1AC - Kiyemba 1NC - Feminist Jurisprudence K case Block - K case 2NR - K
CSUF
5
Opponent: NYU DG | Judge: Boroujeni, Tom
1AC - Kiyemba 1NC - Security Heidegger case Block - case Heidegger Security 2NR - case Heidegger
CSUF
2
Opponent: Binghampton SS | Judge: Murillo, Gabe
1AC - Islamaphobia Aff 1NC - a K about methods it was strange block - K 2NR - K
Chico
2
Opponent: Fresno State BC | Judge: Peters, Donny
1AC - Islamaphobia 1NC - Identity-Epistemology K case Block - K case 2NR - K case
Chico
3
Opponent: Fullerton BS | Judge: Stevenson, James
1AC - Islamaphobia 1NC - Ableism K Block - Ableism 2NR - K
Chico
5
Opponent: Weber HH | Judge: Moore, Matt
1AC - Kiyemba Coast version 1NC - Ableism K case Block - all Ableism everything 2NR - Ableism
UNLV
2
Opponent: OU LW | Judge: James Stevenson
1AC - UNLV 1AC in the open source Democracy pre-empts 1NC - Baudrillard case Block - Baudrillard case 2NR - baudrillard case Baudrillard should not be a thing
UNLV
6
Opponent: ASU MY | Judge: Andy Larson
1AC Habeas wdemocracy and legitimacy 1NC T - restrict NSC CP court capital deference case Block NSC deference case 2NR NSC deference case
UNLV
7
Opponent: Texas DS | Judge: Derek Ziegler
1AC great writ wlegitimacy globalism 1NC Anthro Data Framework T - restriction Risk K deference XO CP case Block Anthro case Deference XO CP 2NR Anthro solvency
UNLV
3
Opponent: Weber OV | Judge: Sam Allen
1AC same as R2 judicial globalization wpreempts 1NC detention PIC Prisons K court capital XO Block Court capital detention PIC Prisons K case 2NR detention PIC
USC
4
Opponent: Whitman AP | Judge: Ryan Cheek
Kiyemba Aff 1NC - Detention K Agamben K DronesID trade-off DA case Block - Detention K Drones Shift DA case 2NR - Drones Shift DA case
USC
4
Opponent: Whitman AP | Judge: Ryan Cheek
Kiyemba Aff 1NC - Detention K Agamben K DronesID trade-off DA case Block - Detention K Drones Shift DA case 2NR - Drones Shift DA case
USC
5
Opponent: NYU EI | Judge: Andy Larson
1AC - Kiyemba aff 1NC - Dictum spec T - reduction case Terror DA XO CP Block - dictum case terror XO 2NR - XO (wasn't kicked properly) terror
USC
1
Opponent: ASU MY | Judge: Kephart
Same aff new cards 1NC - T - indefinite detention Deference NSC CP Risk K Block - Risk K T 2NR - T
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Cites
Entry
Date
1AC Islamaphobia
Tournament: CSUF | Round: 2 | Opponent: Binghampton SS | Judge: Murillo, Gabe
1AC
Contention 1 is the Status Quo
US detention policy is an act of Islamophobia informed by a culture of collective suspicion and prejudice
Koenigsknecht 12, Public History MA Candidate ~October 04, 2012, Theresa Koenigsknecht is Public History MA Candidate at Indiana University-Purdue University at Indianapolis, "Perspectives on Post 9/11 Prejudices: Islamophobia", http://blog.gitmomemory.org/2012/10/04/perspectives-on-post-911-prejudices-islamophobia/~~ Have the September 11th terrorist attacks changed how you view or treat others? For AND or treat those around them and in time provide an antidote for Islamophobia.
These constructions create a broader state of violence against Islamic bodies and bodies that are racially marked to look like them—this manifests itself in xenophobic profiling and immigration policies
Islamophobia shapes US foreign policy—notions of western superiority are a critical tool to drum up support for militaristic and elitist interventions
Kumar 13 ~09/11/13, Deepa Kumar is an Associate Professor of Media Studies and Middle Eastern Studies at the Rutgers University. She is the author of Islamophobia and the Politics of Empire and Outside the Box: Corporate Media, Globalization, and the UPS Strike being interviewed by Jessica Desvarieux, The Real News Network, "Twelve Years Post 9/11, Islamophobia Still Runs High", http://truth-out.org/video/item/18759-twelve-years-post-9-11-islamophobia-still-runs-high~~
KUMAR: Absolutely not. I think it is true that larger numbers of conservative AND Americans and people who look Muslim have been demonized since 9/11.
This dehumanization of foreign populations establishes horrific material conditions of violence—the way we conceive of and discuss foreign bodies matters
Collins and Glover 2 (John Collins, Ass. Prof. of Global Studies at St. Lawrence, and Ross Glover, Visiting Professor of Sociology at St. Lawrence University, 2002, Collateral Language, p. 6-7, The Real Effects of Language) As any university student knows, theories about the "social con¬struction" and social AND less likely to avert our mental gaze from the physical effects of violence.
====This detention of Islamic bodies establishes a form of constant dehumanization and perpetual warfare—the deeming of people as "dangerous" creates a free license for capture that establishes detention sites as a space of perpetual warfare==== Butler 6, Professor at UC Berkeley (Judith, "Precarious Life: The Powers of Mourning and Violence" Ch. 3: Indefinite Detention, pg 50) If a person is simply deemed dangerous, then it is no longer a matter AND sovereign right to self-protection outfianks any and all recourse to law.
The affirmative advocates a critical praxis centered on challenging islamophobic indefinite detention policies.
Despite the fact that I may never be affected by the targeting that occurs as a result of Islamophobia, I believe it is important to advocate for our praxis in this space is key—interrogating islamophobia in educational settings is critical to establish a critical consciousness that enables larger political projects
Housee 12, Senior Lecturer in Sociology ~Jan. 04 2012, Shirin Housee works at the School of Humanities, Languages and Social Sciences, University of Wolverhampton, UK "What’s the point? Anti-racism and students’ voices against Islamophobia", Volume 15, Issue 1~ Having reflected on the two seminar sessions on Islamophobia and the student comments, I AND is to education that our attention should be directed.’ (162)
Deconstructing and interrogating flawed assumptions behind Islamphobia is critical to establish a transformative and liberatory pedagogy that enables us as agents to challenge racist dynamics
Zine 4, Professor of Sociology and Equity Studies ~2004, Jasmin Zine is AND " is important to exposing how power operates through the politics of representation.
Text: The United States federal judiciary should require that the president cannot continue the detention of personnel that have successfully won a habeas corpus hearing.
Contention 1 – Judicial Globalism
Current rulings make habeas useless—this abdicates their key role
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~ A. Arguments for a Remedy By urging deference to the Executive Branch, the AND being improperly limited, as they are not utilizing their constitutional power properly.
Judicial remedy authority is the test case for judicial leadership on the rule of law globally—undermining habeas causes global backsliding
TRANSNATIONAL JUDICIAL DIALOGUE CONFIRMS THIS COURT’S LEADERSHIP IN PROMOTING ADHERENCE TO RULE OF LAW IN AND promoting respect for rule of law in foreign states during times of conflict.
Promoting a strong judiciary is necessary to make those transitions stable and democratic—detention policies specifically allow for global authoritarianism
CJA 3, Center for Justice and Accountability ~OCTOBER 2003, The Center for Justice 26 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 AND THE ESTABLISHMENT OF STABLE GOVERNANCE IN EMERGING DEMOCRACIES AROUND THE WORLD. A. Individual Nations Have Accepted and Are Seeking to Implement Judicial Review By A Strong, Independent Judiciary. Many of the newly independent governments that have proliferated over the past five decades have adopted these ideals. They have emerged from a variety of less-than-free contexts, including the end of European colonial rule in the 1950’s and 1960’s, the end of the Cold War and the breakup of the former Soviet Union in the late 1980’s and 1990’s, the disintegration of Yugoslavia, and the continuing turmoil in parts of Africa, Latin America and southern Asia. Some countries have successfully transitioned to stable and democratic forms of government that protect individual freedoms and human rights by means of judicial review by a strong and independent judiciary. Others have suffered the rise of tyrannical and oppressive rulers who consolidated their hold on power in part by diminishing or abolishing the role of the judiciary. And still others hang in the balance, struggling against the onslaught of tyrants to establish stable, democratic governments. In their attempts to shed their tyrannical pasts and to ensure the protection of individual rights, emerging democracies have consistently looked to the United States and its Constitution in fashioning frameworks that safeguard the independence of their judiciaries. See Ran Hirschl, The Political Origins of Judicial Empowerment through Constitutionalization: Lessons from Four Constitutional Revolutions, 25 Law 26 Soc. Inquiry 91, 92 (2000) (stating that of the "~m~any countries . . . ~that~ have engaged in fundamental constitutional reform over the past three decades," nearly all adopted "a bill of rights and establishe~d~ some form of active judicial review") Establishing judicial review by a strong and independent judiciary is a critical step in stabilizing and protecting these new democracies. See Christopher M. Larkins, Judicial Independence and Democratization: A Theoretical and Conceptual Analysis, 44 Am. J. Comp. L. 605, 605-06 (1996) (describing the judicial branch as having "a uniquely important role" in transitional countries, not only to "mediate conflicts between political actors but also ~to~ prevent the arbitrary exercise of government power; see also Daniel C. Prefontaine and Joanne Lee, The Rule of Law and the Independence of the Judiciary, International Centre for Criminal Law Reform and Criminal Justice Policy (1998) ("There is increasing acknowledgment that an independent judiciary is the key to upholding the rule of law in a free society . . . . Most countries in transition from dictatorships and/or statist economies recognize the need to create a more stable system of governance, based on the rule of law."), available at http://www.icclr.law.ubc.ca/Publications/Reports/RuleofLaw. pdf (last visited Jan. 8, 2004). Although the precise form of government differs among countries, "they ultimately constitute variations within, not from, the American model of constitutionalism . . . ~a~ specific set of fundamental rights and liberties has the status of supreme law, is entrenched against amendment or repeal . . . and is enforced by an independent court . . . ." Stephen Gardbaum, The New Commonwealth Model of Constitutionalism, 49 Am. J. Comp. L. 707, 718 (2001). This phenomenon became most notable worldwide after World War II when certain countries, such as Germany, Italy, and Japan, embraced independent judiciaries following their bitter experiences under totalitarian regimes. See id. at 714- 15; see also United States v. Then, 56 F.3d 464, 469 (2d Cir. 1995) (Calabresi, J., concurring) ("Since World War II, many countries have adopted forms of judicial review, which — though different from ours in many particulars — unmistakably draw their origin and inspiration from American constitutional theory and practice. See generally Mauro Cappelletti, The Judicial Process in Comparative Perspective (Oxford: Clarendon Press, 1989)."). It is a trend that continues to this day. It bears mention that the United States has consistently affirmed and encouraged the establishment of independent judiciaries in emerging democracies. In September 2000, President Clinton observed that "~w~ithout the rule of law, elections simply offer a choice of dictators. . . . America’s experience should be put to use to advance the rule of law, where democracy’s roots are looking for room and strength to grow." Remarks at Georgetown University Law School, 36 Weekly Comp. Pres. Doc. 2218 (September 26, 2000), available at http://clinton6.nara.gov/2000/09/2000-09-26- remarks-by-president-at-georgetown-international-lawcenter.html. The United States acts on these principles in part through the assistance it provides to developing nations. For example, the United States requires that any country seeking assistance through the Millenium Challenge Account, a development assistance program instituted in 2002, must demonstrate, among other criteria, an "adherence to the rule of law." The White House noted that the rule of law is one of the "essential conditions for successful development" of these countries. See http://www.whitehouse.gov/infocus/developingnations (last visited Jan. 8, 2004).12 A few examples illustrate the influence of the United States model. On November 28, 1998, Albania adopted a new constitution, representing the culmination of eight years of democratic reform after the communist rule collapsed. In addition to protecting fundamental individual rights, the Albanian Constitution provides for an independent judiciary consisting of a Constitutional Court with final authority to determine the constitutional rights of individuals. Albanian Constitution, Article 125, Item 1 and Article 128; see also Darian Pavli, "A Brief ’Constitutional History’ of Albania" available at http://www.ipls.org/services/others/chist.html (last visited Janaury 8, 2004); Jean-Marie Henckaerts 26 Stefaan Van der Jeught, Human Rights Protection Under the New Constitutions of Central Europe, 20 Loy. L.A. Int’l 26 Comp. L.J. 475 (Mar. 1998). In South Africa, the new constitutional judiciary plays a similarly important role, following generations of an oppressive apartheid regime. South Africa adopted a new constitution in 1996. Constitution of the Republic of South Africa, Explanatory Memorandum. It establishes a Constitutional Court which "makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional." Id. at Chapter 8, Section 167, Item (5), available at http://www.polity.org.za/html/govdocs/constitution/saconst.html?r ebookmark=1 (last visited January 8, 2004); see also Justice Tholakele H. Madala, Rule Under Apartheid and the Fledgling Democracy in Post-Apartheid South Africa: The Role of the Judiciary, 26 N.C. J. Int’l L. 26 Com. Reg. 743 (Summer 2001). Afghanistan is perhaps the most recent example of a country struggling to develop a more democratic form of government. Adoption by the Loya Jirga of Afghanistan’s new constitution on January 4, 2004 has been hailed as a milestone. See http://www.cbsnews.com/stories/2004/01/02/world/main59111 6.shtml (Jan 7, 2004). The proposed constitution creates a judiciary that, at least on paper, is "an independent organ of the state," with a Supreme Court empowered to review the constitutionality of laws at the request of the Government and/or the Courts. Afghan Const. Art. 116, 121 (unofficial English translation), available at http://www.hazara.net/jirga/AfghanConstitution-Final.pdf (last visited January 8, 2004). See also Ron Synowitz, Afghanistan: Constitutional Commission Chairman Presents Karzai with Long-Delayed Draft Constitution (November 3, 2003), available at http://www.rferl.org/nca/features/2003/11/03112003164239.as p (last visited Jan. 8, 2004). B. Other Nations Have Curtailed Judicial Review During Times Of Crisis, Often Citing the United States’ Example, And Individual Freedoms Have Diminished As A Result. While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of against ~non-state combatants~, the rulers that go down that road justify their actions on the basis of national security and the fight and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at http://www.icj.org/news.php3?id_article=258726lang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans’ individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=269526lang=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia’s "de facto law minister" explicitly relied on the detentions at Guantánamo to justify Malaysia’s detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia’s detentions were "just like the process in Guantánamo," adding, "I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things." Sean Yoong, "Malaysia Slams Criticism of Security Law Allowing Detention Without Trial," Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09:34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia’s Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that "the US government was the worst human rights violator in the world." BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has "given a blank check to nations who are inclined to violate human rights already." Doug Gross, "Carter: U.S. human rights missteps embolden foreign dictators," Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, "Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights." Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that "~t~he insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House’s preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt’s move to detain human rights campaigners as threats to national security, and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso." Available at http://www.iht.com/ihtsearch.php?id=10992726owner=(IHT)26dat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world. CONCLUSION Much of the world models itself after this country’s two hundred year old traditions — and still more on its day to day implementation and expression of those traditions. To say that a refusal to exercise jurisdiction in this case will have global implications is not mere rhetoric. Resting on this Court’s decision is not only the necessary role this Court has historically played in this country. Also at stake are the freedoms that many in emerging democracies around the globe seek to ensure for their peoples.
Liberal democratic norms through judicial globalization institute 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 hold that international peace and prosperity are advanced to the AND . The liberal foreign policy outlook will thus fortify them against contemporary criticism.
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, several important issues have ambiguous AND potential of making this important right just a phrase with no underlying force.
Contention 2 - Legitimacy
The inability to order release undermines US high ground and breeds resentment—viewed as critical to habeas issues
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~~ Since the mid-1970s, the United States has compiled annual reports on the AND it has long sought to encourage the rest of the world to follow.
The aff is key—perception of US provision of habeas rights is critical to US soft power—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=100326context=nslb~~ The "Great Wall" The writ of habeas corpus enables an individual to challenge AND unique and modern circumstances of the post-9/11 con? ict.
Legitimacy is critical to make US leadership durable and effective—judicial action on indefinite detention is crucial
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 for realists. Unipolarity was thought to be inherently AND the same project that the courts constantly grapple with in adjudicating domestic disputes.
US benevolent hegemony is critical to global peace—the alternative causes massive wars
Kromah 9, Masters in IR ~February 2009, Lamii Moivi Kromah, UN Civil Affairs Officer, Researcher @ Institute for Peace and Security Studies, MA from 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~~ A final major gain to the United States from the benevolent hegemony has perhaps been AND to facilitate its ability to extract contributions from other members of the system.
Robust empirical and statistical data proves — hegemony stops extinction
Barnett 11 Former Senior Strategic Researcher and Professor in the Warfare Analysis 26 Research Department, Center for Naval Warfare Studies, U.S. Naval War College American military geostrategist and Chief Analyst at Wikistrat., worked as the Assistant for Strategic Futures in the Office of Force Transformation in the Department of Defense, "The New Rules: Leadership Fatigue Puts U.S., and Globalization, at Crossroads," March 7 http://www.worldpoliticsreview.com/articles/8099/the-new-rules-leadership-fatigue-puts-u-s-and-globalization-at-crossroads It is worth first examining the larger picture: We live in a time of AND the 20th century, setting the stage for the Pacific Century now unfolding.
Breaking Islamophobia down into Islam and phobia is a counterproductive semantic move which reifies Ableism
Sayyid 8 (Reader in Postcolonial and Racism Studies at the University of Leeds, and Director of the Centre of Ethnicity and Racism Studies. THINKING THRU’ ISLAMOPHOBIA Symposium Papers, ARE UNICORNS MUSLIM? Centre for Ethnicity 26 Racism Studies, May 2008, p.1-2) Those who see Islamophobia not as a polemical but as an analytical term are confronted AND account for the range of phenomena marshalled by and mobilisations around references to Islamophobia
Ableism
The use of "ableism" obscures the discussion of the marginalized social categories seen as disabled or unproductive and reinforces the oppression of these groups
Chapman 10, Professor of Social Work at York University (Christopher S., Crippling narratives and disabling shame: disability as a metaphor, affective dividing practices, and an ethics that might make a difference, still.my.revolution.tao.ca/node/68) I used to use the term "ableism" to describe oppression against people who AND which actually works to reinforce our oppression, not the other way around.
Use of the term ableism blocks effective resistance to discrimination
Egan 08 (Lisa, Disablism Vs. Ableism, lisybabe.blogspot.com/2008/05/disablism-vs-ableism.html) Those of you who don’t know, "ableism" is the American/Australian AND medical model roots. Another reason why I think this term is superior.
1/18/14
2AC Ableism - Weber
Tournament: Chico | Round: 5 | Opponent: Weber HH | Judge: Moore, Matt Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
Discussions of structure should precede substance—second generation Guantanamo issues require a more detailed focus on the legal system—student advocacy enables us to make change
Marguiles 11, Professor of Law ~February 9, 2011, Peter Margulies is Professor of Law, Roger Williams University., "The Ivory Tower at Ground Zero: Conflict and Convergence in Legal Education’s Responses to Terrorism"Journal of Legal Education, Vol. 60, p. 373, 2011, Roger Williams Univ. Legal Studies Paper No. 100~ If timidity in the face of government overreaching is the academy’s overarching historical narrative, AND Students need more guidance on what to look for when structure shapes substance.
Legal norms are good—prevents liberal democracies from sliding into totalitarianism by eliminating instances of exclusion
Heins, Professor PolSci Concordia, ’5 (Volker, "Giorgio Agamben and the Current State of Affairs in Humanitarian Law and Human Rights Policy" German Law Journal, Vol 6 No 5) According to this basic Principle of Distinction, modern humanitarian action is directed towards those AND to identify reliable evidence for war crimes from exhumed bod- ies.39
Legal strategies are more effective than the alternative—focusing on habeas challenges enables us to mobilize attention and utilize the state to undermine its legitimacy—our evidence assumes the malleability of the law
Ahmad 9, Professor of Law ~2009, Muneer I. Ahmad is a Clinical Professor of Law, Yale Law School, "RESISTING GUANTÁNAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION", Northwestern University Law Review, Vol. 103, p. 1683, American University, WCL Research Paper No. 08-65~ As I have discussed thus far, we believed the commission to be a purely AND hope for a gradualist, liberal perfection of the injustice in the world.
The use of "ableism" obscures the discussion of the marginalized social categories seen as disabled or unproductive and reinforces the oppression of these groups
Chapman 10, Professor of Social Work at York University (Christopher S., Crippling narratives and disabling shame: disability as a metaphor, affective dividing practices, and an ethics that might make a difference, still.my.revolution.tao.ca/node/68) I used to use the term "ableism" to describe oppression against people who AND which actually works to reinforce our oppression, not the other way around.
Use of the term ableism blocks effective resistance to discrimination
Egan 08 (Lisa, Disablism Vs. Ableism, lisybabe.blogspot.com/2008/05/disablism-vs-ableism.html) Those of you who don’t know, "ableism" is the American/Australian AND medical model roots. Another reason why I think this term is superior.
No single cause of conflict – be suspicious of their "master variable", authors exaggerate problems their programs have the best chance of solving
Barnett et al 7 Michael, Hunjoon Kim, Madalene O’Donnell, Laura Sitea, Global Governance, "Peacebuilding: What is in a Name?", Questia
Because there are multiple contributing causes of conflict, almost any international assistance effort that AND there are good bureaucratic reasons for claiming that they are an invaluable partner.
Calculating key to ethical engagement in the world – trying to identify with suffering directly fails
Santilli, Philosophy Professor at Siena College, ’3 (Paul, May 22, "Radical Evil, Subjection, and Alain Badiou’s Ethics of the Truth Event" World Congress of the international Society for Universal Dialogue, www.isud.org/papers/pdfs/Santilli.pdf) From the standpoint of an ethics of subjection there is even something unnecessary or superfluous AND others by responding to their needs and helping them as best we can. It is precisely by identifying being and not pretending that we know any thing about AND about the facts that encircle the void inaccessible to deliberation and practical reason.
1/19/14
2AC Binghampton K
Tournament: CSUF | Round: 2 | Opponent: Binghampton SS | Judge: Murillo, Gabe
2AC methods K
The excuse that we can’t speak out of our subject position is a cop-out. There is no neutral position from which this takes place. Their self-effacing gesture reinforces privilege and only requires the subaltern to achieve political change Kapoor, 2008 (Ilan, Associate Professor at the Faculty of Environmental Studies, York University, "The Postcolonial Politics of Development," p. 45-46) But Spivak is quick to examine the other side of the equation. She reproaches AND privileged group’s own ability to speak and be heard’ (1991: 26). Debate should be a space of political contestation in which arguments about who we are and what we ought to do are to be examined and debated without trump cards—the content of our arguments should be evaluated not without identity, but without identity as a trump card over its merits Brown 95 – prof @ Berkeley (Wendy, States of Injury, p. 47-51) The postmodern exposure of the imposed and created rather than discovered character of all knowledges AND identity, and morality and to redress our underdeveloped taste for political argument.
The abandonment of western intervention is worse—imperialist structures exists internationally—US foreign policy promotes democratic movements and challenges oppression Shaw 2, Professor of IR and Politics ~March 2002, Martin Shaw is a Professor of International Relations and Politics at the University of Sussex, "Post-Imperial and Quasi-Imperial: State and Empire in the Global Era", Millennium - Journal of International Studies, vol. 31 no. 2 327-336, http://mil.sagepub.com/content/31/2/327~~ Despite many echoes of classic imperialism in the West’s relationships to the non-West AND , that renders suspect some of the simpler narratives of new imperialism.22
Their kritik doesn’t come to grips with the interaction between suffering in places like Guantanamo now and our relationship to that—their kritik mirrors acts of distancing that say we should only focus on what’s in our purview—indefinite detention has maintained its legitimacy precisely because we view it as out there and not affecting us—we must bring the voices of those who can’t speak for themselves here
Park 10 ~2010, James Park, "EFFECTUATING PRINCIPLES OF JUSTICE IN ENDING INDEFINITE DETENTION: HISTORICAL REPETITION AND THE CASE OF THE UYGHURS", 31 Whittier L. Rev. 785~ George Orwell once wrote in The Road to Wigan Pier regarding empire and the complicity AND after years of imprisonment without the subject of their innocence ever being addressed.
1/18/14
2AC Identity Politics K
Tournament: Chico | Round: 2 | Opponent: Fresno State BC | Judge: Peters, Donny Being able to talk about your personal issues is the privilege—who is here to speak about their experience at Guantanamo?—their kritik mirrors acts of distancing that say we should only focus on what’s in our purview—indefinite detention has maintained its legitimacy precisely because we view it as out there and not affecting us—we must bring the voices of those who can’t speak for themselves here Park 10 ~2010, James Park, "EFFECTUATING PRINCIPLES OF JUSTICE IN ENDING INDEFINITE DETENTION: HISTORICAL REPETITION AND THE CASE OF THE UYGHURS", 31 Whittier L. Rev. 785~ George Orwell once wrote in The Road to Wigan Pier regarding empire and the complicity AND after years of imprisonment without the subject of their innocence ever being addressed. Perm: it is possible to center praxis around Islamaphobia and challenge the racism that the negative identifies. The murder of Erica’s grandfather is significant and should not be totalized, but it’s also not a reason why the aff is bad. The affirmative’s challenge to islamophobic indefinite detention policies creates an ideal intersectional space to build coalitions against racial violence—general claims to racial injustice are insufficient—we must coalesce around particular projects where there is a commonality of interest LIKE THE ADVOCACY Wing 3, Bessie Dutton Murray Distinguished Professor of Law ~Spring 2003, Adrien Katherine Wing is a Bessie Dutton Murray Distinguished Professor of Law at the University of Iowa College of Law. A.B. Princeton, 1978; M.A. UCLA, 1979; J.D. Stanford, 1982. This paper was presented at the Civil Rights symposium of the Louisiana State"Civil Rights in the Post 911 World: Critical Race Praxis, Coalition Building, and the War on Terrorism", http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=598726context=lalrev26sei-redir=126referer=http3A2F2Fscholar.google.com2Fscholar3Fq3Dguantanamo2B2522critical2Brace2Btheory252226btnG3D26hl3Den26as_sdt3D0252C526as_vis3D1~~23search=22guantanamo20critical20race20theory22-http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=598726context=lalrev26sei-redir=126referer=http3A2F2Fscholar.google.com2Fscholar3Fq3Dguantanamo2B2522critical2Brace2Btheory252226btnG3D26hl3Den26as_sdt3D0252C526as_vis3D1, 63 La. L. Rev. (2003)~ Because of the various problems with coalition building, several scholars do not endorse it AND minority groups competing for crumbs while majoritarian rule continue~s~ unabated? Debate should be a space of political contestation in which arguments about who we are and what we ought to do are to be examined and debated without trump cards—the content of our arguments should be evaluated not without identity, but without identity as a trump card over its merits Brown 95 – prof @ Berkeley (Wendy, States of Injury, p. 47-51) The postmodern exposure of the imposed and created rather than discovered character of all knowledges AND identity, and morality and to redress our underdeveloped taste for political argument. Claiming that only the victims of oppression can understand it dooms identity politics and reproduces exclusion Bhambra 10—U Warwick AND—Victoria Margree—School of Humanities, U Brighton (Identity Politics and the Need for a ’Tomorrow’, http://www.academia.edu/471824/Identity_Politics_and_the_Need_for_a_Tomorrow_) It is inexcusable to build analyses of historical experience around exclusions, exclusions that stipulate AND politics based on those identities is both liberatory and necessary (Bramen 2002).
1/18/14
2AC Security
Tournament: CSUF | Round: 5 | Opponent: NYU DG | Judge: Boroujeni, Tom
Security K
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
Deterrence doesn’t make securitization inevitable – it can break cycles of hostility and generates cooperation
Lupovici 8 – Post-Doctoral Fellow Munk Centre for International Studies University of Toronto (Amir, "Why the Cold War Practices of Deterrence are Still Prevalent: Physical Security, Ontological Security and Strategic Discourse," http://www.cpsa-acsp.ca/papers-2008/Lupovici.pdf-http://www.cpsa-acsp.ca/papers-2008/Lupovici.pdf Since deterrence can become part of the actors’ identity, it is also involved AND it strengthened the actors’ identities and created more stable expectations of avoiding violence.
====That’s most ethical – failure of preventative action and predictions drives structural violence and inequality, only actions that act to preserve future generations can resolve power relations==== Kurasawa’4, (Fuyuki, Assistant Prof. of Sociology @ York University, Cautionary Tales, Constellations Vol. 11, No. 4, Blackwell Synergy)
In the previous section, I described how the capacity to produce, disseminate, AND oriented ethos on the basis of which civic associations can enact the work of
The aff resolves the worst example of the link – ending indefinite detention is preventative security because it structurally reduces the magnitude and risk of war through global liberal norms – the alternative is reactive security which responds to flash-point crises through Iraq-style intervention or sanctions on proliferating countries – causes greater levels of conflict and structural violence—policymakers will inevitably make predictions – failure to use explicit risk calculation causes poor decision-making
Fitzsimmons, Defence Analyst, ’7 (Michael, Winter, "The Problem of Uncertainty in Strategic Planning" Survival) In defence of prediction Uncertainty is not a new phenomenon for strategists. Clausewitz knew AND reinvigorate their efforts in the messy but indispensable business of predicting the future.
Even if security and risk calculation are flawed, engaging in them creates discourse of social welfare and promotes a democratic civic culture that checks political exclusion and loss of value to life
Faced with such inhospitable conditions, one can easily lapse into fatalistic despair, letting AND social democratic politics, even for renewing the activity of politics at all.
1/8/14
2AC Soft Power
Tournament: CSUF | Round: 3 | Opponent: Gonzaga CE | Judge: Eisenstadt, Michael
Case
American exceptionalism is an institutional logic that shapes the public sphere – it’s inevitable and only working within it can create effective policy
Despite some prominent scholars (such as Stephen Walt) having tried to debunk the AND state of uncertainty and concern rooted in the history of the American republic.
====Exceptionalism is good – causes social justice by criticizing the US for failing to uphold its own ideals – historically proven by abolition, civil rights, and labor movements==== Zimmerman 10 (Johnathan, teaches history and education at New York University, "Exceptionalism and the left", December 13, 2010, http://articles.latimes.com/2010/dec/13/opinion/la-oe-zimmerman-exceptionalism-20101213)
Instead, the president should invoke America’s long tradition of left-wing exceptionalism. AND duty to fight injustice, wherever we find it. Especially in ourselves.
1/7/14
AT Feminist Jurisprudence
Tournament: CSUF | Round: 3 | Opponent: Gonzaga CE | Judge: Eisenstadt, Michael
K
The neg must connect their alternative to policy concerns and institutional practices—absent these questions shifts in knowledge production are useless – governments’ obey institutional logics that exist independently of individuals and constrain decisionmaking
Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
Legal and rights based detention strategies are a critical form of resistance—even if it fails, the act of demanding habeas rights affirms the life of detainees and provides a check on state violence
Ahmad 9, Professor of Law ~2009, Muneer I. Ahmad is a Clinical Professor of Law, Yale Law School, "RESISTING GUANTÁNAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION", Northwestern University Law Review, Vol. 103, p. 1683, American University, WCL Research Paper No. 08-65~
This Article is about the work that rights do, and the work of the AND , state violence is so extreme as to attempt to extinguish the human.
The aff is good—Second generation Guantanamo issues require a more detailed focus on the legal system—student advocacy enables us to make change
Marguiles 11, Professor of Law ~February 9, 2011, Peter Margulies is Professor of Law, Roger Williams University., "The Ivory Tower at Ground Zero: Conflict and Convergence in Legal Education’s Responses to Terrorism"Journal of Legal Education, Vol. 60, p. 373, 2011, Roger Williams Univ. Legal Studies Paper No. 100~ If timidity in the face of government overreaching is the academy’s overarching historical narrative, AND Students need more guidance on what to look for when structure shapes substance.
Bottom up legal development results in more violence and recreates state hegemonies—only western legal norms provide room for counterhegemonic struggles
Stack 10, Professor of Anthropology at University of Aberdeen (Trevor, "Review Essay A Just Rule of Law" aura.abdn.ac.uk/bitstream/2164/2175/1/Trevor_Stack_Review_Essay_A_Just_Rule_of_Law_Social_Anthropology.doc Trevor Stack Review Essay A Just Rule of Law Social Anthropology.doc) Reading Mattei and Nader as well as Holston, I came to feel that I AND suburbs claim to dispense the justice that the government has failed to provide.
The permutation is best—legal reforms can utilized to protect vulnerable populations if we remain conscious of its dangers—the alternative leaves groups stranded
Lobel 7, Assistant Professor of Law ~February, 2007; Orly Lobel is an Assistant Professor of Law, University of San Diego. LL.M. 2000 (waived), Harvard Law School; LL.B. 1998, Tel-Aviv University, "THE PARADOX OF EXTRALEGAL ACTIVISM: CRITICAL LEGAL CONSCIOUSNESS AND TRANSFORMATIVE POLITICS", 120 Harv. L. Rev. 937~ B. Conceptual Boundaries: When the Dichotomies of Exit Are Unchecked At first glance AND develop tools to increase fair practices and knowledge building within the new market.
Patriarchy not the root cause of war – they suffer from causal oversimplification
Crenshaw, Communication Professor at Alabama, ’2 (Carrie, "Dominant Form and Marginalized Voices: Argumentation about Feminism(s)" pub in ’Perspectives in Controversy: Selected Essays from Contemporary Argumentation and Debate’ by Kenneth Broda-Bahm, p 119-126) Substantive debates about feminism usually take one of two forms. First, on the AND that the effects of patriarchy include nightmarish totalitarianism and/or nuclear annihilation. On the negative, many debaters countered with arguments that the some aspect of the AND - breakup of the patriarchal nuclear family -undermines patriarchy as a whole. Such arguments seem to have two assumptions in common. First, there is a AND proof that can explain only material conditions and physical realities through empirical quantification. The transformation of feminists ’Mo feminism and the identification of patriarchy as the sole cause AND , to be gratified by the sequence" (Counter-Statement 124). Burke observes that there are several aspects to the concept of form. One of AND Greek tragedy or as compact as the sonnet (Counter-Statement 126). These concepts help to explain debaters’ continuing reluctance to employ rhetorical proof in arguments about causality. Debaters practice the convention of poor causal reasoning as a result of judges’ unexamined reliance upon conventional form. Convention is the practice of arguing single-cause links to monolithic impacts that arises out of custom or usage. Conventional form is the expectation of judges that an argument will take this form. Common practice or convention dictates that a case or disadvantage with nefarious impacts causally related AND rhetorical proof is to admit that not every question has an empirical answer. However, when we abandon our responsibility to rhetorical proofs, we sacrifice our students’ AND challenge the basic assumptions of such argumentation and ignorance of feminists is perpetuated. Feminists are not feminism. The topics of feminist inquiry are many and varied, AND
Joseph and Lewis; Lorde; Moraga; Omolade; and Smith). In this literature, the very definition of feminism is contested. Some feminists argue AND call attention to race and class privilege (hooks. Feminist Wieory 18). Debate arguments that assume a singular conception of feminism include and empower the voices of race- and class-privileged women while excluding and silencing the voices of feminists marginalized by race and class status. This position becomes clearer when we examine the second assumption of arguments about feminism in intercollegiate debate - patriarchy is the sole cause of oppression. Important feminist thought has resisted this assumption for good reason. Designating patriarchy as the AND racism and other forms of domination" (hooks. Talking Back 19). The relegation of struggles against racism and class exploitation to offspring status is not the AND assume responsibility for transforming ourselves and society (hooks. Talking Back 20). Characterizing patriarchy as the sole cause of oppression allows mainstream feminists to abdicate responsibility for the exercise of class and race privilege. It casts the struggle against class exploitation and racism as secondary concerns. Current debate practice promotes ignorance of these issues because debaters appeal to conventional form, AND instead of reproducing the marginalization of many feminist voices in the debate itself. The content of the speech of feminists must be investigated to subvert the colonization of AND be listening, to be tuned in (hooks, Talking Back 14). At this point, arguments about feminism in intercollegiate debate seem to be overdetermined by the expectation of common practice, the "game" that we play in assuming there is such a thing as a direct and sole causal link to a monolithic impact To play that game, we have gone along with the idea that there is a single feminism and the idea that patriarchal impacts can account for all oppression.
No single cause of conflict – be suspicious of their "master variable", authors exaggerate problems their programs have the best chance of solving
Barnett et al 7 Michael, Hunjoon Kim, Madalene O’Donnell, Laura Sitea, Global Governance, "Peacebuilding: What is in a Name?", Questia
Because there are multiple contributing causes of conflict, almost any international assistance effort that AND there are good bureaucratic reasons for claiming that they are an invaluable partner.
Framework
Calculating key to ethical engagement in the world – trying to identify with suffering directly fails
Santilli, Philosophy Professor at Siena College, ’3 (Paul, May 22, "Radical Evil, Subjection, and Alain Badiou’s Ethics of the Truth Event" World Congress of the international Society for Universal Dialogue, www.isud.org/papers/pdfs/Santilli.pdf) From the standpoint of an ethics of subjection there is even something unnecessary or superfluous AND others by responding to their needs and helping them as best we can. It is precisely by identifying being and not pretending that we know any thing about AND about the facts that encircle the void inaccessible to deliberation and practical reason.
Failing to prevent a horrible outcome is just as bad as causing it – the aff is moral evasion
Nielsen – philosophy prof, Calgary - 93 Kai Nielsen, Professor of Philosophy, University of Calgary, Absolutism and Its Consequentialist Critics, ed. Joram Graf Haber, 1993, p. 170-2 Forget the levity of the example and consider the case of the innocent fat man AND act in this morally evasive way but this does not make it right.
Language can describe reality but does not shape it
This Davidsonian way of looking at language lets us avoid hypostatising Language in the way AND hopeless old Philosophical puzzles which we used to raise about Being or Thought.
1/7/14
UNLV R2 Aff Cal GW v Neg OU LW
Tournament: UNLV | Round: 2 | Opponent: OU LW | Judge: James Stevenson
Plan
Text: The United States federal judiciary should rule that individuals in military detention who have won their habeas corpus hearing cannot be detained.
Contention 1 – Judicial Globalism
The Kiyemba court ruled the right to habeas doesn’t give the power to release a detainee or stop transfer 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~ After the Boumediene and Munaf cases, it was clear that the United States district AND Court denied the writ on March 22, 2010. n93 ~*186~ US action determines the global separation of powers—status quo trends towards executive authority get modeled and expand global executive power—a strong judicial assertion is critical to check Flaherty 11, Professor of International Law ~2011, Martin S. Flaherty is a Leitner Professor of International Law, Fordham Law School; Visiting Professor, Woodrow Wilson School of Public and International Affairs, Princeton University, "Judicial Foreign Relations Authority After 9/11", 56 N.Y.L. Sch. L. Rev. 119~ That "old-time" separation of powers should be enough to turn back AND in the matter of rights protection must remain the courts. ~*143~ New democratic states are forming now—judicial influence determines the state of their transitions Suto 11, Research Associate at Tahrir Institute and J.D. ~07/15/11, Ryan Suto is a Research Associate at Tahrir Institute for Middle East Policy, has degrees in degrees in law, post-conflict reconstruction, international relations and public relations from Syracuse Law, "Judicial Diplomacy: The International Impact of the Supreme Court", http://jurist.org/dateline/2011/07/ryan-suto-judicial-diplomacy.php~~ The Court is certainly the best institution to explain to scholars, governments, lawyers AND key legal concepts. This is an opportunity that should not be wasted. Promoting a strong judiciary is necessary to make those transitions stable and democratic—detention policies specifically allow for global authoritarianism CJA 3, Center for Justice and Accountability ~OCTOBER 2003, The Center for Justice 26 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 AND THE ESTABLISHMENT OF STABLE GOVERNANCE IN EMERGING DEMOCRACIES AROUND THE WORLD. A. Individual Nations Have Accepted and Are Seeking to Implement Judicial Review By A Strong, Independent Judiciary. Many of the newly independent governments that have proliferated over the past five decades have adopted these ideals. They have emerged from a variety of less-than-free contexts, including the end of European colonial rule in the 1950’s and 1960’s, the end of the Cold War and the breakup of the former Soviet Union in the late 1980’s and 1990’s, the disintegration of Yugoslavia, and the continuing turmoil in parts of Africa, Latin America and southern Asia. Some countries have successfully transitioned to stable and democratic forms of government that protect individual freedoms and human rights by means of judicial review by a strong and independent judiciary. Others have suffered the rise of tyrannical and oppressive rulers who consolidated their hold on power in part by diminishing or abolishing the role of the judiciary. And still others hang in the balance, struggling against the onslaught of tyrants to establish stable, democratic governments. In their attempts to shed their tyrannical pasts and to ensure the protection of individual rights, emerging democracies have consistently looked to the United States and its Constitution in fashioning frameworks that safeguard the independence of their judiciaries. See Ran Hirschl, The Political Origins of Judicial Empowerment through Constitutionalization: Lessons from Four Constitutional Revolutions, 25 Law 26 Soc. Inquiry 91, 92 (2000) (stating that of the "~m~any countries . . . ~that~ have engaged in fundamental constitutional reform over the past three decades," nearly all adopted "a bill of rights and establishe~d~ some form of active judicial review") Establishing judicial review by a strong and independent judiciary is a critical step in stabilizing and protecting these new democracies. See Christopher M. Larkins, Judicial Independence and Democratization: A Theoretical and Conceptual Analysis, 44 Am. J. Comp. L. 605, 605-06 (1996) (describing the judicial branch as having "a uniquely important role" in transitional countries, not only to "mediate conflicts between political actors but also ~to~ prevent the arbitrary exercise of government power; see also Daniel C. Prefontaine and Joanne Lee, The Rule of Law and the Independence of the Judiciary, International Centre for Criminal Law Reform and Criminal Justice Policy (1998) ("There is increasing acknowledgment that an independent judiciary is the key to upholding the rule of law in a free society . . . . Most countries in transition from dictatorships and/or statist economies recognize the need to create a more stable system of governance, based on the rule of law."), available at http://www.icclr.law.ubc.ca/Publications/Reports/RuleofLaw. pdf (last visited Jan. 8, 2004). Although the precise form of government differs among countries, "they ultimately constitute variations within, not from, the American model of constitutionalism . . . ~a~ specific set of fundamental rights and liberties has the status of supreme law, is entrenched against amendment or repeal . . . and is enforced by an independent court . . . ." Stephen Gardbaum, The New Commonwealth Model of Constitutionalism, 49 Am. J. Comp. L. 707, 718 (2001). This phenomenon became most notable worldwide after World War II when certain countries, such as Germany, Italy, and Japan, embraced independent judiciaries following their bitter experiences under totalitarian regimes. See id. at 714- 15; see also United States v. Then, 56 F.3d 464, 469 (2d Cir. 1995) (Calabresi, J., concurring) ("Since World War II, many countries have adopted forms of judicial review, which — though different from ours in many particulars — unmistakably draw their origin and inspiration from American constitutional theory and practice. See generally Mauro Cappelletti, The Judicial Process in Comparative Perspective (Oxford: Clarendon Press, 1989)."). It is a trend that continues to this day. It bears mention that the United States has consistently affirmed and encouraged the establishment of independent judiciaries in emerging democracies. In September 2000, President Clinton observed that "~w~ithout the rule of law, elections simply offer a choice of dictators. . . . America’s experience should be put to use to advance the rule of law, where democracy’s roots are looking for room and strength to grow." Remarks at Georgetown University Law School, 36 Weekly Comp. Pres. Doc. 2218 (September 26, 2000), available at http://clinton6.nara.gov/2000/09/2000-09-26- remarks-by-president-at-georgetown-international-lawcenter.html. The United States acts on these principles in part through the assistance it provides to developing nations. For example, the United States requires that any country seeking assistance through the Millenium Challenge Account, a development assistance program instituted in 2002, must demonstrate, among other criteria, an "adherence to the rule of law." The White House noted that the rule of law is one of the "essential conditions for successful development" of these countries. See http://www.whitehouse.gov/infocus/developingnations (last visited Jan. 8, 2004).12 A few examples illustrate the influence of the United States model. On November 28, 1998, Albania adopted a new constitution, representing the culmination of eight years of democratic reform after the communist rule collapsed. In addition to protecting fundamental individual rights, the Albanian Constitution provides for an independent judiciary consisting of a Constitutional Court with final authority to determine the constitutional rights of individuals. Albanian Constitution, Article 125, Item 1 and Article 128; see also Darian Pavli, "A Brief ’Constitutional History’ of Albania" available at http://www.ipls.org/services/others/chist.html (last visited Janaury 8, 2004); Jean-Marie Henckaerts 26 Stefaan Van der Jeught, Human Rights Protection Under the New Constitutions of Central Europe, 20 Loy. L.A. Int’l 26 Comp. L.J. 475 (Mar. 1998). In South Africa, the new constitutional judiciary plays a similarly important role, following generations of an oppressive apartheid regime. South Africa adopted a new constitution in 1996. Constitution of the Republic of South Africa, Explanatory Memorandum. It establishes a Constitutional Court which "makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional." Id. at Chapter 8, Section 167, Item (5), available at http://www.polity.org.za/html/govdocs/constitution/saconst.html?r ebookmark=1 (last visited January 8, 2004); see also Justice Tholakele H. Madala, Rule Under Apartheid and the Fledgling Democracy in Post-Apartheid South Africa: The Role of the Judiciary, 26 N.C. J. Int’l L. 26 Com. Reg. 743 (Summer 2001). Afghanistan is perhaps the most recent example of a country struggling to develop a more democratic form of government. Adoption by the Loya Jirga of Afghanistan’s new constitution on January 4, 2004 has been hailed as a milestone. See http://www.cbsnews.com/stories/2004/01/02/world/main59111 6.shtml (Jan 7, 2004). The proposed constitution creates a judiciary that, at least on paper, is "an independent organ of the state," with a Supreme Court empowered to review the constitutionality of laws at the request of the Government and/or the Courts. Afghan Const. Art. 116, 121 (unofficial English translation), available at http://www.hazara.net/jirga/AfghanConstitution-Final.pdf (last visited January 8, 2004). See also Ron Synowitz, Afghanistan: Constitutional Commission Chairman Presents Karzai with Long-Delayed Draft Constitution (November 3, 2003), available at http://www.rferl.org/nca/features/2003/11/03112003164239.as p (last visited Jan. 8, 2004). B. Other Nations Have Curtailed Judicial Review During Times Of Crisis, Often Citing the United States’ Example, And Individual Freedoms Have Diminished As A Result. While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of against ~non-state combatants~, the rulers that go down that road justify their actions on the basis of national security and the fight and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at http://www.icj.org/news.php3?id_article=258726lang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans’ individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=269526lang=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia’s "de facto law minister" explicitly relied on the detentions at Guantánamo to justify Malaysia’s detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia’s detentions were "just like the process in Guantánamo," adding, "I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things." Sean Yoong, "Malaysia Slams Criticism of Security Law Allowing Detention Without Trial," Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09:34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia’s Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that "the US government was the worst human rights violator in the world." BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has "given a blank check to nations who are inclined to violate human rights already." Doug Gross, "Carter: U.S. human rights missteps embolden foreign dictators," Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, "Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights." Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that "~t~he insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House’s preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt’s move to detain human rights campaigners as threats to national security, and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso." Available at http://www.iht.com/ihtsearch.php?id=10992726owner=(IHT)26dat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world. CONCLUSION Much of the world models itself after this country’s two hundred year old traditions — and still more on its day to day implementation and expression of those traditions. To say that a refusal to exercise jurisdiction in this case will have global implications is not mere rhetoric. Resting on this Court’s decision is not only the necessary role this Court has historically played in this country. Also at stake are the freedoms that many in emerging democracies around the globe seek to ensure for their peoples. That makes war impossible—liberal democratic norms through judicial globalization cause 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 hold that international peace and prosperity are advanced to the AND . The liberal foreign policy outlook will thus fortify them against contemporary criticism.
The plan solves—making habeas meaningful is a critical avenue for the judiciary to reassert its role Vaughn and Williams, Professors of Law, 13 ~2013, Katherine L. Vaughns B.A. (Political Science), J.D., University of California at Berkeley. Professor of Law, University of Maryland Francis King Carey School of Law, and Heather L. Williams, B.A. (French), B.A. (Political Science), University of Rochester, J.D., cum laude, University of Maryland Francis King Carey School of Law, "OF CIVIL WRONGS AND RIGHTS: 1 KIYEMBA V. OBAMA AND THE MEANING OF FREEDOM, SEPARATION OF POWERS, AND THE RULE OF LAW TEN YEARS AFTER 9/11", Asian American Law Journal, Vol. 20, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2148404~~ Just as significant as what Boumediene does do, is what it does not. AND important 2005 article, Cass Sunstein termed this phenomenon "National Security Fundamentalism." 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, several important issues have ambiguous AND potential of making this important right just a phrase with no underlying force.
Contention 2 – Solvency
Institutions determine how IR operates now—reforming them through democratic ideals is critical Shaw, Professor of International Relations and Politics at the University of Sussex, ’99 (Martin, November 9, "The unfinished global revolution: Intellectuals and the new politics of international relations" The new politics of international relations require us, therefore, to go beyond the AND and analytical challenges for students of international relations and politics, are intertwined.
Discussion of our policy is good because it cultivates us to make better decisions in our lives Wight – Professor of IR @ University of Sydney – 6 (Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as AND upon it, upon its specific characteristics, its constants and its variables’.
A focus on policy is necessary to learn the pragmatic details of powerful institutions – acting without this knowledge is doomed to fail in the face of policy pros who know what they’re talking about McClean 01 SOCIETY FOR THE ADVANCEMENT OF AMERICAN PHILOSOPHY – GRADUATE AND PHILOSOPHER – NYU, "THE CULTURAL LEFT AND THE LIMITS OF SOCIAL HOPE", http://www.american-philosophy.org/archives/200120Conference/Discussion20papers/david_mcclean.htm~~ Leftist American culture critics might put their considerable talents to better use if they bury AND critics with their snobish disrespect for the so-called "managerial class."
Case
Their arguments are wrong – liberal democracy key launching point for new forms of politics. Lee Corbett, University of New South Wales, July 28, 2003, The Drawing Board: Australian Review of Public Affairs , http://www.australianreview.net/digest/2003/07/corbett.html If you asked me a few years ago ’what is postcolonial liberalism?’ AND and freedom, but it is more than either of these taken alone.
Studies are on our side – consensus upholds both the dyadic and monadic peace theories. MacMillan, Senior Lecturer in International Relations at Keele University, 2003 (John, Journal of Peace Research, Vol 40 No 2, pp.234-235)
The first tenet of separate peace theory – that democracies tend not to fight each AND that the pacifying effects of democracy emerge’ (Elman, 1997: 16).
Prefer our method – A – An existence mediated by some simulation is inevitable – the critical thinking and research skills policy debate provides are precisely the kinds of tools that can effectively combat information overload and create more authentic forms of political/social community ~This is kind of long…~ Kellner – Philosophy Prof @ UCLA – 2k (Douglas, Revolutionary Pedagogies, p. 216-217) Certainly there is no doubt that the cyberspace of computer worlds contains as much banality AND in today’s predatory’ culture, as well as new forms of multiple literacy. B – Only those skills allow us to engage in meaningful critical analysis of technologically mediated societies Kellner, Philosophy Prof @ UCLA 01– 01 Rhonda Hammer, Research scholar with the Center for the Study of Women at UCLA and Douglas Kellner, Philosophy Prof @ UCLA – ’1 (Multimedia Pedagogy and Multicultural Education for the New Millennium, http://www.readingonline.org/newliteracies/hammer/index.html)** This is not to suggest that the instructional use of media and computer technology is AND , so we recommend critical engagement with media materials rather than simple prohibition.
Ethic of consequences solves- leads to a deeper form of reflexivity Michael Williams, ’5 ~Senior Lecturer in International Politics at the University of Wales. The Realist Tradition and the Limits of International Relations, p. 174-176~ A useful place to begin re-examining an ethic of consequences is to return AND a challenge to use that intractability as a source of possibility, as providing The alt is overly pessimistic and inadvertently sustains the status quo Noys, 2k7 (Benjamin, Lecturer in English at The University of Chichester, "Crimes of the Near Future: Baudrillard / Ballard" Ballardian March 21, http://www.ballardian.com/crimes-of-the-near-future-baudrillard-ballard)** In the terminology of Alain Badiou, we might locate Baudrillard as part of the AND of simulated alterity, other than a quite literal faith in the Other.
No impact – one can find authentic existence and meaning in hyper-reality Brey – Philosophy, University of Twente – 05 (Philip, Evaluating the Social and Cultural Implications of the Internet, ACM SIGCAS Computers and Society Volume 35 Issue 3, September 2005)
Loss of the sense of reality. It has been claimed that the AND objective way in which to validate or refute values that underlie normative statements. We do, in fact, know the difference between simulation and reality—the media plays a healthy role in the public sphere. March 95 (James Marsh, Professor of Philosophy, Fordham University, 95, Critique, Action, and Liberation, pp. 292-293) Such an account, however, is as one-sided or perhaps even more AND , and on media such as movies, television, and radio.7
We can talk about why democracy is bad and still accept that it has implications for peace Ozane 95 (JULIE L. OZANNE Virginia Polytechnic Institute and State University, Blacksburg JEFF B.MURRAY University of Arkansas - ’95 Uniting Critical Theory and Public Policy to Create the Reflexively Defiant Consumer, AMERICAN BEHAVIORAL SCIENTIST, Vol. 38 No. 4, February 1995 516-525) In a postmodern society, people maneuver through an information-rich environment in which AND theory’s ongoing struggle to translate theory into meaningful action (Forester, 1985b).
10/19/13
UNLV R3 Cal GW Aff
Tournament: UNLV | Round: 3 | Opponent: Weber OV | Judge: Sam Allen
Case
No circumvention and the courts are effective—the executive will consent Prakash and Ramsay 12, Professors of Law ~2012, Saikrishna B. Prakash is a David Lurton Massee, Jr. Professor of Law and Sullivan and Cromwell Professor of Law, University of Virginia School of Law., and Michael D. Ramsey is a Professor of Law, University of San Diego School of Law; "The Goldilocks Executive", Review of THE EXECUTIVE UNBOUND:AFTER THE MADISONIAN REPUBLIC. By Eric A. Posner 26 Adrian Vermeule, 90 Texas L. Rev. 973, http://www.texaslrev.com/wp-content/uploads/Prakash-Ramsey-90-TLR-973.pdf-http://www.texaslrev.com/wp-content/uploads/Prakash-Ramsey-90-TLR-973.pdf~~
The Courts.—The courts constrain the Executive, both because courts are necessary to AND of law, including law defined as what a court will likely order.
XO CP
Judicial action is key to judicial globalization Flaherty—executive Key to Modeling—Suto, CJA, and Kersch Perm do both—solves the NB because Obama will be seen as taking the lead Executive control reduces courts to political tools and prevents litigation of human rights issues Free 3 (Brian C., Washington State Supreme Court, edit-in-chief Pacific Rim Law and Policy Journal, "Awaiting Doe v. Exxon Mobil Corp.: Advocating the Cautious Use of Executive Opinions in Alien Tort Claims Act Litigation," Pacific Rim Law 26 Policy Journal, 2003, http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/731/12PacRimLPolyJ467.pdf?sequence=1-http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/731/12PacRimLPolyJ467.pdf?sequence=1, accessed 2013) Although executive opinions are necessary for judicial consideration in certain cases, the separation of AND or, alternatively, force courts to adjudicate issues inappropriate for judicial resolution.
Internal executive actions don’t solve—still perceived as not credible independent of the action taken Goldsmith 13, Professor at Harvard Law ~05/01/13, Jack Goldsmith teaches at Harvard Law School and is a member of the Hoover Institution Task Force on National Security and Law. He is the author , most recently, of Power and Constraint, "How Obama Undermined the War on Terror", http://www.newrepublic.com/article/112964/obamas-secrecy-destroying-american-support-counterterrorism~~ These are unhappy developments for the president who in his first inaugural address pledged with AND for which he alone is today responsible, is increasingly viewed as illegitimate.
Court Capital
Judges don’t consider capital when deciding. Landau, JD Harvard and clerk to US CoA judge, 2005 (David Landau, JD Harvard Law, clerk to Honorable Sandra L. Lynch, U.S. Court of Appeals for the First Circuit, 2005, "THE TWO DISCOURSES IN COLOMBIAN CONSTITUTIONAL JURISPRUDENCE: A NEW APPROACH TO MODELING JUDICIAL BEHAVIOR IN LATIN AMERICA" 37 Geo. Wash. Int’l L. Rev. 687) Theoretically, attitudinalists could argue that judges rule in accordance with their own ideological preferences AND , what matters is the outcome, not the reasoning of the case. Winners Win Lawrence G. Sager Prof Law ’81 (Professor of Law, New York University) April, 1981 Constitutional Triage Columbia Law Review, Vol. 81, No. 3. pp. 707-719. A second objection, to which Professor Choper has made himself more directly vulnerable, AND may serve over time to erode public tolerance of the Court’s controversial decisions.
Kennedy won’t be on top—he came out against the plan Vaughn and Wiliams, Professors of Law, 13 ~2013, Katherine L. Vaughns B.A. (Political Science), J.D., University of California at Berkeley. Professor of Law, University of Maryland Francis King Carey School of Law, and Heather L. Williams, B.A. (French), B.A. (Political Science), University of Rochester, J.D., cum laude, University of Maryland Francis King Carey School of Law, "OF CIVIL WRONGS AND RIGHTS: 1 KIYEMBA V. OBAMA AND THE MEANING OF FREEDOM, SEPARATION OF POWERS, AND THE RULE OF LAW TEN YEARS AFTER 9/11", Asian American Law Journal, Vol. 20, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2148404~~ On remand, in what came to be called Kiyemba III, 57 the D AND law principles suggests they are entitled, having had their detention determined unlawful.
Prisons K
This is just a link of omission – we believe that a separation of power of war authority is key. Legal norms are good—prevents liberal democracies from sliding into totalitarianism by eliminating instances of exclusion Heins, Professor PolSci Concordia, ’5 (Volker, "Giorgio Agamben and the Current State of Affairs in Humanitarian Law and Human Rights Policy" German Law Journal, Vol 6 No 5) According to this basic Principle of Distinction, modern humanitarian action is directed towards those AND to identify reliable evidence for war crimes from exhumed bod- ies.39
The abandonment of western intervention is worse—imperialist structures exists internationally—US foreign policy promotes democratic movements and challenges oppression Shaw 2, Professor of IR and Politics ~March 2002, Martin Shaw is a Professor of International Relations and Politics at the University of Sussex, "Post-Imperial and Quasi-Imperial: State and Empire in the Global Era", Millennium - Journal of International Studies, vol. 31 no. 2 327-336, http://mil.sagepub.com/content/31/2/327~~ Despite many echoes of classic imperialism in the West’s relationships to the non-West AND , that renders suspect some of the simpler narratives of new imperialism.22
Perm: do both. We don’t defend the legal system as it is – we believe it should be criticized. The permutation is best—legal reforms can utilized to protect vulnerable populations if we remain conscious of its dangers—the alternative leaves groups stranded Lobel 7, Assistant Professor of Law ~February, 2007; Orly Lobel is an Assistant Professor of Law, University of San Diego. LL.M. 2000 (waived), Harvard Law School; LL.B. 1998, Tel-Aviv University, "THE PARADOX OF EXTRALEGAL ACTIVISM: CRITICAL LEGAL CONSCIOUSNESS AND TRANSFORMATIVE POLITICS", 120 Harv. L. Rev. 937~ B. Conceptual Boundaries: When the Dichotomies of Exit Are Unchecked At first glance AND develop tools to increase fair practices and knowledge building within the new market.
Alternatives to legal reform fail—legal strategies prevent cooptation, the law is necessary for all progressive agendas, and alternatives maintain the status quo Lobel 7, Assistant Professor of Law ~February, 2007; Orly Lobel is an Assistant Professor of Law, University of San Diego. LL.M. 2000 (waived), Harvard Law School; LL.B. 1998, Tel-Aviv University, "THE PARADOX OF EXTRALEGAL ACTIVISM: CRITICAL LEGAL CONSCIOUSNESS AND TRANSFORMATIVE POLITICS", 120 Harv. L. Rev. 937~ In the following sections, I argue that the extralegal model has suffered from the AND theory and meaningful channels for reform, rather than passive status quo politics.
K
Alternatives to legal reform fail—legal strategies prevent cooptation, the law is necessary for all progressive agendas, and alternatives maintain the status quo Lobel 7, Assistant Professor of Law ~February, 2007; Orly Lobel is an Assistant Professor of Law, University of San Diego. LL.M. 2000 (waived), Harvard Law School; LL.B. 1998, Tel-Aviv University, "THE PARADOX OF EXTRALEGAL ACTIVISM: CRITICAL LEGAL CONSCIOUSNESS AND TRANSFORMATIVE POLITICS", 120 Harv. L. Rev. 937~ In the following sections, I argue that the extralegal model has suffered from the AND theory and meaningful channels for reform, rather than passive status quo politics.
11/3/13
UNLV R6 Cal GW AFF v ASU MY NEG
Tournament: UNLV | Round: 6 | Opponent: ASU MY | Judge: Andy Larson
A restriction is a law or rule that limits allowable action
Oxford Advanced Learner’s Dictionary – 2013, http://oald8.oxfordlearnersdictionaries.com/dictionary/restriction-http://oald8.oxfordlearnersdictionaries.com/dictionary/restriction restriction NOUN 1 ~countable~ a rule or law that limits what you can do or what can happen import/speed/travel, etc. restrictions restriction on something to impose/place a restriction on something The government has agreed to lift restrictions on press freedom. There are no restrictions on the amount of money you can withdraw. 2 ~uncountable~ the act of limiting or controlling somebody/something sports clothes that prevent any restriction of movement A diet to lose weight relies on calorie restriction in order to obtain results. 3 ~countable~ a thing that limits the amount of freedom you have the restrictions of a prison
The President’s "war powers" authority is his ability to conduct war
Gerald G. Howard - Spring, 2001, Senior Notes and Comments Editor for the Houston Law Review, COMMENT: COMBAT IN KOSOVO: IGNORING THE WAR POWERS RESOLUTION, 38 Hous. L. Rev. 261, LexisNexis ~*270~ The issue, then, becomes one of defining and monitoring AND of authority to properly assess the legality of the combat operations in Kosovo.
Authority is legally granted permission
Taylor, 1996 (Ellen, 21 Del. J. Corp. L. 870 (1996), Hein Online) The term authority is commonly thought of in the context of the law of agency AND is between what the agent can do and what the agent may do.
No circumvention and the courts are effective—the executive will consent
The Courts.—The courts constrain the Executive, both because courts are necessary to AND of law, including law defined as what a court will likely order.
NSC 2AC
Habeas is uniquely key—respect for legal norms is a key avenue for legitimacy and the perception of the great writ is intimately tied to that—that’s Sidhu
Boumediene’s credibility is key—the perception of Boumediene restored faith in the effectiveness of US constitutional checks—that’s Knowles
Perm do both
Statistics prove that it remains the critical obstacle to restoring goodwill—US legitimacy is derived from international law, consensual decisionmaking, moderation, and the preservation of peace—our detention policies directly erodes all four of those pillars—that’s Welsh
1) NSC’s relaxed procedural and evidentiary rules undermine commitment to the rule of law – turns the aff
Cole 08, Professor of Law at Georgetown (David, A CRITIQUE OF "NATIONAL SECURITY COURTS, www.constitutionproject.org/pdf/Critique_of_the_National_Security_Courts.pdf) Most importantly, there is the intrinsic and inescapable problem of definition. Whereas the AND a showing would also enable it to proceed via the traditional criminal process.
a) Relaxed evidentiary rules
Vladeck 09, Law Prof at American (Stephen, THE CASE AGAINST NATIONAL SECURITY COURTS, willamette.edu/wucl/resources/journals/review/pdf/Volume2045/WLR45-3_Vladeck.pdf) A national security court, in contrast, would be marked by relaxed evidentiary rules AND in discovery to their confederates—and we know that they do so.
b) No jury trial or adequate defense counsel
Rittgers 09, Attorney, decorated former Army Special Forces officer, and legal policy analyst at Cato (David, National Security Court: Reinventing the Wheel, Poorly, www.cato.org/publications/commentary/national-security-court-reinventing-wheel-poorly) In Sulmasy’s proposed "national security court," suspected terrorists would be tried in front AND follow any rules. Looking for terrorists? No warrant? No problem.
c) Judge selection
Cole 08, Professor of Law at Georgetown (David, A CRITIQUE OF "NATIONAL SECURITY COURTS, www.constitutionproject.org/pdf/Critique_of_the_National_Security_Courts.pdf) In addition, these proposals are alarmingly short on details with respect to the selection AND hardly a criterion that lends itself to the appearance of fairness and impartiality.
3) NSC’s discriminatory policy undermines international perception of legal legitimacy and devastates soft power
Shulman 09, Law Prof at Pace (Mark, NATIONAL SECURITY COURTS: STAR CHAMBER OR SPECIALIZED JUSTICE?, ssrn.com/abstract=1328427) National security or terrorist courts in other countries offer troubling lessons, mostly because of AND "public opinion which alone can here protect the values of democratic government."
Terrorists wont attack
John Mueller, Professor of Political Science at Ohio State University, April 30, 2009, "The Atomic Terrorist?" International Commission on Nuclear Non-Proliferation and Disarmament, http://www.icnnd.org/latest/research/Mueller_Terrorism.pdf-http://www.icnnd.org/latest/research/Mueller_Terrorism.pdf accessed 7/2/10 Alarm about the possibility that small groups could set off nuclear weapons have been repeatedly AND have discovered that the tremendous effort required is scarcely likely to be successful.
2AC Court Capital
Judges don’t consider capital when deciding.
Landau, JD Harvard and clerk to US CoA judge, 2005 (David Landau, JD Harvard Law, clerk to Honorable Sandra L. Lynch, U.S. Court of Appeals for the First Circuit, 2005, "THE TWO DISCOURSES IN COLOMBIAN CONSTITUTIONAL JURISPRUDENCE: A NEW APPROACH TO MODELING JUDICIAL BEHAVIOR IN LATIN AMERICA" 37 Geo. Wash. Int’l L. Rev. 687) Theoretically, attitudinalists could argue that judges rule in accordance with their own ideological preferences AND , what matters is the outcome, not the reasoning of the case.
Winners Win
Lawrence G. Sager Prof Law ’81 (Professor of Law, New York University) April, 1981 Constitutional Triage Columbia Law Review, Vol. 81, No. 3. pp. 707-719. A second objection, to which Professor Choper has made himself more directly vulnerable, AND may serve over time to erode public tolerance of the Court’s controversial decisions.
Kennedy won’t be on top—he came out against the plan
Vaughn and Wiliams, Professors of Law, 13 ~2013, Katherine L. Vaughns B.A. (Political Science), J.D., University of California at Berkeley. Professor of Law, University of Maryland Francis King Carey School of Law, and Heather L. Williams, B.A. (French), B.A. (Political Science), University of Rochester, J.D., cum laude, University of Maryland Francis King Carey School of Law, "OF CIVIL WRONGS AND RIGHTS: 1 KIYEMBA V. OBAMA AND THE MEANING OF FREEDOM, SEPARATION OF POWERS, AND THE RULE OF LAW TEN YEARS AFTER 9/11", Asian American Law Journal, Vol. 20, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2148404~~ On remand, in what came to be called Kiyemba III, 57 the D AND law principles suggests they are entitled, having had their detention determined unlawful.
Their internal link to economic collapse is awful – their calebresi evidence only says federalism creates economies of scale but doesn’t conclude much less give warrants as to how that’s key to the global economy – means there’s extremely low risk of the impact
Economic decline doesn’t cause conflict Bennett and Nordstrom 2K—department of political science at Penn State ~D Scott and Timothy, The Journal of Conflict Resolution, 44:1, "Foreign policy substitutability and internal economic problems in enduring rivalries", ProQuest~ Conflict settlement is also a distinct route to dealing with internal problems that leaders in AND of Soviet Socialist Republics could no longer compete economically with the United States.
Their empirics are wrong Ferguson 6 ~Niall, Laurence A. Tisch Professor of History at Harvard University and a Senior Fellow at the Hoover Institution at Stanford. The next war of the world, Foreign Affairs. V 85. No 5.~ Nor can economic crises explain the bloodshed. What may be the most familiar causal AND economic catastrophe, and some severe economic crises were not followed by war.
2AC Deference
Reject deference—if the court overreaching, Congress can fill in and ensure executive authority, but there’s no comparable check on executive overreaching—star this argument
Jinks and Katyal 7 ~April, 2007, Derek Jinks is Assistant Professor of Law, University of Texas School of Law. Neal Kumar Katyal is Professor of Law, Georgetown University Law Center, "Disregarding Foreign Relations Law", 116 Yale L.J. 1230~
Courts say that the nation must speak in "one voice" in its foreign AND striking and provides a lopsided view of what would happen under their proposal.
Defer to empirics—Judicial review has minimal impact on military operations
Irony pervades Greg Jacob’s hortatory defense of the current state of the D.C AND who have since been released from Guantanamo, it declined to even attempt.
There’s no impact even if a Court messes up foreign policy
Knowles 9 ~Spring, 2009, Robert Knowles is an 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~ But there are limits. Although speed matters a great deal during crises, its AND .S. government to "speak in different voices" at once.
Developing countries, lax regulation, and profit maximization means warming is inevitable
Even if every American coal-fired power plant were to close, that would AND They are all totally devoted to replacing the reserves they consume every year."
1AR
There’s no impact even if a Court messes up foreign policy
Knowles 9 ~Spring, 2009, Robert Knowles is an 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~ But there are limits. Although speed matters a great deal during crises, its AND .S. government to "speak in different voices" at once.
We meet – remove authority to do Exclusion is a war power IRLI 10 ~Immigration Reform Law Institute~ (MOTION FOR LEAVE TO FILE BRIEF OUT OF TIME AND BRIEF OF AMICUS CURIAE IMMIGRATION REFORM LAW INSTITUTE IN SUPPORT OF RESPONDENTS, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_RespondentAmCuIRLAmotion.authcheckdam.pdf) The question presented is whether the Executive Branch has the authority to exclude, expel AND that are within the constraints prescribed by Congress. Id. at 518.
The President’s "war powers" authority is his ability to conduct war
Gerald G. Howard - Spring, 2001, Senior Notes and Comments Editor for the Houston Law Review, COMMENT: COMBAT IN KOSOVO: IGNORING THE WAR POWERS RESOLUTION, 38 Hous. L. Rev. 261, LexisNexis ~*270~ The issue, then, becomes one of defining and monitoring AND of authority to properly assess the legality of the combat operations in Kosovo.
Authority is legally granted permission
Taylor, 1996 (Ellen, 21 Del. J. Corp. L. 870 (1996), Hein Online) The term authority is commonly thought of in the context of the law of agency AND is between what the agent can do and what the agent may do. Predictions
Calculating key to ethical engagement in the world – trying to identify with suffering directly fails
Santilli, Philosophy Professor at Siena College, ’3 (Paul, May 22, "Radical Evil, Subjection, and Alain Badiou’s Ethics of the Truth Event" World Congress of the international Society for Universal Dialogue, www.isud.org/papers/pdfs/Santilli.pdf) From the standpoint of an ethics of subjection there is even something unnecessary or superfluous AND others by responding to their needs and helping them as best we can. It is precisely by identifying being and not pretending that we know any thing about AND about the facts that encircle the void inaccessible to deliberation and practical reason.
No link – we don’t use apocalyptic rhetoric. There are no extinction scenarios in the 1AC.
====Predictions most ethical – failure of preventative action and predictions drives structural violence and inequality, only actions that act to preserve future generations can resolve power relations==== Kurasawa’4, (Fuyuki, Assistant Prof. of Sociology @ York University, Cautionary Tales, Constellations Vol. 11, No. 4, Blackwell Synergy)
In the previous section, I described how the capacity to produce, disseminate, AND the basis of which civic associations can enact the work of preventive foresight.
Policymakers will inevitably make predictions – failure to use explicit risk calculation causes poor decision-making
Fitzsimmons, Defence Analyst, ’7 (Michael, Winter, "The Problem of Uncertainty in Strategic Planning" Survival) In defence of prediction Uncertainty is not a new phenomenon for strategists. Clausewitz knew AND reinvigorate their efforts in the messy but indispensable business of predicting the future.
Deference
Reject deference—if the court overreaching, Congress can fill in and ensure executive authority, but there’s no comparable check on executive overreaching—star this argument
Jinks and Katyal 7 ~April, 2007, Derek Jinks is Assistant Professor of Law, University of Texas School of Law. Neal Kumar Katyal is Professor of Law, Georgetown University Law Center, "Disregarding Foreign Relations Law", 116 Yale L.J. 1230~
Courts say that the nation must speak in "one voice" in its foreign AND striking and provides a lopsided view of what would happen under their proposal.
Defer to empirics—Judicial review has minimal impact on military operations
Irony pervades Greg Jacob’s hortatory defense of the current state of the D.C AND who have since been released from Guantanamo, it declined to even attempt.
Exigent decisionmaking leads to ineffective action and undermines US credibility
O’Neil 11 ~Winter, 2011, Robin O’Neil, "THE PRICE OF PURITY: WEAKENING THE EXECUTIVE MODEL OF THE UNITED STATES’ COUNTER-TERROR LEGAL SYSTEM", 47 Hous. L. Rev. 1421~
Those opposed to enacting anti-terror policy through the regular bicameral process criticize the AND during the Bush Administration, and compromised the United States’ credibility abroad. n164
There’s no impact even if a Court messes up foreign policy
Knowles 9 ~Spring, 2009, Robert Knowles is an 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~ But there are limits. Although speed matters a great deal during crises, its AND .S. government to "speak in different voices" at once.
XO
Judicial action is key to judicial globalization
Flaherty—executive Key to Modeling—Suto, CJA, and Kersch
Internal executive actions don’t restore legitimacy—still perceived as not credible independent of the action taken
Goldsmith 13, Professor at Harvard Law ~05/01/13, Jack Goldsmith teaches at Harvard Law School and is a member of the Hoover Institution Task Force on National Security and Law. He is the author , most recently, of Power and Constraint, "How Obama Undermined the War on Terror", http://www.newrepublic.com/article/112964/obamas-secrecy-destroying-american-support-counterterrorism~~ These are unhappy developments for the president who in his first inaugural address pledged with AND for which he alone is today responsible, is increasingly viewed as illegitimate.
Perm do both—solves the NB because Obama will be seen as taking the lead
Perm do the CP
Anthro 2AC
1. Framework – the affirmative should get to imagine a world of fiat in which the plan happens.
That’s best
a. Evaluating reps first moots the 1ac and means the aff never wins.
b. Teaches us about policy implementation – that’s good education – teaches us cost benefit analysis and decisionmaking
2. Their argument is ethically naïve—ethics should be grounded in direct experience—pain and consciousness should be our moral guidelines.
Phelps 2k9 Norm, animal rights activist and author of The Longest Struggle: Animal Advocacy from Pythagoras to PETA, "The Quest for a Boundless Ethic: A Reassessment of Albert Schweitzer" Journal for Critical Animal Studies, VII.1,
Here, Schweitzer makes no distinction between the way we should treat sentient and insentient AND an ethic based on love and compassion by trying to reach beyond it.
3. No Link - We don’t do anything comparative of humans to species centered thinking.
5. Perm Do Both - only politics can settle the question of value judgments. Their alternative is nihilist and refuses the need to still act in the face of value uncertainty.
Linda Zerilli 2009 (prof of political science, University of Chicago, Signs 2009, Toward a Feminist Theory of Judgment)
As an alternative epistemology that makes visible the irreducible relations of power in claims to AND the act of judging might give us on our own rules and standards.
1AR
Human-centeredness is a pre-requisite to care for the environment
Light 2 – Professor of environmental philosophy Andrew Light, professor of environmental philosophy and director of the Environmental Conservation Education Program, 2002, Applied Philosophy Group at New York University, METAPHILOSOPHY, v33, n4, July, p. 561 It should be clear by now that endorsing a method¬ological environmental pragmatism requires an ac-ceptance AND the public. Both anthropocentric and nonanthropocentric claims should be open to us.
A restriction is a law or rule that limits allowable action
Oxford Advanced Learner’s Dictionary – 2013, http://oald8.oxfordlearnersdictionaries.com/dictionary/restriction-http://oald8.oxfordlearnersdictionaries.com/dictionary/restriction restriction NOUN 1 ~countable~ a rule or law that limits what you can do or what can happen import/speed/travel, etc. restrictions restriction on something to impose/place a restriction on something The government has agreed to lift restrictions on press freedom. There are no restrictions on the amount of money you can withdraw. 2 ~uncountable~ the act of limiting or controlling somebody/something sports clothes that prevent any restriction of movement A diet to lose weight relies on calorie restriction in order to obtain results. 3 ~countable~ a thing that limits the amount of freedom you have the restrictions of a prison
The President’s "war powers" authority is his ability to conduct war
Gerald G. Howard - Spring, 2001, Senior Notes and Comments Editor for the Houston Law Review, COMMENT: COMBAT IN KOSOVO: IGNORING THE WAR POWERS RESOLUTION, 38 Hous. L. Rev. 261, LexisNexis ~*270~ The issue, then, becomes one of defining and monitoring AND of authority to properly assess the legality of the combat operations in Kosovo.
Authority is legally granted permission
Taylor, 1996 (Ellen, 21 Del. J. Corp. L. 870 (1996), Hein Online) The term authority is commonly thought of in the context of the law of agency AND is between what the agent can do and what the agent may do.
Solvency
No circumvention and the courts are effective—the executive will consent
The Courts.—The courts constrain the Executive, both because courts are necessary to AND of law, including law defined as what a court will likely order.
2AC NSC
Perm do both: have Congress create a national security court AND have the federal judiciary rule that the president cannot detain individuals who have already won their habeas trials. The NSC question of how individuals win their trials can be solved, but the substance of the perception of habeas still requires a new court ruling that shores back perception caused from Kiyemba.
The CP doesn’t solve either advantage—establishes emergency violations of human rights as legitimate and hurts US soft power
Shulman 09, Law Prof at Pace (Mark, NATIONAL SECURITY COURTS: STAR CHAMBER OR SPECIALIZED JUSTICE?, ssrn.com/abstract=1328427) National security or terrorist courts in other countries offer troubling lessons, mostly because of AND "public opinion which alone can here protect the values of democratic government."
The CP undermine US legitimacy
Glazier 8 ~Spring, 2008, David Glazier is an Associate Professor, Loyola Law School Los Angeles. J.D., University of Virginia School of Law, "A SELF-INFLICTED WOUND: A HALF-DOZEN YEARS OF TURMOIL OVER THE GUANTANAMO MILITARY COMMISSIONS", 12 Lewis 26 Clark L. Rev. 131~ A proposal that gained some support in mid-2007 is to create a dedicated AND ground by compromising the integrity of the U.S. justice system.
====Doesn’t solve perception of upholding Boumediene and destroys habeas protections==== Diller 10, Assistant Professor, Willamette University College of Law. (Paul, "Assistant Professor, Willamette University College of Law" Spring, 2010 University of Chicago Law Review 77 U. Chi. L. Rev. 585, Lexis) Part I explained how a replacement for habeas might satisfy the Suspension Clause even if AND would do the same, an issue outside the scope of this Article.
2AC Deference
The Zivotofsky case killed PQD
Skinner 8/23, Professor of Law at Willamette (13, Gwynne, Misunderstood, Misconstrued, and Now Clearly Dead: The ’Political Question Doctrine’ in Cases Arising in the Context of Foreign Affairs, papers.ssrn.com/sol3/papers.cfm?abstract_id=2315237) In case there was any doubt, the Supreme Court in 2012 once and for AND the judiciary, even where those cases affect national security or foreign policy.
There’s no link because the ruling only applies to people who have already won their hearings. Their link requires that we drastically overhaul the system of detainee rights against executive action.
Reject deference—if the court overreaching, Congress can fill in and ensure executive authority, but there’s no comparable check on executive overreaching—star this argument
Jinks and Katyal 7 ~April, 2007, Derek Jinks is Assistant Professor of Law, University of Texas School of Law. Neal Kumar Katyal is Professor of Law, Georgetown University Law Center, "Disregarding Foreign Relations Law", 116 Yale L.J. 1230~
Courts say that the nation must speak in "one voice" in its foreign AND striking and provides a lopsided view of what would happen under their proposal.
Defer to empirics—Judicial review has minimal impact on military operations
Irony pervades Greg Jacob’s hortatory defense of the current state of the D.C AND who have since been released from Guantanamo, it declined to even attempt.
There’s no impact even if a Court messes up foreign policy
Knowles 9 ~Spring, 2009, Robert Knowles is an 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~ But there are limits. Although speed matters a great deal during crises, its AND .S. government to "speak in different voices" at once.
Exigent decisionmaking leads to ineffective action and undermines US credibility
O’Neil 11 ~Winter, 2011, Robin O’Neil, "THE PRICE OF PURITY: WEAKENING THE EXECUTIVE MODEL OF THE UNITED STATES’ COUNTER-TERROR LEGAL SYSTEM", 47 Hous. L. Rev. 1421~
Those opposed to enacting anti-terror policy through the regular bicameral process criticize the AND during the Bush Administration, and compromised the United States’ credibility abroad. n164
Benevolent hegemony can regulate any impact scenarios. Countries have economic institutions that support global cooperation – this prevents conflict and is most likely. We see this in the status quo with the WTO and the IMF and the UN.
K
====Predictions most ethical – failure of preventative action and predictions drives structural violence and inequality, only actions that act to preserve future generations can resolve power relations==== Kurasawa’4, (Fuyuki, Assistant Prof. of Sociology @ York University, Cautionary Tales, Constellations Vol. 11, No. 4, Blackwell Synergy)
In the previous section, I described how the capacity to produce, disseminate, AND the basis of which civic associations can enact the work of preventive foresight.
Policymakers will inevitably make predictions – failure to use explicit risk calculation causes poor decision-making
Fitzsimmons, Defence Analyst, ’7 (Michael, Winter, "The Problem of Uncertainty in Strategic Planning" Survival) In defence of prediction Uncertainty is not a new phenomenon for strategists. Clausewitz knew AND reinvigorate their efforts in the messy but indispensable business of predicting the future.
Legal and rights based detention strategies are a critical form of resistance—even if it fails, the act of demanding habeas rights affirms the life of detainees and provides a check on state violence
Ahmad 9, Professor of Law ~2009, Muneer I. Ahmad is a Clinical Professor of Law, Yale Law School, "RESISTING GUANTÁNAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION", Northwestern University Law Review, Vol. 103, p. 1683, American University, WCL Research Paper No. 08-65~
This Article is about the work that rights do, and the work of the AND , state violence is so extreme as to attempt to extinguish the human.
1AR
T
The aff is not an immigration issue:
a) Location - The aff definitionally cannot deal with immigration authority because all detainees who have won their habeas trial are in Gitmo which is in the US
Vaughn and Williams 13, Law Profs at Maryland (2013, Katherine L. Vaughns B.A. (Political Science), J.D., University of California at Berkeley. Professor of Law, University of Maryland Francis King Carey School of Law, and Heather L. Williams, B.A. (French), B.A. (Political Science), University of Rochester, J.D., cum laude, University of Maryland Francis King Carey School of Law, "OF CIVIL WRONGS AND RIGHTS: 1 KIYEMBA V. OBAMA AND THE MEANING OF FREEDOM, SEPARATION OF POWERS, AND THE RULE OF LAW TEN YEARS AFTER 9/11", Asian American Law Journal, Vol. 20, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2148404) The district judge presiding over the Uighurs’ petitions was prepared to order their release, AND involves "admission" into U.S. territory, has already sailed
c) Status - War powers authority doesn’t end once they’ve been declared not enemy combatants
Vaughn and Williams 13, Law Profs at Maryland (2013, Katherine L. Vaughns B.A. (Political Science), J.D., University of California at Berkeley. Professor of Law, University of Maryland Francis King Carey School of Law, and Heather L. Williams, B.A. (French), B.A. (Political Science), University of Rochester, J.D., cum laude, University of Maryland Francis King Carey School of Law, "OF CIVIL WRONGS AND RIGHTS: 1 KIYEMBA V. OBAMA AND THE MEANING OF FREEDOM, SEPARATION OF POWERS, AND THE RULE OF LAW TEN YEARS AFTER 9/11", Asian American Law Journal, Vol. 20, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2148404) In 2009, the Obama administration began to pursue fertile avenues for transferring the Uighurs AND Terror—even individuals long-ago found to be innocent of wrongdoing.
They say that we are underlimiting, however they are overlimiting. We need to be able to talk about what happens when trials occur because that’s part of the legal system, too. We wouldn’t be able to run almost any affirmatives about legal restrictions if we couldn’t talk about the legal authority of the president to do things.
They say we need to decrease permission to act but this is precisely what we are doing. ~look at judge~ look a whole lot of this T argument is their pulling the wool over your eyes about what constitutes legal authority. Obama uses his war powers authority to detain the Uighurs and the plan has the court make it illegal for him to detain people after they’ve won habeas.
They say voter for fairness and education but this is never very well-articulated. They never explain what education is lost or how we’re being unfair. They read the deference DA and our main answer was a non-unique that said the PQD is dead and we read comparative evidence on why the NSC is terrible.
The K
They say we roll back democratic policies however the perm resolves this question because we can include all types of expertise, predictions OR systemic, when we make decisions.
Our Fitzsimmons evidence is important – we always make decisions and oftentimes not adequately assessing all risks means are decisions are worse. Not adequately understanding the predicted impacts of the invasion of Iraq is why it happened in the first place.
The negative totally mishandled Ahmad. There is never an adequate explanation of the way AND detention is part of a broader legal system that we attempt to reform.
Authoritarian regimes abuse the judiciary during times of conflict in order to suppress human rights for the sake of conflict. We discuss ways to amend that.
All of the 1AC is a discussion on the deliberation that occurs through transnational judicial dialogue. Our Scharf evidence is on fire about how actors empirically model the US – this is the democracy that they’re talking about.
1/19/14
USC R4 Cal GW Aff v Whitman AP Neg
Tournament: USC | Round: 4 | Opponent: Whitman AP | Judge: Ryan Cheek
Judicial Globalism
Law and Versteeg ignore key measures like case law—variance in constitutional texts are explained by latter judicial developments—US influence is strong
Thus, the headline-grabber of "decline" may depend on whether the AND between the U.S. constitutional system and those of other countries.
DA
The status quo triggers their DAs but not the advantages—the executive has functionally released all of the Uighurs, but it still happened on the executive’s terms and the court hasn’t ordered the release
The United States has transferred three Uighur Muslim detainees to Slovakia from the military prison AND assessments that they had no ties to al-Qaeda or the Taliban.
Be skeptical of their link evidence – entous cites one us official who tenuously admits that targeted killing may replace indefinite detention – that’s not indicative ov broader administrative policy
There were more drone strikes in Pakistan last month than any month since January. AND Pakistan," Mr. Zenko said, "or Yemen for that matter."
Double bind – their ackerman evidence indicates that still 50 drone strike have happened – means global war should of happened already and the disad is already triggered or that’s not enough drones and there’s no brink to the link
K~231
Legal and rights based detention strategies are a critical form of resistance—even if it fails, the act of demanding habeas rights affirms the life of detainees and provides a check on state violence
Ahmad 9, Professor of Law ~2009, Muneer I. Ahmad is a Clinical Professor of Law, Yale Law School, "RESISTING GUANTÁNAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION", Northwestern University Law Review, Vol. 103, p. 1683, American University, WCL Research Paper No. 08-65~
This Article is about the work that rights do, and the work of the AND , state violence is so extreme as to attempt to extinguish the human. War turns structural violence Goldstein 1—Prof PoliSci @ American University, Joshua, War and Gender , P. 412 First, peace activists face a dilemma in thinking about causes of war and working AND on injustice as the main cause of war seems to be empirically inadequate.
K~232 (AKA K~231 THE REMIX)
Democracy limits totalitarian biopower
Dickinson, History Prof at UC Davis, ’4 (Edward, "Biopolitics, Fascism, Democracy: Reflections On Our Discourse Concerning ’Modernity’" Central European History, Vol 37, p 1-48) In an important programmatic statement of 1996 Geoff Eley celebrated the fact that Foucault’s ideas AND not develop the dynamic of constant radicalization and escalation that characterized Nazi policies.
Legal norms are good—prevents liberal democracies from sliding into totalitarianism by eliminating instances of exclusion
Heins, Professor PolSci Concordia, ’5 (Volker, "Giorgio Agamben and the Current State of Affairs in Humanitarian Law and Human Rights Policy" German Law Journal, Vol 6 No 5) According to this basic Principle of Distinction, modern humanitarian action is directed towards those AND to identify reliable evidence for war crimes from exhumed bod- ies.39
Agamben offers no realistic alternative that has the potential to be successful against the sovereign
What are the consequences now of the "state of exception" having become a AND to recognise this difference is synonymous with a battle against injustice and oppression.
1/4/14
USC R4 Cal GW Aff v Whitman AP Neg
Tournament: USC | Round: 4 | Opponent: Whitman AP | Judge: Ryan Cheek
Judicial Globalism
Law and Versteeg ignore key measures like case law—variance in constitutional texts are explained by latter judicial developments—US influence is strong
Thus, the headline-grabber of "decline" may depend on whether the AND between the U.S. constitutional system and those of other countries.
DA
The status quo triggers their DAs but not the advantages—the executive has functionally released all of the Uighurs, but it still happened on the executive’s terms and the court hasn’t ordered the release
The United States has transferred three Uighur Muslim detainees to Slovakia from the military prison AND assessments that they had no ties to al-Qaeda or the Taliban.
Be skeptical of their link evidence – entous cites one us official who tenuously admits that targeted killing may replace indefinite detention – that’s not indicative ov broader administrative policy
There were more drone strikes in Pakistan last month than any month since January. AND Pakistan," Mr. Zenko said, "or Yemen for that matter."
Double bind – their ackerman evidence indicates that still 50 drone strike have happened – means global war should of happened already and the disad is already triggered or that’s not enough drones and there’s no brink to the link
K~231
Legal and rights based detention strategies are a critical form of resistance—even if it fails, the act of demanding habeas rights affirms the life of detainees and provides a check on state violence
Ahmad 9, Professor of Law ~2009, Muneer I. Ahmad is a Clinical Professor of Law, Yale Law School, "RESISTING GUANTÁNAMO: RIGHTS AT THE BRINK OF DEHUMANIZATION", Northwestern University Law Review, Vol. 103, p. 1683, American University, WCL Research Paper No. 08-65~
This Article is about the work that rights do, and the work of the AND , state violence is so extreme as to attempt to extinguish the human. War turns structural violence Goldstein 1—Prof PoliSci @ American University, Joshua, War and Gender , P. 412 First, peace activists face a dilemma in thinking about causes of war and working AND on injustice as the main cause of war seems to be empirically inadequate.
K~232 (AKA K~231 THE REMIX)
Democracy limits totalitarian biopower
Dickinson, History Prof at UC Davis, ’4 (Edward, "Biopolitics, Fascism, Democracy: Reflections On Our Discourse Concerning ’Modernity’" Central European History, Vol 37, p 1-48) In an important programmatic statement of 1996 Geoff Eley celebrated the fact that Foucault’s ideas AND not develop the dynamic of constant radicalization and escalation that characterized Nazi policies.
Legal norms are good—prevents liberal democracies from sliding into totalitarianism by eliminating instances of exclusion
Heins, Professor PolSci Concordia, ’5 (Volker, "Giorgio Agamben and the Current State of Affairs in Humanitarian Law and Human Rights Policy" German Law Journal, Vol 6 No 5) According to this basic Principle of Distinction, modern humanitarian action is directed towards those AND to identify reliable evidence for war crimes from exhumed bod- ies.39
Agamben offers no realistic alternative that has the potential to be successful against the sovereign
What are the consequences now of the "state of exception" having become a AND to recognise this difference is synonymous with a battle against injustice and oppression.
1/4/14
USC R5 Cal GW Aff v NYU EI Neg
Tournament: USC | Round: 5 | Opponent: NYU EI | Judge: Andy Larson
Case
The executive can’t circumvent the courts once they’ve spoken – courts legitimate government policy externally and internally by disciplining the executive
And so I think the courts, at least some have not adequately appreciated the AND a national security context. I just spoke to Bivens but that’s enough.
Law and Versteeg ignore key measures like case law—variance in constitutional texts are explained by latter judicial developments—US influence is strong
The status quo triggers their DAs but not the advantages—the executive has functionally released all of the Uighurs, but it still happened on the executive’s terms and the court hasn’t ordered the release
The United States has transferred three Uighur Muslim detainees to Slovakia from the military prison AND assessments that they had no ties to al-Qaeda or the Taliban.
Terrorists wouldn’t be able to acquire, develop, and deliver the nuclear weapon
The events required to make that happen comprise a multitude of Herculean tasks. First AND , it appears, the worst eventuality is one that will never happen.
