of religion at James Madison University, “How Trigger Warnings Silence Religious Students,” The Atlantic, August 30, 2016, http://www.theatlantic.com/politics/archive/2016/08/silencing-religious-students-on-campus/497951/
    There is no doubt that in America, the perspective of white, heterosexual
   AND
   deeply held beliefs. It would be a shame to execute him again.
   Allowing for freedom of discussion solves better for issues of hate speech.
   ACLU Hate Speech On Campus, https://www.aclu.org/other/hate-speech-campus
   Where racist, sexist and homophobic speech is concerned, the ACLU believes that more
   AND
   , possibly change them, and forge solidarity against the forces of intolerance.

Tournament: HW | Round: 4 | Opponent: Brentwood | Judge: Sujay Singh
The aff’s reliance on the constitution as the basis for liberty is incoherent as it ignores the constitutions roots in its own suspension and basis for coercion.
Colin Christensen (Emory and Henry College). “Constitutional Regulation, Exception and Anomie: How states of exception inspire functional and moral anomie within the American constitutional system”. No Date. https://www.google.com/url?sa=tandrct=jandq=andesrc=sandsource=webandcd=2andcad=rjaanduact=8andved=0ahUKEwiwocK1iqzRAhVO4mMKHUvhDJ8QFgghMAEandurl=https3A2F2Fwpsa.research.pdx.edu2Fpapers2Fdocs2FConstitutional2520Regulation2C2520Exception2520and2520Anomie_Christensen_WPSA.docxandusg=AFQjCNFg0Vo9zVgeaWFS66jYW0WoxdMi2Qandsig2=S22hmphS4T3B2-J_SlVVfA RC
Within the American constitutional system, it is axiomatic that a “constitutional right implies
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of exerting coercive power over both the government and the individual citizen alike.
It empirically proven that the constitution has molded by the state serve it own interest—courts set precedent to further establish the free market.
Owen M. Fiss 86 (Sterling Professor at Yale Law School). “Free Speech and Social Structure”. Yale Law School Legal Scholarship Repository, 1986. http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=2211andcontext=fss_papers RC
These cases presented the Court with extremely difficult issues, perhaps the most difficult of
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democracy. And they seemed to do so in a rather systematic way.
They assume that politics can control the law, that the we can actually control the actions of the sovereign. This fiction ignores that the sovereign controls it self with the power to create a state of exception clearing the way for genocide.
Anthony Downey 02. “Zones of Indistinction: Giorgio Agamben’s ‘Bare Life’ and the Politics of Aesthetics”. 2002. RC
“The ongoing politicisation of life today demands that a series of decisions be made
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committed there and whatever its denomination and specific topography. (HS 174)”
The state of exception opens up space for the worst atrocities imaginable—the state deems the human as non-human, clearing the way for genocide.
Jenny Edkins 2000 (Department of International Politics, University of Wales). “Sovereign Power, Zones of Indistinction, and the Camp”. 2000. RC
The camp is exemplary as a location of a zone of indistinction. Although in
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exception: the ex- clusion of both the sacred and the profane.
The alt is to “prefer not to” is a means of escaping the dependency of the law. It is not that we try to solve it through the use of another law or right, but rather we exert ourselves as independent of the law all together. This is the inoperativity of the law.
Jessica Whyte 09 (Senior Lecturer in Cultural and Social Analysis at Western Sydney University, Australia. She has published widely on theories of sovereignty and biopolitics, critical legal theory, critiques of human rights and contemporary continental philosophy. Her current research focuses on the politics of human rights and humanitarianism, and she is working on a book project on human rights and neoliberalism.). “‘I Would Prefer Not To’: Giorgio Agamben, Bartleby and the Potentiality of the Law”. Springer Science and Business, 2009. RC
What is the power of Bartleby’s phrase—‘I would prefer not to’—that
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a potentiality that is, most importantly, the potentiality of the law.
And, to “prefer not to” is a way of opening up space in the law by refusing to give an affirmation or negation of the law. We refuse to re-inscribe the narrative that the law can help us.
Jessica Whyte 09 (Senior Lecturer in Cultural and Social Analysis at Western Sydney University, Australia. She has published widely on theories of sovereignty and biopolitics, critical legal theory, critiques of human rights and contemporary continental philosophy. Her current research focuses on the politics of human rights and humanitarianism, and she is working on a book project on human rights and neoliberalism.). “‘I Would Prefer Not To’: Giorgio Agamben, Bartleby and the Potentiality of the Law”. Springer Science and Business, 2009. RC
Two key things are at stake in this attempt to assure the actuality of potentiality
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restoring it to contingency and enabling the forgotten to act on the present.

Tournament: UH | Round: 1 | Opponent: Kempner | Judge: Adam Brown
Cyberbullying is protected by the first amendment.
Aaron Short 14 (journalist for NY Post). “Cyberbullies Get First Amendment Protection”. NY Post, July 1, 2014. http://nypost.com/2014/07/01/cyberbullies-get-first-amendment-protection-from-court/ RC
Bullies hiding behind computer screens now have the First Amendment to protect them. The
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to post an insult should end where it affects a child’s mental state.”
Cyberbullying ruins lives—it destroys a student’s ability to participate in school, causes self harm, and further abuse later in life.
ETCB 16. “A Surprising Long-term Effect of Cyberbullying”. End To Cyber Bullying, 2016. http://www.endcyberbullying.org/a-surprising-long-term-effect-of-cyberbullying/
If someone repeatedly tells the victim online that he or she is worthless, useless
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of the abuse upon the psyche of the victim are anything but impermanent.

Tournament: Strake RR | Round: 1 | Opponent: Cedar Park | Judge: Adam Brown, Terrence Lonam
Promoting free speech on colleges would entail rejecting endowments from partisan donors
Kurtz 15 Stanley Kurtz, senior fellow at the Ethics and Public Policy Center and a former adjunct fellow with Hudson Institute,“A Plan to Restore Free Speech on Campus,” The National Review, December 7, 2015, http://www.nationalreview.com/corner/428122/plan-restore-free-speech-campus-stanley-kurtz
Fifth: Colleges and universities ought to adopt policies on institutional political neutrality based on
AND
Harvey Silverglate in its guide to academic freedom. Trustees should take note.
Schools with large endowments are able to recruit more low-income students which creates more material equalities on campus.
Freedman 13 Josh Freedman, policy analyst in the Economic Growth Program at the New America Foundation, “Why American Colleges Are Becoming a Force for Inequality,” The Atlantic, May 16, 2013, http://www.theatlantic.com/business/archive/2013/05/why-american-colleges-are-becoming-a-force-for-inequality/275923/
Not all colleges, however, would need to raise tuition drastically to pay for
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funds to cover its costs while remaining competitive in its levels of spending.
Endowments are key to college tech innovation – multiple warrants
Leigh 14 Steven R. Leigh, dean of CU-Boulder’s College of Arts and Sciences, “Endowments and the future of higher education,” University of Colorado, Boulder College of Arts and Sciences, March 4, 2014, http://www.colorado.edu/artsandsciences/news-events/message-dean/endowments-and-future-higher-education
These broad trends point directly to the need for CU-Boulder’s College of Arts
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affirm the importance of higher education and enduringly preserve its viability and vitality.
Innovation solves great power war
Taylor 04 Professor of Political Science, Massachusetts Institute of Technology (Mark, “The Politics of Technological Change: International Relations versus Domestic Institutions,” Massachusetts Institute of Technology, 4/1/2004
Introduction Technological innovation is of central importance to the study of international relations (IR
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, and war, international systems would not exist in the first place.

Tournament: Strake RR | Round: 1 | Opponent: Cedar Park | Judge: Adam Brown, Terrence Lonam
A. Counterplan Text: Public colleges and universities should ban hate speech, regardless of whether or not it is constitutionally protected.
B. It competes—its mutually exclusive.
The aff is just the myth of the free market—remove barriers and a “market place of ideas” will just magically show up. That fails to account for systemic oppression and marginalization of minorities.
Sean McElwee 13 (researcher and writer based in New York. His work has been featured on Policyshop, Salon, The Atlantic and The Rolling Stone.). “The Case for Censoring Hate Speech”. Huffington Post, 2013. http://www.huffingtonpost.com/sean-mcelwee/hate-speech-online_b_3620270.html RC
It’s interesting to note how closely this idea resembles free market fundamentalism: simply get
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groups looking to bring their pet issue to the attention of Facebook’s censors.”
Autonomy is not why we value free speech, rather it is only instrumentally valuable to promote good discourse, which autonomy ruins.
Owen M. Fiss 86 (Sterling Professor at Yale Law School). “Free Speech and Social Structure”. Yale Law School Legal Scholarship Repository, 1986. http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=2211andcontext=fss_papers RC
From this perspective, the protection of CBS's autonomy through the no-content-
AND
one book or to include one course necessarily entails the exclusion of another.
Don’t view this as free speech vs. censorship. Regulations can be used to ultimately enhance free speech. Not all voices are equal in the status quo—this prevents us from hearing all perspectives.
Robert Amdur 99 reviews Owen M. Fiss, “The Irony of Free Speech”. Review by:  Robert Amdur, the University of Chicago Press, 1999. RC
As an alternative, Fiss suggests that we should see regulations on speech
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of ‘‘racists, pornographers, and the rich’’ (p. 17).

Tournament: HW RR | Round: 3 | Opponent: Lynbrook | Judge: Rodrigo Paramo, Morven Sharp
A. Interpretation: the aff must defend the implementation of public colleges and universities not restricting free speech.
Resolved reflects policy passage before a legislative body.  Parcher 01
(Jeff, Fmr. Debate Coach at Georgetown University, February, http://www.ndtceda.com/archives/200102/0790.html)
(1) Pardon me if I turn to a source besides Bill. American
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or 'no' - which, of course, are answers to a question.
And, restrict is defined as to:
Google dictionary, “restrict”, https://www.google.com/search?sourceid=chrome-psyapi2andion=1andespv=2andie=UTF-8andq=restrictandoq=restrictandaqs=chrome..69i57j0l5.3011j0j7
deprive (someone or something) of freedom of movement or action
B. Violation:

1. Real World Education-
   90 of policymaking is deciding on implementation.
   Elmore 80
   Prof. Public Affairs at University of Washington, 1980 PolySci Quarterly 79-80, p. 605
   The emergence of implementation as a subject for policy analysis coincides closely with the discovery
   AND
   10 percent, leaving the remaining 90 percent in the realm of implementation.
   Real-world is an independent voter and outweighs fairness and education.
   Strait and Wallace 7
   L. Paul Strait and Brett Wallace, GMU and GWU, DRG 07 george Mason University and George Washington University, Debater’s Research Guide, 2007"The Scope of Negative Fiat and the Logic of Decision Making" http://groups.wfu.edu/debate/MiscSites/DRGArticles/2007/The20Scope20of20Negative20Fiat20and20the20Logic20of20Decision20Making.pdf mgt
   More to the point, debate certainly helps teach a lot of skills, yet
   AND
   are not grounded in the kind of logic actually used to make decisions.
   That also means I control the internal link to advocacy skills—being forced to defend the merits of a concrete political action
   2. ground.
   limits

Tournament: x | Round: 3 | Opponent: x | Judge: x
A. the neg must fiat the same actor as the aff.

Tournament: HW | Round: 5 | Opponent: Harrison | Judge: Ben Koh
Agency, or the setting and pursuing of ends, is inescapable.
Luca Ferrero 09 (Ph.D. from Harvard University and Associate Professor at the University of Wisconsin). "Constitutivism and the Inescapability of Agency." (2009). Pg. 7-8 RC
“The second feature that makes agency stand apart from ordinary enterprises is agencyʼ
AND
under agencyʼs own distinctive operation: Agency is closed under itself.”
Absent of a public authority, rights violations are inevitable.
Varden 10 “A Kantian Conception of Free Speech” by Helga Varden Chapter from: “Freedom of Expression in a Diverse World” edited by Deirdre Golash 2010
“The first important distinction between Kant and much contemporary liberal thought issues from Kant’s
AND
rather than as subject to anyone’s arbitrary choices.” (46-47)
Thus, the standard is consistency with the omnilateral will.
I contend that public colleges and universities have an obligation to restrict constitutionally protected free speech. And, according to Cornell Law, the Brandenburg v. Ohio U.S. Supreme Court decision maintains that seditious speech is protected by the First Amendment so long as it does not indicate an “imminent” threat.
https://www.law.cornell.edu/supremecourt/text/395/444 But, seditious speech is never compatible with an omnilateral will and must be restricted. The intent requires the right to destroy the state, which justifies the annihilation of all rights.
Varden 2 “A Kantian Conception of Free Speech” by Helga Varden Chapter from
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citizens, it is a public crime (6: 331).” (52

Tournament: TFA | Round: 2 | Opponent: Clements | Judge: Maddox Robinson
Part 1: Framing
I value morality since the resolution is question of right and wrong action. 

1. Dreaming of a perfect world and using ethical theories that don’t account for historical and empirical realities creates flawed ethical theories. We have to have a non ideal starting point.
   Charles Mills. “Ideal Theory” as Ideology. 2005. http://www.douglasficek.com/teaching/phi-102/mills.pdf RC
   “I suggest that this spontaneous reaction, far from being philosophically naïve or jejune
   AND
   , what defensible arguments for abstracting away from these realities could there be?”
   2. Governments have an obligation to reject forms of structural oppression—it prevents voices from being heard and comes first under any framework.
   WINTER AND LEIGHTON – D. D. Winter and Dana Leighton. “STRUCTURAL VIOLENCE SECTION INTRODUCTION”. 6/1/99 http://sites.saumag.edu/danaleighton/wp-content/uploads/sites/11/2015/09/SVintro-2.pdf
   “Finally, to recognize the operation of structural violence forces us to ask questions
   AND
   anger, and begin to think about how to reduce structural violence.
   Thus, the standard is rejecting structural oppression.
   Part 2: The Immigrant
   Immigrants and refugees are particularly vulnerable to the housing market.
   Office of the United Nations High Commissioner for Human Rights 14, The Right to Adequate Housing, Fact Sheet No. 21, 2014
   People on the move, whether they are refugees, asylum-seekers, internally
   AND
   housing strategies rarely include migrants, and will practically never include irregular migrants.
   The squo is failing horribly—there are no legal protections for undocumented immigrants.
   Robert Ley 13 (JD Northeastern College of Law). "Reviving Housing Rights of the Undocumented through Disparate Impact and the Fourteenth Amendment: The Problem with the FHA, Sec. 1981, and Preemption." Berkeley La Raza LJ 23 (2013): 35.
   A second difficulty with relying on the affirmative housing clause is that neither the clause
   AND
   their legal status, the FHA leaves them without any form of relief.
   Refugees and immigrants are in a unique position—they are particularly vulnerable since they are often unable to secure a job due to lack housing and vice versa, which reinforce each other.
   Jodilyn Gilleland 16 (JD Seattle University College of Law), Kaya Lurie, and Sara Rankin. "A Broken Dream: Homelessness and Immigrants." (2016).
   Lack of gainful employment and meaningful work creates obstacles for immigrants seeking economic and social
   AND
   challenges are substantial barriers for immigrants, making them particularly vulnerable to homelessness.
   Even when they can get a job, their status often prevents them from being able to save money, but instead have to spend it all on housing.
   Jodilyn Gilleland 2 (JD Seattle University College of Law), Kaya Lurie, and Sara Rankin. "A Broken Dream: Homelessness and Immigrants." (2016).
   Immigrants also “lack safe, affordable housing in their communities.”96 Many immigrants
   AND
   and stability. This simply furthers the vulnerability of immigrant and refugee communities.
   Part 3: The House
   I advocate that the United States ought to guarantee a right to housing for people, independent of legal status, in the US. This entails banning the denial of housing based on legal status, or any other factor.
   Office of the United Nations High Commissioner for Human Rights 14, The Right to Adequate Housing, Fact Sheet No. 21, 2014
   In the context of durable solutions, an emerging norm of housing and property restitution
   AND
   human rights, humanitarian and refugee law, and on national standards.1
   ICE raid violate the right to housing.
   The Advocates for Human Rights 07, RIGHTS OF IMMIGRANTS IN AND MIGRANTS TO THE UNITED STATES: A CRITICAL LOOK AT THE U.S. AND ITS COMPLIANCE UNDER THE CONVENTION, U.S. Human Rights Network – CERD Shadow Report, 2007.  CERD stands for the UN “Convention on the Elimination of All Forms of Racial Discrimination”
   ICE has also conducted a series of home raids in communities with large populations of
   AND
   national or ethnic origin,” provided CERD Article 5(e)(iii).
   ICE raids are the result of racial discrimination, targeting undocumented workers, which prevents people from being able to have a right to housing.
   The Advocates for Human Rights 07, RIGHTS OF IMMIGRANTS IN AND MIGRANTS TO THE UNITED STATES: A CRITICAL LOOK AT THE U.S. AND ITS COMPLIANCE UNDER THE CONVENTION, U.S. Human Rights Network – CERD Shadow Report, 2007.  CERD stands for the UN “Convention on the Elimination of All Forms of Racial Discrimination”
   Since the United States filed its initial CERD Report in September 2000, U.
   AND
   violates the right to housing protected by Article 5(e)(iii).
   The aff is key to ensuring that immigrants can find shelter—their status often prevents them from even trying to get help.
   Jodilyn Gilleland 16 (JD Seattle University College of Law), Kaya Lurie, and Sara Rankin. "A Broken Dream: Homelessness and Immigrants." (2016).
   Due to their legal status, undocumented immigrants face additional barriers, such as labor
   AND
   , and in the shadows, in fear of being detained or deported.

Tournament: TFA | Round: 4 | Opponent: Reagan | Judge: Jen Melin
First, agency, by its very nature, is inescapable.
Luca Ferrero 09 (Ph.D. from Harvard University and Associate Professor at the University of Wisconsin). "Constitutivism and the Inescapability of Agency." (2009). Pg. 7-8 RC
“The second feature that makes agency stand apart from ordinary enterprises is agencyʼ
AND
under agencyʼs own distinctive operation: Agency is closed under itself.”
, identifying yourself as the cause of your actions is a necessary condition of agency.
Christine M. Korsgaard 99 (Professor at Harvard) . "Self-constitution in the ethics of Plato and Kant." The Journal of Ethics 3.1 (1999): 1-29.
“The first step is this: To conceive yourself as the cause of your
AND
then, requires identification with the principle of choice on which you act.”
And, the state of nature fails—it prevents us from being able to will and act.
Arthur Ripstein 09 (Professor of Law and Philosophy at the University of Toronto, and Chair of the Department of Philosophy). "Force and freedom." Kant’s Legal and Political Philosophy (2009).  RC
In this chapter, I develop Kant’s account of political authority as it is presented
AND
“no matter how good and right-loving human beings might be.”
We solve this through the use of the omnilateral will in public institutions.
Arthur Ripstein 2 (Professor of Law and Philosophy at the University of Toronto, and Chair of the Department of Philosophy). "Force and freedom." Kant’s Legal and Political Philosophy (2009).  RC
The remedy for each of the three defects is an institution that has moral powers
AND
, he has provided the resources to show why each branch is needed.
And, people must be able to set ends for themselves to remain free and independent of the will of others and thus be their own agent.
Arthur Ripstein 3 (Professor of Law and Philosophy at the University of Toronto, and Chair of the Department of Philosophy). "Force and freedom." Kant’s Legal and Political Philosophy (2009).  RC
“Kant conceives of equal freedom differently. It is not a matter of people
AND
rights in question are, or how many such rights there might be.”
Thus, the standard is creating a system of equal and outer freedom.
Only universal law can give us reason to act—this entails respecting outer freedom.
Christine M. Korsgaard 06 ( Professor at Harvard) “Morality and the Logic of Caring: A Comment on Harry Frankfurt”. Pg. 7 RC
“If practical reasons are public, however, it must be possible for us
AND
reasons, then it turns out to be something like Kant’s moral law.”
Impact Calculus-

1. Intended harms outweigh foreseen harms because the intent determines the action, so foreseen harms are irrelevant.
   Christine Korsgaard 14 (Professor at Harvard University) “How to be an Aristotelian Kantian Constitutivist.” 2014
    “First of all, no one thinks a wholly “external performance,”
   AND
   to at least intend to transmit the sandwich from my possession to yours.”
   Contention
   I advocate that the United States Federal government ought to ban the practice of redlining, or the refusal to give house loans based on race, predatory lending, and “retail redlining”.
   Current housing regulations to protected against discrimination aren’t being enforced.
   George Lipsitz 06 (Professor of Sociology, UCSB). The possessive investment in whiteness: How white people profit from identity politics. Temple University Press, 2006.
   The death of Dr. King in 1968—and the riots that erupted in
   AND
   responded by ceasing construction of all new public housing in order to evade integration
   Redlining is based on exploitation and differential status, creating a racial hierarchy.
   Ta-Nehisi Coates 14 (national correspondent at The Atlantic, where he writes about culture, politics, and social issues. He is the author of The Beautiful Struggle and Between the World and Me.). “The Case for Reparations”. The Atlantic, June 2016. http://www.theatlantic.com/magazine/archive/2014/06/the-case-for-reparations/361631/ RC
   In Chicago and across the country, whites looking to achieve the American dream could
   AND
   is loafing.” Contract sellers became rich. North Lawndale became a ghetto.
   This uses people as a means to end—black people were and still are exploited by housing attorneys to create profit.
   This creates a system of dependency, in which blacks are unable to live for themselves, but are rather dictated by the will of white property owners. The state has an obligation to fix this.
   Arthur Ripstein 4 (Professor of Law and Philosophy at the University of Toronto, and Chair of the Department of Philosophy). "Force and freedom." Kant’s Legal and Political Philosophy (2009).  RC
   Instead, The Metaphysics of Morals says only that provisions must be
   AND
   dangers in the course of recreational activities or high-status careers.
   To clarify, this is something is due to the structure of the law that creates differential status. Differential status prevents us from having a system of equal and outer freedom. People are arbitrary limited with no other choices, creating a system of dependency.  Blacks are systemically segregated and denied access to resources in society.
   Emily Badger 15 (Washington DC reporter). “Redlining: Still a thing”. Washington Post, May 28, 2015. https://www.washingtonpost.com/news/wonk/wp/2015/05/28/evidence-that-banks-still-deny-black-borrowers-just-as-they-did-50-years-ago/ RC
   "Redlining" just sounds like an an old-timey term, a practice
   AND
   persistent redlining, though, still looks an awful lot like the original.

Tournament: TFA | Round: 3 | Opponent: Northland Christian | Judge: Eric Emerson
Policy such as the aff that use the state to target homelessness prop us neoliberalism.
Craig Willse 10 (assistant professor of cultural studies at George Mason University). "Neo-liberal biopolitics and the invention of chronic homelessness." Economy and Society 39.2 (2010): 155-184.
Those populations targeted as ‘chronically homeless’ would appear, then, to fit within
AND
racial subordination, even while organizing those ‘losses’ into productive economic enterprises.
Cities are sponges of capital—they absorb surplus value to further push off the inevitable crisis that is capitalism.
Kafui Attoh 11 (Macalester College and his PhD in Geography from Syracuse University, MA in urban studies). "What kind of right is the right to the city?." Progress in human geography 35.5 (2011): 669-685. RC
David Harvey (2008) situates the concept of the right to the city within
AND
to have a right to the city has a very particular meaning.24
Capitalism needs to expend surplus to be survive. Capitalism seeks to maximize profit, inevitably creating surplus value. Spending that surplus is used to justify further exploitation in name of creating more surplus, ad infinitum.
David Harvey 12 (Distinguished Professor of anthropology and geography at the Graduate Center of the City University of New York. He received his PhD in geography from the University of Cambridge in 1961). “Rebel cities: From the right to the city to the urban revolution”. Verso Books, 2012. RC
To claim the right to the city in the sense I mean it here is
AND
are broadly paralleled by the logistical curves of urbanization of the world's population.
The role of the ballot is to reject neoliberal and capitalist modes of production.
Capitalism causes inevitable crises, inequality, and dehumanization.
McClaren 13
Peter McClaren. Professor of Education, UCLA. “Critical Pedagogy Against Capitalist Schooling.” http://www.globaleducationmagazine.com/critical-pedagogy-againstcapitalist-schooling-socialist-alternative-interview-peter-mclaren/. Accessed 4/26/14.
While well-meaning progressive educators might be willing to criticize the manner in which
AND
homophobic pedagogies that respect diversity and work from a post-patriarchal perspective.
The alternative is complete rejection of the capitalist system; mere reform is insufficient because it ensures the system will regenerate itself stronger from the pieces left.
Joel Kovel 07, Professor of Social Studies at Bard, The Enemy of Nature, 2007, p 142-3
The value-term that subsumes everything into the spell of capital sets going a
AND
field into zones of greater concentration, expanded profitability — and greater ecodestruction.
Also, the alternative solves better than the aff: as long as capitalism persists, exploitation is inevitable and piecemeal reforms such as the right to housing will be inevitably rolled back. The alt is a pre-requisite to actually solving for the harms the aff identifies.
Richard Wolff 06 (Emeritus Professor of Economics, University of Massachusetts, Amherst). “Anti-Slavery and Anti-Capitalism”. 15 December 2006. http://www.rdwolff.com/content/anti-slavery-and-anti-capitalism
Thus, no surprise attaches to the fact, these days, that one widespread
AND
the wage system must be a component of their program for social change.

Tournament: TFA | Round: 1 | Opponent: LC Anderson | Judge: John Sims
Rights are means of exclusion and naïve security. They are a method for integrating people into the biopolitical sphere in which they depend on the state.
David M. Seymour 13 (legal scholar). “The Purgatory of the Camp: Political Emancipation and the Emancipation of the Political”. Google Books, 2013. RC
The idea of political sovereignty creating order ‘behind the backs’ of formal equality expressed
AND
, an emancipation of the political from within the ascendancy of political emancipation.
Rights are always conditional—they are a means of deciding who to include and exclude.
Giorgio Agamben 12 (Italian continental philosopher best known for his work investigating the concepts of the state of exception, form-of-life and homo sacer. The concept of biopolitics informs many of his writings). “Beyond Human Rights”. 2012. http://novact.org/wp-content/uploads/2012/09/Beyond-Human-Rights-by-Giorgio-Agamben.pdf RC
“The reasons for such impotence lie not only in the selfishness and blindness of
AND
human in itself is inconceivable in the law of the nation-state.”
The state of exception opens up space for the worst atrocities imaginable—the state deems the human as non-human, clearing the way for genocide.
Jenny Edkins 2000 (Department of International Politics, University of Wales). “Sovereign Power, Zones of Indistinction, and the Camp”. 2000. RC
The camp is exemplary as a location of a zone of indistinction. Although in
AND
exception: the ex- clusion of both the sacred and the profane.
The alternative is to prefer not to.
Jessica Whyte 09 (Senior Lecturer in Cultural and Social Analysis at Western Sydney University, Australia. She has published widely on theories of sovereignty and biopolitics, critical legal theory, critiques of human rights and contemporary continental philosophy. Her current research focuses on the politics of human rights and humanitarianism, and she is working on a book project on human rights and neoliberalism.). “‘I Would Prefer Not To’: Giorgio Agamben, Bartleby and the Potentiality of the Law”. Springer Science and Business, 2009. RC
What is the power of Bartleby’s phrase—‘I would prefer not to’—that
AND
a potentiality that is, most importantly, the potentiality of the law.
And, to “prefer not to” is a way of opening up space in the law by refusing to give an affirmation or negation of the law.
Jessica Whyte 09 (Senior Lecturer in Cultural and Social Analysis at Western Sydney University, Australia. She has published widely on theories of sovereignty and biopolitics, critical legal theory, critiques of human rights and contemporary continental philosophy. Her current research focuses on the politics of human rights and humanitarianism, and she is working on a book project on human rights and neoliberalism.). “‘I Would Prefer Not To’: Giorgio Agamben, Bartleby and the Potentiality of the Law”. Springer Science and Business, 2009. RC
Two key things are at stake in this attempt to assure the actuality of potentiality
AND
restoring it to contingency and enabling the forgotten to act on the present.
Instead the judge should use their ballot as a means of pushing counter-narratives to unveil and demystify the power of the sovereign—it’s the hope that we have for meaningful change that spills over this debate round. The judge as critical educator has an obligation to question the AC’s operation.
Ayten Gündoğdu 12 (Department of Political Science, Barnard College-Columbia University). “Potentialities of human rights: Agamben and the narrative of fated necessity”. 2012. http://www.palgrave-journals.com/cpt/journal/v11/n1/full/cpt201045a.html RC
“In his analysis of biopolitical sovereignty, Agamben provides us with what might be
AND
of the Law closed forever’ (1998, pp. 54, 55)

Tournament: TFA | Round: 1 | Opponent: LC Anderson | Judge: John Sims
A. Interpretation: The aff must defend that everyone gets a right to housing.
NESRI 16. “What is the Human Right to Housing”. National Economic and Social Rights Initiative. 2016. RC
Everyone has a fundamental human right to housing, which ensures access to a safe
AND
and are of particular relevance to the right to housing in the United States
B. Violation:
C. Standards:

1. Ground and Predictability.
   2. Common Usage.

Tournament: Apple Valley | Round: 2 | Opponent: Valley | Judge: David McNeil
I value morality since the resolution is normative. First, agency is inescapable.
Luca Ferrero 09 (Ph.D. from Harvard University and Associate Professor at the University of Wisconsin). "Constitutivism and the Inescapability of Agency." (2009). Pg. 7-8 RC
“The second feature that makes agency stand apart from ordinary enterprises is agencyʼ
AND
under agencyʼs own distinctive operation: Agency is closed under itself.”
And, identifying yourself as the cause of your actions is a constitutive condition of agency.
Christine M. Korsgaard 99 (Professor at Harvard) . "Self-constitution in the ethics of Plato and Kant." The Journal of Ethics 3.1 (1999): 1-29.
“The first step is this: To conceive yourself as the cause of your
AND
then, requires identification with the principle of choice on which you act.”
the state of nature fails—it prevents us from being able to will and act on ends.
Arthur Ripstein 09 (Professor of Law and Philosophy at the University of Toronto, and Chair of the Department of Philosophy). "Force and freedom." Kant’s Legal and Political Philosophy (2009).  RC
In this chapter, I develop Kant’s account of political authority as it is presented
AND
“no matter how good and right-loving human beings might be.”
We solve this through the use of the omnilateral will in public institutions.
Arthur Ripstein 2 (Professor of Law and Philosophy at the University of Toronto, and Chair of the Department of Philosophy). "Force and freedom." Kant’s Legal and Political Philosophy (2009).  RC
The remedy for each of the three defects is an institution that has moral powers
AND
, he has provided the resources to show why each branch is needed.
people must be able to set ends for themselves to remain free and independent of the will of others and thus be their own agent.
Arthur Ripstein 3 (Professor of Law and Philosophy at the University of Toronto, and Chair of the Department of Philosophy). "Force and freedom." Kant’s Legal and Political Philosophy (2009).  RC
Instead, The Metaphysics of Morals says only that provisions must be
AND
dangers in the course of recreational activities or high-status careers.
Thus, the standard is creating a system of equal and outer freedom.
Even if the status quo qualified immunity could work in theory, its application has functioned as a blanket that makes it impossible to hold police accountable due to abuse in its application.
Diana Hassel 09 (Professor, Roger Williams University School of Law). "Excessive Reasonableness." Ind. L. Rev. 43 (2009): 117.
The Court's development of the qualified immunity doctrine has stretched the rationale underlying the defense
AND
civil actions based on the Fourth Amendment will not effectively deter police violence.
Thus, I advocate that the United States ought to limit qualified immunity for police officers by removing the standard of whether a reasonable officer would have known their actions violate the law in excessive force cases.
Diana Hassel 2 (Professor, Roger Williams University School of Law). "Excessive Reasonableness." Ind. L. Rev. 43 (2009): 117.
The current regime poses at least three questions in resolving qualified immunity in an excessive
AND
2) whether a new legal standard has been applied by the court.
First, aff is key leveling the playing field, in which civilians are able to bring suits against officers—the aff is uniquely key.
Sam Wright 15 (Sam Wright is a dyed-in-the-wool, bleeding-heart public interest lawyer who has spent his career exclusively in nonprofits and government “Want to Fight Police Misconduct? Reform Qualified Immunity”.  Above the Law, Nov. 3, 2015. http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/?rf=1 RC
In order to truly hold police accountable for bad acts, civilians must be able
AND
bring about true accountability and change police behavior, this needs to change.
Second, removing the double reasonableness standard is key to a) consistency in the law and b) accountability for officers.
Diana Hassel 3 (Professor, Roger Williams University School of Law). "Excessive Reasonableness." Ind. L. Rev. 43 (2009): 117.
For example, in the Jennings v. Pare factual scenario discussed earlier, 164
AND
can start by making the rules applicable to such claims more simple and coherent
And, the aff is integral to consistency in the courts, which is necessary of a system of equal freedom.
John C. Jeffries 10 (Distinguished Professor, the University of Virginia School of Law. Thanks go to James McKinley and George Rutherglen for comments and to Wells Harrell for expert research assistance). “WHAT‘S WRONG WITH QUALIFIED IMMUNITY?”. Florida Law Review, Vol. 62, No. 2, Sept. 2010. http://poseidon01.ssrn.com/delivery.php?ID=852002002112004096073102028090127071121046022072028063018098021109095018067124117096001012057097017112026089000027079069119026021001010026044027023084005071086100029038073022105008090019023103066107115086096027122089075091102083089023006021079071111100andEXT=pdf)  RC
So what is ―qualified immunity‖? Qualified immunity is the doctrine that precludes damages
AND
describes qualified immunity as existing ―in a perpetual state of crisis.‖12
Limiting qualified immunity bolsters equal accountability and treatment under the law.
Lindsey De Stefan 16 (J.D. Candidate, 2017, Seton Hall University School of Law; B.A., Ramapo College of New Jersey). "“No Man Is Above the Law and No Man Is Below It:” How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct." Law School Student Scholarship. Paper 850. (2017).
By beginning to mending the qualified immunity doctrine in these ways,
AND
surely be a long path to rebuilding the trust that is so crucial.
The 4th amendment is key—the Supreme Court interprets in a way such that it empowers police while marginalizing people of color.
Devon Carbado 16 (Professor of Law, University of California, Los Angeles Law School.) "Blue-on-Black Violence: A Provisional Model of Some of the Causes." Geo. LJ 104 (2016): 1479-1581.
By prohibiting the government from engaging in unreasonable searches and seizures, the Fourth Amendment
AND
they engage people (the “immunities” protection of the Fourth Amendment).
Independent of deterrence, lawsuits lead to political reform for the better.
Joanna Schwartz 11 (Professor of Law, UCLA School of Law.) "What Police Learn from Lawsuits." Cardozo L. Rev. 33 (2011): 841.
The practices of the departments in my study are distinct in two significant ways from
AND
of sources to identify personnel and policy failings and possible ways to improve.

Tournament: Glenbrooks | Round: 2 | Opponent: Brentwood | Judge: Megan Nubel
I value morality since the resolution is normative. Every agent has a practical identity that is the source of value.
Christine M. Korsgaard 92, professor of Philosophy at Harvard University. “The Sources of Normativity”, The Tanner Lectures on Human Values
Those who think that the human mind is internally luminous and transparent to itself think
AND
identity, your nature; your obligations spring from what that identity forbids.
The content of normative claims has to be contained within themselves
David Velleman 05 (Professor of Philosophy at New York University). “A Brief Introduction to Kantian Ethics”. 2005.
Kant reasoned that if moral requirements don't derive their force from any external authority,
AND
that a requirement would carry authority simply by virtue of requiring that thing.
Thus, the standard is consistency in the rational will.
Absent a rational will, actions become unintelligible since the intent determines the action.
Christine Korsgaard 14 (Professor at Harvard University) “How to be an Aristotelian Kantian Constitutivist.” 2014
 “First of all, no one thinks a wholly “external performance,”
AND
to at least intend to transmit the sandwich from my possession to yours.”
Anything being good commits us to valuing it unconditionally.
Christine M. Korsgaard 06 ( Professor at Harvard) “Morality and the Logic of Caring: A Comment on Harry Frankfurt”. Pg. 7 RC
“If practical reasons are public, however, it must be possible for us
AND
reasons, then it turns out to be something like Kant’s moral law.”
I advocate that the United States ought to limit qualified immunity for police officers
First, qualified immunity prevents determination of what constitutes a rights violation.
Walker 15 Christopher J. Walker, Assistant Professor of Law, Michael E. Moritz College of Law, The Ohio State University, Aaron L. Nielson, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University, “The New Qualified Immunity,” Southern California Law Review, Vol. 89, pp. 1-65, Oct. 19, 2015
On the other hand, if one is concerned not only with courts reaching constitutional
AND
for the post-Pearson constitutional stagnation theory discussed in Part I.D
4th amendment proves
Devon Carbado 16 (Professor of Law, University of California, Los Angeles Law School.) "Blue-on-Black Violence: A Provisional Model of Some of the Causes." Geo. LJ 104 (2016): 1479-1581.
By prohibiting the government from engaging in unreasonable searches and seizures, the Fourth Amendment
AND
they engage people (the “immunities” protection of the Fourth Amendment).
Second, qualified immunity allows police to get away with rights violations. Even if it could work in theory, it has failed to work in reality.
Diana Hassel 09 (Professor, Roger Williams University School of Law). "Excessive Reasonableness." Ind. L. Rev. 43 (2009): 117.
The Court's development of the qualified immunity doctrine has stretched the rationale underlying the defense
AND
civil actions based on the Fourth Amendment will not effectively deter police violence.
limiting qualified immunity ensures police are able to held accountable for wrong doings.
Sam Wright 15 (Sam Wright is a dyed-in-the-wool, bleeding-heart public interest lawyer who has spent his career exclusively in nonprofits and government “Want to Fight Police Misconduct? Reform Qualified Immunity”.  Above the Law, Nov. 3, 2015. http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/?rf=1 RC
In order to truly hold police accountable for bad acts, civilians must be able
AND
bring about true accountability and change police behavior, this needs to change.
QI levels the field.
Lindsey De Stefan 16 (J.D. Candidate, 2017, Seton Hall University School of Law; B.A., Ramapo College of New Jersey). "“No Man Is Above the Law and No Man Is Below It:” How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct." Law School Student Scholarship. Paper 850. (2017).
By beginning to mending the qualified immunity doctrine in these ways,
AND
surely be a long path to rebuilding the trust that is so crucial.

Tournament: UT | Round: 3 | Opponent: Cy-Fair | Judge: Chase Hamilton
I value morality since the resolution is normative.  Morality requires that we create a society in which individuals are treated equally.
Arneson 13 -- Richard Arneson. “Egalitarianism” http://plato.stanford.edu/entries/egalitarianism/ 2013
“Several issues arise in considering Cohen versus Rawls. According to Rawls, a
AND
greater rights and privileges would reject the basic equal human worth premise. “

Thus, the standard is respecting equal human worth. Prefer this because all ethical theories assume equality, otherwise atrocities such as the holocaust and slavery become permissible. This means that equality is a constraint on any ethical theory. 

Contention 1: Police Violence

Qualified immunity destroys accountability for police officers-limitations are key. Bernick 15 Evan Bernick, https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/
The sad fact is that it is often effectively
AND
evidence-based determination of the constitutionality of the officer’s actions — can take place.
The aff solves- cases that the aff puts in court get interacted fairly and result in success while still protecting officers- there is no backlash.
Sheng 11
(Philip, B.A., Stanford University, John Arrillaga Scholar. An "Objectively Reasonable" Criticism of the Doctrine of Qualified Immunity in Excessive Force Cas-es Brought Under 42 U.S.C. § 1983 BYU Journal of Public Law 2011 The BYU Journal of Public Law 26 BYU J. Pub. L. 99)
A better approach might be to eliminate qualified immunity altogether in excessive force cases;
AND
as qualified immunity by allowing claims to be decided early on summary judgment.
Lawsuits deter brutality- empirically proven.
Gilles ’01 (Mirriam, Assistant Professor, Cardozo Law School, “In Defense of making Government Pay: The Deterrent Effect of Constitutional Tort Remedies,” Georgia Law Review, Vol. 35, 2001.)
The question of whether constitutional tort remedies serve any deterrent effect is, I think
AND
the knowledge that a suspect might sue for damages has no inhibitory effect.
Meta-studies prove that police accountability and legitimacy stops the culture of fear and spillovers to decrease overall violence.
Mazerolle et al 13, Lorraine, Sarah Bennett, Jacqueline Davis, Elise Sargeant and Matthew Manning, 2013, Legitimacy in Policing: A Systematic Review, http://thecapartnership.org/cms/assets/uploads/2016/02/Mazerolle_Legitimacy_Review-1.pdf
The systematic search found 163 studies that reported on police led interventions, and a
AND
and promote citizen satisfaction, confidence, compliance and cooperation with the police.
Case studies prove that litigation spurs legislation for positive policy reform, win or lose.
Richard A. L. Gambitta, Chair of the Political Science and Geography Department, University of Texas-San Antonio, GOVERNING THROUGH THE COURTS, ed. Gambitta, May, and Foster, 1981, p. 275-276.
Similar to the aftermath of the “winning” litiation in Serrano and Robinson,
AND
1979; Horowitz, 1977; Lehn, 1978; Scheingold, 1974).
Independent of deterrence, lawsuits lead to reform within systems for the better.
Joanna Schwartz 11 (Professor of Law, UCLA School of Law.) "What Police Learn from Lawsuits." Cardozo L. Rev. 33 (2011): 841.
The practices of the departments in my study are distinct in two significant ways from
AND
identify ways to address the underlying policy, training, or personnel problems.
Contention 2: Legal Limbo State
Qualified immunity prevents determination of what constitutes a rights violation, creating a legal limbo in which there are no clearly established laws.
Walker 15 Christopher J. Walker, Assistant Professor of Law, Michael E. Moritz College of Law, The Ohio State University, Aaron L. Nielson, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University, “The New Qualified Immunity,” Southern California Law Review, Vol. 89, pp. 1-65, Oct. 19, 2015
On the other hand, if one is concerned not only with courts reaching constitutional
AND
for the post-Pearson constitutional stagnation theory discussed in Part I.D
Things like the fourth amendment prove
Devon Carbado 16 (Professor of Law, University of California, Los Angeles Law School.) "Blue-on-Black Violence: A Provisional Model of Some of the Causes." Geo. LJ 104 (2016): 1479-1581.
By prohibiting the government from engaging in unreasonable searches and seizures, the Fourth Amendment
AND
they engage people (the “immunities” protection of the Fourth Amendment).
Contention 3: Drones
Being able to brings civil cases against police spills over into national security.
Rosa Brook 13 (Professor of Law, Georgetown University Law Center, and Senior Fellow, New America Foundation. Zach Klein, Georgetown Law '15, provided first-rate research assistance and many thoughtful comments). “The Trickle-Down War”. Yale Law and Policy Review, Vol. 3, Issue 2, Article 8. 2013. p. 600-601 http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1672andcontext=ylpr
In this brief Essay, I have focused on policing, the state secrets privilege
AND
justifications giving rise to these cases and ordinary civil litigation will increasingly blur.
And, civil litigation is key to checking the power of government officials—that deters drone strikes.
Benjamin Wittes 13 (Senior Fellow, the Brookings Institutions). “Drones and the War on Terror: When Can the U.S. Target Alleged American Terrorists Overseas?”. Governance Studies at Brookings, February 27, 2013. https://www.brookings.edu/testimonies/drones-and-the-war-on-terror-when-can-the-u-s-target-alleged-american-terrorists-overseas/ RC
In summary, notwithstanding the shrill rhetoric of its many critics, the Obama administration
AND
to target citizens in that menacing set and thus leaves such citizens unchecked.
Drones strikes rooted in fear of black and brown bodies around the world and aims for their extermination. They fuel hostility on both sides, which increases terrorism.
Motherboard 15. “Drone Strikes Fuel the Hatred that Led to Paris Attacks, Ex-Drone Pilots Say”. November 19, 2015. http://motherboard.vice.com/read/drone-strikes-fuel-the-hatred-that-led-to-paris-attacks-ex-drone-pilots-say RC
In the past week, hawkish politicians and government officials have seized on the terrorist
AND
shared, no matter what role they played in the military industrial complex.”
Contention 4: Human Rights
Qualified immunity leads to circumvention of rights and propagates police brutality – plan solves this.
Johnson 15 – Tabitha Johnson, : 2015(“QUALIFIED IMMUNITY OR JUSTIFIED BRUTALITY?: AN EXAMINATION OF THE QUALIFIED IMMUNITY DOCTRINE IN PETERSON V. KOPP” Tennessee Journal of Race, Gender, and Social Justice, Vol. 4:2 p.265-267)
The Eighth Circuit then addressed Peterson’s excessive force claim.43 During his arrest,
AND
and moral level, Peterson will provide precedent for further police brutality cases.
Police brutality is the largest cause of a decline in US cred on human rights – the UN Human Rights Council has smashed the US for it
Sheriff 15 - Natasja Sheriff, independent journalist and a visiting scholar at the Arthur L. Carter Journalism Institute: May 11, 2015(“US cited for police violence, racism in scathing UN review on human rights” Al Jazeera Available at http://america.aljazeera.com/articles/2015/5/11/us-faces-scathing-un-review-on-human-rights-record.html)
The United States was slammed over its rights record Monday at the United Nations’ Human
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," said Awada Angui of the U.N. delegation to Chad.
US leadership is key to the UN’s worldwide success in human rights
Lagon 5/17
Mark P. Lagon, Centennial Fellow and Distinguished Senior Scholar in the Walsh School of Foreign Service, Georgetown University: May 17, 2016(“A GLASS HALF FULL: WHY THE U.S. NEEDS TO BE ON THE U.N. HUMAN RIGHTS COUNCIL” Freedom House Available at https://freedomhouse.org/article/glass-half-full-why-us-needs-be-un-human-rights-council )
Active membership in the Council by the U.S. has contributed to successes
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be stronger over time for U.S. involvement in the Council.

Tournament: Apple Valley | Round: 3 | Opponent: New Trier | Judge: Bennet Eckert
Hillary wins now, but the latest poll proves her lead over Trump has narrowed after FBI revelations. Kirk and Scott 11/2
The Telegraph, Ashley Kirk and Patrick Scott, US election 2016 polls and odds tracker: Latest forecast Hillary Clinton's lead over Donald Trump narrows after FBI revelations, http://www.telegraph.co.uk/news/0/us-election-2016-polls-and-odds-tracker-latest-forecast/
The news that the FBI has reopened its investigation into Hillary Clinton's use of a
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in the coming days with some polls now showing a far closer race.
Actions in favor of anti-police sentiments will give Trump that last great surge, recent article concludes – Carl 9/22:
Jeremy Carl, Jeremy Carl is a research fellow at the Hoover Institution, Stanford University. 9-22-2016, "Will the Riots in Charlotte Help Elect Donald Trump?," National Review, http://www.nationalreview.com/article/440277/law-and-order-will-riots-charlotte-help-elect-donald-trump Read more at: http://www.nationalreview.com/article/440277/law-and-order-will-riots-charlotte-help-elect-donald-trump
With every wave of anti-police violence and rioting, the chance of a
AND
Barack Obama and Hillary Clinton to thank for the presidency it.
The next president is make it or break it for warming—a GOP presidency will undermine all possible progress on warming.
Neuhauser 15, energy, environment and STEM reporter for U.S. News and World Report. (Alan, “The Climate Change Election”, August 14, 2015, US News, http://www.usnews.com/news/the-report/articles/2015/08/14/the-2016-election-is-critical-for-stopping-climate-change)
For as long as Americans have voted and pundits have bloviated, each presidential election
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to address the problem in the next four years could be very serious."
Warming causes extinction.
Don Flournoy 12, Citing Feng Hsu, PhD NASA Scientist @ the Goddard Space Flight Center and Don is a PhD and MA from UT, former Dean of the University College @ Ohio University, former Associate Dean at SUNY and Case Institute of Technology, Former Manager for University/Industry Experiments for the NASA ACTS Satellite, currently Professor of Telecommunications @ Scripps College of Communications, Ohio University, “Solar Power Satellites,” January 2012, Springer Briefs in Space Development, p. 10-11
In the Online Journal of Space Communication , Dr. Feng Hsu, a  NASA
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simply too high for us to take any chances” (Hsu 2010 ).

Tournament: Apple Valley | Round: 1 | Opponent: Scarsdale | Judge: Terrence Lonam
Analytic.
The intent determines the action, so foreseen harms are irrelevant.
Christine Korsgaard 14 (Professor at Harvard University) “How to be an Aristotelian Kantian Constitutivist.” 2014
 “First of all, no one thinks a wholly “external performance,”
AND
to at least intend to transmit the sandwich from my possession to yours.”
Thus, the standard is consistency in the rational will.
Qualified immunity prevents individuals from being held accountable when there is a good will, they don't know they're in violation of the law at the time. ZIPURSKY:
Zipursky, Benjamin. “Reasonableness in and Out of Negligence Law.” No Date
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to pick out epistemic defensibility, as in the case of reasonable mistake.

Tournament: Apple Valley | Round: 1 | Opponent: Scarsdale | Judge: Terrence Lonam
A. Counterplan Text: The US will modify Monell Claims to operate according to a ‘conscious disregard’ standard instead of the current ‘deliberate indifference’ standard.
Amit Singh 15 (J.D. Candidate, University of the Pacific, McGeorge School of Law). "Accountability Matters: An Examination of Municipal Liability in Sec. 1983 Actions." The U. of Pac. L. Rev. 47 (2015): 105.
The Court should revisit the standard for municipal liability in § 1983 actions and provide
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policymaker, or those persons acting on behalf of a municipal policymaker. 8
The CP makes Monell claims easier to make.
Amit Singh 2 (J.D. Candidate, University of the Pacific, McGeorge School of Law). "Accountability Matters: An Examination of Municipal Liability in Sec. 1983 Actions." The U. of Pac. L. Rev. 47 (2015): 105.
Unlike the deliberate indifference standard, the conscious disregard standard provides an effective remedy for
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engaging in patterns or practices that violate the constitutional rights of citizens.'9
Monell claims force policy reform—individual suits only target the individual officers.
Myriam Gilles 2000 (Assistant Professor, Cardozo Law School) "In defense of making Government pay: the deterrent effect of constitutional tort remedies." Ga. L. Rev. 35 (2000): 845.
In addition to serving an informational function, municipal liability claims serve a "fault
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that the municipality will take steps to remedy the broader problems.
Monnell claims generate mass publicity, heavily inducing political actors to take reformative measures.
Myriam Gilles 2 (Assistant Professor, Cardozo Law School) "In defense of making Government pay: the deterrent effect of constitutional tort remedies." Ga. L. Rev. 35 (2000): 845.
I contend that the imposition of constitutional tort remedies at the municipal level serves important
AND
in dollars, clearly translate into the political currency that moves political actors.
Empirically proven to create effect change—it would lead to relief in the Tamir Rice case.
Amit Singh 3 (J.D. Candidate, University of the Pacific, McGeorge School of Law). "Accountability Matters: An Examination of Municipal Liability in Sec. 1983 Actions." The U. of Pac. L. Rev. 47 (2015): 105.
The first and third prongs of the conscious disregard standard require a municipal policymaker to
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disregard standard would also afford relief to the family of 21 Tamir Rice.
The CP is mutually exclusive—doing both makes Monell claims impossible.
Myriam Gilles 3 (Assistant Professor, Cardozo Law School) "In defense of making Government pay: the deterrent effect of constitutional tort remedies." Ga. L. Rev. 35 (2000): 845.
Second, the common practice of bifurcation serves to limits the efficacy
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the informational and fault-fixing functions of municipal liability lie inert. 10

Tournament: Grapevine | Round: 2 | Opponent: Cy-Fair | Judge: Kim Hsun
The standard is maximizing expected well being. 

1. Psychological evidence proves we don’t identify with our future selves. Continuous personal identity doesn’t exist.
   Alisa Opar (articles editor at Audubon magazine; cites Hal Hershfield, an assistant professor at New York University’s Stern School of Business; and Emily Pronin, a psychologist at Princeton) “Why We Procrastinate” Nautilus January 2014
   “The British philosopher Derek Parfit espoused a severely reductionist view of personal identity in
   AND
   to practice being good to others. One of them might be you.”
   This means util is the only coherent moral theory.
   A. Since a there is not continuous persons, distribution of goods among people is irrelevant, so we just maximize benefits among people.
   B. It is impossible to violate a constraint since identity is in constant flux. Anything such as a promise a made a year ago is no long my promise, etc.
   2. Public policy necessitates tradeoffs—that means util.
   Gary Woller BYU Prof., “An Overview by Gary Woller”, A Forum on the Role of Environmental Ethics, June 1997, pg. 10
   “Moreover, virtually all public policies entail some redistribution of economic or political resources
   AND
   unreasonableness while failing to adequately address the problem or actually making it worse.”
   A. Takes out util indicts—governments already use it in the squo, so calc indicts are empirically denied.
   B. Any theory based in constraints is useless. Government action inevitably violates some principle, so util is most plausible.
   C. Util is comparatively better to any other ethical theory—non-consequentialist theories paralyze government action which is always worse than a risk of not being able to use util.
   Resolved: Countries will phase out nuclear power by 2030.
   Caroline Lucas 12 (MP for Brighton Pavilion and a member of the cross-party parliamentary environment audit committee). “Why We Must Phase Out Nuclear Power”. The Gaurdian, 17 Feb 2012. https://www.theguardian.com/environment/2012/feb/17/phase-out-nuclear-power RC
   The inherent risk in the use of nuclear energy, as well as the related
   AND
   of a number of its ageing reactors by to up to 60 years.
   Advantage One: Proliferation
   Nuclear power substantially increases the probability of a nuclear terrorist attack happening.
   Bryan Early 13 (Associate Professor and Director of the Center for Policy Research and Project on International Security, Commerce, and Economic Statecraft, Departments of Political Science and Public Administration and Policy, University at Albany, SUNY), Matthew Fuhrmann, and Quan Li. "Atoms for Terror? Nuclear Programs and Non-Catastrophic Nuclear and Radiological Terrorism." British Journal of Political Science 43.04 (2013): 915-936.
   The presence and size of civilian nuclear infrastructure affects terrorist groups’ cost–benefit calculus
   AND
   -Qaeda agent worked in five US nuclear plants from 2002 to 2008.
   Terrorists are constantly trying to get into nuclear facilities and have even been successful in some cases. Even if they aren’t successful, it is still horrible for society.
   Bryan Early 13 (Associate Professor and Director of the Center for Policy Research and Project on International Security, Commerce, and Economic Statecraft, Departments of Political Science and Public Administration and Policy, University at Albany, SUNY), Matthew Fuhrmann, and Quan Li. "Atoms for Terror? Nuclear Programs and Non-Catastrophic Nuclear and Radiological Terrorism." British Journal of Political Science 43.04 (2013): 915-936.
   Nuclear power has become increasingly appealing as an alternative energy source due to growing energy
   AND
   noncatastrophic incidents occur even if they have not resulted in many human casualties.
   And, nuclear power plant encourages countries to pursue nuclear weapons which substantially increases the likelihood of proliferation.
   Matthew Fuhrmann 09 (Assistant Professor of Political Science at the University of South Carolina) Spreading Temptation, International Security, Vol. 34, No. 1 (Summer 2009), pp. 7–41
   This article argues that the conventional wisdom is wrong—and dangerous. All types
   AND
   . Fourth, this is especially true when a country’s security environment deteriorates.
   And, it is empirically proven—simply engaging in the production of nuclear power increase risk of proliferation.
   Robert Brown 14 (Professor Department of Political Science, Temple University,) and Jeffrey M. Kaplow. "Talking peace, making weapons IAEA technical cooperation and nuclear proliferation." Journal of Conflict Resolution (2014).
   Fuel cycle TC therefore has a positive and statistically significant association with nuclear weapons programs
   AND
   more than five times (from .14 percent to .75 percent).
   Terrorism causes extinction – defense mechanisms don’t check and a nuclear response is automated.
   Barrett et al 13—PhD in Engineering and Public Policy from Carnegie Mellon University, Fellow in the RAND Stanton Nuclear Security Fellows Program, and Director of Research at Global Catastrophic Risk Institute—AND Seth Baum, PhD in Geography from Pennsylvania State University, Research Scientist at the Blue Marble Space Institute of Science, and Executive Director of Global Catastrophic Risk Institute—AND Kelly Hostetler, BS in Political Science from Columbia and Research Assistant at Global Catastrophic Risk Institute (Anthony, 24 June 2013, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia,” Science and Global Security: The Technical Basis for Arms Control, Disarmament, and Nonproliferation Initiatives, Volume 21, Issue 2, Taylor and Francis)
   War involving significant fractions of the U.S. and Russian nuclear arsenals,
   AND
   making one or both nations more likely to misinterpret events as attacks. 16
   Advantage Two: Pollution
   Nuclear energy is simply not a viable to way to base a countries energy policy—its far to expensive and requires too much time to build. It also halts progress being made on renewable energy—nuclear energy is not a viable long term solution.
   Nick Stockton 16 (reporter for Wired). “Nuclear Power Is Too Safe To Save The World From Climate Change”. Wired.com, 4.3.16. RC
   So nuclear energy, not very dangerous. Three cheers for concrete, plumbing,
   AND
   , society could save the uranium for cool stuff like powering interplanetary spaceships.
   Progress in being made in the energy sector, but nuclear energy halts that with a false sense of security.
   Michael T. Klare 15 (Expert on renewable and fossil fuel energy). "The Age of Wind and Solar Is Closer Than You Think". Scientific American, 2015. http://www.scientificamerican.com/article/the-age-of-wind-and-solar-is-closer-than-you-think/ RC
   There are, of course, many obstacles to the effective control of carbon emissions
   AND
   its superior price for delivered power over oil and gas-fired plants.
   And, the best studies prove that nuclear power accelerates global warming.
   Andrea Germanos 8/23 (senior editor and staff writer for Common Dreams, a progressive news source), New Study Casts Doubt on the Future of Nuclear Power, 8/23/2016, Ecowatch.  
   While it's been touted by some energy experts as a so-called "bridge
   AND
   a nuclear renaissance in the near-term, at least in Europe."
   Advantage 3: Mining
   Uranium mining is an ecological nightmare—it produces mass waste and contaminates water supplies.
   David Thorpe 08 (David Thorpe is a freelance environmental journalist and a news editor for Defra's Energy, Resource, Sustainable and Environmental Management magazine). " Extracting a Disaster". The Gaurdian, 2008. https://www.theguardian.com/commentisfree/2008/dec/05/nuclear-greenpolitics
   To produce the 25 tonnes or so of uranium fuel needed to keep your average
   AND
   carbon cost is often not in the country where the fuel is consumed.
   And, uranium mining is horribly inefficient and uses up resources—that causes conflicts.
   Carlo Koos 12 (a political scientist and research fellow at the GIGA Institute of African Affairs. He is a Ph.D. candidate at the University of Hamburg), and Matthias Basedau. "Does uranium mining increase civil conflict risk? Evidence from a spatiotemporal analysis of Africa from 1945 to 2010." German Institute of Global and Area Studies 205 (2012).
   In 2009 Africa accounted for 18 percent of global uranium production (WNA 2011a).
   AND
   that feel excluded from the benefits but nevertheless have to carry the burden.
   Water crises cause escalating global conflict.
   Rasmussen 11 (Erik, CEO, Monday Morning; Founder, Green Growth Leaders) “Prepare for the Next Conflict: Water Wars” HuffPo 4/12
   For years experts have set out warnings of how the earth will be affected by
   AND
   and "business as usual" prevails, then water wars will accelerate.
   That goes nuclear
   Zahoor 12 (Musharaf, Researcher at Department of Nuclear Politics – National Defense University, Water Crisis can Trigger Nuclear War in South Asia, http://www.siasat.pk)
   Water is an ambient source, which unlike human beings does not respect boundaries.
   AND
   being faced by Pakistan, which can only be resolved through political will.

Tournament: St Marks | Round: 2 | Opponent: Immaculate Heart LM | Judge: Lawrence Zhou
Modern politics and ethics are hopeless—all assume a idea that the there is hope of change, but this ignores that the state is the ultimate sovereign. It controls itself, with the ability to arbitrarily apply rules to anyone at any time.
Giorgio Agamben 12 (Italian continental philosopher best known for his work investigating the concepts of the state of exception, form-of-life and homo sacer. The concept of biopolitics informs many of his writings). “Beyond Human Rights”. 2012. http://novact.org/wp-content/uploads/2012/09/Beyond-Human-Rights-by-Giorgio-Agamben.pdf RC
“The reasons for such impotence lie not only in the selfishness and blindness of
AND
human in itself is inconceivable in the law of the nation-state.”
This is the distinction between bare life and qualified life—bare life is life without any legal protection, where as qualified life has thing like civil rights. But, qualified life is an illusion that allows for the state to operate. Things such as a right only make sense in the context of a state.
Anthony Downey 02. “Zones of Indistinction: Giorgio Agamben’s ‘Bare Life’ and the Politics of Aesthetics”. 2002. RC
“Lives lived on the margins of social, political, cultural, economic and
AND
that is based not on rights as such but the suspension of rights.”
And, this distinction is what opens up space for a zone of indistinction—a state where the worst atrocities imaginable are able to happen.
Jenny Edkins 2000 (Department of International Politics, University of Wales). “Sovereign Power, Zones of Indistinction, and the Camp”. 2000. RC
The camp is exemplary as a location of a zone of indistinction. Although in
AND
exception: the ex- clusion of both the sacred and the profane.
Instead the judge should use their ballot as a means of pushing counter-narratives to unveil and demystify the power of the sovereign—it’s the hope that we have for meaningful change that spills over this debate round. The judge as critical educator has an obligation to question this.
Ayten Gündoğdu 12 (Department of Political Science, Barnard College-Columbia University). “Potentialities of human rights: Agamben and the narrative of fated necessity”. 2012. http://www.palgrave-journals.com/cpt/journal/v11/n1/full/cpt201045a.html RC
“In his analysis of biopolitical sovereignty, Agamben provides us with what might be
AND
become homines sacri (1998, pp. 38, 176, 111)
Moreover, any attempt to make political change requires that the we take into account the states power to declare a state of exception. This begins with an analysis of bare life.
Jenny Edkins 2000 (Department of International Politics, University of Wales). “Sovereign Power, Zones of Indistinction, and the Camp”. 2000. RC
This move of biological life to the center of the political scene in the West
AND
a po- litically qualified life can no longer be effective as such.
Part 2: The Nuclear State
Nuclear power creates the state of exception that justifies endless violence—it creates it own regime of truth that forces people to submit to it.
Raminder Kaur 11 (Professor of Anthropology and Cultural Studies, University of Sussex). "A ‘nuclear renaissance’, climate change and the state of exception." The Australian Journal of Anthropology 22.2 (2011): 273-277.
Because of the indeterminacy between atoms for peace and atoms for war, the nuclear
AND
becomes, ironically, a powerful mascot of ‘clean and green’ energy.
And, nuclear power necessitates the biopolitical management of subjects, creating an authoritarian state.
Lawrence et al 16 -- Lawrence, Andrew (PhD in International Relations, Diplomatic Academy of Vienna) , Benjamin Sovacool (director of the Danish Center for Energy Technology at the Department of Business Technology and Development and a professor of social sciences at Aarhus University. He is also professor of energy policy at the University of Sussex, where he directs both the Center on Innovation and Energy Demand and the Sussex Energy Group. He is the author or editor of eighteen books and 300 peer-reviewed academic articles and chapters. Editor-in-chief of Energy Research and Social Science) and Andrew Stirling (Professor of Science and Technology Policy, University of Sussex). "Nuclear energy and path dependence in Europe’s ‘Energy union’: coherence or continued divergence?" Climate Policy 16.5 (2016): 622-641.
Nuclear technologies appear deeply woven into the politics of modernity, fundamentally conditioning modalities for
AND
‘become increasingly well policed’ (Winner, 1986, p. 175).
Nuclear power represents the states claim on capital—its control of energy is highest level at which it can control society. That kills democracy and allows for mass violence.
Sabu Kohso 15 (writer and translator, He has written three books in Japanese on social movements and progressive culture of NYC in relationship with the formation of urban space, as well as a book on the geographical and deterritorial lineage of anarchist thought across the world). "Constellations of the Fukushima Problematic: Socialization, Capitalism, and Struggle." boundary 2 42.3 (2015): 37-54.
Nuclear power is essentially Janus-headed—military and civilian— and provides the
AND
and so on. I call this entirety the “global nuclear regime.”
Nuclear power is capitalist—it’s not safe, economical, or clean.
Sabu Kohso 15 (writer and translator, He has written three books in Japanese on social movements and progressive culture of NYC in relationship with the formation of urban space, as well as a book on the geographical and deterritorial lineage of anarchist thought across the world). "Constellations of the Fukushima Problematic: Socialization, Capitalism, and Struggle." boundary 2 42.3 (2015): 37-54.
 Despite the claims of pronuclear discourses, nuclear power is not in the least
AND
than constructing more nuclear power plants in order to increase its rate base.
Nuclear is top down—it’s forced down onto the people in order for the state to maintain a hold on capital.
Sabu Kohso 12 (independent writer and translator, a native of Japan, living in NYC since 1980. He has written three books in Japanese on social movements and progressive culture of NYC in relationship with the formation of urban space, as well as a book on the geographical and deterritorial lineage of anarchist thought across the world).  “Radiation and Revolution”. Borderlands, 2012. RC
Facing the expectation of slow death, the people in Japan are fighting for their
AND
hindrance to and target of anti-capitalist and anti-statist objectives.
Nuclear power and the state are interwoven—the radiation is a means of propping up the state.
Sabu Kohso 12 (independent writer and translator, a native of Japan, living in NYC since 1980. He has written three books in Japanese on social movements and progressive culture of NYC in relationship with the formation of urban space, as well as a book on the geographical and deterritorial lineage of anarchist thought across the world).  “Radiation and Revolution”. Borderlands, 2012. RC
Direct confrontation with this nuclearity announces the advent of a new age; an age
AND
is telling of the nature of the struggles today and in the future.
Nuclear power is a gateway issue—this is key to social mobility and creating effective change.
Sabu Kohso 12 (independent writer and translator, a native of Japan, living in NYC since 1980. He has written three books in Japanese on social movements and progressive culture of NYC in relationship with the formation of urban space, as well as a book on the geographical and deterritorial lineage of anarchist thought across the world).  “Radiation and Revolution”. Borderlands, 2012. RC
From the vantage point of the global uprisings today, the global nuclear regime is
AND
all the struggles of the people for their survival, justice and hope.

Tournament: St Marks | Round: Finals | Opponent: Harvard Westlake | Judge: Scott Wheeler, Jonathan Horowitz, Varad Agarwala,
A. Counterplan text: All countries except Indonesia, Thailand, Malaysia, Philippines, Singapore, Vietnam, Myanmar, Cambodia, Laos, and Brunei (hereafter referred to as ASEAN) will prohibit the production of Russian state owned nuclear power
B. It competes—the CP doesn’t ban nuclear power for all Russian state owned nuclear power, just one’s in the aff’s harms.
ENERGY DEMAND IS INCREASING IN ASEAN COUNTRIES AND NUCLEAR IS THE ONLY OPTION TO MEET DEMAND
Nian 14, Victor (PhD, Energy Studies Institute, National University of Singapore), and S. K. Chou. "The state of nuclear power two years after Fukushima–The ASEAN perspective." Applied Energy 136 (2014): 838-848.
According to 27, the primary energy demand by ASEAN countries reached 511 megaton
AND
electricity imbalances in ASEAN in the coming decades is nuclear power.
These countries need nuclear power from Russia
WNA 16
Emerging Nuclear Energy Countries(Updated 13 September 2016)
http://www.world-nuclear.org/information-library/country-profiles/others/emerging-nuclear-energy-countries.aspx
One major issue for many countries is the size of their grid system. Many nuclear power plants are larger than the relevant tables in the Nuclear Power in China and Nuclear Power in Russia information papers:
NUCLEAR POWER CAN HELP THEIR NRG SECURITY, HELPS AVOID SHOCKS FROM FOSSIL FUEL PRICES—nuclear is the only alternative
Nian 2, Victor (PhD, Energy Studies Institute, National University of Singapore), and S. K. Chou. "The state of nuclear power two years after Fukushima–The ASEAN perspective." Applied Energy 136 (2014): 838-848.
The only way for a country to improve its energy security
spike in crude oil prices automatically has deleterious consequences on a country’s energy budget.
NUCLEAR NRG IS BETTER THAN THE ALTERNATIVES
Nian 3, Victor (PhD, Energy Studies Institute, National University of Singapore), and S. K. Chou. "The state of nuclear power two years after Fukushima–The ASEAN perspective." Applied Energy 136 (2014): 838-848.
For all fossil-fired power plants, a major portion of the
technology in decarbonizing the electricity sector.
ASEAN COUNTRIES ARE VULNERABLE TO CLIMATE CHANGE
Nian 4, Victor (PhD, Energy Studies Institute, National University of Singapore), and S. K. Chou. "The state of nuclear power two years after Fukushima–The ASEAN perspective." Applied Energy 136 (2014): 838-848.
According to Nian and others 40, climate change would severely affect the
 weather events are also leading to more frequent and extensive damages to properties and human lives.
NUCLEAR IS SAFER POST FUKUSHIMA
Nian 5, Victor (PhD, Energy Studies Institute, National University of Singapore), and S. K. Chou. "The state of nuclear power two years after Fukushima–The ASEAN perspective." Applied Energy 136 (2014): 838-848.
In addition to the International Experts’ Meetings, the IAEA revised a series of safety
power output, the new reactor design is capable of adjusting power output at the rate of 5 nominal power per minute at constant temperature.
Strong ASEAN key to prevent extinction through nuclear war
RAJARATNAM 92 (Sinnathamby, former Deputy Prime Minister of Singapore, “ASEAN The Way Ahead,” Sep 1, http://www.asean.org/asean/about-asean/history/item/asean-the-way-ahead-by-s-rajaratnam)
Should regionalism collapse, then ASEAN too will go the
 historical development, will
unleashed, would be the last war mankind will ever fight.

Tournament: x | Round: 1 | Opponent: x | Judge: x
A. if the affirmative read a plan with a solvency advocate that is disclosed on the NDCA LD wiki and the negative read a CP, the negative must have a solvency advocate.
A. If the aff defends that all countries should ban the production of nuclear power, then the negative may not garner offense from one single country enacting the aff.
A. The negative may not fiat that individuals use energy at a sustainable rate say that judge shouldn’t evaluate perms.

Tournament: Greenhill | Round: 4 | Opponent: Grapevine | Judge: Braden James
The aff is just another instance on of the sovereign encroaching on life—the state maintains a monopoly on power and dictates who is and is not political.  
Mick Smith 11 (Department of Philosophy and School of Environmental Studies , Queen's University , Kingston, Canada). “Against ecological sovereignty: Agamben, politics and globalization”. 23 Feb 2011. RC
Schmitt’s Political Theology (2005, p. 5) opens with his famous definition
AND
life’, that is, human existence stripped of its ethico-political possibilities
Second, they assume that politics can control the law. This fiction ignores that the sovereign controls it self with the power to create a state of exception clearing the way for genocide.
Anthony Downey 02. “Zones of Indistinction: Giorgio Agamben’s ‘Bare Life’ and the Politics of Aesthetics”. 2002. RC
“The ongoing politicisation of life today demands that a series of decisions be made
AND
committed there and whatever its denomination and specific topography. (HS 174)”
The state of exception opens up space for the worst atrocities imaginable—the state deems the human as non-human, clearing the way for genocide.
Jenny Edkins 2000 (Department of International Politics, University of Wales). “Sovereign Power, Zones of Indistinction, and the Camp”. 2000. RC
The camp is exemplary as a location of a zone of indistinction. Although in
AND
exception: the ex- clusion of both the sacred and the profane.
The alt is to prefer not to engage in the law. To “prefer not to” is a means of escaping the dependency of the law. It is not that we try to solve it through the use of another law or right, but rather we exert ourselves as independent of the law all together. This is the inoperativity of the law.
Jessica Whyte 09 (Senior Lecturer in Cultural and Social Analysis at Western Sydney University, Australia. She has published widely on theories of sovereignty and biopolitics, critical legal theory, critiques of human rights and contemporary continental philosophy. Her current research focuses on the politics of human rights and humanitarianism, and she is working on a book project on human rights and neoliberalism.). “‘I Would Prefer Not To’: Giorgio Agamben, Bartleby and the Potentiality of the Law”. Springer Science and Business, 2009. RC
What is the power of Bartleby’s phrase—‘I would prefer not to’—that
AND
a potentiality that is, most importantly, the potentiality of the law.
And, to “prefer not to” is a way of opening up space in the law by refusing to give an affirmation or negation of the law. We refuse to re-inscribe the narrative that the law can help us.
Jessica Whyte 09 (Senior Lecturer in Cultural and Social Analysis at Western Sydney University, Australia. She has published widely on theories of sovereignty and biopolitics, critical legal theory, critiques of human rights and contemporary continental philosophy. Her current research focuses on the politics of human rights and humanitarianism, and she is working on a book project on human rights and neoliberalism.). “‘I Would Prefer Not To’: Giorgio Agamben, Bartleby and the Potentiality of the Law”. Springer Science and Business, 2009. RC
Two key things are at stake in this attempt to assure the actuality of potentiality
AND
restoring it to contingency and enabling the forgotten to act on the present.

Tournament: Grapevine | Round: 3 | Opponent: Reagan | Judge: Akhil Gandra
A. Counterplan text: Consult indigenous people if they want nuclear power plants on their land.
B. It competes—they ban nuclear, the counterplan leaves the option up to the people who are affected by it.  
The counterplan solves the aff—they get use the power only if they see the benefit in it.
Noah Sachs 96 (Professor of Law Director, Robert R. Merhige Jr. Center for Environmental Studies at Richmond School of Law). "The Mescalero Apache and monitored retrievable storage of spent nuclear fuel: A study in environmental ethics." Natural Resources Journal 36 (1996): 641.
Second, if a community has decided for itself that the benefits outweigh the costs
AND
the intelligence to balance and protect adequately their own economic and environmental resources.
This is an independent reason to negate—they way they framed the aff is problematic which precludes any hope of the aff being able to solve for anything.
Russell 09 *Trisha Greenhaulgh, Professor of Primary Health Care at University College, London and Jill, senior lecturer in public policy at Queen Mary University, London (“Evidence-based policymaking: a critique,” Perspectives in Biology and Medicine, vol. 52, no. 2, Spring 2009, Academic OneFile)
A critical reading of this debate suggests that setting priorities for health care is a
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theoretical framework that places central focus on language, argumentation, and discourse.

Tournament: Greenhill | Round: 5 | Opponent: Collegiate | Judge: Aimun Khan
A. Interpretation: The affirmative must defend banning nuclear power in two or more countries. Countries is a plural noun.
Grammar Book. “Apostrophes”. http://www.grammarbook.com/punctuation/apostro.asp RC
Regular nouns are nouns that form their plurals by adding either the letter s or -es(guy, guys; letter, letters; actress, actresses; etc.). To show plural possession, simply put an apostrophe after the s.
B. Violation:
C. Standards:

1. Limits.
   2. Ground.

Tournament: St Marks | Round: Semis | Opponent: Greenhill | Judge: Scott Philips, Travis Fife, Lawrence Zhou
Your movement goes against the interests of the oppressed.
Yamamoto, Eric (Professor of Law, University of Hawai'i Law School; Visiting Professor of Law, Boalt Hall School of Law, University of California at Berkeley, 1999.)., and Jen-L. W. Lyman. "Racializing environmental justice." U. Colo. L. Rev. 72 (2001): 311.
The framework, however, at times also undercuts environmental justice struggles by racial and
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cynicism about environmentalists who sometimes treat them as mascots for the environmental cause.
The AC ignores the root cause of racism- rather than challenging the dominant white assumptions, you just treat a symptom.
Yamamoto 01, Eric (Professor of Law, University of Hawai'i Law School; Visiting Professor of Law, Boalt Hall School of Law, University of California at Berkeley, 1999.)., and Jen-L. W. Lyman. "Racializing environmental justice." U. Colo. L. Rev. 72 (2001): 311.
The established framework also assumes that fair distribution of physical burdens is the primary,
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the pluralism model cannot resolve all problems associated with environmental racism.
The concept of environmental justice misdiagnoses the problem- you simplify racism to a question of bodily characteristics, which ignores the social context of oppression.
Yamamoto, Eric (Professor of Law, University of Hawai'i Law School; Visiting Professor of Law, Boalt Hall School of Law, University of California at Berkeley, 1999.)., and Jen-L. W. Lyman. "Racializing environmental justice." U. Colo. L. Rev. 72 (2001): 311.
Finally, the established framework tends to assume that all racial and indigenous groups,
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courts and environmental justice scholars make this simplifying assumption about race and culture.
The alternative is to reject the 1AC’s absolute claims and recognize the groups as distinct and varying. This is a pre-condition to any solvency.
Yamamoto, Eric (Professor of Law, University of Hawai'i Law School; Visiting Professor of Law, Boalt Hall School of Law, University of California at Berkeley, 1999.)., and Jen-L. W. Lyman. "Racializing environmental justice." U. Colo. L. Rev. 72 (2001): 311.
As part of a critical re-examination, Native American legal scholars are attempting
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thus undermines the very thing it seeks to promote: genuine environmental justice.
A frame, or the way a problem is presented, shapes real-world policies actors take in order to combat these problems. Over time, dominant frames even become accepted as common knowledge.
Séverine Autesserre (Assistant Professor of Political Science at Barnard College, Columbia University.), "Dangerous Tales: dominant narratives on the Congo and their unintended consequences." African Affairs 111.443 (2012): 202-222.
“The study of narratives permeates a number of disciplines, from its dominance in
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and when they can latch on to pre-existing narratives.10”

Tournament: Grapevine | Round: 3 | Opponent: Reagan | Judge: Akhil Gandra
A. The affirmative must only defend that countries prohibit the production of nuclear power.
B. Violation:
C. Standards: 

1. Ground.
   Vote on fairness
   Drop debater
   Competing interps

Tournament: Grapevine | Round: 1 | Opponent: Trinity | Judge: Tyler Sullivan
Analytic
Violating freedom is contradictory.
Stephen Engstrom (PhD, Professor of Ethics at University of Pittsburg). “Universal Legislation As the Form of Practical Knowledge”. Pg. 19-20 RC
“Given the preceding considerations, it’s a straightforward matter to see how a maxim
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both the extension and the limitation of both their own and others’ freedom.”

The standard is respecting freedom.
Analytics
And, nuclear power is defined by The Free Dictionary as
The Free Dictionary. “Nuclear Power”. http://legal-dictionary.thefreedictionary.com/Nuclear+Power RC
A form of energy produced by an atomic reaction, capable of producing an alternative source of electrical power to that supplied by coal, gas, or oil.

Tournament: Greenhill | Round: Doubles | Opponent: Kinkaid | Judge: Arjun Tambe, Aimun Khan, Lawrence Zhou
Shifting away from nuclear power increases nanotech.
Hitoshi Nasu 13 (senior lecturer in law at the Australian National University, where he teaches international humanitarian and security law, military operations law, and migration law. He is the lead investigator for an Australian Research Council project on Australia’s legal response to the military and security applications of nanotechnology.), and Thomas Faunce. "Nanotechnology in Japan: A route to energy security after Fukushima?." Bulletin of the Atomic Scientists 69.5 (2013): 68-74.
Japan’s latest nanotechnology policy is subservient to four basic societal goals set out in the
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carbon dioxide into fuels such as methanol (Faunce et al., 2013a).
Nanotech leads to grey goo, which causes extinction and turns case.
Mark Prado 12 (Mark Prado, a space systems physicist, is the President and CEO of Permanent Space Resources, Inc.) “Nanotechnology.” GAIN (Genetics, Artificial Intelligence, and Nanotechnology). 2012. http://www.gainextinction.com/nanotechnology.html
Some nanotechnology researchers are looking into ways to manufacture nano products by, for example
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as human extinction or sudden ecosystem destruction. We see that rampantly already.
Nanotech is the most likely scenario for extinction. The author accounts for environmental harms and conflict.
Sean Coughlan 13 (BBC News education correspondent). “How are humans going to become extinct?” April 24th, 2013. http://www.bbc.co.uk/news/business-22002530
The Swedish-born director of the institute, Nick Bostrom, says the stakes
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that future governments will have a major challenge to control and restrict misuses.

Tournament: Greenhill | Round: Octas | Opponent: Westwood | Judge: Eric Melin, Arjun Tambe, Lawrence Zhou
A. If the aff defend that all countries should ban nuclear power, they may not defend that it differs based on each country’s “normal means” and refuse to specify what that entails.

Tournament: St Marks | Round: Doubles | Opponent: Harvard Westlake | Judge: Rodrigo Paramo, Jen Melin, Eric Melin
A. Interpretation: the affirmative may not defend banning a particular type of nuclear reactor.
ground
text

Tournament: St Marks | Round: Octas | Opponent: Harker | Judge: Akhil Gandra, Jonathan Horowitz, Braden James
RUSSIAN ECONOMY IS VULNERABLE BUT STABILIZING.
Reuters 9/4
Reuters (International News Agency), Putin says Russian economy stabilized, pledges budget deficit cuts, 9/4/2016
Russian President Vladimir Putin, in a speech at the G20
work on improving the business climate in Russia.
NUCLEAR NRG MARKET IS KEY TO THE RUSSIAN ECONOMY
Bronson, Rachel (executive director and publisher of the Bulletin of the Atomic Scientists.). "Power shift in the Middle East." Bulletin of the Atomic Scientists 72.1 (2016): 10-15.
Russia’s push into the Middle East seems part of a broader effort to dominate the global nuclear power sector, especially in emerging markets. As Cape Town expert Emma Lecavalier described in a recent Bulletin
Middle Eastern energy markets and security considerations.
Russian economic collapse creates multiple scenarios for nuclear war
Filger 9 – American-Canadian writer who is the founder of www.GlobalEconomicCrisis.com, one of the most visible websites on the Internet focused on the global economic crisis
(Sheldon, “Russian Economy Faces Disastrous Free Fall Contraction,” Huffington Post, May 10, 2009,http://www.huffingtonpost.com/sheldon-filger/russian-economy-faces-dis_b_201147.html)//AC
In 1987 I visited the Soviet Union with Republican Congressman
impact of the Global Economic Crisis is its least dangerous consequence.
Russian economy crucial for global economy
Suisse’14 Switzerland trading sector
https://suissegold.com/Market-Updates/cc-precious-metals-newsletter-march-23-2014.pdf
With businesses in Russia accounting for around
above that would more than likely induce a recession in the US/Europe
Global economic collapse results in nuclear war
Friedberg and Schenfeld, 8 (Aaron Friedberg-professor of politics and international relations at the Woodrow Wilson School, and Gabriel Schoenfeld-visiting scholar at the Witherspoon Institute, 10/21/2008, The Dangers of a Diminished America, The Wall Street Journal, p. HYPERLINK "http://online.wsj.com/article/SB122455074012352571.html?mod=googlenews_wsj" http://online.wsj.com/article/SB122455074012352571.html?mod=googlenews_wsj)
Then there are the dolorous consequences of a potential
emergence as a world economic and geopolitical power.

Tournament: Grapevine | Round: 1 | Opponent: Trinity | Judge: Tyler Sullivan
Nuclear power is key to avoiding fossils—it’s the most efficient and effective means of mass energy production.
Luke 13 (Max Luke, Graduate from McGill University, Canada, where he completed a B.Sc. in Environmental Science with minors in Economics and Biology, German Energiewende Successful, But We Still Need Nuclear Energy, 7-9-13, http://theenergycollective.com/maxluke/246801/german-energiewende-successful-we-still-need-nuclear)
But the success of Germany’s Energiewende at lowering costs and promoting innovation does not prove
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technically optimal replacement for large fossil-fueled power stations like coal plants.
It is simply not possible to transition to renewables, much less instantly. Even if we could, they are horrible for the ecosystem.
Gattuso ‘9 (Dana Joel Gattuso is a senior fellow in environmental policy at The National Center for Public Policy Research.  September 2009 “Renewable Energy: Truth and Consequences”
“As the U.S. Senate takes up climate change legislation, following
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wind, and biofuels. Renewable energy is a lose-lose proposition.
And, empirics flow neg—even if we can use renewables, we simply won’t, Japan proves.
David Ropeik 16 (instructor in the Environmental Studies Program of the Harvard Extension School, a consultant in risk communication, and author of How Risky Is It, Really? Why Our Fears Don’t Always Match the Facts.) , The dangers of radiophobia, Bulletin of the Atomic Scientists, 2016
Most directly, it sickens and fossil fuels kills by increasing air pollution
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power will sicken or kill thousands of people if it hasn’t already.
Global warming is real and causes extinction.
Don Flournoy 12, Citing Feng Hsu, PhD NASA Scientist @ the Goddard Space Flight Center and Don is a PhD and MA from UT, former Dean of the University College @ Ohio University, former Associate Dean at SUNY and Case Institute of Technology, Former Manager for University/Industry Experiments for the NASA ACTS Satellite, currently Professor of Telecommunications @ Scripps College of Communications, Ohio University, “Solar Power Satellites,” January 2012, Springer Briefs in Space Development, p. 10-11
In the Online Journal of Space Communication , Dr. Feng Hsu, a  NASA
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simply too high for us to take any chances” (Hsu 2010 ).