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Cal Berkeley Frazer-Idriss Aff

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USC	2	Opponent: Fullerton BS \| Judge: Brendon Bankey 1NC - Ableism K 2NC - Ableism K proper 1NR - Ableism K framework case 2NR - Ableism K

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1AC Habeas Tournament: USC \| Round: 2 \| Opponent: Fullerton BS \| Judge: Brendon Bankey The United States federal judiciary should order the release of individuals in military detention who have won their habeas corpus hearing. Contention 1 is Habeas– Status quo rulings relinquish the role of the Court in restraining executive war powers, making habeas corpus futile Milko 12 Winter, 2012, Jennifer L. Milko, “Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidance”, 50 Duq. L. Rev. 173 Arguments for a Remedy By urging deference....not utilizing their constitutional power properly. The Court sets a precedent for global rule of law, particularly habeas – undermining Boumediene causes global regression Scharf et al 9, PILPG Managing Director Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker and Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, “BRIEF OF THE PUBLIC INTERNATIONAL LAW and POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS”, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf The precedent of this Court has....Empirical Contribution to the Compliance Debate, 31 Cardozo L. Rev. 45, 64-65 (2009). Judicial action is critical to resolve the Kiyemba decisions and establish legitimate habeas laws Milko 12 Winter, 2012, Jennifer L. Milko, “Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidance”, 50 Duq. L. Rev. 173 In light of the compelling arguments on both sides...just a phrase with no underlying force. Reaffirming habeas rights shape global legal development through transnational judicial dialogue—war on terror means the aff’s precedent is uniquely key Scharf et al 9, PILPG Managing Director Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker and Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, “BRIEF OF THE PUBLIC INTERNATIONAL LAW and POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS”, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf TRANSNATIONAL JUDICIAL DIALOGUE CONFIRMS THIS COURT’S LEADERSHIP...law in foreign states during times of conflict. Transitional states looking to the US as a model with deteriorate into tyranny – the perception of a stable, legitimate judiciary is critical CJA 4, Center for Justice and Accountability 2004, The Center for Justice and Accountability (“CJA”) seeks, by use of the legal systems, to deter torture and other human rights abuses around the world., “BRIEF OF the CENTER FOR JUSTICE AND ACCOUNTABILITY, the INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, and INDIVIDUAL ADVOCATES for the INDEPENDENCE of the JUDICIARY in EMERGING DEMOCRACIES as AMICI CURIAE IN SUPPORT OF PETITIONERS”, http://www.cja.org/downloads/Al-Odah_Odah_v_US___Rasul_v_Bush_CJA_Amicus_SCOTUS.pdf A STRONG, INDEPENDENT JUDICIARY IS ESSENTIAL TO THE PROTECTION OF INDIVIDUAL FREEDOMS...democracies around the globe seek to ensure for their peoples. War can be made impossible in a world of liberal democratic norms – judicial globalization prevents war and creates global peace Kersch 6, Assistant Professor of Politics 2006, Ken I. Kersch, Assistant Professor of Politics, Princeton University. B.A., Williams; J.D., Northwestern; Ph.D., Cornell. Thanks to the Social Philosophy and Policy Center at Bowling Green State University, where I was a visiting research scholar in the fall of 2005, and to the organizers of, and my fellow participants in, the Albany Law School Symposium, Albany Law School, “The Supreme Court and international relations theory.”, http://www.thefreelibrary.com/The+Supreme+Court+and+international+relations+theory.-a0151714294 Liberal theories of international relations...fortify them against contemporary criticism. Independently, US rule of law leadership necessary to check authoritarian impulses in Russia—counter-terrorism policies are critical—that’s key to relations Mendelson 9, Director of Human Rights and Security Initiative @ CSIS 2009, Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, “U.S.-Russian Relations and the Democracy and Rule of Law Deficit,” CENTURY FOUNDATION REPORT, p. 3-4 Since the collapse of the Soviet Union in 1991, every U.S. administration...undercutting (yet again) U.S. soft power. Lack of democracy and rule of law in Russia prevents effective international cooperation on counterterrorism and arms control Mendelson 9, Director of Human Rights and Security Initiative @ CSIS 2009, Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, “U.S.-Russian Relations and the Democracy and Rule of Law Deficit,” CENTURY FOUNDATION REPORT, p. 3-4 What does any of this have to do with the Obama administration...authoritarian governments in this region. Decline in relations causes extinction Allison and Blackwill, 10/30/11 – * director of the Belfer Center for Science and International Affairs at Harvard’s Kennedy School AND Henry A. Kissinger senior fellow for U.S. foreign policy at the Council on Foreign Relations (Graham and Robert, “10 reasons why Russia still matters,” Politico, http://www.politico.com/news/stories/1011/67178.html That central point is that Russia matters a great deal...not one nuclear weapon has been found loose. Contention 2 is Legitimacy The U.S.’ inability to match international standards for habeas and judicial review undermines legitimacy and creates global resentment Metcalf 09, Director of Arthur Liman Public Interest Program and Law Professor December 2009, Hope Metcalf is Director of the Arthur Liman Public Interest Program and teaches a clinic on prisoners’ rights in the United States. She formerly directed the National Litigation Project of the Allard K. Lowenstein International Human Rights Clinic, which was founded in 2002 to respond to infringements on civil liberties and human rights arising out of U.S. counterterrorism policy, “BRIEF OF INTERNATIONAL LAW EXPERTS AS AMICI CURIAE IN SUPPORT OF PETITIONERS”, http://www.law.yale.edu/documents/pdf/cglc/Kiyamba_v_Obama_brief.pdf http://www.law.yale.edu/documents/pdf/cglc/Kiyamba_v_Obama_brief.pdf Since the mid-1970s, the United States...encourage the rest of the world to follow. Perception of US provision of habeas rights is critical to US soft power—it’s the vital aspect of US legal jurisprudence—court action is key Sidhu 11 2011, Dawinder S. Sidhu, J.D., The George Washington University; M.A., Johns Hopkins University; B.A., University of Pennsylvania, Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict”, NATIONAL SECURITY LAW BRIEF, Vol. 1, Issue 1 http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1003andcontext=nslb The “Great Wall” The writ of habeas...modern circumstances of the post-9/11 con?ict. The US is key to global stability and rule of law, but legitimacy is necessary for effectiveness – judicial action is critical Knowles 9 Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, “American Hegemony and the Foreign Affairs Constitution”, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87 American unipolarity has created a challenge...grapple with in adjudicating domestic disputes. US benevolent hegemony is critical to peace and stability—the alternative is global war US benevolent hegemony is critical to peace and stability—the alternative is global war Kromah 9, Masters Student in IR February 2009, Lamii Moivi Kromah at the Department of International Relations University of the Witwatersrand, “The Institutional Nature of U.S. Hegemony: Post 9/11”, http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1 A final major gain to the United States...extract contributions from other members of the system Judicial action creating a meaningful right to habeas is uniquely key to restore US legitimacy—comparatively more important than executive flexibility Knowles 9 Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, “American Hegemony and the Foreign Affairs Constitution”, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87 The Bush Administration's detainee policy made clear that...constitutional values reflect universal human rights. n449	1/3/14
1AC Habeas Tournament: USC \| Round: 2 \| Opponent: Fullerton BS \| Judge: Brendon Bankey The United States federal judiciary should order the release of individuals in military detention who have won their habeas corpus hearing. Contention 1 is Habeas– Status quo rulings relinquish the role of the Court in restraining executive war powers, making habeas corpus futile Milko 12 Winter, 2012, Jennifer L. Milko, “Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidance”, 50 Duq. L. Rev. 173 Arguments for a Remedy By urging deference....not utilizing their constitutional power properly. The Court sets a precedent for global rule of law, particularly habeas – undermining Boumediene causes global regression Scharf et al 9, PILPG Managing Director Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker and Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, “BRIEF OF THE PUBLIC INTERNATIONAL LAW and POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS”, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf The precedent of this Court has....Empirical Contribution to the Compliance Debate, 31 Cardozo L. Rev. 45, 64-65 (2009). Judicial action is critical to resolve the Kiyemba decisions and establish legitimate habeas laws Milko 12 Winter, 2012, Jennifer L. Milko, “Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidance”, 50 Duq. L. Rev. 173 In light of the compelling arguments on both sides...just a phrase with no underlying force. Reaffirming habeas rights shape global legal development through transnational judicial dialogue—war on terror means the aff’s precedent is uniquely key Scharf et al 9, PILPG Managing Director Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker and Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, “BRIEF OF THE PUBLIC INTERNATIONAL LAW and POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS”, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf TRANSNATIONAL JUDICIAL DIALOGUE CONFIRMS THIS COURT’S LEADERSHIP...law in foreign states during times of conflict. Transitional states looking to the US as a model with deteriorate into tyranny – the perception of a stable, legitimate judiciary is critical CJA 4, Center for Justice and Accountability 2004, The Center for Justice and Accountability (“CJA”) seeks, by use of the legal systems, to deter torture and other human rights abuses around the world., “BRIEF OF the CENTER FOR JUSTICE AND ACCOUNTABILITY, the INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, and INDIVIDUAL ADVOCATES for the INDEPENDENCE of the JUDICIARY in EMERGING DEMOCRACIES as AMICI CURIAE IN SUPPORT OF PETITIONERS”, http://www.cja.org/downloads/Al-Odah_Odah_v_US___Rasul_v_Bush_CJA_Amicus_SCOTUS.pdf A STRONG, INDEPENDENT JUDICIARY IS ESSENTIAL TO THE PROTECTION OF INDIVIDUAL FREEDOMS...democracies around the globe seek to ensure for their peoples. War can be made impossible in a world of liberal democratic norms – judicial globalization prevents war and creates global peace Kersch 6, Assistant Professor of Politics 2006, Ken I. Kersch, Assistant Professor of Politics, Princeton University. B.A., Williams; J.D., Northwestern; Ph.D., Cornell. Thanks to the Social Philosophy and Policy Center at Bowling Green State University, where I was a visiting research scholar in the fall of 2005, and to the organizers of, and my fellow participants in, the Albany Law School Symposium, Albany Law School, “The Supreme Court and international relations theory.”, http://www.thefreelibrary.com/The+Supreme+Court+and+international+relations+theory.-a0151714294 Liberal theories of international relations...fortify them against contemporary criticism. Independently, US rule of law leadership necessary to check authoritarian impulses in Russia—counter-terrorism policies are critical—that’s key to relations Mendelson 9, Director of Human Rights and Security Initiative @ CSIS 2009, Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, “U.S.-Russian Relations and the Democracy and Rule of Law Deficit,” CENTURY FOUNDATION REPORT, p. 3-4 Since the collapse of the Soviet Union in 1991, every U.S. administration...undercutting (yet again) U.S. soft power. Lack of democracy and rule of law in Russia prevents effective international cooperation on counterterrorism and arms control Mendelson 9, Director of Human Rights and Security Initiative @ CSIS 2009, Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, “U.S.-Russian Relations and the Democracy and Rule of Law Deficit,” CENTURY FOUNDATION REPORT, p. 3-4 What does any of this have to do with the Obama administration...authoritarian governments in this region. Decline in relations causes extinction Allison and Blackwill, 10/30/11 – * director of the Belfer Center for Science and International Affairs at Harvard’s Kennedy School AND Henry A. Kissinger senior fellow for U.S. foreign policy at the Council on Foreign Relations (Graham and Robert, “10 reasons why Russia still matters,” Politico, http://www.politico.com/news/stories/1011/67178.html That central point is that Russia matters a great deal...not one nuclear weapon has been found loose. Contention 2 is Legitimacy The U.S.’ inability to match international standards for habeas and judicial review undermines legitimacy and creates global resentment Metcalf 09, Director of Arthur Liman Public Interest Program and Law Professor December 2009, Hope Metcalf is Director of the Arthur Liman Public Interest Program and teaches a clinic on prisoners’ rights in the United States. She formerly directed the National Litigation Project of the Allard K. Lowenstein International Human Rights Clinic, which was founded in 2002 to respond to infringements on civil liberties and human rights arising out of U.S. counterterrorism policy, “BRIEF OF INTERNATIONAL LAW EXPERTS AS AMICI CURIAE IN SUPPORT OF PETITIONERS”, http://www.law.yale.edu/documents/pdf/cglc/Kiyamba_v_Obama_brief.pdf http://www.law.yale.edu/documents/pdf/cglc/Kiyamba_v_Obama_brief.pdf Since the mid-1970s, the United States...encourage the rest of the world to follow. Perception of US provision of habeas rights is critical to US soft power—it’s the vital aspect of US legal jurisprudence—court action is key Sidhu 11 2011, Dawinder S. Sidhu, J.D., The George Washington University; M.A., Johns Hopkins University; B.A., University of Pennsylvania, Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict”, NATIONAL SECURITY LAW BRIEF, Vol. 1, Issue 1 http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1003andcontext=nslb The “Great Wall” The writ of habeas...modern circumstances of the post-9/11 con?ict. The US is key to global stability and rule of law, but legitimacy is necessary for effectiveness – judicial action is critical Knowles 9 Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, “American Hegemony and the Foreign Affairs Constitution”, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87 American unipolarity has created a challenge...grapple with in adjudicating domestic disputes. US benevolent hegemony is critical to peace and stability—the alternative is global war US benevolent hegemony is critical to peace and stability—the alternative is global war Kromah 9, Masters Student in IR February 2009, Lamii Moivi Kromah at the Department of International Relations University of the Witwatersrand, “The Institutional Nature of U.S. Hegemony: Post 9/11”, http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1 A final major gain to the United States...extract contributions from other members of the system Judicial action creating a meaningful right to habeas is uniquely key to restore US legitimacy—comparatively more important than executive flexibility Knowles 9 Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, “American Hegemony and the Foreign Affairs Constitution”, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87 The Bush Administration's detainee policy made clear that...constitutional values reflect universal human rights. n449	1/3/14

Entry

Date

1AC Habeas

Tournament: USC | Round: 2 | Opponent: Fullerton BS | Judge: Brendon Bankey
The United States federal judiciary should order the release of individuals in military detention who have won their habeas corpus hearing.
Contention 1 is Habeas–
Status quo rulings relinquish the role of the Court in restraining executive war powers, making habeas corpus futile
Milko 12
Winter, 2012, Jennifer L. Milko, “Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidance”, 50 Duq. L. Rev. 173

Arguments for a Remedy By urging deference....not utilizing their constitutional power properly.

The Court sets a precedent for global rule of law, particularly habeas – undermining Boumediene causes global regression
Scharf et al 9, PILPG Managing Director
Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker and Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, “BRIEF OF THE PUBLIC INTERNATIONAL LAW and POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS”, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf

The precedent of this Court has....Empirical Contribution to the Compliance Debate, 31 Cardozo L. Rev. 45, 64-65 (2009).

Judicial action is critical to resolve the Kiyemba decisions and establish legitimate habeas laws
Milko 12
Winter, 2012, Jennifer L. Milko, “Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidance”, 50 Duq. L. Rev. 173

In light of the compelling arguments on both sides...just a phrase with no underlying force.

Reaffirming habeas rights shape global legal development through transnational judicial dialogue—war on terror means the aff’s precedent is uniquely key
Scharf et al 9, PILPG Managing Director
Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker and Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, “BRIEF OF THE PUBLIC INTERNATIONAL LAW and POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS”, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf

TRANSNATIONAL JUDICIAL DIALOGUE CONFIRMS THIS COURT’S LEADERSHIP...law in foreign states during times of conflict.

Transitional states looking to the US as a model with deteriorate into tyranny – the perception of a stable, legitimate judiciary is critical
CJA 4, Center for Justice and Accountability
2004, The Center for Justice and Accountability (“CJA”) seeks, by use of the legal systems, to deter torture and other human rights abuses around the world., “BRIEF OF the CENTER FOR JUSTICE AND ACCOUNTABILITY, the INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, and INDIVIDUAL ADVOCATES for the INDEPENDENCE of the JUDICIARY in EMERGING DEMOCRACIES as AMICI CURIAE IN SUPPORT OF PETITIONERS”, http://www.cja.org/downloads/Al-Odah_Odah_v_US___Rasul_v_Bush_CJA_Amicus_SCOTUS.pdf

A STRONG, INDEPENDENT JUDICIARY IS ESSENTIAL TO THE PROTECTION OF INDIVIDUAL FREEDOMS...democracies around the globe seek to ensure for their peoples.

War can be made impossible in a world of liberal democratic norms – judicial globalization prevents war and creates global peace
Kersch 6, Assistant Professor of Politics
2006, Ken I. Kersch, Assistant Professor of Politics, Princeton University. B.A., Williams; J.D., Northwestern; Ph.D., Cornell. Thanks to the Social Philosophy and Policy Center at Bowling Green State University, where I was a visiting research scholar in the fall of 2005, and to the organizers of, and my fellow participants in, the Albany Law School Symposium, Albany Law School, “The Supreme Court and international relations theory.”, http://www.thefreelibrary.com/The+Supreme+Court+and+international+relations+theory.-a0151714294
Liberal theories of international relations...fortify them against contemporary criticism.

Independently, US rule of law leadership necessary to check authoritarian impulses in Russia—counter-terrorism policies are critical—that’s key to relations
Mendelson 9, Director of Human Rights and Security Initiative @ CSIS
2009, Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, “U.S.-Russian Relations and the Democracy and Rule of Law Deficit,” CENTURY FOUNDATION REPORT, p. 3-4
Since the collapse of the Soviet Union in 1991, every U.S. administration...undercutting (yet again) U.S. soft power.

Lack of democracy and rule of law in Russia prevents effective international cooperation on counterterrorism and arms control
Mendelson 9, Director of Human Rights and Security Initiative @ CSIS
2009, Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, “U.S.-Russian Relations and the Democracy and Rule of Law Deficit,” CENTURY FOUNDATION REPORT, p. 3-4
What does any of this have to do with the Obama administration...authoritarian governments in this region.

Decline in relations causes extinction
Allison and Blackwill, 10/30/11 – * director of the Belfer Center for Science and International Affairs at Harvard’s Kennedy School AND Henry A. Kissinger senior fellow for U.S. foreign policy at the Council on Foreign Relations (Graham and Robert, “10 reasons why Russia still matters,” Politico, http://www.politico.com/news/stories/1011/67178.html

That central point is that Russia matters a great deal...not one nuclear weapon has been found loose.

Contention 2 is Legitimacy
The U.S.’ inability to match international standards for habeas and judicial review undermines legitimacy and creates global resentment
Metcalf 09, Director of Arthur Liman Public Interest Program and Law Professor
December 2009, Hope Metcalf is Director of the Arthur Liman Public Interest Program and teaches a clinic on prisoners’ rights in the United States. She formerly directed the National Litigation Project of the Allard K. Lowenstein International Human Rights Clinic, which was founded in 2002 to respond to infringements on civil liberties and human rights arising out of U.S. counterterrorism policy, “BRIEF OF INTERNATIONAL LAW EXPERTS AS AMICI CURIAE IN SUPPORT OF PETITIONERS”, http://www.law.yale.edu/documents/pdf/cglc/Kiyamba_v_Obama_brief.pdf
http://www.law.yale.edu/documents/pdf/cglc/Kiyamba_v_Obama_brief.pdf
Since the mid-1970s, the United States...encourage the rest of the world to follow.

Perception of US provision of habeas rights is critical to US soft power—it’s the vital aspect of US legal jurisprudence—court action is key
Sidhu 11
2011, Dawinder S. Sidhu, J.D., The George Washington University; M.A., Johns Hopkins University; B.A., University of Pennsylvania, Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict”, NATIONAL SECURITY LAW BRIEF, Vol. 1, Issue 1 http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1003andcontext=nslb
The “Great Wall” The writ of habeas...modern circumstances of the post-9/11 con?ict.

The US is key to global stability and rule of law, but legitimacy is necessary for effectiveness – judicial action is critical
Knowles 9 Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, “American Hegemony and the Foreign Affairs Constitution”, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87

American unipolarity has created a challenge...grapple with in adjudicating domestic disputes.
US benevolent hegemony is critical to peace and stability—the alternative is global war

US benevolent hegemony is critical to peace and stability—the alternative is global war
Kromah 9, Masters Student in IR
February 2009, Lamii Moivi Kromah at the Department of International Relations
University of the Witwatersrand, “The Institutional Nature of U.S. Hegemony: Post 9/11”, http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1
A final major gain to the United States...extract contributions from other members of the system

Judicial action creating a meaningful right to habeas is uniquely key to restore US legitimacy—comparatively more important than executive flexibility
Knowles 9 Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, “American Hegemony and the Foreign Affairs Constitution”, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87
The Bush Administration's detainee policy made clear that...constitutional values reflect universal human rights. n449

1/3/14

1AC Habeas

Arguments for a Remedy By urging deference....not utilizing their constitutional power properly.

The precedent of this Court has....Empirical Contribution to the Compliance Debate, 31 Cardozo L. Rev. 45, 64-65 (2009).

In light of the compelling arguments on both sides...just a phrase with no underlying force.

TRANSNATIONAL JUDICIAL DIALOGUE CONFIRMS THIS COURT’S LEADERSHIP...law in foreign states during times of conflict.

A STRONG, INDEPENDENT JUDICIARY IS ESSENTIAL TO THE PROTECTION OF INDIVIDUAL FREEDOMS...democracies around the globe seek to ensure for their peoples.

That central point is that Russia matters a great deal...not one nuclear weapon has been found loose.

American unipolarity has created a challenge...grapple with in adjudicating domestic disputes.
US benevolent hegemony is critical to peace and stability—the alternative is global war

1/3/14

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Created by Richard Idriss on 2014/01/02 18:29

Cal Berkeley Frazer-Idriss Aff

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