1NC - T XO Transparency CP CIR DA Martinot K Case 2NC - T CP Case 1NR - Politics 2NR - CP Politics Case
Clarion
3
Opponent: Liberty CE | Judge: Rubino
1AC - "Therefore Vida and I advocate that the United Snakes of Amerikkka stop locking up them bodies" (NommoCriticism of Prison Industrial ComplexCriticism of Debate Norms)
1NC - Framework Zupancic Case 2NC - Zupancic Case 1NR - Framework 2NR - Zupancic Case
Clarion
6
Opponent: Pitt KL | Judge: Autry
1AC - Nietzsche"Supergods"Watchmen 1NC - Framework Levinas K Ableism PIK Case 2NC - Ableism PIK Levinas K Case 1NR - Framework 2NR - Ableism (Case turns - no alternative) Levinas K
Korematsu Aff with narratives and criticism of debate representations of Asians as model minorities
1NC GSPEC T - WPA Abbas K (2NR) Case (2NR)
USNA
2
Opponent: Gonzaga NS | Judge: Corrigan
1AC - ZOAH (TK) 1NC T - Authority = Granted Settlerism K (2NR - Fullerton Shell) Case
USNA
4
Opponent: GMU KL | Judge: Woodruff
1AC Ban SS (Pakistan Norms) 1NC T - SS Settlerism K (2NR) Case
USNA
5
Opponent: Army BS | Judge: Benedict Eggs
1AC Virilio 1NC T Settlerism K (2NR)
Wake Forest
1
Opponent: KCKCC FG | Judge: Cooper
1AC - As first responders to the discrimination at Harvard we should bridge the community Also included personal narratives of experiences in juvenile correction drug use and discrimination on the basis of sexuality
1NC - T Zupancic Case 2NC - Zupancic Case 1NR - T 2NR - Case Zupancic
Wake Forest
8
Opponent: Weber State | Judge: Allen
1NC Extra-T Special Forces PIC Settlerism K (2NR) Case
Wake Forest
3
Opponent: Harvard KS | Judge: Meiches
1AC - Eliminate authority for Air Sea Battle deployment of armed forces
1NC - T Granted Authority T Mass Noun T Armed Forces XO CP CIR Politics DA Settlerism K Case 2NC - T Mass Noun K 1NR - Case 2NR - Case K
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Cites
Entry
Date
0 - Cite Requests
Tournament: Pre-Season | Round: 1 | Opponent: Any | Judge: Any Feel free to send any neg cite requests to the following address and I'll do my best to post within a couple days.
bosley2010@gmail.com
10/8/13
1 - T - Abolition vs Harvard BN
Tournament: Texas | Round: 2 | Opponent: Harvard BN | Judge: Donlan A. Interpretation – a topical affirmative must advocate a statutory or judicial restriction on the war powers authority of the President of the United States to indefinitely detain
Presidential war powers are limited to theatres of war – excludes domestic issues Horowitz 13 Colby P., J.D. Candidate 2014, Fordham University School of Law. “Symposium: The Goals of Antitrust: Note: Creating a more meaningful detention Stateuate: Lessons Learned From Hedges V. Obama.” 2013 Fordham Law Review. April 2013. MM
Justice Black's majority opinion in Youngstown expressed a limited view of presidential war powers. AND execute the laws, because Justice Black saw it as lawmaking and not execution 2. Indefinite detention must be of enemy personnel Van Aggelen 9 Johannes, staff member of the U.N. Human Rights Department in Geneva Switzerland. “The Bush Administration’s War on Terror: The Consequences of Unlawful Preemption and the Legal Duty to Protect the Human Rights of its Victims” Case Western Reserve Journal of International Law. 42 Case W. Res. J. Int’l L. 21. 2009. MM
The decision to bring presumed terrorists captured during the aftermath of the 9/11 AND than over only those offences defined in U.S. criminal statutes. 3. Congress enacts “statutory restrictions” and federal judiciary imposes “judicial restrictions” Peterson 91 – Associate Professor of Law at the George Washington University National Law Center (Todd D. Peterson, B.A. 1973, Brown University; J.D. 1976, University of Michigan, Book Review: The Law And Politics Of Shared National Security Power -- A Review Of The National Security Constitution: Sharing Power After The Iran-Contra Affair by Harold Hongju Koh, New Haven, Conn.: Yale University Press. 1990. Pp. x, 330, March, 1991 59 Geo. Wash. L. Rev. 747)
Based on both case law and custom, it is hard to argue that Congress AND . n91 The problem is that Congress has refused to take effective action. 4. Restrictions must be ON war powers authority Supreme Court of Canada 96 (1996 S.C.J. No. 46, File No.: 23802,http://www.mandellpinder.com/pdf/cases/R-v-Lewis-1996-1-SCR-921.pdf)
The appellants submit that the ordinary meaning of the word "on" embraces the AND , signifies "within the reserve", not "adjacent to the reserve". 5. “Authority” via “restrictions” is discretionary freedom Erik Luna, professor of law at the University of Utah, May 2K, 85 Iowa L. Rev. 1107, lexis For present purposes, a modest definition will suffice--discretion is the power to AND act at all. In other words, the actor is without discretion. 3. Indefinite Detention without clarification includes immigrant detention which is not a war power Aleinikoff 02 – Professor of Law and Former Dean and Georgetown University Law Center (T. Alexander, “ARTICLE: Detaining Plenary Power: The Meaning and Impact of Zadvydas v. Davis,” Winter 2002, 16 Geo. Immigr. L.J. 365, accessed via LexisNexis 9-30-13 Bosley)
Under Section 241(a)(6) of the Immigration and Nationality Act, AND judgments of the political branches with respect to matters of national security." n10 D. Strategic advocacy – focus on specific political strategies is key to abolitionism – pedagogy is insufficient Davis 2k Angela Davis, prof in the History of Consciousness program @ UC, prison-related activist since 1970; interviewed by Dylan Rodriguez, Assistant Prof @ UC; “The Challenge of Prison Abolition: A Conversation”; Social Justice, 27:3=81 (2000:Fall) p.212
Angela: The seemingly unbreakable link between prison reform and prison development -- referred to AND help to educate and organize people inside and outside the prison for abolition? E. Topical version of the aff – the federal judiciary could rule on a specific test case and grounds that indefinite detention is unconstitutional – none of their offense applies because they can deconstruct the underlying legitimacy of technologies of abolition and the wall with specific policy demands Thomson 05 – Lecturer in English at the Univerty of Glasgow (Alex, Deconstruction and Democracy, p. 171-73)
What Derrida proposes is not the end of revolution, however, but an extension AND an intensive engagement with the law, both within and beyond the state.
A. Interpretation and violation – and#34;introduction of armed forcesand#34; refers to US soldiers and members of the armed forces and excludes weapons systems or capabilities
Lorber, J.D. Candidate of UPenn and Ph.D. Candidate at Duke in Poli Sci, 13 (Eric, and#34;EXECUTIVE WARMAKING AUTHORITY AND OFFENSIVE CYBER OPERATIONS: CAN EXISTING LEGISLATION SUCCESSFULLY CONSTRAIN PRESIDENTIAL POWER?,and#34; Journal of Constitutional Law 15(3):961-1002, accessed 8-14-13 Bosley)
As discussed above, critical to the application of the War Powers Resolution—especially AND conceptualized and#34;armed forcesand#34; to mean U.S. combat troops.
9/25/13
1 - T - Armed Forces - 1NR vs Emory CS
Tournament: NDT | Round: 5 | Opponent: Emory CS | Judge: Buntin, Ryan, Kearney B) Topic Coherency – “offensive cyber operations” is the only weapons system in the resolution and is explicitly differentiated from armed forces – their interpretation makes this redundant as cyber command already falls under uniformed armed forces if evey weapon falls under armed forces or tk then we wouldn’t have ocos– proves their interpretation is unpredictable and explodes neg research burden USSTRATCOM 13 (“U.S. Cyber Command,” http://www.stratcom.mil/factsheets/Cyber_Command/, accessed 10-22-13 Bosley)
U.S. Cyber Command (USCYBERCOM) Commander General Keith B. Alexander Mission USCYBERCOM plans, coordinates, integrates, synchronizes and conducts activities to: direct the operations and defense of specified Department of Defense information networks and; prepare to, and when directed, conduct full spectrum military cyberspace operations in order to enable actions in all domains, ensure US/Allied freedom of action in cyberspace and deny the same to our adversaries. Focus The Command has three main focus areas: Defending the DoDIN, providing support to combatant commanders for execution of their missions around the world, and strengthening our nation's ability to withstand and respond to cyber attack. The Command unifies the direction of cyberspace operations, strengthens DoD cyberspace capabilities, and AND also works closely with interagency and international partners in executing these critical missions. Organization USCYBERCOM is a sub-unified command subordinate to U. S. Strategic Command (USSTRATCOM). Service elements include: Army Cyber Command (ARCYBER); Air Forces Cyber (AFCYBER); Fleet Cyber Command (FLTCYBERCOM); and Marine Forces Cyber Command (MARFORCYBER). The Command is also standing up dedicated Cyber Mission Teams to accomplish the three elements of our mission.
Landmines are not targetd killing Anderson 11 – Professor of Law at Washington College of Law and American University (Kenneth, also member of the Hoover Task Force on National Security and Law and Non-Resident Visiting Fellow at Brookings, “Efficiency in Bello and ad Bellum: Targeted Killing Through Drone Warfare,” Sept 23 2011, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1812124)
Although targeted killing and drone warfare are often closely connected, they are not the AND than individualized “high value” targets, whether Taliban or Al Qaeda.
Landmines are not targetd killing Dunn and Wolff 13 (David Hastings Dunn – Reader in International Politics and Head of Department in the Department of Political Science and International Studies at the University of Birmingham, UK, and Stefan Wolff – Professor of International Security at the University of Birmingham in the UK, March 2013, “Drone Use in Counter-Insurgency and Counter-Terrorism: Policy or Policy Component?,” in Hitting the Target?: How New Capabilities are Shaping International Intervention, ed. Aaronson and Johnson, http://www.rusi.org/downloads/assets/Hitting_the_Target.pdf)
Yet an important distinction needs to be drawn here between acting on operational intelligence that AND they can offer each other. Put differently, signature strikes, in contrast
3/29/14
1 - T - Armed Forces vs MSU
Tournament: Fullterton | Round: 1 | Opponent: MSU FK | Judge: Paul “Armed forces” introduced into “hostilities” only refers to US soldiers and members of the armed forces, not weapon systems Lorber, J.D. Candidate of UPenn and Ph.D. Candidate at Duke in Poli Sci, 13 (Eric, “EXECUTIVE WARMAKING AUTHORITY AND OFFENSIVE CYBER OPERATIONS: CAN EXISTING LEGISLATION SUCCESSFULLY CONSTRAIN PRESIDENTIAL POWER?,” Journal of Constitutional Law 15(3):961-1002, accessed 8-14-13 Bosley)
As discussed above, critical to the application of the War Powers Resolution—especially AND is highly unlikely—such operations will not trigger the War Powers Resolution. There are two violations A) Military “force” includes more than “armed forces” such as weapons, equipment, and fleets Department of Defense Dictionary of Military and Associated Terms (JP1-02) 09 (As Amended Through 31 October 2009, http://jitc.fhu.disa.mil/jitc_dri/pdfs/jp1_02.pdf, accessed 1-6-13 Bosley)
force — 1. An aggregation of military personnel, weapon systems, equipment, and necessary support, or combination thereof. 2. A major subdivision of a fleet. (JP 1) B) The plan restricts offensive use of military force in all cases – not just “hostilities” Chesney, 11 (Robert, Charles I. Francis Professor in Law at the University of Texas School of Law and a senior editor at the Journal of National Security Law and Policy, "Web Chat: Libya and the War Powers Resolution", June 22, www.brookings.edu/blogs/up-front/posts/2011/06/22-war-powers-resolution-chat NL)
1/7/14
1 - T - Authority
Tournament: JMU | Round: 2 | Opponent: Liberty BM | Judge: Opperman A. Interpretation: Restrictions on authority have principal actors – Congress is the principal actor of the president. Hawkins et al 05 professor of law at Brigham Young, Darren, Delegation Under Anarchy: States, International Organizations, and Principal-Agent Theory, http://mjtier.people.wm.edu/papers/INTRO20HLNT20July2031.pdf
The relations between a principal and an agent are always governed by a con- AND principals, actors must both grant and have the power to revoke authority.
10/11/13
1 - T - Authority Granted
Tournament: Wake Forest | Round: 3 | Opponent: Harvard KS | Judge: Meiches Interpretation – “war powers authority of the President” refers to authority provided by explicit authorization from Congress Bejesky 2012 (Robert, M.A. Political Science (Michigan), M AND Journal, 44 St. Mary's L. J. 1, lexis) V. CONCLUSION¶ The roles of war powers delegated to Congress and the Executive AND discord about the scope of the Executive's war powers for nearly two centuries.
1/1/14
1 - T - Authority vs CIA-DOD Shift
Tournament: Clarion | Round: 2 | Opponent: Liberty LS | Judge: Turnage A. Interpretation – restrictions are prohibitions Schiedler-Brown 12 – Attorney at Jean Schiedler Brown and Associates (Jean, Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf)
3. The ordinary definition of the term "restrictions" also does not include AND some supervision conditions, but he did not agree to restrict his license. Authority is power delegated to an agent by a principle Kelly 3 Judge for the State of Michigan, JOSEPH ELEZOVIC, Plaintiff, and LULA ELEZOVIC, Plaintiff-Appellant/Cross-Appellee, v. FORD MOTOR COMPANY and DANIEL P. BENNETT, Defendants-Appellees/Cross-Appellants., No. 236749, COURT OF APPEALS OF MICHIGAN, 259 Mich. App. 187; 673 N.W.2d 776; 2003 Mich. App. LEXIS 2649; 93 Fair Empl. Prac. Cas. (BNA) 244; 92 Fair Empl. Prac. Cas. (BNA) 1557, lexis
Applying agency principles, a principal is responsible for the acts of its agents done AND be delegated in carrying out the principal's business." Id. at 1348.
Restrictions on authority are distinct from conditions Conner 78 – Former Federal Judge for the United States District Court for the Southern District of New York (William, United States District Court, S. D. New York, CORPORACION VENEZOLANA de FOMENTO v. VINTERO SALES, http://www.leagle.com/decision/19781560452FSupp1108_11379)
Plaintiff next contends that Merban was charged with notice of the restrictions on the authority AND were not authorized to act except upon the fulfillment of the specified conditions.
B. Violation – DOD shift doesn’t restrict authority Spencer Ackerman, Wired DangerRoom, 3/20/13, Little Will Change If the Military Takes Over CIA’s Drone Strikes, www.wired.com/dangerroom/2013/03/military-drones/
Nor does the change to military drone control restrict the relevant AND the Joint Special Operations Command to get out of Yemen.
11/14/13
1 - T - Commander in Chief vs First Resort
Tournament: UGA | Round: Finals | Opponent: Emory DK | Judge: Mosley-Jensen, Cramer, Poapst A. Interpretation – authority means expressly granted – Presidential assertions don’t count Words and Phrases, 4 (Volume 4a, Cumulative Supplement Pamphlet, p. 275)
U.S.N.Y. 1867. Under the federal judiciary act, giving AND —Milligar v. Hartupee, 73 U.S. 258, 6 Wall. 258, 18 L.Ed. 829 Presidential war powers authority is only Congressionally conferred Telman 01 – Associate, Sidley, Austin, Brown and Wood, New York (Jeremy, “ARTICLE: A Truism That Isn'T True? The Tenth Amendment and Executive War Power,” 51 Cath. U.L. Rev. 135, lexis)
The President's power as Commander-in-Chief AND The power of calling them out is vested in Congress. n231 B. Violation – the plan restricts self-defense, which is derived from Commander in Chief power, not war powers authority. Stromseth 96 – Associate Professor, Georgetown University Law Center (Jane, Book Review: Understanding Constitutional War Powers Today: Why Methodology MattersPresidential War Power. By Louis Fisher. * Lawrence: University Press of Kansas, 1995. Pp. xvi, 245. $ 29.95 (hbk.), $ 14.95 (pbk.), 106 Yale L.J. 845, lexis)
Most other classicists view the President's authority more narrowly. AND authorizes the President to protect Americans from external force in an emergency." n232
2/4/14
1 - T - Ericson
Tournament: Kentucky | Round: 1 | Opponent: Emory JS | Judge: JV Reed The aff should only get advantages stemming from implementation of the plan – the aff is extra-topical because they claim offense based on a thought experiment Ericson et al. 03 (Jon M., Dean Emeritus of the College of Liberal Arts at California Polytechnic State University, 2003, “The Debater’s Guide,” Third Edition,” p. 7, accessed via Google Books on 3-29-12 Bosley)
The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose.
10/9/13
1 - T - Ericson vs Army BS
Tournament: USNA | Round: 5 | Opponent: Army BS | Judge: Benedict Eggs A. Interpretation – advantages and reasons to vote aff can only stem from the implementation of a topical policy action Ericson et al. 03 (Jon M., Dean Emeritus of the College of Liberal Arts at California Polytechnic State University, 2003, “The Debater’s Guide,” Third Edition,” p. 7, accessed via Google Books on 3-29-12 Bosley)
The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose.
Congress enacts “statutory restrictions” and federal judiciary imposes “judicial restrictions” Peterson 91 (Todd D. Peterson, Associate Professor of Law, The George Washington University, National Law Center; B.A. 1973, Brown University; J.D. 1976, University of Michigan, Book Review: The Law And Politics Of Shared National Security Power -- A Review Of The National Security Constitution: Sharing Power After The Iran-Contra Affair by Harold Hongju Koh, New Haven, Conn.: Yale University Press. 1990. Pp. x, 330, March, 1991 59 Geo. Wash. L. Rev. 747)
Based on both case law and custom, it is hard to argue that Congress AND . n91 The problem is that Congress has refused to take effective action.
3. The ordinary definition of the term "restrictions" also does not include AND some supervision conditions, but he did not agree to restrict his license.
Cyber Collection: Operations and related programs or activities conducted by or on behalf of AND such as inhibiting detection or attribution, even if they create cyber effects. Defensive Cyber Effects Operations (DCEO): Operations and related programs or activities other than network defense or cyber collection - conducted by or on behalf of the United States Government, in or through cyberspace, that are intended to enable or produce cyber effects outside United States Government networks for the purpose of defending or protecting against imminent threats or ongoing attacks or malicious cyber activity against U.S. national interests from inside or outside cyberspace. Nonintrusive Defensive Countermeasures (NDCM): The subset of DCEO that does not require accessing computers, information or communications systems, or networks without authorization from the owners or operators of the targeted computers, information or communications systems, or networks or exceeding authorized access and only creates the minimum cyber effects needed to mitigate the threat activity. Offensive Cyber Effects Operations (OCEO): Operations and related programs or activities other than network defense, cyber collection, or DCEO -- conducted by or on behalf of the United States Government, in or through cyberspace, that are intended to enable or produce cyber effects outside United States Government networks.
B. Violations
The Agent – debaters are not Congress or the Supreme Court – that means they violate both the agent of the resolution and the definition of “statutory restrictions” because defense intellectuals in debate cannot pass statutory restrictions – independently a reason to vote neg on presumption 2. Methodology – they claim advantages from their discussion and reframing of politics, not just implementation of statutory restrictions on the President’s war powers authority 3. Restrictions – the plan text specifies “restricting” – those are not by definition “restrictions” which require prohibition 4. OCOs – pre-emptive cyber attacks are and include defensive cyber operations Dycus 10 (Stephen, professor at the Vermont Law School, “Congress’ Role in Cyber Warfare”, JOURNAL OF NATIONAL SECURITY LAW and POLICY Vol. 4:153 2010, pdf, NL)
Cyber warfare, as that term is used here, refers to conflicts that utilize AND itself by responding¶ with a preemptive attack, either cyber or kinetic.
C. Vote neg if we win any one of these violations
Extra-topicality – allowing the aff to leverage anything except implementation of the plan justifies infinite external aff offense to negate any negative strategy and stripping all neg ground and proves the resolution insufficient for affirmation 2. Limits – there’s an infinite number of methodological approaches to the resolution outside strict defense of hypothetical implementation of a plan – makes neg research burden impossible This is magnified by their methodology not resulting in a topical action – kills even generic neg ground because there are an infinite number of limitations that do not prohibit war powers authority of the President as well as multiple forms of cyber attacks and operations outside “offensive cyber operations” which are unpredictable – being in the direction of the resolution is insufficient 3. Bi-directionality – absent prohibition affs can provide more executive war powers through mechanisms that provide legitimacy to use – denies core neg ground from impact turning case areas Posner 12 (Eric, University of Chicago Law, "Deference to the Executive in the United States After September 11: Congress, the Courts, and the Office of Legal Counsel", http://ericposner.com/DEFERENCE20TO20THE20EXECUTIVE.pdf-http://ericposner.com/DEFERENCE TO THE EXECUTIVE.pdf, accessed 9-15-13 Bosley)
To see why, consider an example in which the President must choose an action AND their power. If it did not, people would not enter contracts. 4. Devil-in-the-details – failure to specify what restrictions result from the plan makes it impossible to test their advocacy even in the abstract – destroys clash and means their methodology has no spillover Ignatieff 04, Professor of Human Rights at Harvard, (Michael, Lesser Evils, pages 18-19)
As for mor1al perfectionism, this would be the doctrine that a liberal state should AND , and thus respect for one right might lead us to betray another.
5. Topical version of the aff solves all of their offense – Congress could statutorily prohibit pre-emptive use of offensive cyber operations by the President of the United States without a formal declaration of war – preserves predictability and neg ground while allowing all of their Virilio offense
1/19/14
1 - T - Extra-T vs Emory CS
Tournament: NDT | Round: 5 | Opponent: Emory CS | Judge: Buntin, Ryan, Kearney The aff is extra-topical A. Actor – plan text only specifies “United States Federal government” which includes all three branches – only topical actors for statutory or judicial restrictions are Congress and the federal judiciary Peterson 91 – Associate Professor of Law at the George Washington University National Law Center (Todd D. Peterson, B.A. 1973, Brown University; J.D. 1976, University of Michigan, Book Review: The Law And Politics Of Shared National Security Power -- A Review Of The National Security Constitution: Sharing Power After The Iran-Contra Affair by Harold Hongju Koh, New Haven, Conn.: Yale University Press. 1990. Pp. x, 330, March, 1991 59 Geo. Wash. L. Rev. 747)
Based on both case law and custom, it is hard to argue that Congress AND . n91 The problem is that Congress has refused to take effective action. B. Land Mine Treaty does more than prevent introducing land mines including rehabilitation, removal, and forcing country conformity The Mine Ban Treaty 97 ("CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI-PERSONNEL MINES AND ON THEIR DESTRUCTION", September 18 97, www.un.org/Depts/mine/UNDocs/ban_trty.htm NL)
Preamble The States Parties, Determined to put an end to the suffering and casualties AND on the principle that a distinction must be made between civilians and combatants,
3/29/14
1 - T - Extra-T vs Weber State
Tournament: Wake Forest | Round: 8 | Opponent: Weber State | Judge: Allen The affirmative is extra-topical A) “The United States should” means the aff can only claim advantages from the implementation of a topical policy, not from discourse Ericson et al. 03 (Jon M., Dean Emeritus of the College of Liberal Arts at California Polytechnic State University, 2003, “The Debater’s Guide,” Third Edition,” p. 7, accessed via Google Books on 3-29-12 Bosley)
The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose. B) Congress enacts “statutory restrictions” and federal judiciary imposes “judicial restrictions,” neither of which are specified by the plan – the actor can’t be debaters or the executive which is included in the plan text’s actor “the United States federal government” Peterson 91 (Todd D. Peterson, Associate Professor of Law, The George Washington University, National Law Center; B.A. 1973, Brown University; J.D. 1976, University of Michigan, Book Review: The Law And Politics Of Shared National Security Power -- A Review Of The National Security Constitution: Sharing Power After The Iran-Contra Affair by Harold Hongju Koh, New Haven, Conn.: Yale University Press. 1990. Pp. x, 330, March, 1991 59 Geo. Wash. L. Rev. 747)
Based on both case law and custom, it is hard to argue that Congress AND . n91 The problem is that Congress has refused to take effective action.
C) The resolution states that aff can increase statutory “and/or” judicial restrictions – means it can be one or both, making the aff conditional Dictionary.com 12 (“and/or,” http://dictionary.reference.com/browse/and2For, accessed 10-4-12 Bosley)
and/or — conj ( coordinating ) used to join terms when either one or the other or both is indicated: passports and/or other means of identification
1/1/14
1 - T - Framework
Tournament: Kentucky | Round: 5 | Opponent: Gonzaga | Judge: Turner A. Interpretation – the aff should defend the implementation of a topical policy action
“The United States federal government should” means the debate is solely about hypothetical policy action Ericson et al. 03 (Jon M., Dean Emeritus of the College of Liberal Arts at California Polytechnic State University, 2003, “The Debater’s Guide,” Third Edition,” p. 7, accessed via Google Books on 3-29-12 Bosley)
The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose.
2. “The United States federal government” is the legislative, judicial, and executive branches USA.gov 12 (Official US. Government Web Portal, “U.S. Federal Government, last updated 3-27-12, http://www.usa.gov/Agencies/federal.shtml, accessed 3-29-12 Bosley)
U.S. Federal Government The three branches of U.S. government—legislative, judicial, and executive—carry out governmental power and functions.
3. “War powers authority of the President” refers to deployment of military force Bejesky 2012 (Robert, M.A. Political Science (Michigan), M AND Journal, 44 St. Mary's L. J. 1, lexis)
V. CONCLUSION¶ The roles of war powers delegated to Congress and the Executive AND discord about the scope of the Executive's war powers for nearly two centuries.
3. Skills development – discussion of specific policy-questions breaks out of traditional pedagogical frameworks by positing students as agents of decision-making Esberg and Sagan 12 (*Jane Esberg is special assistant to the director at New York University's Center on. International Cooperation. She was the winner of 2009 Firestone Medal, AND Scott Sagan is a professor of political science and director of Stanford's Center for International Security and Cooperation “NEGOTIATING NONPROLIFERATION: Scholarship, Pedagogy, and Nuclear Weapons Policy,” 2/17 The Nonproliferation Review, 19:1, 95-108)
These government or quasi-government think tank simulations often provide very similar lessons for AND quickly; simulations teach students how to contextualize and act on information.14
Empowering students through academic debates of presidential war powers are necessary to check excessive executive war-making Young 13 – Associate Professor of Communication and Director of Forensics at Wayne State (Kelly, “Why Should We Debate About Restriction of Presidential War Powers,” 9-4-13, http://public.cedadebate.org/node/13, accessed 9-4-13 Bosley)
Beyond its obviously timeliness, we believed AND stand as an important potential check on the presidency.
4. Stasis – even if it is possible to debate the aff, a focus on a specific policy action is more productive by providing a limited topic of discussion and equitable ground Steinberg and Freeley 08 (David L. – Lecturer of Communication Studies at the University of Miami, and Austin – Criminal, Personal Injury, and Civil Rights Law Attorney, “Argumentation and Debate: Critical Thinking for Reasoned Decision Making,” 12th Edition, http://www.scribd.com/doc/54200547/Argumentation, p43-45, accessed 7-18-12 Bosley)
Debate is a means of settling differences, so there must be a difference of AND particular point of difference, which will be outlined in the following discussion.
10/9/13
1 - T - Framework - Updated
Tournament: Wake Forest | Round: 1 | Opponent: KCKCC FG | Judge: Cooper Interpretation and violation – the aff should defend the implementation of a topical policy – they don’t
“The United States federal government should” means the debate is solely about hypothetical policy action Ericson et al. 03 (Jon M., Dean Emeritus of the College of Liberal Arts at California Polytechnic State University, 2003, “The Debater’s Guide,” Third Edition,” p. 7, accessed via Google Books on 3-29-12 Bosley)
The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose. 2. Congress enacts “statutory restrictions” and federal judiciary imposes “judicial restrictions” Peterson 91 – Associate Professor of Law at the George Washington University National Law Center (Todd D. Peterson, B.A. 1973, Brown University; J.D. 1976, University of Michigan, Book Review: The Law And Politics Of Shared National Security Power -- A Review Of The National Security Constitution: Sharing Power After The Iran-Contra Affair by Harold Hongju Koh, New Haven, Conn.: Yale University Press. 1990. Pp. x, 330, March, 1991 59 Geo. Wash. L. Rev. 747)
Based on both case law and custom, it is hard to argue that Congress AND . n91 The problem is that Congress has refused to take effective action. 3. “War powers authority of the President” refers to Commander in Chief power to deploy military force Bejesky 12 (Robert, M.A. Political Science (Michigan), M AND Journal, 44 St. Mary's L. J. 1, lexis)
V. CONCLUSION¶ The roles of war powers delegated to Congress and the Executive AND discord about the scope of the Executive's war powers for nearly two centuries.
Vote negative
Stasis – there’s a limitless number of alternative frameworks outside of instrumental defense of the resolution which are unpredictable and unmanageable for the neg’s research burden – a focus on a specific policy action provides a limited topic of discussion and equitable ground for productive clash Steinberg and Freeley 08 (David L. – Lecturer of Communication Studies at the University of Miami, and Austin – Criminal, Personal Injury, and Civil Rights Law Attorney, “Argumentation and Debate: Critical Thinking for Reasoned Decision Making,” 12th Edition, http://www.scribd.com/doc/54200547/Argumentation, p43-45, accessed 7-18-12 Bosley)
Debate is a means of settling differences, so there must be a difference of AND particular point of difference, which will be outlined in the following discussion. 2. Aff conditionality – vague advocacies not tied to particular policies allows the aff to become moving targets by re-describing their advocacy in the 2AC – makes them a moving target mooting stable neg ground and the ability to test the truth-value of the aff 3. Extra-topicality – allowing affirmation outside of implementation justifies infinite external aff offense based on discourse or methodology to moot any neg strategy 4. Switch-side debate – detachment in debate for sake of deliberation is productive by guaranteeing clash and teaching epistemic modesty – any reason the resolution is bad or insufficient is a reason to vote neg Haskell 90 – Professor of History at Rice University (May, Thomas, History and Theory, 29.2, “Objectivity is Not Neutrality: Rhetoric vs. Practice in Peter Novick’s That Noble Dream”, p. 129-157)
Detachment functions in this manner not by draining us of passion, but by helping AND , or editorially splitting the difference between them, irrespective of their perceived merits 5. Policy Education – simulations of specific war powers policies preserves student agency while enhancing decision-making and ability to actualize real-world change Donahue 13 – Associate Professor of Law at Georgetown (Laura K., “National Security Law Pedagogy and the Role of Simulations”, 4-11-13, http://jnslp.com/wp-content/uploads/2013/04/National-Security-Law-Pedagogy-and-the-Role-of-Simulations.pdf)
The concept of simulations as an aspect of higher education, or in the law AND undoubtedly necessary, it suggests one potential direction for the years to come.
11/16/13
1 - T - GSPEC
Tournament: USC | Round: 2 | Opponent: UNLV KO | Judge: Hagwood B) Education – rationale is key to test plan implementation and prevent a structural literature bias for the aff from generic defenses of the court – vote neg on presumption because judges can’t model without grounds Sutton 1—Circuit Judge, United States Court of Appeals for the Sixth Circuit Sutton, Jeffrey S. Michigan Law Review April 2010
The opinion-writing process provides another constraint. Unlike the democratically elected branches of AND influential is that they do just that. Others should follow his example.
1/3/14
1 - T - Mass Noun
Tournament: Kentucky | Round: 7 | Opponent: Cal Berkeley MS | Judge: Bertram A. Interpretation
Authority is s mass noun – that’s Oxford noun (plural authorities)¶ 1 AND the money was spent without parliamentary authority
2. Mass nouns are not countable. English club, 13 http://www.englishclub.com/grammar/nouns-un-countable_2.htm Uncountable nouns are substances, concepts etc that we cannot divide AND count "milk" itself 3. there is a distinction between discretion and authority “Authority” via “restrictions” is discretionary freedom (discretion is an “all or nothing” question) Erik Luna, professor of law at the University of Utah, May 2000, 85 Iowa L. Rev. 1107, lexis For present purposes, AND the actor is without discretion.
10/9/13
1 - T - PMCs
Tournament: UGA | Round: 6 | Opponent: GSU NS | Judge: Gibson 1NC “War powers authority of the President” refers to authority to deploy military force based on government authorization Bejesky 2012 (Robert, M.A. Political Science (Michigan), M AND Journal, 44 St. Mary's L. J. 1, lexis) V. CONCLUSION The roles of war powers delegated to Congress and the Executive within AND discord about the scope of the Executive's war powers for nearly two centuries.
The scope of actors that fall within the War Powers Consultation proposal should be broadened AND UAVs and other technological innovations that act on behalf of the nation.349 A) The plan alters explicitly nongovernmental functions – this is the summary of the FAIRCA of 1998 http://www.whitehouse.gov/omb/procurement_fairact To provide a process for identifying the functions of the Federal Government that are not inherently governmental functions, and for other purposes
B) The President has no authority over PMCs Singer 11 (Peter Warren Singer is an American Political Scientist and international relations scholar, he is currently a senior fellow at the Brookings institution, where he is the director of the 21st century Defense Initiative; “Private Military Firms”; 2011 http://www.crimesofwar.org/a-z-guide/787/ gp)
“They shoot people, and someone else has to deal with the aftermath. AND complex” back in the 1950s never imagined it would go so far.¶ 1NR War powers authority does not apply to PMCs Michaels 4 (Jon Michaels – Law Clerk to the Honorable Guido Calabresi, U.S. Court of Appeals for the Second Circuit; Law Clerk designate, the Honorable David H. Souter, U.S. Supreme Court; J.D., Yale Law School, “ARTICLE: BEYOND ACCOUNTABILITY: THE CONSTITUTIONAL, DEMOCRATIC, AND STRATEGIC PROBLEMS WITH PRIVATIZING WAR”, Washington University Quarterly, Vol 82: 1001, 2004, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=764546)
But since the War Powers Resolution applies only to the deployment of U.S AND initiate more conflict than the public might otherwise have been willing to support.
PMC’s are not Armed Forces Michaels 4 (Jon Michaels – Law Clerk to the Honorable Guido Calabresi, U.S. Court of Appeals for the Second Circuit; Law Clerk designate, the Honorable David H. Souter, U.S. Supreme Court; J.D., Yale Law School, “ARTICLE: BEYOND ACCOUNTABILITY: THE CONSTITUTIONAL, DEMOCRATIC, AND STRATEGIC PROBLEMS WITH PRIVATIZING WAR”, Washington University Quarterly, Vol 82: 1001, 2004, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=764546)
In the military context, non-economic status differentials can emerge as all- AND soldiers, many of the chief constitutional and democratic harms would still arise. They don’t meet the cyber ops argument – and it makes them extra-topical Presidential Policy Directive 20 (Leaked by the Guardian 6-7-13, http://www.theguardian.com/world/interactive/2013/jun/07/obama-cyber-directive-full-text, accessed 7-30-13 Bosley)
Cyber Collection: Operations and related programs or activities conducted by or on behalf of AND such as inhibiting detection or attribution, even if they create cyber effects. Defensive Cyber Effects Operations (DCEO): Operations and related programs or activities other than AND activity against U.S. national interests from inside or outside cyberspace. Nonintrusive Defensive Countermeasures (NDCM): The subset of DCEO that does not require accessing AND and only creates the minimum cyber effects needed to mitigate the threat activity. Offensive Cyber Effects Operations (OCEO): Operations and related programs or activities other than network defense, cyber collection, or DCEO -- conducted by or on behalf of the United States Government, in or through cyberspace, that are intended to enable or produce cyber effects outside United States Government networks.
2NC Limits Outweigh Limits outweigh a) Key
2/4/14
1 - T - Release
Tournament: UGA | Round: 3 | Opponent: Vandy BM | Judge: Malsin Authority over indefinite detention is the authority TO DETAIN GLAZIER 06 Associate Professor at Loyola Law School in Los Angeles, California David Glazier, ARTICLE: FULL AND FAIR BY WHAT MEASURE?: IDENTIFYING THE INTERNATIONAL LAW REGULATING MILITARY COMMISSION PROCEDURE, Boston University International Law Journal, Spring, 2006, 24 B.U. Int'l L.J. 55
President Bush's decision to consider the terrorist attacks of September 11, 2001, as AND over only those offenses defined in U.S. criminal statutes. n3
Restrictions require prohibition – the aff is only a condition Schiedler-Brown 12 – Attorney at Jean Schiedler Brown and Associates (Jean, Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf)
3. The ordinary definition of the term "restrictions" also does not include AND some supervision conditions, but he did not agree to restrict his license.
3. Extra-T – release is immigration authority – justifies infinite external offense and proves the resolution insufficient Chow 11 (Samuel, JD Benjamin N. Cardozo School of Law, “THE KIYEMBA PARADOX: CREATING A JUDICIAL FRAMEWORK TO ERADICATE INDEFINITE, UNLAWFUL EXECUTIVE DETENTIONS”, 19 Cardozo J. Int'l and Comp. L. 775 2011)
The facts that legitimized the Court's holding in Munaf are substantially different from the facts AND Uighurs were forced to remain, indefinitely, as prisoners at Guantanamo Bay.
2/4/14
1 - T - Restrictions
Tournament: Kentucky | Round: 4 | Opponent: UNLV | Judge: Foley A. Interpretation – restrictions require prohibition Court of Appeals 12 (STATE OF WASHINGTON DEPARTMENT OF HEALTH, THE COURT OF APPEALS OF THE STATE OF WASHINGTON, DIVISION I, RANDALL KINCHELOE Appellant. vs. Respondent, BRIEF OF APPELLANT, http://www.courts.wa.gov/content/Briefs/a01/68642920Appellant20Randall20Kincheloeand#39;s.pdf)
3. The ordinary definition of the term and#34;restrictionsand#34; also does not include AND , or by interposing obstacle, to repress or suppress, to curb.
10/9/13
1 - T - Signature Strikes
Tournament: Kentucky | Round: 4 | Opponent: UNLV | Judge: Foley A. Interpretation and violation – targeted killing excludes signature strikes Anderson 11 – Professor of Law at Washington College of Law and American University (Kenneth, also member of the Hoover Task Force on National Security and Law, “Distinguishing High Value Targeted Killing and “Signature” Attacks on Taliban Fighters,” 8-29-11, http://opiniojuris.org/2011/08/29/distinguishing-high-value-targeted-killing-and-signature-attacks-on-taliban-fighters/, accessed 9-15-13 Bosley)
From the US standpoint, it is partly that it does not depend as much AND I discuss this in the opening sections of this draft chapter on SSRN.)
B. Vote neg for limits – they explode the topic and neg research burden by including any drone action or form of killing Silva 3 (Sebastian Jose Silva, Faculte de Droit de land#39;Universite de Montreal, “Death For Life: A Study of Targeted Killing by States In International Law,” August 2003)
As defined by Steven R. David, targeted killing is the and#34;intentional slaying AND their very suggestion. Davidand#39;s definition is essentially correct but over-inclusive.
10/9/13
1 - T - Surrender
Tournament: Kentucky | Round: 1 | Opponent: Emory JS | Judge: JV Reed Interpretation and violation – surrender is not a legal restriction because it’s a declaration to the opposing party Anderson 11 – Professor at Washington College of Law, American University; and Hoover Institution visiting fellow, member of Hoover Task Force on National Security and Law; nonresident senior fellow, Brookings Institution (5/19, Kenneth, Volokh, “State Department’s Harold Koh on OBL Raid”, http://www.volokh.com/2011/05/19/state-departments-harold-koh-on-obl-raid/comment-page-1/#comment-1202080)
“Finally, consistent with the laws of armed conflict and U.S. AND the 2010 address – but offered only a defense in this particular case.
10/9/13
1 - T - Test Case Spec
Tournament: UGA | Round: 2 | Opponent: Samford CH | Judge: Bellon Test case is key to test precedent and specific solvency arguments – their interp is legally invalid Benjamin 99 (Stuart, prof at University of San Diego Law School, “Stepping Into the Same River Twice: Rapidly Changing Facts and the Appellate Process,” 78 Texas L. Rev. 269, L/N) Congress could attempt to repass the statute, but it appears that such AND the disturbing specter of a ruling having continuing force but no factual basis. Presumption – lack of case and controversy means the court will dismiss the suit King 2K (J. Brian, law clerk to Chief Judge Richard A. Schell, US District Court for the Eastern District of Texas 2000-01, “Jurisprudential Analysis of Justiciability,” 10 Kan. J.L. and Pub. Pol’y 217, L/N)
Without a judicial case or controversy, the federal courts, being part of the AND analysis with the definition of a judicial case or controversy at the center.
2/4/14
1 - T - WPA - Korematsu
Tournament: USC | Round: 2 | Opponent: UNLV KO | Judge: Hagwood Korematsu affirmed Congressional war powers authority, NOT the president’s Mr. Justice BLACK delivered the opinion of the Court, TOYOSABURO KOREMATSU v. UNITED STATES, 323 U.S. 214 (1944) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=USandvol=323andinvol=214
It is said that we are dealing here with the case of imprisonment of a AND of hindsight-now say that at that time these actions were unjustified.
Text —— The United States Executive Branch should establish a declaratory policy that the United States will not use nuclear weapons against a governmental entity, proxy, or group that has not used nuclear weapons against another governmental entity or group.
The plan is action policy while the CP is declaratory policy – the CP allows pre-emptive nuclear use in cases of incontrovertible evidence of an imminent nuclear strike against the US
Tertrais 09 – Senior Research Fellow at the Paris-based Foundation for Strategic Research and Contributing Editor to Survival (Bruno, and#34;The Trouble with No First Useand#34; in and#34;Forum: The Case for No First Use: An Exchange,and#34; 9-28-09, Survival 51:5, accessed 9-16-13 Bosley)
The nuance is important. Declaratory policies (what states claim they would do) AND no evidence that the 2001 Nuclear Posture Re - view included this option.
Solves the case – perceived the same and doesn’t case backlash if we do have to use nuclear weapons first
Feiveson and Hogendoorn 03 (Harold Feiveson – senior research scientist and co-director of the Program in Science 26 Global Security at the Woodrow Wilson School at Princeton, and Ernst Hogendoorn – Ph.D. Candidate at the Woodrow Wilson School at Princeton, and#34;No First Use of Nuclear Weapons,and#34; Summer 2003, The Nonproliferation Review, http://cns.miis.edu/npr/pdfs/102feiv.pdf, accessed 9-16-13 Bosley)
In extremis, of course, a U.S. administration might find compelling reason to override a no-first-use commitment, and actually use or explicitly threaten to use nuclear weapons. Such an act would be taken only in the most dire of circumstances, and in such a situation it is hard to believe that U.S. flaunting of a prior declaratory commitment would weigh much in how the world viewed the U.S. actions.
The net-benefit – prohibiting all cases of first-use dooms thousands of lives – declaratory policy allows for damage-limitation strikes
Tertrais 09 – Senior Research Fellow at the Paris-based Foundation for Strategic Research and Contributing Editor to Survival (Bruno, and#34;The Trouble with No First Useand#34; in and#34;Forum: The Case for No First Use: An Exchange,and#34; 9-28-09, Survival 51:5, accessed 9-16-13 Bosley)
A no-first-use policy might also have security costs beyond deterrence. AND is giving up the possibility of saving hundreds of thousands of his citizens.
9/25/13
2 - CP - Pakistani Troops Conditions
Tournament: JMU | Round: 2 | Opponent: Liberty BM | Judge: Opperman TEXT: President Obama should issue an executive order recommending that the United State armed forces acquire the approval of the Pakistani government for for remotely piloted aircraft targeting entities within Pakistan on the condition that the Pakistani government agrees to send Pakistani troops to the Afghani border to fight terrorism. Their solvency advocate says plan complicates our ability to fight terrorism and that we should have the Pakistani government fight terrorism along the Afghani border. And he believes some president flexibility is still key Gerstein 11 (Josh, “Dennis Blair rips Obama White House,” accessed 8-25-13,http://www.politico.com/news/stories/0711/60199.html)
As he elaborated on his views on drone strikes Thursday, Blair conceded that giving AND witches brew of terrorist groups in the northwest part of Pakistan under control.”
10/11/13
2 - CP - Special Forces PIC
Tournament: Wake Forest | Round: 8 | Opponent: Weber State | Judge: Allen The United States federal government should eliminate the war power authority of the President of the United States to conduct targeted killing with drones. The CP solves 100 of the case and competes – “targeted killing” includes drone strikes and special forces that are key to Afghan stability and terrorism Bachman 13 – Reader in International Law at the University of Lincoln (Sascha-Dominik, “Targeted Killings: Contemporary Challenges, Risks and Opportunities,” Journal of Conflict and Security Law, doi: 10.1093/jcsl/krt007)
Targeted killing has also been used by the USA in theatres of actual combat operations AND the respective governments have created areas which are outside effective state control.33 Afghanistan collapse causes extinction Carafano 10 – senior research fellow for national security at The Heritage Foundation and directs its Allison Center for Foreign Policy Studies (James Jay, “Con: Obama must win fast in Afghanistan or risk new wars across the globe,” Jan 2 http://gazettextra.com/news/2010/jan/02/con-obama-must-win-fast-afghanistan-or-risk-new-wa/)
We can expect similar results if Obama’s Afghan strategy fails and he opts to cut AND a puny EU military force incapable of defending the interests of its nations.
Nuclear terrorism is feasible and escalates Dvorkin 12 - Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences (Vladimir Z., the Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html)
Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences AND a common understanding of these threats and develop a strategy to combat them.
The relevant law is the National Defense Authorization Act of 2012 (NDAA). This AND and legal advice from some of his own lawyers) is one example.
9/25/13
2 - CP - XO Transparency vs TK
Tournament: Clarion | Round: 2 | Opponent: Liberty LS | Judge: Turnage The Executive branch should publicly articulate the legal rationale for its targeted killing policy, including the process and safeguards in place for target selection. The United States Congress should enact a resolution and issue a white paper stating that, in the conduct of its oversight it has reviewed ongoing targeted killing operations and determined that the United States government is conducting such operations in full compliance with relevant laws, including but not limited to the Authorization to Use Military Force of 2001, covert action findings, and the President’s inherent powers under the Constitution. The CP’s the best middle ground – solves the aff while preserving counterterrorism effectiveness Byman 13 – Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution (Daniel, “Why Drones Work,” July/August 2013, Foreign Affairs, Vol. 92, No. 4)
Despite President Barack Obama's recent call to reduce AND dragging the United States into conflicts it could otherwise avoid. The CP’s combination of executive disclosure and Congressional support boosts accountability and legitimacy without reducing authority McNeal 13 – Associate Professor of Law at Pepperdine University (Gregory, “Targeted Killing and Accountability,” 3-5-13, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583)
Perhaps the most obvious way to add accountability to the targeted killing AND question the wisdom and perhaps even the legality of the program."
11/14/13
2nc Rnd1 1NR
Tournament: NDT | Round: 1 | Opponent: UTD LO | Judge: Lundberg,Atchison, Allen Bidirectionality – Absent prohibition they can create conditions that functionally increase authority Posner 12 (Eric, University of Chicago Law, "Deference to the Executive in the United States After September 11: Congress, the Courts, and the Office of Legal Counsel", http://ericposner.com/DEFERENCE20TO20THE20EXECUTIVE.pdf-http://ericposner.com/DEFERENCE TO THE EXECUTIVE.pdf, accessed 9-15-13 Bosley)
To see why, consider an example in which the President must choose an action AND their power. If it did not, people would not enter contracts. War powers authority doesn’t include Commander in Chief power Curtis Bradley 10, Richard A. Horvitz Professor of Law and Professor of Public Policy Studies, Duke Law School, Curtis, “CLEAR STATEMENT RULES AND EXECUTIVE WAR POWERS” http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2730andcontext=faculty_scholarship
The scope of the President’s independent war powers is notoriously unclear, and courts are understandably reluctant to issue constitutional rulings that might deprive the federal government as a whole of the flexibility needed to respond to crises. As a result, courts often look for signs that Congress has either supported or opposed the President’s actions and rest their decisions on statutory grounds. This is essentially the approach outlined by Justice Jackson in his concurrence in Youngstown.1 For the most part, the Supreme Court has also followed this approach in deciding executive power issues relating to the war on terror. In Hamdi v. Rumsfeld, for example, Justice O’Connor based her plurality decision, which allowed for military detention of a U.S. citizen captured in Afghanistan, on Congress’s September 18, 2001, Authorization for Use of Military Force (AUMF).2 Similarly, in Hamdan v. Rumsfeld, the Court grounded its disallowance of the Bush Administration’s military commission system on what it found to be congressionally imposed restrictions.3 The Court’s decision in Boumediene v. Bush4 might seem an aberration in this regard, but it is not. Although the Court in Boumediene did rely on the Constitution in holding that the detainees at Guantanamo have a right to seek habeas corpus re? view in U.S. courts, it did not impose any specific restrictions on the executive’s detention, treatment, or trial of the detainees.5 In other words, Boumediene was more about preserving a role for the courts than about prohibiting the executive from exercising statutorily conferred China won’t escalate disputes Carlson 13 – Associate Professor of Government at Cornell (Allen, “China Keeps the Peace at Sea,” 2/21/13, www.foreignaffairs.com/articles/139024/allen-carlson/china-keeps-the-peace-at-sea?page=show)
The nuclear test, though, is a red herring in terms of the conflict AND Today, China's economy is second only to that of the United States.
---China won’t use drones recklessly Erickson and Strange 13 (Andrew Erickson is an associate professor at the Naval War College and an Associate in Research at Harvard University's Fairbank Centre, Austin Strange is a researcher at the Naval War College's China Maritime Studies Institute and a graduate student at Zhejiang University, "China has drones. Now how will it use them?", May 29, www.nationmultimedia.com/opinion/China-has-drones-Now-how-will-it-use-them-30207095.html NL)
Those worried about exactly that tend to point their fingers at China. In March AND caution - something Washington must bear in mind with its own drone programme.
Their China modeling frame is orientalist and understands China through an idealized Western subject – violence becomes necessary to ensure conformity Pan 13, Chengxin, Senior Lecturer in International Relations, Deakin University, Australia, Knowledge, Desire and Power in Global Politics Western Representations of China’s Rise, pg. 123-124
As well as perplexed by its false premises, the notion of the 'China opportunity' AND got what he asked for." the demand is not fully satisfied'.95
---No spillover from Afghanistan Kazemi, Afghanistan Analysts Network, 12 (S. Reza, “A Potential Afghan Spill-Over: How Real Are Central Asian Fears?” 12-12-12, http://aan-afghanistan.com/index.asp?id=3152)
A spill-over of the Afghan conflict or aspects of it like the drug AND competing attempts to achieve regional leadership, this perception is everything but justified.
Human rights are an imperialist façade – the aff’s ethical framing relies on a violent temporal politics that shuts down revolutionary struggles and produces complacency towards structural oppression – turns the case Toscano 14 – Reader in Critical Theory at the University of Goldsmith (Alberto, “The Tactics and Ethics of Humanitarianism,” Humanity: An International Journal of Human Rights, Humanitarianism, and Development, Volume 5, Number 1, Spring 2014, pp. 123-147, accessed 3-18-14 Bosley) *Evidence has been gender modified
Both Meister and Weizman take as their implicit starting point the conviction, most forcefully AND good about ourselves with feeling bad about him’’ (171, emphasis original).
---This scenario is a lie. Their portrayal of conflict in Afghanistan is produced by securitization that makes perpetual war and strikes on civilians inevitable. Hyndman 3 (Jennifer Hyndman, Department of Geography- Simon Fraser University, ‘3, ACME: An International E-Journal for Critical Geographies 2.1 shree)
Just as Cold War geopolitics connected the US with Central Asia, the Taliban, AND ‘either/or’ reasoning and have the potential to enhance their accountability.
Just a week away from a looming debt default deadline amid a federal shut down AND differences," an aide of House speaker John Boehner said in a statement.
Fighting to defend his war power will drain Obama’s PC and trade off with the agenda Kriner 10 (Douglas L. Kriner is assistant professor of political science at Boston University “After the Rubicon: Congress, Presidents, and the Politics of Waging War”, University of Chicago Press, Dec 1, 2010, page 68-69)
While congressional support leaves the president’s reserve of political capital intact,congressional criticism saps AND to its costs than if Congress stood behind him in the international arena.
Early Thursday morning, Potomac Research Group analyst Greg Valliere predicted that if the debt AND of concession out of Obama in exchange for a debt-ceiling hike.
10/11/13
3 - DA - Politics - CIR - Shirley
Tournament: Wake Forest | Round: 3 | Opponent: Harvard KS | Judge: Meiches Obama pushing immigration—it’ll get through Reid Epstein, Politico, 11/13/13, Obama: Don't let ACA problems stop immigration, dyn.politico.com/printstory.cfm?uuid=D92FF3A4-19D5-41D2-A8F1-C56D6BC23E08
President Barack Obama gave immigration reform advocates a simple message Wednesday: Don’t let Obamacare AND order to have the justification for voting the way they already want to.”
Obama fights the plan – kills capital and the agenda Kriner 10 (Douglas L. Kriner is assistant professor of political science at Boston University “After the Rubicon: Congress, Presidents, and the Politics of Waging War”, University of Chicago Press, Dec 1, 2010, page 68-69)
Shaping both real and anticipated public opinion are two important ways in which Congress can AND to its costs than if Congress stood behind him in the international arena.
That destroys Obama’s push—it’s critical to lock-up a House vote Bill Scher, The Week, 10/18/13, How to make John Boehner cave on immigration, theweek.com/article/index/251361/how-to-make-john-boehner-cave-on-immigration
Speaker John Boehner (R-Ohio) generally adheres to the unwritten Republican rule AND But he won't do it without a push. A real good push.¶
(Reuters) - The sluggish U.S. economy could get a lift AND system doesn't seem to work for anyone," Chipotle spokesman Chris Arnold said.
Nuclear war Merlini 11 Cesare Merlini 11, nonresident senior fellow at the Center on the United States and Europe and chairman of the Board of Trustees of the Italian Institute for International Affairs, May 2011, “A Post-Secular World?”, Survival, Vol. 53, No. 2
Two neatly opposed scenarios for the future of the world order illustrate the range of AND theocratic absolutes, competing or converging with secular absolutes such as unbridled nationalism.
Deal on Debt Ceiling now—PC Key to push moderate Republicans
Kapur 9/9 (Sahil is TPM’s senior congressional reporter and Supreme Court correspondent, his articles have been published in The Guardian and The Huffington Post. and#34;Is House GOP Backing Down In Debt Limit Fight?.and#34;Talking Points Memo. TPM Media LLC, 09 Sept 2013. Web. 20 Sep 2013. http://talkingpointsmemo.com/dc/gop-reveals-its-strategy-on-gov-t-funding-debt-limit?ref=fpb.SLP)
House Republicans are taming members’ expectations ahead of the debt limit showdown, signaling that AND challenges in rounding up 218 votes to pass any conceivable debt limit hike.
Fighting to defend his war power will sap Obama’s capital, trading off with rest of agenda
Kriner, 10 (Douglas L. Kriner is assistant professor of political science at Boston University and#34;After the Rubicon: Congress, Presidents, and the Politics of Waging Warand#34;, University of Chicago Press, Dec 1, 2010, page 68-69)
While congressional support leaves the president’s reserve of political capital intact,congressional criticism saps AND to its costs than if Congress stood behind him in the international arena.
Political capital is finite —- the plan would tradeoff with domestic economic priorities
This is the definition of a deficit, and it illustrates why the government needs AND free asset more risky, the entire global economy becomes riskier and costlier.
Economic Decline causes war
Friedberg and Schoenfeld 8 ~Aaron, Prof. Politics. And IR @ Princeton’s Woodrow Wilson School and Visiting Scholar @ Witherspoon Institute, and Gabriel, Senior Editor of Commentary and Wall Street Journal, and#34;The Dangers of a Diminished Americaand#34;, 10-28,http://online.wsj.com/article/SB122455074012352571.html~~
Then there are the dolorous consequences of a potential collapse of the world’s financial architecture AND of these countries seek to divert attention from internal travails with external adventures.
Friedersdorf 9-12-13 (Obama Acts Like He Doesn’t Know He’s an Executive-Power Extremist On the fake moderation of a president who talks a good game but doesn’t follow through CONOR FRIEDERSDORF SEP 12 2013 is a staff writer at The Atlantic, where he focuses on politics and national affairs. http://www.theatlantic.com/politics/archive/2013/ 09/obama-acts-like-he-doesnt-know-hes-an-executive-power-extremist/279583/)
It’s often hard to tell if President Obama is lying to the American people or AND out of the mainstream,and#34; a phrase that faded fast circa January 2009.
The plan’s restrictions destroy presidential flexibility – destroys effective warfighting and causes proliferation
The framers realized the obvious. Foreign affairs are unpredictable and involve the highest of AND time to introduce sweeping, untested changes in the way we make war.
9/25/13
4 - K - Abbas
Tournament: USC | Round: 2 | Opponent: UNLV KO | Judge: Hagwood Demands upon the academy to alleviate suffering are colonialist parasitism – Otherness becomes merchandise sold for ballots while our responses are depoliticized and paper over the structures of power and privilege that make criticism possible Nayar, Associate Professor of Law at the University of Warwick, 13 (Jayan, “The Politics of Hope and the Other-in-the-World: Thinking Exteriority,” 2013, Law Critique 24:64-85, DOI 10.1007/s10978-012-9115-8, accessed 8-22-13 Bosley) *Footnotes 13 and 16 included in brackets
An ontology of totality-exteriority underpins this conventional wisdom of what Santiago Castro- AND and how profitably we, thinkers of hope, suffer in this respect.
“The subaltern cannot speak” – their mediation of suffering only solidifies the imperialist subjectivity of the ethical philosophy justified to act upon an essentialized Other only understood in terms of suffering that produces violent interventionism which dooms the aff Nayar, Associate Professor of Law at the University of Warwick, 13 (Jayan, “The Politics of Hope and the Other-in-the-World: Thinking Exteriority,” 2013, Law Critique 24:64-85, DOI 10.1007/s10978-012-9115-8, accessed 8-22-13 Bosley)
The Depoliticisation and Bureaucratisation of Suffering People suffer.17 This is a simple truth AND our critical self-reflection as we engage in the politics of hope?
This is true even in the case of autobiographical confessions – attaching them to structural critiques doesn’t avoid commodification by the intellectual and ballot economy of debate – every “win” is symbolized as personal investment and success in the structures they critique while supporting the myth of the autonomous individual at the heart of liberalism – this overdetermines the content of their performance and provides political cover for structural oppression under the guise of “tolerance” and individualization of violence that detracts from collective action Coughlin 95 – Associate Professor of Law at Vanderbilt Law School (Anne, “Regulating the Self: Autobiographical Performances in Outsider Scholarship,” 81 Va. L. Rev. 1229)
Although Williams is quick to detect insensitivity and bigotry in remarks made by strangers, AND reminds us that autobiography is a lucrative commodity. In our culture, member s of the reading public avidly consume personal stories, n197 which surely explains why AND , rather than subvert, autobiographical protagonists that serve the values of liberalism.
Personal experience is always regulated by the confessional sites in which it is presented – in debate this ensures violent essentialism as “I” becomes “Us” and difference in groups become mapped over in a way that not only prevents solvency but which provides power to the violent bureaucracy of the status quo Brown, Feminist Scholar and Professor of Political Science at UC Berkeley, 96 (Wendy, “Constitutions and 'Survivor Stories': In the 'folds of our own discourse' The Pleasures and Freedoms of Silence,” 3 U Chi L Sch Roundtable 185, accessed via LexisNexis on 5-30-12 Bosley)
If, taken together, the two passages from Foucault we have been considering call AND this vein, that there is so little feminist writing on heterosexual pleasure?)
The aff will have you believe memory of mass suffering and expendability can sanitize the law – this is precisely what gives liberalism it’s calculative function over Otherness Berlant 98 – George M. Pullman Professor of English at the University of Chicago (Lauren, “Poor Eliza,” September 1998, American Literature 70(3):635-668, accessed 11-30-13 Bosley) Note: Prophylactic = medicine or action to prevent disease; Analgesia = inability to feel pain
What distinguishes these critical texts are the startling ways they struggle to encounter the Uncle AND in some way, fully expressed by the overpresence of the stereotypical image.
The alternative is to refuse the economization of injury suffering positioned as a problem in opposition to the experience of life – our criticism does not wish away or deny the reality of suffering but instead interrupts the vampiric politics of liberalism which rely on hierarchy and management of suffering understood as permanently and violently attached to identity Abbas 10 – Professor and Division Head in Social Studies, Political Science, and Philosophy at the Liebowitz Center for International Studies at Bard College at Simon’s Rock, (Asma, Liberalism and Human Suffering: Materialist Reflections on Politics, Ethics, and Aesthetics, London: Palgrave Macmillan, pg. Pg. 183-187, accessed 1-2-13 Bosley) *Evidence has been modified for gendered rhetoric in brackets
Modes of subjectivity, sensuousness, and enactment that evade liberalism’s grasp and sensorium suggest AND of newer forms of joy, desire, hope, and life itself.
1/3/14
4 - K - Ableism PIK
Tournament: Clarion | Round: 6 | Opponent: Pitt KL | Judge: Autry We affirm the entirety of the 1AC except for the description of current orientation of the self as “blind, useless zombies” – this equating of vision with knowledge and utility is an overly ableist metaphor May and Ferri, Associate Professor of Women’s and Gender Studies and Associate Professor of Education at Syracuse, 05 (Vivian M. May and Beth A. Ferri, “Fixed on Ability: Questioning Ableist Metaphors in Feminist Theories of Resistance,” Prose Studies 27:1and2, April/August 2005, pp.120-140, accessed 1-26-13 Bosley)
Surprisingly, many theorists continue to rely on disability as a metaphor for ignorance, AND body, I/not-I in the name of liberation politics.
Reject the team – ableist metaphors in academic spaces like debate recreate oppressive hierarchies and alienate students – the alternative is a prior question to evaluating their content Ben-Moshe, Post-Doctoral Researcher at the University of Illinois at Chicago in Disability and Human Development, 05 (Liat, ““Lame Idea”: Disabling Language in the Classroom,” in Building Pedagogical Curb Cuts: Incorporating Disability into the University Classroom and Curriculum, p.108-111, http://disabilitystudies.syr.edu/docs/buildingpedagogicalcurbcuts.pdf, accessed 4-12-13 Bosley) *Evidence under erasure
When we use terms like “retarded,” “lame” or “blind”— AND by a metaphor” in the words of Wahneema Lubiano (1996). 1
We’ll pre-empt their Nietzsche offense – our criticism isn’t reactionary ressentiment but is a transformative methodological engagement May and Ferri, Associate Professor of Women’s and Gender Studies and Associate Professor of Education at Syracuse, 05 (Vivian M. May and Beth A. Ferri, “Fixed on Ability: Questioning Ableist Metaphors in Feminist Theories of Resistance,” Prose Studies 27:1and2, April/August 2005, pp.120-140, accessed 1-26-13 Bosley)
By critiquing exclusionary practices within libratory theoretical, pedagogical, or historical frames of reference AND that retain and encourage an ambiguous, intersubjective ethic between self and other.
11/14/13
4 - K - Levinas
Tournament: Clarion | Round: 6 | Opponent: Pitt KL | Judge: Autry The obsession with the self and radical freedom is rooted in western metaphysics Radical freedom is the logic of Darwinism and contemporary capitalism. The affirmative politics of self-overcoming toward radical freedom is narcissistic and makes possible violence toward Others. Carkner 11 (Gordon E., B.Sc. in Human Physiology from Queen’s University in Kingston, Ontario; a Masters of Divinity (theological studies) from Trinity Evangelical Divinity School in Deerfield, Illinois; and a PhD in philosophical theology from University of Wales 2006, Christian Campus Pastor at UBC, Vancouver with Outreach Canada, “Individualism and Radical Freedom Examine,” https://en.outreach.ca/Article/DNNArticleView/tabid/2265/ArticleId/4791/Individualism-and-Radical-Freedom-Examined.aspx) PM There is a seductive attraction in the current language of radical freedom; it is AND Part II, Section C. of my thesis on Aesthetics of Violence. The fascination with violence in the twentieth century has been a love affair with power AND anthropocentrism. (Taylor 1991, pp. 67, 68)2 The affs focus on the radical freedom leads to genocide as all others are reduced the same. The alt is to embrace an infinite obligation to the other over the self, which transcends the limits and solves for oppression. Poleshchuk 10 Heidegger and Levinas: Metaphysics, ontology and the horizon of the other. Indo-Pacific. Irina Poleshchuk defended her PhD thesis, Temporality of the Face-to-Face in Levinas’s Ethics, at the University of Helsinki. At the time of writing this paper, she was a Visiting Lecturer in the Department of Philosophy at the European Humanities University in Vilnius, Lithuania. Journal of Phenomenology, 10(2), 10 pp.. doi: 10.2989/IPJP.2010.10.2.4.1085 http://ehis.ebscohost.com/eds/pdfviewer/pdfviewer?vid=4andsid=2202ac24-98ae-4617-9644-ef7a637da78440sessionmgr115andhid=121 In Totality and Infinity, Levinas furthermore espouses the notion that the history of European AND the true essence of metaphysics, that is, the desire for alterity. Alt is key to solve extermination of the other turning the affs will to survive. Campbell 99 - Professor of International Politics at the University of Newcastle David, “The Deterritorialization of Responsibility,” Moral Spaces, Eds. Michael J. Shapiro and David Campbell, p. 45-7
In this contemporary milieu, a 1934 essay by Emmanuel Levinas ("Re¬flections on the AND and ethics in the location deterritorialized by Heidegger (and others).19
Cataloguing the violence of the State while affirming it as an actor mystifies structural antagonisms of gratuitous violence
Martinot and Sexton, Instructor Emeritus at the Center for Interdisciplinary Programs at SF State and UC Irvine African American Studies Director, 03 (Steve and Jared and#34;The Avant-Garde of White Supremacyand#34; 6-1-3 Social Identities Vol. 9 no. 2 accessed 2-3-13 Bosley)
The foundations of US white supremacy are far from stable. Owing to the instability AND , and captives—are produced in the crucible of its ritualistic violence.
White supremacy is a global modality for genocidal violence
Rodriguez 11 ~Dylan, PhD in Ethnic Studies Program of the University of California Berkeley and Associate Professor of Ethnic Studies at University of California Riverside, and#34;The Black Presidential Non-Slave: Genocide and the Present Tense of Racial Slaveryand#34;, Political Power and Social Theory Vol. 22, pp. 38-43 shree~
To crystallize what I hope to be the potentially useful implications of this provocation toward AND people are incarcerated with the overwhelming consent of white/multiculturalist civil society.
Our alternative is an ethics of refusal towards the aff – anything short provides legitimacy to the atrocities of the Settler State
Martinot, Instructor Emeritus at the Center for Interdisciplinary Programs at SF State, 05 (Steve, and#34;Pro-Democracy and the Ethics of Refusal,and#34; Socialism and Democracy 19(2):106-115, accessed 8-24-13 Bosley)
In the face of this corruption, and the betrayals of responsibility to the people AND the mythology of meta-corruption that still says those structures have legitimacy.
9/25/13
4 - K - Settlerism
Tournament: Kentucky | Round: 1 | Opponent: Emory JS | Judge: JV Reed Formal gestures like surrendering the war on terror are meaningless – America uses the stateless nature of Natives and terrorists to justify endless warfare Beirne ‘12 Logan Beirne is an Olin Searle Scholar at Yale Law School Sept, 28 2012. What would George do? An historical response to modern foreign entanglements http://blog.constitutioncenter.org/2012/09/what-would-george-do-an-historical-response-to-modern-foreign-entanglements/
Since before the Revolution, Americans had fought against a confederation of numerous Native American AND , this was a war that was granted and continually received congressional approval. The affirmative’s silence to the privilege of their existence and critique on stolen land is not benign but serves to maintain the genocidal social order of the United States – Native dispossession is a prior question Churchill 03 (Ward, “Acts of Rebellion: The Ward Churchill Reader,” New York: Taylor and Francis Books, 258-262, accessed 4-30-13 Bosley)
I’ll debunk some of this nonsense in a moment, but first I want to AND make themselves part of the problem rather than becoming part of the solution. Our alternative is to refuse the 1AC in favor of an investigation of settler colonialism – the aff functions as an epistemological tradeoff that strengthens colonialism Byrd, citizen of the Chickasaw Nation of Oklahoma and an Assistant Professor of American Indian Studies and English at the University of Illinois at Urbana-Champaign, 11 (Jodi, “Transit of Empire,” p. xvii, accessed via Google Books 11-25-12 Bosley)
There is more than one way to frame the concerns of The Transit of Empire AND for queers, racial minorities, and immigrants into complicity with settler colonialism.
This opens up space for a historical genealogy that that traces the political repugnancies of the U.S. to Settlerist invasions of Native North America – this is not a Foucauldian genealogy which affirms contingency nor is it the affirmative’s strategy of atomized tracing of superpower syndrome to its manifestation in the war on terror – we need an unambiguous stance against Settler colonialism Churchill 03 (Ward, “Acts of Rebellion: The Ward Churchill Reader,” New York: Taylor and Francis Books, p.xv-xviii) PM
The question arises of how best to approach the mass of information upon which any AND response far more substantial than that made on 9-1-1. Genocidal assaults on indigenous populations set the foundation for serial policy failure in imperialist campaigns abroad—risks extinction. Street 4 (Paul Street, phD in History from Binghamton, march 11, “Those Who Deny the Crimes of the Past,” http://www.zcommunications.org/those-who-deny-the-crimes-of-the-past-by-paul-streetshree)
It is especially important to appreciate the significance of the vicious, often explicitly genocidal AND roamed by an immeasurably more civilized people than those who came to destroy.
Our paradigmatic analysis comes to grips with prior material conditions—the world’s first multiculturalist project was the genocide of indigenous peoples. Churchill 3 (Ward, ex-Prof of Ethnic Studies @ U of Colorado, Acts of Rebellion: The Ward Churchill Reader, p 263-5shree)
I am here, however, as may have been gleaned from my opening quotation AND of self-determining existence to every indigenous nation within its purported borders.
Reformist assurances to help natives in the U.S. have just resulted in assimilation and annihilation of 90 of the indigenous population—even if their arguments sound good in theory, they just result in Washington sending hacks from the military industrial complex to dissolve native struggles in practice. Churchill 3 (Ward, “Acts of Rebellion: The Ward Churchill Reader,” Questia, Page 110shree)
Although the United States did not have to exercise great legal imagination in incorporating AND Washington to manage the lives of native people and backed by the army.
10/9/13
4 - K - Settlerism - Fullerton
Tournament: Fullterton | Round: 1 | Opponent: MSU FK | Judge: Paul Instrumental focus on restraining the use of armed forces through the norms of sovereignty effaces the political economy of colonial governmentality which makes violent exceptionalism possible – the 1AC’s securitized politics serves sanitize the actions of President as Colonial Overlord with legitimate authority to conduct certain acts of “just war” while producing complacency towards mass violence Dutton 10 – Professor of Politics at Goldsmiths, University of London (Michael, “The paradoxical after-life of colonial governmentality,” Social Identities, September 2010, 16(5):638-649, accessed 12-3-13 Bosley)
This is because both SARS and New York’s 911 called forth from government, albeit AND , that we discover ‘ the after-life ’ of colonial governmentality.
The affirmative’s claim to “control” American military expansion relies on an understanding of armed forces as police perpetuating Manifest Destiny through expanding the domain of US rule to the global periphery as subject of escalating liberal violence Neocleous 11 – Professor of the Critique of Political Economy Politics and History at Brunel University (Mark, “The Police of Civilization: The War on Terror as Civilizing Offensive” International Political Sociology, Vol. 5, 144-159, accessed 12-15-13 Bosley))
Civilization is back. The ‘‘war on terror’’ is said be about many things AND and the growing importance of ‘‘police’’ turn out to be supremely apt. ? Failure to grapple with indigenous genocide sets the foundation for serial policy failure in imperialist campaigns which culminate in extinction Street 4 (Paul Street, phD in History from Binghamton, march 11, “Those Who Deny the Crimes of the Past,” http://www.zcommunications.org/those-who-deny-the-crimes-of-the-past-by-paul-streetshree)
It is especially important to appreciate the significance of the vicious, often explicitly genocidal AND roamed by an immeasurably more civilized people than those who came to destroy.
The alternative is to abandon the political and epistemological basis of the affirmative – challenging the 1AC’s framework of interpretation of the world is a prerequisite to ethical politics and decision-making outside the death group of Western metaphysics Deloria Jr. 99 – Member of the Standing Rock Sioux Tribe and Professor at University of Colorado Boulder (Vine, also Former Executive Director for the National Congress of American Indians and former Professor of Political Science and Law at the University of Arizona, For This Land: Writing on Religion in America, p. 101-7, Mabrey/Bosley)
If there were any serious concern about liberation we would see thousands of people simply AND inductive and deductive reasoning are the primary tools For gain- ing knowledge.
1/7/14
4 - K - Settlerism - Shirley
Tournament: Wake Forest | Round: 3 | Opponent: Harvard KS | Judge: Meiches Progressive reform solidifies investment in Settler Colonialism which makes US militaristic violence possible Churchill 3 (Ward, ex-Prof of Ethnic Studies @ U of Colorado, Acts of Rebellion: The Ward Churchill Reader, p 263-5shree)
I am here, however, as may have been gleaned from my opening quotation AND of self-determining existence to every indigenous nation within its purported borders.
Failure to grapple with indigenous genocide sets the foundation for serial policy failure in imperialist campaigns which culminate in extinction Street 4 (Paul Street, phD in History from Binghamton, march 11, “Those Who Deny the Crimes of the Past,” http://www.zcommunications.org/those-who-deny-the-crimes-of-the-past-by-paul-streetshree)
It is especially important to appreciate the significance of the vicious, often explicitly genocidal AND roamed by an immeasurably more civilized people than those who came to destroy.
The alternative is a “first priority” to banish the United States from the planet Churchill 96 (Ward, ex-Prof of Ethnic Studies @ U of Colorado, “From a Native Son”, p.85-90shree)
The question which inevitably arises with regard to indigenous land claims, especially in the AND “impossible realism.” Isn’t it time we all worked on attaining it?
2NC Cards vs Weber State B) Domestic warfare – 1NC Churchill indicates legal reforms provides justification for structural violence against indigenous peoples, from nuclear waste dumping to crooked land deals to usurpation of rights and treaty obligations – the 1AC’s focus on the executive violence only masks the violence of living on stolen land Churchill 03 (Ward, “Acts of Rebellion: The Ward Churchill Reader,” New York: Taylor and Francis Books, 258-262, accessed 4-30-13 Bosley)
I’ll debunk some of this nonsense in a moment, but first I want to AND make themselves part of the problem rather than becoming part of the solution.
Discussion of statutory/judicial restrictions is the wrong starting point—favoring negative state actions ignore the broader political environment that creates the issue Rana 11 Aziz RANA Law @ Cornell ’11 “Who Decides on Security?” Cornell Law Faculty Working Papers. Paper 87. http://scholarship.law.cornell.edu/clsops_papers/87 p. 45-51
If both objective sociological claims at the center of the modern security concept are themselves AND , we can expect our prevailing security arrangements to become ever more entrenched.
Yes specific link – drone warfare is inseperable from colonialist violence – reformism can’t grasp with the flexible nature of sovereignty and frontier territory that allows for biopolitical control of racialized bodies – this is terminal solvency defense and you should prefer our evidence because its comparative Feldman 11 – Assistant Professor of Ethnic Studies at UC Berkeley (Keith P., “Empire’s Verticality,” Comparative American Studies 9:4, December 2011, 325-41, accessed 11-15-13 Bosley)
How should we think of the relationship between the borders of the United States as AND is always-already marked by an open-ended and indefinite futurity. Detachment DA – USFG simulation produces ethical distancing that maintains colonialism Reid-Brinkley 8 (Dr. Shanara Reid-Brinkley, University of Pittsburgh Department of Communications, “THE HARSH REALITIES OF “ACTING BLACK”: HOW AFRICAN-AMERICAN POLICY DEBATERS NEGOTIATE REPRESENTATION THROUGH RACIAL PERFORMANCE AND STYLE” 2008 shree)
So, within public discourse, how race is coded rhetorically in public deliberation is AND of the “policymaker” and require their opponents to do the same.
Reformism’s attempt to assimilate natives into its lattice of doctrine and laws fails—Leftists reassurances have historically resulted in hacks from the military industrial complex being sent from Washington to dissolve native struggles Churchill 3 (Ward, “Acts of Rebellion: The Ward Churchill Reader,” Questia, Page 110shree)
Although the United States did not have to exercise great legal imagination in incorporating AND Washington to manage the lives of native people and backed by the army.
While each indigenous collective has different histories and traditions, strategic essentialism is key—reinforcing the common experience of Eurocentric domination is key to prevent atomization that mystifies the violence of colonialism Churchill 8 (Ward, ex-Prof of Ethnic Studies @ U of Colorado, “I Am Indigenist,” November 18, http://www.zcommunications.org/i-am-indigenist-by-ward-churchillshree)
The manifestation of indigenism in North America has much in common with the articulation of AND the common experience of almost five centuries of Eurocentric domination.9
1/1/14
4 - K - Settlerism vs Armed Forces - UGA
Tournament: UGA | Round: 6 | Opponent: GSU NS | Judge: Gibson The 1AC’s securitized politics and instrumental focus on restraining the executive effaces the political economy of colonial governmentality which make circumvention and mass violence under the guise of “just” deployments of armed forces possible Dutton 10 – Professor of Politics at Goldsmiths, University of London (Michael, “The paradoxical after-life of colonial governmentality,” Social Identities, September 2010, 16(5):638-649, accessed 12-3-13 Bosley)
This is because both SARS and New York’s 911 called forth from government, albeit AND , that we discover ‘ the after-life ’ of colonial governmentality.
The affirmative’s claim to “control” American military expansion relies on an understanding of armed forces as police perpetuating Manifest Destiny through expanding the domain of US rule to the global periphery as subject of escalating liberal violence Neocleous 11 – Professor of the Critique of Political Economy Politics and History at Brunel University (Mark, “The Police of Civilization: The War on Terror as Civilizing Offensive” International Political Sociology, Vol. 5, 144-159, accessed 12-15-13 Bosley))
Civilization is back. The ‘‘war on terror’’ is said be about many things AND and the growing importance of ‘‘police’’ turn out to be supremely apt.
Legal regulation of warfare is inseparable from its history in violent Western attempts to define itself as civilized compared to the “savage” Other – this crowds alternative epistemologies and orientations towards violence that allow restraint Mégret 06 – Assistant Professor of Law at the University of Toronto (Frédéric, “From ‘savages’ to ‘unlawful combatants’: a postcolonial look at international law’s ‘other’,” http://people.mcgill.ca/files/frederic.megret/Megret-SavagesandtheLawsofWar.pdf, accessed 1-14-13 Bosley)
Far from being merely a perversion, I have sought to show how exclusion and AND a distinct reformist sensitivity, not to mention the discipline’s relatively good conscience.
Colonialism necessitates mass structural violence as a majority of the global is reduced to bare life – investigating the historical constitution of these power relations is necessary to solve endless violence Hartig 6 – Associate Professor of English at the University of Montreal (Heike, “Global Civil War and Post-colonial Studies,” from the Globalization and Autonomy Online Compendium, globalautonomy.ca/global1/servlet/Xml2pdf?fn=RA_Harting_GlobalCivilWar)
The Necropolitics of Global Civil War As with other civil wars, global civil war AND rescripting of both the normalizing narratives and racialized embodiment of global civil warfare.
? The alternative is a “first priority” to banish the United States from the planet Churchill 96 (Ward, ex-Prof of Ethnic Studies @ U of Colorado, “From a Native Son”, p.85-90shree)
The question which inevitably arises with regard to indigenous land claims, especially in the AND “impossible realism.” Isn’t it time we all worked on attaining it? Abandon the political and epistemic basis of the affirmative – challenging the 1AC’s framework of interpretation is a prerequisite to ethical politics and decision-making Deloria Jr. 99 – Member of the Standing Rock Sioux Tribe and Professor at University of Colorado Boulder (Vine, also Former Executive Director for the National Congress of American Indians and former Professor of Political Science and Law at the University of Arizona, For This Land: Writing on Religion in America, p. 101-7, Mabrey/Bosley)
If there were any serious concern about liberation we would see thousands of people simply AND inductive and deductive reasoning are the primary tools For gain- ing knowledge.
2/4/14
4 - K - Settlerism vs Army BS
Tournament: USNA | Round: 5 | Opponent: Army BS | Judge: Benedict Eggs The affirmative’s silence to the privilege of their existence and critique on stolen land is not benign but serves to maintain the genocidal social order of the United States – Native dispossession is a prior question Churchill 03 (Ward, “Acts of Rebellion: The Ward Churchill Reader,” New York: Taylor and Francis Books, 258-262, accessed 4-30-13 Bosley)
I’ll debunk some of this nonsense in a moment, but first I want to AND make themselves part of the problem rather than becoming part of the solution.
The affirmative’s impact framing relies on a genocidal linear temporal narrative that absolves us of responsibility of colonialism Lake, Associate Professor of Communication at the University of Southern California, 91 (Randall A., “BETWEEN MYTH AND HISTORY: ENACTING TIME IN NATIVE AMERICAN PROTEST RHETORIC,” May 1991, The Quarterly Journal of Speech 77(2):123-151, accessed 12-13-12 Bosley) *Evidence has been gendered modified
Nowhere is this contest more evident than in the on-going struggle among some AND Forms of this strategy recur today in Euramerican reactions to contemporary native activism.
Their focus on the construction of political subjectivities which transgress liberalism is a flawed site for resistance – their fluidity strengthens colonialism Grande, Associate Professor of Education at Connecticut College, 04 (Sandy, Red Pedagogy, p. 117-118, accessed 2-10-13 Bosley)
To be clear, indigenous and critical scholars do share a common ground, namely AND analysis of the intersecting systems of domination and the tools to navigate them.
Invocation of “the accident” colonizes decision-making in an attempt to secure and sanitize the “future” Kusina, Bowling Green State University, 06 (Jeanne, “Lost in Exception: Accelerating and Decelerating History in Agamben’s State of Exception,” Interculture 3:3, 2006, accessed 2-4-13 Bosley)
Agamben stresses that this is not a unidirectional move but instead involves the, “ AND decreased likelihood to question who is in fact contained within them and why.
The alternative is to abandon the political and epistemological basis of the affirmative – challenging the 1AC’s framework of interpretation of the world is a prerequisite to ethical politics and decision-making outside the death group of Western metaphysics Deloria Jr. 99 – Member of the Standing Rock Sioux Tribe and Professor at University of Colorado Boulder (Vine, also Former Executive Director for the National Congress of American Indians and former Professor of Political Science and Law at the University of Arizona, For This Land: Writing on Religion in America, p. 101-7, Mabrey/Bosley)
If there were any serious concern about liberation we would see thousands of people simply AND inductive and deductive reasoning are the primary tools For gain- ing knowledge.
Only absolute severance from Western models of political subjectivity can allow for ethical formations outside the violence of status quo temporal politics – their investment in liberalism dooms the case Byrd, citizen of the Chickasaw Nation of Oklahoma and an Assistant Professor of American Indian Studies and English at the University of Illinois at Urbana-Champaign, 11 (Jodi, “Transit of Empire,” p. 20-21, accessed via Google Books 11-25-12 Bosley)
On the threshold, then of “the necessity with the aleatory, chaos, AND sovereignty as a source of violence, remedy, memory, and grievability.
1/19/14
4 - K - Settlerism vs Drones - UGA
Tournament: UGA | Round: 2 | Opponent: Samford CH | Judge: Bellon The 1AC’s securitized politics and instrumental focus on restraining the executive effaces the political economy of colonial governmentality which make circumvention and mass violence possible Dutton 10 – Professor of Politics at Goldsmiths, University of London (Michael, “The paradoxical after-life of colonial governmentality,” Social Identities, September 2010, 16(5):638-649, accessed 12-3-13 Bosley)
This is because both SARS and New York’s 911 called forth from government, albeit AND , that we discover ‘ the after-life ’ of colonial governmentality. ? Focusing on making drones “legal” ignores the colonial necropolitics that determines which politicized lives can be saved or eliminated Allinson 12 – Faculty of Social Sciences and Humanities at the University of Westminster (Jamie, “Necropolitics of the Cyborg Empire: Rethinking the Drone War,” http://millenniumjournal.files.wordpress.com/2012/10/ allinsonmillenium2012necropoliticscyborg-empire.docx, accessed 12-15-13 Bosley)
Against these claims, anti-drone voices focus on the potential for lethal mistakes AND cyborgs’. How is this technology visible in the practice of drone strikes?
? Colonialism necessitates mass structural violence as a majority of the global is reduced to bare life – investigating the historical constitution of these power relations is necessary to solve endless violence Hartig 6 – Associate Professor of English at the University of Montreal (Heike, “Global Civil War and Post-colonial Studies,” from the Globalization and Autonomy Online Compendium, globalautonomy.ca/global1/servlet/Xml2pdf?fn=RA_Harting_GlobalCivilWar)
The Necropolitics of Global Civil War As with other civil wars, global civil war AND rescripting of both the normalizing narratives and racialized embodiment of global civil warfare.
The alternative is to abandon the political and epistemic basis of the affirmative – challenging the 1AC’s framework of interpretation is a prerequisite to ethical politics and decision-making Deloria Jr. 99 – Member of the Standing Rock Sioux Tribe and Professor at University of Colorado Boulder (Vine, also Former Executive Director for the National Congress of American Indians and former Professor of Political Science and Law at the University of Arizona, For This Land: Writing on Religion in America, p. 101-7, Mabrey/Bosley)
If there were any serious concern about liberation we would see thousands of people simply AND inductive and deductive reasoning are the primary tools For gaining knowledge.
2/4/14
4 - K - Settlerism vs ID - UGA
Tournament: UGA | Round: 3 | Opponent: Vandy BM | Judge: Malsin The 1AC’s securitized politics and instrumental focus on restraining the executive effaces the political economy of colonial governmentality which make circumvention and mass violence possible while investing desire in the structures of war powers and indefinite detention Dutton 10 – Professor of Politics at Goldsmiths, University of London (Michael, “The paradoxical after-life of colonial governmentality,” Social Identities, September 2010, 16(5):638-649, accessed 12-3-13 Bosley)
This is because both SARS and New York’s 911 called forth from government, albeit AND , that we discover ‘ the after-life ’ of colonial governmentality.
? Ending indefinite detention only masks the larger violence of governmentality made possible by a historical legacy of anti-indigenous and racist violence – legal distinctions between legitimate and illegitimate violence break down and justify warfare Van Veeren, Postdoctoral Research Fellow in IR at the University of Sussex, 13 (Elspeth, “Clean War, Invisible War, Liberal War: The Clean and Dirty Politics of Guantánamo,” Draft of Chapter 5 of Democracies of War, set for publication by Continuum Press 2013, http://www.academia.edu/1990191/Clean_War_Invisible_War_Liberal_War, accessed 8-16-13 Bosley)
When applied to understandings of war, clean and dirty as linguistic and visual metaphors AND to be a scene of so much (often invisible) violence. 37
? Colonialism necessitates mass structural violence as a majority of the global is reduced to bare life – investigating the historical constitution of these power relations is necessary to solve endless violence Hartig 6 – Associate Professor of English at the University of Montreal (Heike, “Global Civil War and Post-colonial Studies,” from the Globalization and Autonomy Online Compendium, globalautonomy.ca/global1/servlet/Xml2pdf?fn=RA_Harting_GlobalCivilWar)
The Necropolitics of Global Civil War As with other civil wars, global civil war AND rescripting of both the normalizing narratives and racialized embodiment of global civil warfare.
The alternative is a “first priority” to banish the United States from the planet Churchill 96 (Ward, ex-Prof of Ethnic Studies @ U of Colorado, “From a Native Son”, p.85-90shree)
The question which inevitably arises with regard to indigenous land claims, especially in the AND “impossible realism.” Isn’t it time we all worked on attaining it?
Abandon the political and epistemic basis of the affirmative – challenging the 1AC’s framework of interpretation is a prerequisite to ethical politics and decision-making Deloria Jr. 99 – Member of the Standing Rock Sioux Tribe and Professor at University of Colorado Boulder (Vine, also Former Executive Director for the National Congress of American Indians and former Professor of Political Science and Law at the University of Arizona, For This Land: Writing on Religion in America, p. 101-7, Mabrey/Bosley)
If there were any serious concern about liberation we would see thousands of people simply AND inductive and deductive reasoning are the primary tools For gaining knowledge.
2/4/14
4 - K - Settlerism vs NEPA Restrictions
Tournament: UGA | Round: Semis | Opponent: UGA DG | Judge: Bagwell, Hagwood, Ryan The 1AC’s securitized politics and instrumental focus on restraining the executive effaces the political economy of colonial governmentality which make circumvention and mass violence under the guise of “just” deployments of armed forces possible Dutton 10 – Professor of Politics at Goldsmiths, University of London (Michael, “The paradoxical after-life of colonial governmentality,” Social Identities, September 2010, 16(5):638-649, accessed 12-3-13 Bosley)
This is because both SARS and New York’s 911 called forth from government, albeit AND , that we discover ‘ the after-life ’ of colonial governmentality.
The affirmative’s claim to “control” American military expansion relies on an understanding of armed forces as police perpetuating Manifest Destiny through expanding the domain of US rule to the global periphery as subject of escalating liberal violence Neocleous 11 – Professor of the Critique of Political Economy Politics and History at Brunel University (Mark, “The Police of Civilization: The War on Terror as Civilizing Offensive” International Political Sociology, Vol. 5, 144-159, accessed 12-15-13 Bosley))
Civilization is back. The ‘‘war on terror’’ is said be about many things AND and the growing importance of ‘‘police’’ turn out to be supremely apt.
The colonialist epistemology of the aff which defers to Western ecological management ensures serial environmental policy failure Breidlid 13 (Anders, Professor, Master programme in Multicultural and International Education, Oslo University College, “Education, Indigenous Knowledge, and Development in the Global South”, p. 23-25)
Philipp Pattberg (2007) discusses the ideology of domination over nature that is still AND the world-system . . . (pp. 67-68).
Apocalyptic rhetoric militarizes the climate and economics, causing destructive interventions that cause worse environmental devastation and unconditional violence against indigenous populations (green highlighting) Mayer 12 (Maximilien, U. of Bonn, “Chaotic Climate Change and Security” International Political Sociology, Vol. 6.2)
This article has introduced the notion of symmetry to explore the reasons for, and AND between nonmaterials and materials and how they affect security in theory and practice.
Colonialism necessitates mass structural violence as a majority of the global is reduced to bare life – investigating the historical constitution of these power relations is necessary to solve endless violence Hartig 6 – Associate Professor of English at the University of Montreal (Heike, “Global Civil War and Post-colonial Studies,” from the Globalization and Autonomy Online Compendium, globalautonomy.ca/global1/servlet/Xml2pdf?fn=RA_Harting_GlobalCivilWar)
The Necropolitics of Global Civil War As with other civil wars, global civil war AND rescripting of both the normalizing narratives and racialized embodiment of global civil warfare.
? The alternative is a “first priority” to banish the United States from the planet Churchill 96 (Ward, ex-Prof of Ethnic Studies @ U of Colorado, “From a Native Son”, p.85-90shree)
The question which inevitably arises with regard to indigenous land claims, especially in the AND “impossible realism.” Isn’t it time we all worked on attaining it?
Abandon the political and epistemic basis of the affirmative – challenging the 1AC’s framework of interpretation is a prerequisite to ethical politics and decision-making Deloria Jr. 99 – Member of the Standing Rock Sioux Tribe and Professor at University of Colorado Boulder (Vine, also Former Executive Director for the National Congress of American Indians and former Professor of Political Science and Law at the University of Arizona, For This Land: Writing on Religion in America, p. 101-7, Mabrey/Bosley)
If there were any serious concern about liberation we would see thousands of people simply AND inductive and deductive reasoning are the primary tools For gain- ing knowledge.
2/4/14
4 - K - Settlerism vs OCOs - UGA
Tournament: UGA | Round: Octas | Opponent: Emory KL | Judge: OGorman, Cramer, Atchison The 1AC’s securitized politics and instrumental focus on restraining the executive effaces the political economy of colonial governmentality which make circumvention and mass violence possible Dutton 10 – Professor of Politics at Goldsmiths, University of London (Michael, “The paradoxical after-life of colonial governmentality,” Social Identities, September 2010, 16(5):638-649, accessed 12-3-13 Bosley)
Apocalyptic thinking is inherently eschatological, interpreting history through the prism of finitude: AND cyber war located with respect to this spirit of apocalyptic modernity and postmodernity? ? Colonialism necessitates mass structural violence as a majority of the global is reduced to bare life – investigating the historical constitution of these power relations is necessary to solve endless violence Hartig 6 – Associate Professor of English at the University of Montreal (Heike, “Global Civil War and Post-colonial Studies,” from the Globalization and Autonomy Online Compendium, globalautonomy.ca/global1/servlet/Xml2pdf?fn=RA_Harting_GlobalCivilWar)
The Necropolitics of Global Civil War As with other civil wars, global civil war AND rescripting of both the normalizing narratives and racialized embodiment of global civil warfare.
The alternative is to abandon the political and epistemic basis of the affirmative – challenging the 1AC’s framework of interpretation is a prerequisite to ethical politics and decision-making Deloria Jr. 99 – Member of the Standing Rock Sioux Tribe and Professor at University of Colorado Boulder (Vine, also Former Executive Director for the National Congress of American Indians and former Professor of Political Science and Law at the University of Arizona, For This Land: Writing on Religion in America, p. 101-7, Mabrey/Bosley)
If there were any serious concern about liberation we would see thousands of people simply AND inductive and deductive reasoning are the primary tools For gain- ing knowledge.
2/4/14
4 - K - Settlerism vs ZOAH - UGA
Tournament: UGA | Round: Finals | Opponent: Emory DK | Judge: Mosley-Jensen, Cramer, Poapst The 1AC’s securitized politics and instrumental focus on restraining the executive effaces the political economy of colonial governmentality which make circumvention and mass violence possible Dutton 10 – Professor of Politics at Goldsmiths, University of London (Michael, “The paradoxical after-life of colonial governmentality,” Social Identities, September 2010, 16(5):638-649, accessed 12-3-13 Bosley)
This is because both SARS and New York’s 911 called forth from government, albeit AND , that we discover ‘ the after-life ’ of colonial governmentality. ? Focusing on making drones “legal” ignores the colonial necropolitics that determines which politicized lives can be saved or eliminated Allinson 12 – Faculty of Social Sciences and Humanities at the University of Westminster (Jamie, “Necropolitics of the Cyborg Empire: Rethinking the Drone War,” http://millenniumjournal.files.wordpress.com/2012/10/ allinsonmillenium2012necropoliticscyborg-empire.docx, accessed 12-15-13 Bosley)
Against these claims, anti-drone voices focus on the potential for lethal mistakes AND cyborgs’. How is this technology visible in the practice of drone strikes?
? The affirmative’s reduction of the world to zones of conflict to determine the “excess” of the US ignores the structure of military lawfare that allows for mass liberal violence Morrissey 11 – Lecturer in Political and Cultural Geography, National University of Ireland, Galway (John, Galway; has held visiting research fellowships at University College Cork, City University of New York, Virginia Tech and the University of Cambridge, “Liberal Lawfare and Biopolitics: US Juridical Warfare in the War on Terror,” Geopolitics, Volume 16, Issue 2, 2011, accessed 1-14-13 Bosley)
The US military’s evident disdain for international law, AND ultimately enables the ‘toxic combination’ of US geopolitics and biopolitics defining the current age of securitization.
Colonialism necessitates mass structural violence as a majority of the global is reduced to bare life – investigating the historical constitution of these power relations is necessary to solve endless violence Hartig 6 – Associate Professor of English at the University of Montreal (Heike, “Global Civil War and Post-colonial Studies,” from the Globalization and Autonomy Online Compendium, globalautonomy.ca/global1/servlet/Xml2pdf?fn=RA_Harting_GlobalCivilWar)
The Necropolitics of Global Civil War As with other civil wars, global civil war AND rescripting of both the normalizing narratives and racialized embodiment of global civil warfare.
The alternative is a “first priority” to banish the United States from the planet Churchill 96 (Ward, ex-Prof of Ethnic Studies @ U of Colorado, “From a Native Son”, p.85-90shree)
The question which inevitably arises with regard to indigenous land claims, especially in the AND “impossible realism.” Isn’t it time we all worked on attaining it? Abandon the political and epistemic basis of the affirmative – challenging the 1AC’s framework of interpretation is a prerequisite to ethical politics and decision-making Deloria Jr. 99 – Member of the Standing Rock Sioux Tribe and Professor at University of Colorado Boulder (Vine, also Former Executive Director for the National Congress of American Indians and former Professor of Political Science and Law at the University of Arizona, For This Land: Writing on Religion in America, p. 101-7, Mabrey/Bosley)
If there were any serious concern about liberation we would see thousands of people simply AND inductive and deductive reasoning are the primary tools For gain- ing knowledge.
2/4/14
4 - K - Zupancic
Tournament: Kentucky | Round: 5 | Opponent: Gonzaga | Judge: Turner The 1AC never leaves the academic graveyard – ensures their strategy maintains interpassivity Occupied UC Berkeley 09 (The Necrosocial: Civic Life, Social Death, and the UC; http://anticapitalprojects.wordpress.com/2009/11/19/the-necrosocial/, 11/19 shree)
He and his look forward to a reproduction of the logic of representative governance, AND all thought and action, that bind revolution inside books, lecture halls.
The empty political gesture of the aff actively produces passivity Žižek 95 (Slavoj, Inst of Sociology @ U of Ljubljana, Law and the Postmodern Mind: Superego by Default, Cardozo Law Rev, lexisshree)
Emphasis should be laid on the inherent political dimension of the notion of enjoyment or AND rendering it more bearable, but we can never be rid of it.
The alternative is to forget the 1AC. Forgetting is a positive faculty which allows us to achieve ourselves outside of asceticism’s deathgrip. Zupan?i? 3 (Alenka, Philosopher at the U of Ljubljana, “The Shortest Shadow: Nietzsche’s Philosophy of the Two,” p 57-60, evidence under erasure shree)
This is perhaps the moment to examine in more detail what Nietzschean “forgetting” AND —precisely through its “closure”—the possibility of a new one.
10/9/13
4 - K - Zupancic vs Liberty CE
Tournament: Clarion | Round: 3 | Opponent: Liberty CE | Judge: Rubino The affirmative’s intellectual resistance to Western Modernity as manifested in Amerikkka only reifies the colonial ontology of the Self that produced their harms by mediating the “I” ethically obligated to address suffering and the Other through an imperialist orientation of salvation Nayar, Associate Professor of Law at the University of Warwick, 13 (Jayan, “The Politics of Hope and the Other-in-the-World: Thinking Exteriority,” 2013, Law Critique 24:64-85, DOI 10.1007/s10978-012-9115-8, accessed 8-22-13 Bosley)
Totality, as I mean it, is the universe of all that can be AND repair’ of the world to emerge out of such Levinasian suffering-thought.
Their colonial parasitism of the the Other by commodifying suffering into merchandise sold for ballots depoliticizes our responses and produces interpassivity which turns the case Nayar, Associate Professor of Law at the University of Warwick, 13 (Jayan, “The Politics of Hope and the Other-in-the-World: Thinking Exteriority,” 2013, Law Critique 24:64-85, DOI 10.1007/s10978-012-9115-8, accessed 8-22-13 Bosley) *Footnotes 13 and 16 included in brackets
An ontology of totality-exteriority underpins this conventional wisdom of what Santiago Castro- AND , and importantly, remains in her place compliantly. Suffering is indeed plentiful for our productive plunder, and how profitably we, thinkers of hope, suffer in this respect.
The alternative is to forget the 1AC. Forgetting is a positive faculty which allows us to achieve ourselves outside of asceticism’s deathgrip. Zupan?i? 3 (Alenka, Philosopher at the U of Ljubljana, “The Shortest Shadow: Nietzsche’s Philosophy of the Two,” p 57-60, evidence under erasure shree)
This is perhaps the moment to examine in more detail what Nietzschean “forgetting” AND —precisely through its “closure”—the possibility of a new one.
11/14/13
5 - Solvency - CIA-DOD Shift
Tournament: Clarion | Round: 2 | Opponent: Liberty LS | Judge: Turnage Case – CIA-DOD Shift Plan is less transparent and restrictive of drones Kuyers, 13 (Josh, writer for the National Security Law Brief at the American University Washington College of Law, "CIA or DoD: Clarifying the Legal Framework Applicable to the Drone Authority Debate", April 4, nationalsecuritylawbrief.com/2013/04/04/cia-or-dod-clarifying-the-legal-framework-applicable-to-the-drone-authority-debate/ NL)
Some recent editorials note that moving drone operations from the CIA to the DoD invokes AND through regularly scheduled, voluntary briefings rather than shifting operational command and control. The plan’s a joke – current shift proves they only make the CIA fill out more paperwork but maintain shadow control Bennett 13 (Wells Bennett, Fellow at National Security Law at Brookings Institution, “Exactly What Targeted Killing Duties Are Shifting from CIA to DOD?” 3/21/13, http://www.lawfareblog.com/2013/03/exactly-what-targeted-killing-duties-are-shifting-from-cia-to-dod/, 8/18/13, RGH)
Lawfarers are by now steeped in this news: the White House apparently intends to AND it is hard to know what the interagency transition really will look like.
11/14/13
5 - Solvency - Courts
Tournament: Kentucky | Round: 4 | Opponent: UNLV | Judge: Foley Obama will circumvent Courts Pyle 12 – Professor of Constitutional Law and Civil Liberties at Mount Holyoke College (Christopher H., “The Law: Barack Obama and Civil Liberties,” December 2012, Presidential Studies Quarterly 42:4, Pg. 867–880)
But this is not the only double standard that Obamaand#39;s attorney general has endorsed. AND be camouflaged with euphemisms like “enhanced interrogation techniques” (Editorial 2011b).
Congress will backlash – makes the courts useless Vladeck 11 – Professor of Law at American University (Stephen, “Why Klein (Still) Matters: Congressional Deception and the War on Terrorism,” 6-16-11, Journal of National Security Law Vol 5.)
Six weeks later, Congress enacted the USA PATRIOT Act, which included a series AND function in the manner they deem appropriate.”56 pg. 257-259
No impact to bioweapons – worst case scenario already happened
Dove 12 ~Alan Dove, PhD in Microbiology, science journalist and former Adjunct Professor at New York University, and#34;Who’s Afraid of the Big, Bad Bioterrorist?and#34; Jan 24 2012, http://alandove.com/content/2012/01/whos-afraid-of-the-big-bad-bioterrorist/~~ The second problem is much more serious. Eliminating the toxins, we’re left with AND biodefense industry is a far greater threat to us than any actual bioterrorists.
Panel moderator Benjamin Friedman, a research fellow at the Cato Institute, said academic AND . Which can’t make anything and what it would make is just garbage.and#34;
9/25/13
6 - AT Brazil Prolif
Tournament: UGA | Round: 3 | Opponent: Vandy BM | Judge: Malsin Double Bind- Either Brazil proliferation inevitable or it won’t proliferate because of the NPT Ghoshal 2013 (Debalina Ghoshal is a writer for the Gatestone Institute at the International Policy Council. “South America Goes Nuclear: Now Brazil.” Date made August 30, 2013. Date retrieved January 31, 2014. http://www.gatestoneinstitute.org/3941/nuclear-brazil) Brazil, a party to the Non Proliferation Treaty, is reportedly planning to develop AND leadership decided to develop five submarines -- some of them nuclear-powered.
Brazil won’t proliferate- IAEA and Argentina check Gwertzman 2010 (Bernard Gwertzman is a member of the Council on Foreign Relations. “Brazil's Take on Iran and NPT.” Date made May 19, 2010. Date retrieved January 31, 2014. http://www.cfr.org/brazil/brazils-take-iran-npt/p22160) What exists is the diplomatic and, again, politically principled position that the NPT AND Energy Agency (IAEA) to make inspections within its own military facilities.
Third, and fortunately, China knows its ascent will not continue without Western complicity AND amongst reactionary military factions, to become divorced from global forces of progress.
And economic and stability concerns trump alt causes – China needs us in the region
Ackerman 11 (Robert, Editor in Cheaf of the official blog of the Armed Forces Communication and Electronics Association quoting former admiral Timothy Keating, 5/10/11, and#34;War Between China, U.S. Not Likely,and#34; http://www.afcea.org/signal/signalscape/index.php/2011/05/10/11510/)
The United States and China are not likely to go to war with each other AND that process by remaining a powerful force in the region, he added.
No Indo/China war – bilateral relations, nuclear disparity, interdependence
Malone and Mukherjee 10 ~David M. Malone, a former Canadian Ambassador to the UN and High AND , Volume 52, Issue 1 February 2010 , pages 137 – 158~
The Sino-Indian border dispute is long running and fairly intractable, despite shows AND though their tactical alliances have often proved unstable in the heat of negotiation.
No miscalc – multiple safeguards and de-targeting prevent accidents
Slocombe ’9 – Former Undersecretary of Defense ~Walter, senior advisor for the Coalition Provisional Authority in Baghdad and a former Under Secretary of Defense for Policy, he is a four-time recipient of an award for Distinguished Public Service and a member of the Council on Foreign Relations, and#34;De-Alerting: Diagnoses, Prescriptions, and Side-Effects,and#34; Presented at the seminar on Re-framing De-Alert: Decreasing the Operational Readiness of Nuclear Weapons Systems in the US-Russia Context in Yverdon, Switzerland, June 21-23 http://www.ewi.info/system/files/Slocombe.pdf~~
Let’s start with Technical Failure – the focus of a great deal of the advocacy AND remain available for authorized use but not susceptible of appropriation or mistaken use.
There’s no end for now to the hostile rhetoric between India and Pakistan. But AND noted, have been limited to specific areas of the Line of Control.
9/25/13
6 - AT Credibility Soft Power
Tournament: Kentucky | Round: 7 | Opponent: Cal Berkeley MS | Judge: Bertram Soft power fails – can’t be manipulated and Obama won’t exercise it Ford, Senior Fellow at the Hudson Institute, 12 (Christopher A., also former U.S. Special Representative for Nuclear Proliferation, Principal Deputy Assistant Secretary of State, and General Counsel to the U.S. Senate Select Committee on Intelligence, “Soft on ‘Soft Power,’” SAIS Review vol. XXXII no. 1, Winter-Spring 2012, Project Muse, accessed 7-2-12 Bosley)
The distinction is important because when viewed through this prism of usability, much of AND nor indeed the government itself—should be permitted to accrue unchallengeable power.
Soft power fails - Individual attitudes of leaders trump - Closed societal influence of other countries - Terrorism proves limitations of soft power - Self-interest pereception tanks influence Kroenig et al. 10 (Matthew – Professor of Government at Georgetown, Melissa McAdam – Professor of Political Science at UC Berkley, and Steven Weber – Professor of Information Studies and Political Science at UC Berkeley, “Taking Soft Power Seriously,” Comparative Strategy 29:5, p412-431, accessed 7-2-12 Bosely)
Foreign policy actors have many reasons to experiment with soft power, not merely because AND scholars adopt an ambitious research agenda centered on answering critical questions about soft power
Liberal internationalism will survive hegemonic decline – rising countries’ self-interest Ikenberry, Professor of International Affairs at Princeton, 11 (John Ikenberry , “The Future of the Liberal World Order”, Foreign Affairs, May 2011, pdf)
But this panicked narrative misses a deeper reality: although the United States' position in AND the growth of economic and security interdependence are creating new constituencies for it.
If nothing else, Barack Obama's Syria policy has succeeded in exposing the widening fissures AND reputation. Nevertheless, credibility doesn't matter nearly as much as policymakers claim. Credibility low Younge 9-8-13 (Gary, The Guardian, The US has little credibility left: Syria won't change that Obama's argument for intervention is a hollow one: America's use of chemical weapons in Falluja makes that clear http://www.theguardian.com/commentisfree/2013/sep/08/us-little-credibility-syria-chemical-weapons)
The problem for America in all of this is that its capacity to impact diplomatic AND is trying to come to a political settlement with the Taliban before leaving.
10/9/13
6 - AT DPT
Tournament: Kentucky | Round: 7 | Opponent: Cal Berkeley MS | Judge: Bertram Democratic peace theory is wrong – either historically disproven or its so restrictive that it’s useless Rosato, Professor of Political Science at Notre Dame, 11 (Sebastian, “On the democratic peace” in The Handbook on the Political Economy of War, p286-289, accessed via Google Books on 6-16-12 Bosley)
In this section I evaluate the empirical claims at the core of democratic peace theory AND -liberal and World War I constitutes an important exception to the finding.
Impact is exaggerated by the media Empirics disprove Burnout theory Ridley, Wall Street Journal, 12 (Matt, and#34;Apocalypse Not: Here’s Why You Shouldn’t Worry About End Times,and#34; 8-17-12, http://www.wired.com/wiredscience/2012/08/ff_apocalypsenot/all/, accessed 2-8-13 Bosley)
Repeatedly throughout the past five decades, the imminent advent of a new pandemic has AND generally the most lethal—are declining as living standards slowly improve. I
t’s true that casual-contact infections such as colds are thriving—but only by being mild enough that their victims can soldier on with work and social engagements, thereby allowing the virus to spread. Even if a lethal virus does go global, the ability of medical science to sequence its genome and devise a vaccine or cure is getting better all the time.
Other critics contend that by the United States using drones, it leads other countries AND ). In such circumstances, the role of norms is much more limited.
Fettweis, Assistant Professor of Political Science at Tulane, 11 (Christopher J., and#34;Free Riding or Restraint? Examining European Grand Strategy,and#34; 9-26-11, Comparative Strategy 30:4, p316-332)
It is perhaps worth noting that there is no evidence to support a direct relationship AND global policeman. Those who think otherwise base their view on faith alone.
Heg fails – power projection causes balancing and ally free-riding which makes primacy unsustainable – allowing status quo relative decline causes retrenchment which solves the impact
Posen, Ford International Professor of Political Science at MIT, 13 (Barry, also Director of the Security Studies Program at MIT, and#34;Pull Back: The Case for a Less Activist Foreign Policy,and#34; Foreign Affairs, January/February 2013, accessed via EBSCO 2-19-13 Bosley)
Despite a decade of costly and indecisive warfare and mounting fiscal pressures, the long AND of ambitious foreign policy projects. Washington has tried to rescue failing states,
intervening militarily in Somalia, Haiti, Bosnia, Kosovo, and Libya, AND it would help preserve the country’s prosperity and security over the long run.
US fails with international law – structural factors and continual violations outweigh
Koplow, Professor of Law and Director of the Center for Applied Legal Studies at Georgetown, 13 (David, and#34;Indisputable Violations: What Happens When the United States Unambiguously Breaches a Treaty?and#34; Winter 2013, Fletcher Forum of World Affairs 37(1):53-74, accessed 8-5-13 Bosley)
A unifying theme underlies the three violations described above; they all rely upon an AND the rule of law by its deeds as well as by its rhetoric.
I-Law fails – no incentive to model
Bradford and Posner 11 (Anu Bradford – Professor of Law at Columbia Law School, and Eric Posner – Kirkland 26 Ellis Professor of Law University of Chicago Law, and#34;Universal Exceptionalism in International Law,and#34; Winter 2011, Harvard International Law Journal 52:1, accessed 7-30-13 Bosley)
One might argue that states’ rhetoric is immaterial; what matters instead is their behavior AND simply normal politics, not special behavior that deserves the label of exemptionalism.
While the international community has continuously condemned targeted killing since its emergence in 2000, AND targeted killing lawful? The answer depends on how the conflict is classified.
9/25/13
6 - AT Judicial Modeling
Tournament: Kentucky | Round: 7 | Opponent: Cal Berkeley MS | Judge: Bertram No judicial modeling Law and Versteeg 12 – Professor of Comparative Constitutional Law at Washington University and Professor of Comparative Constitutional Law at UVA (David S. Law and Mila Versteeg, “The Declining Influence of the United States Constitution,” New York University Law Review 87:762-858, accessed 9-14-13 Bosley)
The appeal of American constitutionalism as a model for other countries appears to be waning AND would follow its lead. But the world would surely pay close attention.
Rothkopf, Visiting Scholar oat the Carnegie Endowment, 11 (David, also former profressor of international affairs and national security studies at Columbia and Georgetown and current CEO of Garten Rothkopf which is an advisory firm, and#34;Libya is a crucial test for Obama the multilateralist, http://rothkopf.foreignpolicy.com/posts/2011/03/10/libya_is_a_crucial_test_for_obama_the_multilateralist, accessed 5-27-12Bosley)
History has shown that there are some real obstacles to making multilateralism work. First AND of being an international team player and be strong at the same time.
9/25/13
6 - AT Nietzsche
Tournament: Clarion | Round: 6 | Opponent: Pitt KL | Judge: Autry We’re accountable for others – Nietzschean theory ignores the linguistic dimensions of our nature as reflexive beings and thus can’t account for the formation of the subject Butler 05 – Professor of Rhetoric and Comparative Literature at UC Berkley (Judith, PhD, Yale, “Giving an Account of Oneself,” Fordham University Press; pg. 13-15)
Importantly, Nietzsche restricts his understanding of accountability to this juridically mediated and belated attribution AND by someone and prompted to address myself to the one who addresses me.
Nietzschean understanding of the self destroys ethics and leads to mass violence Butler 05 – Professor of Rhetoric and Comparative Literature at UC Berkley (Judith, PhD, Yale, “Giving an Account of Oneself,” Fordham University Press; pg. 135-136)
What perhaps emerges most emphatically from the conjunction of these very disparate positions (Adorno AND irresponsible, or, if we are, we will surely be forgiven.
He and his look forward to a reproduction of the logic of representative governance, AND all thought and action, that bind revolution inside books, lecture halls.
Even if some suffering is good, they don’t consider intensity and scope—genocide prevents life affirmation Edelglass 6 (William, Department of Philosophy, Colby College in Maine, “Levinas on Suffering and Compassion,” Sophia, Volume 45, Issue 2, October 2006, pg. 43-59, SpringerLink, pdf)
According to Levinas's phenomenology, mild discomfort can be mastered by consciousness. But, AND consider suffering to be evil only when it is both severe and unjustified.
11/14/13
6 - AT Nuke Terror
Tournament: Kentucky | Round: 7 | Opponent: Cal Berkeley MS | Judge: Bertram No nuclear terrorism - Logistical Hurdles – technical - No rogue stockpiles - Failure deters attempts - Not in AQ strategy Gavin, Professor of International Affairs at UTA, 10 (Francis J., also Director of the Robert S. Strauss Center for International Security and Law at the Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin, “Same As It Ever Was: Nuclear Alarmism, Proliferation, and the Cold War,” International Security 34:3, Winter 09/10, pp.7-37, accessed 5-24-12Bosley)
Coherent policies to reduce the risk of a nonstate actor using nuclear weapons clearly need AND overstated, and that popular wisdom on the topic is significantly flawed.”59
10/9/13
6 - AT Pakistan
Tournament: Kentucky | Round: 4 | Opponent: UNLV | Judge: Foley No Pakistan collapse Dasgupta 13 – Director of the University of Maryland Baltimore County Political Science Program at the Universities of Shady Grove (Sunil, also non-resident Senior Fellow at the Brookings Institution, East Asia Forum, and#34;How will India respond to civil war in Pakistan?and#34;, 2-25-13, http://www.eastasiaforum.org/2013/02/25/how-will-india-respond-to-civil-war-in-pakistan/)
KABUL — Pakistan on Tuesday described its nuclear policy as one of “restraint and AND of nuclear warheads and the emergence of a militant Islamist government in Pakistan.
There’s no end for now to the hostile rhetoric between India and Pakistan. But AND noted, have been limited to specific areas of the Line of Control.
US-Pakistan relations are strategically useless and inevitably strained Kugelman 12 - senior program associate for South and Southeast Asia at the Woodrow Wilson Center (Michael, “Salvaging a Troubled Marriage: Lessons for U.S.-Pakistan Relations,” November 2012, http://www.wilsoncenter.org/sites/default/files/policy_brief_us_pakistan_relations.pdf, accessed 9-14-13 Bosley)
Unfortunately, this new phase was short-lived. A series of incidents in AND . There are too few areas of convergence for the situation to be otherwise
The NPT is irrelevant – strengthening it solves nothing
Bergner, Director of Federal Affairs at NAMIC and Masters in Security Studies, 12 (Jonathan, and#34;Going Nuclear: Does the Non-Proliferation Treaty Matter?and#34; Comparative Strategy 31:1, p84-102, 2012, accessed 6-21-12 Bosley)
The NPT appears to have been largely irrelevant in dealing with the hard cases of AND -nuclear weapon states—does not significantly serve the goal of nonproliferation.
1NC – NFU – AT Prolif
NFU fails and doesn’t solve prolif
Tertrais 09 – Senior Research Fellow at the Paris-based Foundation for Strategic Research and Contributing Editor to Survival (Bruno, and#34;The Trouble with No First Useand#34; in and#34;Forum: The Case for No First Use: An Exchange,and#34; 9-28-09, Survival 51:5, accessed 9-16-13 Bosley)
My first argument is that the benefits of no-first-use postures are AND course of a conflict against India despite their ratification of the relevant conventions.
1NC Prolif
No widespread proliferation
Hymans, USC Associate Professor of International Relations, 12 (Jacques, and#34;North Korea’s Lessons for (Not) Building an Atomic Bomb,and#34; 4-16-12, www.foreignaffairs.com/articles/137408/jacques-e-c-hymans/north-koreas-lessons-for-not-building-an-atomic-bomb?page=show, accessed 9-26-12 Bosley)
Washington’s miscalculation is not just a product of the difficulties of seeing inside the Hermit AND , as a struggling proliferator, North Korea has a lot of company.
And there’s no impact to proliferation – comprehensive study proves
Walt, Robert and Renée Belfer professor of international affairs at Harvard University’s Kennedy School of Government, 11-30-12 (Stephen M., also presently serves as faculty chair of the international security program at the Belfer Center for Science and international affairs and as co-chair of the editorial board of the journal International Security. He is also a member of the editorial boards of Foreign Policy, Security Studies, International Relations, and Journal of Cold War Studies, and coeditor of the Cornell Studies in Security Affairs, and#34;The mother of all worst-case assumptions about Iran,and#34; 11-30-12, http://walt.foreignpolicy.com/posts/2012/11/30/the_mother_of_all_worst_case_assumptions_about_iran, accessed 12-3-12 Bosley)
Yet this and#34;mother of all assumptionsand#34; is simply asserted and rarely examined. AND most potential nuclear states have concluded that getting the bomb isn’t worth it.
1NC Asian Prolif
Asian prolif doesn’t cause war Alagappa 9—Distinguished Senior Fellow, East-West Center. PhD, IR, Tufts (Muthiah, The long shadow: nuclear weapons and security in 21st century Asia, ed. Alagappa, 512) International political interaction among Asian states is for the most part rule governed, predictable AND to view the roles and effects of nuclear weapons in this larger context.
9/25/13
6 - AT Psychoanalysis
Tournament: Kentucky | Round: 1 | Opponent: Emory JS | Judge: JV Reed Psychoanalysis is non-falsifiable Mahrer 99 (Alvin R., professor emeritus at the University of Ottawa School of Psychology, “Embarrassing Problems for the Field of Psychotherapy” John Wileyand Sons, Inc. J Clin Psychol 55: 1147–1156, 1999. p. 1151, via Wiley Inter Scienceshree)
Most scientists believe that if something is real, it can be measured. Psychotherapists AND measured with rigorous precision. Our field is a public relations success story.
Psychoanalysis is psycho-violence – reductive models of the psyche cause alienation and annihilation of the self and destroy useful social analysis Deleuze 04 (Gilles, Professor of Philosophy at the University of Paris VII, Desert Islands and Other Texts: 1953-1974, p. 274-76)
I would like to present five propositions on psychoanalysis. The first is this: AND economy. It is economy itself that is political economy and desiring economy. Psychoanalytical diagnosis naturalizes the psychic drives that makes their impacts inevitable Dean 2 (Tim – dept of English and the Center for the Study of Psychoanalysis and Culture at SUNY-Buffalo, "Art as Symptom: Žižek and the Ethics of Psychoanalytic Criticism," Diacritics, v. 32, pp. 22-23shree)
If, according to Lacan at the end of his career, the symptom has AND since symptoms are no longer localized and self-evident but lurking everywhere.
Even if they’re right, their thesis is only true at the clinic Sharpe and Goucher 10 (Sharpe, lecturer, philosophy and psychoanalytic studies, and Goucher, senior lecturer, literary and psychoanalytic studies – Deakin University, ’10, Matthew and Geoff, Žižek and Politics: An Introduction, p. 182 – 185, Figure 1.5 excluded)
Can we bring some order to this host of criticisms? It is remarkable that AND can the theorist and his allies use to move them to do so?
10/9/13
6 - AT SCS
Tournament: Kentucky | Round: 4 | Opponent: UNLV | Judge: Foley SCS wouldn’t escalate Kania 13 Elsa Kania, Harvard Political Review, 1/11/13, “The South China Sea: Flashpoints and the U.S. Pivot,” http://www.iop.harvard.edu/south-china-sea-flashpoints-and-us-pivot, accessed 9/14/13, JTF
One paradox at the heart of the South China Sea is the uneasy equilibrium that AND , and he claims that “Chinese behavior is not understandable or clear.” China won’t use drones—international pressure against it Erickson and Strange 13 (Andrew Erickson is an associate professor at the Naval War College and an Associate in Research at Harvard Universityand#39;s Fairbank Centre, Austin Strange is a researcher at the Naval War Collegeand#39;s China Maritime Studies Institute and a graduate student at Zhejiang University, and#34;China has drones. Now how will it use them?and#34;, May 29, www.nationmultimedia.com/opinion/China-has-drones-Now-how-will-it-use-them-30207095.html NL)
Those worried about exactly that tend to point their fingers at China. In March AND caution - something Washington must bear in mind with its own drone programme.
US space weps deter other actors from developing space weps
Dolman and Cooper, 11 (Everett, PhD and Professor of Comparative Military Studies @ US Air Force School of Advanced Air and Space Studies and Recipient of Central Intelligence’s Outstanding Intelligence Analyst Award, and Henry, PhD and Former Deputy for the Strategic and Space Systems, and#34;Chapter 19: Increasing the Military Uses of Space,and#34; Part of and#34;Toward a Theory of Spacepower,and#34; Edited by Charles Lutes and Peter Hays, National Defense University Press, http://www.ndu.edu/press/lib/pdf/spacepower/spacepower.pdf, ) With great power comes great responsibility. If the United States deploys and uses its AND could prepare outer space for a long-overdue burst of economic expansion.
Space arms control fails
O’Hanlon, 11 (Michael, Senior Fellow @ Brookings, Looks like Evan McCarty, and#34;Chapter 21: Balancing U.S. Security Interests in Space,and#34; Part of and#34;Toward a Theory of Spacepower,and#34; Edited by Charles Lutes and Peter Hays, National Defense University Press, http://www.ndu.edu/press/lib/pdf/spacepower/spacepower.pdf, ) One type of arms control accord on activities in space would be quite comprehensive, AND time, a possible need for such a weapon cannot be ruled out.
9/25/13
6 - AT US-Russia Relats
Tournament: Kentucky | Round: 7 | Opponent: Cal Berkeley MS | Judge: Bertram Low US-Russian relations inevitable – UN disputes pove Larison 13 – PhD in History from the University of Chicago and Senior Editor at The American Conservative (Daniel, “U.S.-Russian Relations and the “Putin Doctrine”,” 3-13-13, http://www.theamericanconservative.com/larison/u-s-russian-relations-and-the-putin-doctrine/, accessed 9-13-13 Bosley)
Put another way, the reason for relatively poor U.S.-Russian relations AND business of the Security Council to police the internal behavior of other governments.
US-Russia relations are resilient and won’t break down – mutual deterrence Fenenko 11 - Leading Research Fellow, Institute of International Security Studies of RAS Alexei, “The cyclical nature of Russian-American relations,” 6/21/11, http://en.rian.ru/valdai_op/20110621/164739508.html, accessed 6/26/11
There is nothing special or unusual about the current difficulties. Over the past twenty AND Russia and the United States returned to a state of low intensity confrontation.
10/9/13
6 - AT Virilio
Tournament: Clarion | Round: 2 | Opponent: Liberty LS | Judge: Turnage Virilio’s wrong about everything, especially the political Jairus Victor Grove 8 is a Ph.D. candidate at Johns Hopkins University in International Relations and Political Theory. His research focuses on the new materialities of politics and warfare. He studies the effects of new forms of warfare on soldiers and civilian populations in urban settings. Chapter 1: A Schmittian Century?: From Nuclear Leviathan to Nuclear-Sovereign-Assemblage – March 17, 2008 – http://becomingwar.blogspot.com/2008/03/chapter-1-schmittian-century-from.html Initially nuclear weapons seemed to solidify even complete the decisionistic model of sovereignty once and AND many levels the Nuclear-sovereign-assemblage can be engaged or reterritorialized.
Thayer is a double turn – presupposing US moral superiority and a stance of American exceptionalism as the basis for policy analysis Virilio 07 – (Paul, Professor of Philosophy at the European Graduate School in Saas-Fee, Switzerland, “The original accident,” trans. by Julie Rose, Polity, available online DH)
But let's go back over the phenomenon of the acceleration of reality, so perceptible today in the retooling of nations' foreign policy. In recent years, the United States has decided to see international conflicts as internecine wars, between states considered more or less rogue. But in this extroverted world, rapid deployment of US armed forces has hoodwinked and abused the United States in the most peculiar way about the reality of its hegemony. Just as adaptation of the eye is a function of the car driver's speed, AND of their geopolitical perception in which topological reversals become more and more frequent. Recently, a wit asked himself this question: 'How can American society, so wealthy and so multicultural, project itself in such a monolithic way? There is a lot of talk of an American empire, but it's an empire behind a barricade. The Americans are in bunkers.
Give their “serial policy failure” arguments zero weight — rational subjects correct for past mistakes – their impacts are based on cherry-picked data and inaccurate generalizations Jones and Smith 11 (David Martin, Senior Lecturer, School of Political Science and International Studies, University of Queensland, Brisbane, Australia, M.L.R., Department of War Studies, King's College, University of London, London, United Kingdom, “Terrorology and Methodology: A Reply to Dixit and Stump,” Studies in Conflict and Terrorism, Volume 34, issue 6, Juneshree)
In our original review we particularly took issue with the belief, held by a AND the followers of critical theory alone can transcend the mundane and the political.
Recent cooling disproves climate models CO2 is not a pollutant – agriculture and wildlife trends prove Evidence is biased – scientists seeking funding Dissent is being quelled by warming theorists – crushes scientific inquiry Allegre et al. 12 (Claude Allegre, former director of the Institute for the Study of the Earth AND /SB10001424052970204301404577171531838421366.html, accessed 5-24-12Bosley)
There’s no compelling scientific argument for drastic action to ’decarbonize’ the world’s economy. A AND , and they fiercely defended their dogma and the privileges it brought them.
CO2 inevitable and predictions fail
Ayers, Professor of Environmental Science at Vanderbuilt, 11 (John C., The Sustainability Revolution: A scientific analysis of beneficial changes for societies, communities, and individuals, Ch6 and#34;Global Climate Change,and#34; 5-31-11, http://www.vanderbilt.edu/Sustainability/book/S1C6.pdf, accessed 5-15-12Bosley) *Note – Tables and Figures Omitted
We have reviewed what we know about GCC based on study of modern and ancient AND potential consequences of AGW and attempt to give some measure of associated uncertainties.
9/25/13
6 - Neg vs GMU KL
Tournament: USNA | Round: 4 | Opponent: GMU KL | Judge: Woodruff Pakistan Congress fails Druck, J.D. Candidate at Cornell, 12 (Judah A., “Droning On: The War Powers Resolution and the Numbing Effect of Technology-Driven Warfare,” Cornell Law Review 98:209-237, accessed 6-12-13 Bosley)
Of course, despite these various suits, Congress has received much of the blame AND Congress itself has taken a role in the continued disregard for WPR enforcement.
Drone regulation is impossible – the CIA is untouchable Alston 11 – John Norron Pomeroy Professor of Law at NYU (Philip, also UN Special Rapporteur on extrajudicial, summary or arbitrary executions from 2004 until 2010, “The CIA and Targeted Killings Beyond Borders,” 2 Harv. Nat'l Sec. J. 283, accessed 11-10-13 Bosley) *Abbreviation added in brackets
Despite the existence of a multiplicity of techniques by which the CIA might be held AND turn now to examine the feasibility and desirability of pursuing such an option. US-Pakistan relations are strategically useless and inevitably strained Kugelman 12 - senior program associate for South and Southeast Asia at the Woodrow Wilson Center (Michael, “Salvaging a Troubled Marriage: Lessons for U.S.-Pakistan Relations,” November 2012, http://www.wilsoncenter.org/sites/default/files/policy_brief_us_pakistan_relations.pdf, accessed 9-14-13 Bosley)
Unfortunately, this new phase was short-lived. A series of incidents in AND . There are too few areas of convergence for the situation to be otherwise No Pakistan collapse Dasgupta 13 – Director of the University of Maryland Baltimore County Political Science Program at the Universities of Shady Grove (Sunil, also non-resident Senior Fellow at the Brookings Institution, East Asia Forum, "How will India respond to civil war in Pakistan?", 2-25-13, http://www.eastasiaforum.org/2013/02/25/how-will-india-respond-to-civil-war-in-pakistan/)
As it is, India and Pakistan have gone down to the nuclear edge four AND out a Pakistani civil war while covertly coordinating policy with the United States. Counter-terrorism scholarship is inaccurate and constitutes a self-fulfilling prophecy Jackson 12 (Richard, Deputy Director of the National Centre for Peace and Conflict Studies, the U. of Otago, Dunedin, “Does Counter-terrorism work? Or, counter-terrorism as divination…” http://richardjacksonterrorismblog.wordpress.com/2012/02/06/does-counter-terrorism-work-or-counter-terrorism-as-divination/)
Imagine that one day Counter-terrorism officers appear on television and announce that to AND , noo noo’ while the sun sets on our civil liberties and freedoms… LeT terror threat is fabricated – their Rotella evidence cites the Combating Terrorism Center at West Point – Western think tanks get fake information from Indian intelligence—leads to perpetual violence and turns case Chisti 13 (M Khan, witer for The Frontier Post which has one of the largest readerships in Rawanlpindi and Islamabad, Board of Intermediate Education in Pakistan, Western bruiting in Pakistan-LeT links, The Frontier Post, http://www.thefrontierpost.com/article/28285/)
Major chunks of coalition forces are packing for home as Al-Qaeda is now AND of Afghan Taliban and Kashmiris who have been fighting against the occupying forces.
There’s no end for now to the hostile rhetoric between India and Pakistan. But AND noted, have been limited to specific areas of the Line of Control. No nuclear terrorism Mearsheimer 14 – R. Wendell Harrison Distinguished Service Professor of Political Science at the University of Chicago (John J., “America Unhinged,” 1-2-14, http://nationalinterest.org/article/america-unhinged-9639?page=show, accessed 1-5-13 Bosley)
Am I overlooking the obvious threat that strikes fear into the hearts of so many AND encourage and help other states to place nuclear materials in highly secure custody.
No loose nukes Zenko, Fellow in the Center for Preventive Action at the Council on Foreign Relations, and Cohen, Fellow at the Century Foundation, 12 (Micah, and Michael, “Clear and Present Safety: The United States Is More Secure Than Washington Thinks,” Foreign Affairs 3-14-12, http://yaleglobal.yale.edu/content/clear-and-present-safety, accessed 5-28-12Bosley)
Overblown fears of a nuclear Iran are part of a more generalized American anxiety about AND United States is “very comfortable with the security of Pakistan’s nuclear weapons.”
Other critics contend that by the United States using drones, it leads other countries AND ). In such circumstances, the role of norms is much more limited. China won’t use drones recklessly Erickson and Strange 13 (Andrew Erickson is an associate professor at the Naval War College and an Associate in Research at Harvard University's Fairbank Centre, Austin Strange is a researcher at the Naval War College's China Maritime Studies Institute and a graduate student at Zhejiang University, "China has drones. Now how will it use them?", May 29, www.nationmultimedia.com/opinion/China-has-drones-Now-how-will-it-use-them-30207095.html NL)
Those worried about exactly that tend to point their fingers at China. In March AND caution - something Washington must bear in mind with its own drone programme. China won’t escalate disputes Carlson 13 – Associate Professor of Government at Cornell (Allen, “China Keeps the Peace at Sea,” 2/21/13, www.foreignaffairs.com/articles/139024/allen-carlson/china-keeps-the-peace-at-sea?page=show)
The nuclear test, though, is a red herring in terms of the conflict AND Today, China's economy is second only to that of the United States.
They produce China as a threat, which becomes a self-fulfilling prophecy and turns case Al-Rodhan 7 Khalid, fellow with the Arleigh A. Burke Chair in Strategy at the Center for Strategic and International Studies, Washington DC. ‘A Critique of the China Threat Theory: A Systemic Analysis’, Asian Perspective Journal, Vol. 31, No. 3, 2007 62-64shree
There is no easy way to analyze the China threat theory. Journalists, strategic AND diminish this ambiguity, and at worst lead to confrontations. In conclusion, Makes their impact inevitable—overrides any possible cooperation
Pan 4 Chengxin. Department of Political Science and International Relations, Faculty of Arts, Australian National University, Canberra. “The 'China threat' in American self-imagination: the discursive construction of other as power politics." Alternatives: Global, Local, Political 29.3 (June-July 2004): 305(27).
And yet, the real problem is that, so long as the United States AND the United States and the Soviet Union, but this may not work in
Status quo DoD shift guarantees circumvention Kuyers, 13 (Josh, writer for the National Security Law Brief at the American University Washington College of Law, "CIA or DoD: Clarifying the Legal Framework Applicable to the Drone Authority Debate", April 4, nationalsecuritylawbrief.com/2013/04/04/cia-or-dod-clarifying-the-legal-framework-applicable-to-the-drone-authority-debate/ NL)
Some recent editorials note that moving drone operations from the CIA to the DoD invokes AND through regularly scheduled, voluntary briefings rather than shifting operational command and control.
1/18/14
6 - Neg vs Gonzaga NS
Tournament: USNA | Round: 2 | Opponent: Gonzaga NS | Judge: Corrigan “Zone of active hostilities” restrictions get circumvented – their author Daskal 13 --- Adjunct Professor at Georgetown Law (April 2013, Jennifer C., University of Pennsylvania Law Review, “ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE,” 161 U. Pa. L. Rev. 1165)
2. Identifying the Zone Consistent with treaty and case law, overt and sustained AND control over any territory and is driven more by ideology than territorial ambition.
Legal delineation of the battlefield is ethically and methodologically suspect – they ignore the colonial structure of the law which makes every restriction merely liberation of violence Gregory 13 – Peter Wall Distinguished Professor of Geography at the University of British Columbia (Derek, “The individuation of warfare?” August 26, 2013, http://geographicalimaginations.com/2013/08/26/the-individuation-of-warfare/)
These new modalities increase the asymmetry of war – to the point where it no AND but as the corporate bearers of a contingent (because temporary) enmity.
In short, the doomsday drone scenario Ignatieff and Sharkey predict results from an excessive AND of 21st Century warfare remains fundamentally unaltered despite their arrival in large numbers.
Other critics contend that by the United States using drones, it leads other countries AND ). In such circumstances, the role of norms is much more limited.
They have Barnes backwards – they force Obama to seek alternative justifications outside “first resort” which ensures warfare Barnes 12 (Beau D. Barnes, J.D., Boston University School of Law, M.A. in Law and Diplomacy, The Fletcher School of Law and Diplomacy at Tufts University, 2012, “Reauthorizing the 'War on Terror': The Legal and Policy Implications of the AUMF's Coming Obsolescence,” Military Law Review, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2150874anddownload=yes)
In a world without a valid AUMF, the United States could base its continued AND and rooting counterterrorism efforts within a more durable, legal foundation.”152
China won’t use drones recklessly Erickson and Strange 13 (Andrew Erickson is an associate professor at the Naval War College and an Associate in Research at Harvard University's Fairbank Centre, Austin Strange is a researcher at the Naval War College's China Maritime Studies Institute and a graduate student at Zhejiang University, "China has drones. Now how will it use them?", May 29, www.nationmultimedia.com/opinion/China-has-drones-Now-how-will-it-use-them-30207095.html NL)
Those worried about exactly that tend to point their fingers at China. In March AND caution - something Washington must bear in mind with its own drone programme.
They produce China as a threat, which becomes a self-fulfilling prophecy and turns case Al-Rodhan 7 Khalid, fellow with the Arleigh A. Burke Chair in Strategy at the Center for Strategic and International Studies, Washington DC. ‘A Critique of the China Threat Theory: A Systemic Analysis’, Asian Perspective Journal, Vol. 31, No. 3, 2007 62-64shree
There is no easy way to analyze the China threat theory. Journalists, strategic AND diminish this ambiguity, and at worst lead to confrontations. In conclusion,
No Azerbaijan-Armenia conflict Rawat 13 (Anshuman Rawat is a geopolitical/international relations journalist, communications specialist AND karabakh-expect-status-quo-in-2013-14/)
Two decades of international community administered talks between Armenia and Azerbaijan over Nagorno-Karabakh AND a solution to, what is known as, the “frozen conflict.”
Obama circumvents the plan Levine 12 - Law Clerk; J.D., May 2012, University of Michigan Law School (David Levine, 2013 SURVEY OF BOOKS RELATED TO THE LAW: BOOK NOTICE: A TIME FOR PRESIDENTIAL POWER? WAR TIME AND THE CONSTRAINED EXECUTIVE, 111 Mich. L. Rev. 1195)
Both the Declare War Clause n49 and the War Powers Resolution n50 give Congress some AND the American people, but instead their inattention" (p. 132). No chance Obama complies with oversight Ross 13 (Alice, “Is Congressional Oversight Tough Enough On Drones?”, Aug 29, http://www.mintpressnews.com/is-congressional-oversight-tough-enough-on-drones/168069/)
In the Bureau’s latest investigation into the tactic of ‘double-tap’ strikes on AND broaden access to the opinions to appropriate members of the committee staff.’ AQAP isn’t a threat Bergen and Rowland 13 (Peter – CNN National Security Analyts, and Jennifer – Program Associate at the New America Foundation, 18 July 2013, “Al Qaeda in Yemen: On the ropes,” http://www.cnn.com/2013/07/18/opinion/bergen-al-qaeda-yemen/index.html?hpt=op_t1)
Shihri's death in the U.S. drone strike is part of larger story AND cadre of leaders. AQAP, in short, is struggling to survive. Counter-terrorism scholarship is inaccurate and constitutes a self-fulfilling prophecy Jackson 12 (Richard, Deputy Director of the National Centre for Peace and Conflict Studies, the U. of Otago, Dunedin, “Does Counter-terrorism work? Or, counter-terrorism as divination…” http://richardjacksonterrorismblog.wordpress.com/2012/02/06/does-counter-terrorism-work-or-counter-terrorism-as-divination/)
Imagine that one day Counter-terrorism officers appear on television and announce that to AND , noo noo’ while the sun sets on our civil liberties and freedoms…
No Pakistan collapse Dasgupta 13 – Director of the University of Maryland Baltimore County Political Science Program at the Universities of Shady Grove (Sunil, also non-resident Senior Fellow at the Brookings Institution, East Asia Forum, "How will India respond to civil war in Pakistan?", 2-25-13, http://www.eastasiaforum.org/2013/02/25/how-will-india-respond-to-civil-war-in-pakistan/)
As it is, India and Pakistan have gone down to the nuclear edge four AND out a Pakistani civil war while covertly coordinating policy with the United States.
The second problem is much more serious. Eliminating the toxins, we’re left with AND biodefense industry is a far greater threat to us than any actual bioterrorists.
The final outcome addresses a dog that hasn’t barked: the effect of the Great AND II – and not even worse – must be regarded as fortunate.”42
1/18/14
6 - Neg vs KCKCC FG
Tournament: Wake Forest | Round: 1 | Opponent: KCKCC FG | Judge: Cooper The idea that one can effectively use their individual experience as justification for describing the plight of all others ensures violent essentialism – not only will the resulting policies be disconnected from others in the group but it ensures the erasure of alternative experiences, turning the case Brown, Feminist Scholar and Professor of Political Science at UC Berkeley, 96 (Wendy, “Constitutions and 'Survivor Stories': In the 'folds of our own discourse' The Pleasures and Freedoms of Silence,” 3 U Chi L Sch Roundtable 185, accessed via LexisNexis on 5-30-12 Bosley)
If, taken together, the two passages from Foucault we have been considering call AND this vein, that there is so little feminist writing on heterosexual pleasure?)
Use of the personal oppression of the speaker as justification for their scholarship destroys any possibility of deliberation or discussion of oppression which turns the case Subotnik 98 (Professor of Law, Touro College, Jacob D. Fuchsberg Law Center. 7 Cornell J. L. and Pub. Pol'y 681)
Having traced a major strand in the development of CRT, we turn now to AND to faculty offices and, more generally, the streets and the airwaves.
The idea that silence of oppression MUST be broken ensures that testimonies of oppression are coopted and creates a Big Brother state needed to regulate politicized injuries, turning the case Brown, Feminist Scholar and Professor of Political Science at UC Berkeley, 96 (Wendy, “Constitutions and 'Survivor Stories': In the 'folds of our own discourse' The Pleasures and Freedoms of Silence,” 3 U Chi L Sch Roundtable 185, accessed via LexisNexis on 5-30-12 Bosley)
But if the silences in discourses of domination are a site for insurrectionary noise, if they are the corridors we must fill with explosive counter-tales, it is also possible to make a fetish of breaking silence. Even more than a fetish, it is possible that this ostensible tool of emancipation carries its own techniques of subjugation—
Regardles of intent or feeling of liberation presenting one’s personal stories in debate forces those stories into a confessional relationship which creates a hierarchal model where others are judge and jury of the “truth” of their position, destroying agency Teti, Lecturer in IR at the University of Aberdeen, 07 (Andrea, “Confessions of a Dangerous Paradigm: Democratisation, Transitology and Orientalism,” http://www.abdn.ac.uk/pir/notes07/Level5/PI5000/Teti20200720Confessions20of20a20Dangerous20Paradigm.pdfBosley)
The first ‘effect of power’ which a relation so structured entails is a hierarchical AND the confessor as arbiter of that truth and the ‘reality’ it oversaw.
11/16/13
6 - Neg vs Liberty CE
Tournament: Clarion | Round: 3 | Opponent: Liberty CE | Judge: Rubino The 1AC is insufficient and is commodified by the privileged academy to make them seem open and impartial—most judging paradigms start with “I’ll vote on anything” and the debate community thrives on its outward inclusion of difference—masks oppression and turns case James 8 (Joy, Your Author, “Activist Scholars or Radical Subjects?” Afterword coauthored with Edmund T. Gordon in Engaging Contradictions: Theory, Politics, and Methods of Activist Scholarship, ed. Charles Hale (Berkeley, CA: University of California Press, 2008)shree)
Let us consider the implications of the three points of our entry (and the AND of impartiality that mask their facility to reproduce or enable dominant social structures. Radical academics must exit from academia—continuing our performances in debate revitalizes the order by investing the structure of educational institutions like debate with authority—their author James 8 (Joy, Your Author, “Activist Scholars or Radical Subjects?” Afterword coauthored with Edmund T. Gordon in Engaging Contradictions: Theory, Politics, and Methods of Activist Scholarship, ed. Charles Hale (Berkeley, CA: University of California Press, 2008)shree)
All of those who define work as academics by progressive agendas will not necessarily exit AND share the arena with liberals and conservatives than with radical subjects as activists.
11/14/13
6 - Neg vs MSU
Tournament: Fullterton | Round: 1 | Opponent: MSU FK | Judge: Paul The myth of “power projection” is founded on violent paranoia of omnipotence but always impending threats – reject their scholarship which only provides cover for the unmarked violence of US imperialism McClintock, Simone de Beauvoir Professor of English and Women’s Studies, 09 (Anne, “Paranoid Empire: Specters from Guantánamo and Abu Ghraib,” small axe 28 • March 2009 • DOI 10.1215/07990537-2008-006, accessed 8-25-13 Bosley)
The specters from Guantánamo and Abu Ghraib place in our hands a profound and compromising AND oppose the violence without becoming beguiled by the seductions of spectacle alone.6 Power projection fails and causes counter-balancing and free-riding – allowing decline causes retrenchment which solves foreign policy coherency Posen, Ford International Professor of Political Science at MIT, 13 (Barry, also Director of the Security Studies Program at MIT, “Pull Back: The Case for a Less Activist Foreign Policy,” Foreign Affairs, January/February 2013, accessed via EBSCO 2-19-13 Bosley)
Despite a decade of costly and indecisive warfare and mounting fiscal pressures, the long AND it would help preserve the country's prosperity and security over the long run.
Armed forms restrictions cause a shift to PMC use – circumvents and turns the case Michaels 04 – Law Clerk to the Honorable Guido Calabresi, U.S. Court of Appeals for the Second Circuit (Jon, also Law Clerk designate, the Honorable David H. Souter, U.S. Supreme Court; J.D., Yale Law School, “ARTICLE: BEYOND ACCOUNTABILITY: THE CONSTITUTIONAL, DEMOCRATIC, AND STRATEGIC PROBLEMS WITH PRIVATIZING WAR”, 2004, 82 Wash. U. L. Q. 1001, lexis)
*1008 Military privatization of combat duties, on the other hand, decidedly AND of powers, and to the legitimacy of collective security may prove irreparable. No lunar base – laundry list of reasons Williams, Professor of Physics at Santa Rose Junior College, 10 (Lynda, “The Irrational Dreams of Space Colonization,” Peace Review, a Journal of Social Justice 22.1, Spring 2010)
What do the prospects of colonies or bases on the Moon and Mars offer? AND but rather, only the death of any member who attempts the journey.
Congress won’t exert leadership – no political incentives Druck, J.D. Candidate at Cornell, 12 (Judah A., “Droning On: The War Powers Resolution and the Numbing Effect of Technology-Driven Warfare,” Cornell Law Review 98:209-237, accessed 6-12-13 Bosley)
Of course, despite these various suits, Congress has received much of the blame AND Congress itself has taken a role in the continued disregard for WPR enforcement.
Court enforcement is a joke Entin 12 – Associate Dean for Academic Affairs of the School of Law, David L. Brennan Professor of Law, and Professor of Political Science at Case Western Reserve University (Jonthan L., “War Powers, Foreign Affairs, and the Courts: Some Institutional Considerations,” 45 Case W. Res. J. Int'l L. 443)
Although these procedural and jurisdictional barriers to judicial review can be overcome, those who AND both rulings, n108 the Supreme Court declined to review either case. n109 Treaties solve nothing – cred doesn’t solve lack of enforcement mechanisms Koplow, Professor of Law and Director of the Center for Applied Legal Studies at Georgetown, 13 (David, “Indisputable Violations: What Happens When the United States Unambiguously Breaches a Treaty?” Winter 2013, Fletcher Forum of World Affairs 37(1):53-74, accessed 8-5-13 Bosley)
A unifying theme underlies the three violations described above; they all rely upon an AND the rule of law by its deeds as well as by its rhetoric.
1/7/14
6 - Neg vs UNLV KO
Tournament: USC | Round: 2 | Opponent: UNLV KO | Judge: Hagwood Foucauldian genealogy is vacuous – their methodology in making historical forces contingent relies on a model of power that denies subjectivity and makes strategic resistance impossible Lewandowski 94 (Joseph D., Professor of Philosophy and Dean of The Honors College at the University of Central Missouri, “Review Essay on Heidegger, literary theory and social criticism, Philosophy and social criticism, Vol. 20 Issue 3, p. 115-6) PM
Spanos, however, thinks Foucault can provide an alternative materialist grounding for an emancipatory AND without the spider, nor a smoothly functioning diagram (p. 221). Representing history reduces genealogy to representational violence by re-imposing static truth to specific events, denying contingency Colwell 97 (C., Visiting Assistant Professor at Villanova University, “Deleuze and Foucault: Series, Event, Genealogy,” Theory and Event, Vol. 1, Issue 2) PM
The question then, is to how actualize events in a different manner or, AND discrete, fixed events in history that contain the truth of the matter.
Give up on the law – restraints just affirm the myth of legal self-restraint that allows for later exception McQuillan, Lecturer of Philosophy at UT Knoxville, 11 (J. Colin, PhD from Emory, “The Real State of Emergency: Agamben on Benjamin and Schmitt,” http://www.academia.edu/474447/The_Real_State_of_Emergency_Agamben_on_Benjamin_and_Schmitt, accessed 5-29-13 Bosley)
The constitutional limits liberalism imposed on the exercise of sovereign power may seem to be AND from the forms which have been imposed upon it and restricted its expression.
No spillover from the plan – vagueness and deference by all levels of the judiciary Entin 12 – Associate Dean for Academic Affairs of the School of Law, David L. Brennan Professor of Law, and Professor of Political Science at Case Western Reserve University (Jonthan L., “War Powers, Foreign Affairs, and the Courts: Some Institutional Considerations,” 45 Case W. Res. J. Int'l L. 443)
Although these procedural and jurisdictional barriers to judicial review can be overcome, those who AND both rulings, n108 the Supreme Court declined to review either case. n109
Plan can’t set a precedent – durable fiat can’t prevent Roberts from stealth overruling Araiza 12 – Professor of Law at Brooklyn (William D., “PLAYING WELL WITH OTHERS-BUT STILL WINNING,” 46 Ga. L. Rev. 1059, ln)
How can a judge undermine precedent while still following it? This Essay considers the AND as faithful to stare decisis while nevertheless pushing the law away from precedents.
He and his look forward to a reproduction of the logic of representative governance, AND all thought and action, that bind revolution inside books, lecture halls.
Normativity allows individuals to ignore those who are suffering by reducing them to an abstract concept – Supreme Court decisions often fall victim to this failing Delgado, 1991 (Richard, Charles Inglis Thomson Professor of Law, University of Colorado, University of Pennsylvania Law Review, April, 139 U. Pa. L. Rev. 933, SYMPOSIUM: THE CRITIQUE OF NORMATIVITY: ARTICLE: NORMS AND NORMAL SCIENCE: TOWARD A CRITIQUE OF NORMATIVITY IN LEGAL THOUGHT) MKD
The history of organized religion shows that intense immersion in at least certain types of AND society (with my tax dollars), will take care of that problem. Normativity thus enables us to ignore and smooth over the rough edges of our world, to tune out or redefine what would otherwise make a claim on us. In the legal system, the clearest examples of this are found in cases where the Supreme Court has been faced with subsistence claims. For example, in Lindsey v. Normet, n87 the Supreme Court considered a AND legislation and had to be sustained if it had any reasonable basis. n92 These cases are telling because they forced the judiciary to confront the harsh reality that AND money might not solve their problem anyway (you know how they are).
The idea that the law can be improved through debate is laughable Schlag, 1991 (Pierre, Professor of Law, University of Colorado, University of Pennsylvania Law Review, April, 1991, 139 U. Pa. L. Rev. 801, SYMPOSIUM: THE CRITIQUE OF NORMATIVITY: ARTICLE: NORMATIVITY AND THE POLITICS OF FORM)MKD
What should be done? How should we live? What should the law be AND some other worthy conception that celebrates its own take on the social good. Because we are constantly engaged in this great prescriptive effort to better law, our AND about the good, the right, the just, and the like. It must thus come as quite a shock to discover (as one invariably does AND quickly followed by one (quite possibly) last, exceedingly hedonistic vacation.
1/3/14
6 - Neg vs Weber State
Tournament: Wake Forest | Round: 8 | Opponent: Weber State | Judge: Allen Default to utilitarian consequentialism – key to recognize value of all beings Cumminsky 96 (David, professor of philosophy at Bates College, Kantian Consequentialism, pg. 145shree)
We must not obscure the issue by characterizing this type of case as the sacrifice AND equal consideration suggests that one may have to sacrifice some to save many. No root cause of violence Sharpe and Goucher 10 (Mattew, Senior Lecturer of Philosophy and Psychanalytic Studies at Deakin University, and Geoff, Senior Lecturer of Literary Studies and Psychoanalytical Studies at Deakin University, “Zizek and Politics: A Critical Introduction,” p231-233, accessed via Google Books on 1-28-12)
We realise that this argument, which we propose as a new ‘quilting’ framework AND today pointedly reject Theory’s legitimacy, neither reading it nor taking it seriously.
Root cause claims create a moral banner for violence – turns the case Achterhuis, Professor Emeritus in Systematic Philosophy at the University of Twente, 02 (Hans, “Violent Utopias,” Peace Review: A Journal of Social Justice 14:2, p158, accessed 1-28-12)
At base, each person who has-or claims to have-a single AND be more than partial. Such answers are but pieces of a dialogue. Narrativization as a political project produces violent utopianism through a conflation of the structure of “representation” Spivak, University Professor of Comparative Literature and Society at Columbia University, 99 (Gayatri Chakravorty, University Professor and the Director of the Institute for Comparative Literature and Society at Columbia University, “Can the Subaltern Speak?”) PM
What happens to the critique of the sovereign subject in these pro¬nouncements? The limits AND of this unfortunate marionette that the history of the unheeded subal¬tern must unfold. The 1AC never leaves the academic graveyard – ensures their strategy maintains interpassivity Occupied UC Berkeley 09 (The Necrosocial: Civic Life, Social Death, and the UC; http://anticapitalprojects.wordpress.com/2009/11/19/the-necrosocial/, 11/19 shree)
He and his look forward to a reproduction of the logic of representative governance, AND all thought and action, that bind revolution inside books, lecture halls.
The plan only affects “targeted killing operations” which are distinct from “signature strikes” Dunn and Wolff 13 (David Hastings Dunn – Reader in International Politics and Head of Department in the Department of Political Science and International Studies at the University of Birmingham, UK, and Stefan Wolff – Professor of International Security at the University of Birmingham in the UK, March 2013, “Drone Use in Counter-Insurgency and Counter-Terrorism: Policy or Policy Component?,” in Hitting the Target?: How New Capabilities are Shaping International Intervention, ed. Aaronson and Johnson, http://www.rusi.org/downloads/assets/Hitting_the_Target.pdf)
Yet an important distinction needs to be drawn here between acting on operational intelligence that AND , do anything but help to disentangle the links between insurgents and terrorists. Restricting targeted killing causes a shift to signature strikes Johnson 13 – Former Pentagon General Counsel (Jeh, “Keynote address at the Center on National Security at Fordham Law School: A “Drone Court”: Some Pros and Cons,” 3/18/13, http://www.lawfareblog.com/2013/03/jeh-johnson-speech-on-a-drone-court-some-pros-and-cons/)
Also, beware of creating the wrong set of incentives for those who must conduct AND Qaeda terrorist who might be a U.S. citizen wanders in? Shifting US drone policy to increased signature strikes internal link turns the entire aff Dunn and Wolff 13 (David Hastings Dunn – Reader in International Politics and Head of Department in the Department of Political Science and International Studies at the University of Birmingham, UK, and Stefan Wolff – Professor of International Security at the University of Birmingham in the UK, March 2013, “Drone Use in Counter-Insurgency and Counter-Terrorism: Policy or Policy Component?,” in Hitting the Target?: How New Capabilities are Shaping International Intervention, ed. Aaronson and Johnson, http://www.rusi.org/downloads/assets/Hitting_the_Target.pdf)
Yet an important distinction needs to be drawn here between acting on operational intelligence that AND used, and perceived, as a blanket approach against an entire community. Turn – Article II – New restrictions cause Obama to legitimize his military operations through other rules—that results in worse counterterrorism policies that cause global war and extinction Barnes 12 (Beau D. Barnes, J.D., Boston University School of Law, M.A. in Law and Diplomacy, The Fletcher School of Law and Diplomacy at Tufts University, 2012, “Reauthorizing the 'War on Terror': The Legal and Policy Implications of the AUMF's Coming Obsolescence,” Military Law Review, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2150874anddownload=yes)
In a world without a valid AUMF, the United States could base its continued AND and rooting counterterrorism efforts within a more durable, legal foundation.”152
Psychoanalysis is non-falsifiable Mahrer 99 (Alvin R., professor emeritus at the University of Ottawa School of Psychology, “Embarrassing Problems for the Field of Psychotherapy” John Wileyand Sons, Inc. J Clin Psychol 55: 1147–1156, 1999. p. 1151, via Wiley Inter Scienceshree)
Most scientists believe that if something is real, it can be measured. Psychotherapists AND measured with rigorous precision. Our field is a public relations success story.
Psychoanalysis is psycho-violence – reductive models of the psyche cause alienation and annihilation of the self and destroy useful social analysis Deleuze 04 (Gilles, Professor of Philosophy at the University of Paris VII, Desert Islands and Other Texts: 1953-1974, p. 274-76)
I would like to present five propositions on psychoanalysis. The first is this: AND economy. It is economy itself that is political economy and desiring economy.
1/1/14
6 - OCO Solvency vs Emory KL
Tournament: UGA | Round: Octas | Opponent: Emory KL | Judge: OGorman, Cramer, Atchison Military lawyers circumvent the plan Pollack 13 – Professor of History Emeritus at MSU and Guggenheim Fellow (Norman, "Drones, Israel, and the Eclipse of Democracy," 2-5-13, www.counterpunch.org/2013/02/05/drones-israel-and-the-eclipse-of-democracy/, accessed 12-15-13 Bosley)
Bisharat first addresses the transmogrification of AND not a murmur from an adoring public.
Cyber Collection: Operations and related AND produce cyber effects outside United States Government networks.
Their solvency advocate agrees – zero internal link to this advantage Dycus, 10 (Stephen, professor at the Vermont Law School, “Congress’ Role in Cyber Warfare”, JOURNAL OF NATIONAL SECURITY LAW and POLICY Vol. 4:153 2010, pdf, NL) Cyber warfare, as that term is used here AND defend itself by responding with a preemptive attack, either cyber or kinetic.
OCO legal vagueness ensures Congress gets circumvented – consultation is already a requirement and the plan doesn’t fiat binding consultation Dycus 10 – Professor at Vermont Law School (Stephen, “Cybersecurity Symposium: National Leadership, Individual Responsibility: Congress's Role in Cyber Warfare,” 4 J. Nat'l Security L. and Pol'y 155, accessed 8-14-13Bosley)
In 1991, in response to the Iran-Contra Affair AND generally for sensitive non-covert intelligence activities. n38
2/4/14
Districts R1 - 1NC vs Navy MR
Tournament: Districts | Round: 1 | Opponent: Navy MR | Judge: McCleary T The aff’s failure to specify the grounds of their judicial ruling is a voting issue A) Ground – denies us specific CPs and DAs based on the ruling and precedent – forces us into generics which structurally favor the aff – we can’t impact turn al-Bihani if they don’t explicitly cite the international law standards from the D.C. Circuit Court Case B) Education – rationale is key to test plan implementation and prevent a structural literature bias for the aff from generic defenses of the court – vote neg on presumption because judges can’t model without grounds Sutton 1—Circuit Judge, United States Court of Appeals for the Sixth Circuit Sutton, Jeffrey S. Michigan Law Review April 2010
The opinion-writing process provides another constraint. Unlike the democratically elected branches of AND influential is that they do just that. Others should follow his example. K The 1AC’s securitized politics and instrumental focus on restraining the executive effaces the political economy of colonial governmentality which make circumvention and mass violence possible while investing desire in the structures of war powers and indefinite detention Dutton 10 – Professor of Politics at Goldsmiths, University of London (Michael, “The paradoxical after-life of colonial governmentality,” Social Identities, September 2010, 16(5):638-649, accessed 12-3-13 Bosley)
This is because both SARS and New York’s 911 called forth from government, albeit AND , that we discover ‘ the after-life ’ of colonial governmentality.
? Ending indefinite detention only masks the larger violence of governmentality made possible by a historical legacy of anti-indigenous and racist violence – legal distinctions between legitimate and illegitimate violence break down and justify warfare Van Veeren, Postdoctoral Research Fellow in IR at the University of Sussex, 13 (Elspeth, “Clean War, Invisible War, Liberal War: The Clean and Dirty Politics of Guantánamo,” Draft of Chapter 5 of Democracies of War, set for publication by Continuum Press 2013, http://www.academia.edu/1990191/Clean_War_Invisible_War_Liberal_War, accessed 8-16-13 Bosley)
When applied to understandings of war, clean and dirty as linguistic and visual metaphors AND to be a scene of so much (often invisible) violence. 37
? Hegemony is founded on violent paranoia of omnipotence but facing impending threats – independently turns the case because it proves the epistemic basis for indefinite detention and black sites McClintock, Simone de Beauvoir Professor of English and Women’s Studies, 09 (Anne, “Paranoid Empire: Specters from Guantánamo and Abu Ghraib,” small axe 28 • March 2009 • DOI 10.1215/07990537-2008-006, accessed 8-25-13 Bosley)
The specters from Guantánamo and Abu Ghraib place in our hands a profound and compromising AND oppose the violence without becoming beguiled by the seductions of spectacle alone.6 Colonialism necessitates mass structural violence as a majority of the global is reduced to bare life – investigating the historical constitution of these power relations is necessary to solve endless violence Hartig 6 – Associate Professor of English at the University of Montreal (Heike, “Global Civil War and Post-colonial Studies,” from the Globalization and Autonomy Online Compendium, globalautonomy.ca/global1/servlet/Xml2pdf?fn=RA_Harting_GlobalCivilWar)
The Necropolitics of Global Civil War As with other civil wars, global civil war AND rescripting of both the normalizing narratives and racialized embodiment of global civil warfare.
? The alternative is a “first priority” to banish the United States from the planet Churchill 96 (Ward, ex-Prof of Ethnic Studies @ U of Colorado, “From a Native Son”, p.85-90shree)
The question which inevitably arises with regard to indigenous land claims, especially in the AND “impossible realism.” Isn’t it time we all worked on attaining it?
Challening the 1AC’s colonialist framework of interpretation is a prior question Deloria Jr. 99 – Member of the Standing Rock Sioux Tribe and Professor at University of Colorado Boulder (Vine, also F
2/23/14
Districts R3 - 1NC vs Liberty BM
Tournament: Districts | Round: 3 | Opponent: Liberty BM | Judge: Swanlek T The affirmative should defend some type of statutory or judicial restrictions on the war powers authority of the President of the U.S. in one or more of the following areas: targeted killing, indefinite detention, offensive cyber operations, or introduction of armed forces into hostilities
“The United States federal government should” means the aff should defend implementation – passive voice isn’t sufficient Ericson et al. 03 (Jon M., Dean Emeritus of the College of Liberal Arts at California Polytechnic State University, 2003, “The Debater’s Guide,” Third Edition,” p. 7, accessed via Google Books on 3-29-12 Bosley)
The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose. 2. Congress enacts “statutory restrictions” and federal judiciary imposes “judicial restrictions” Peterson 91 – Associate Professor of Law at the George Washington University National Law Center (Todd D. Peterson, B.A. 1973, Brown University; J.D. 1976, University of Michigan, Book Review: The Law And Politics Of Shared National Security Power -- A Review Of The National Security Constitution: Sharing Power After The Iran-Contra Affair by Harold Hongju Koh, New Haven, Conn.: Yale University Press. 1990. Pp. x, 330, March, 1991 59 Geo. Wash. L. Rev. 747)
Based on both case law and custom, it is hard to argue that Congress AND . n91 The problem is that Congress has refused to take effective action.
As to the constitutional issues, there is wide agreement among legal scholars on the AND force are more prone than congressionally-checked ones to be dangerously rash. B. Vote negative
Ground – the affirmative can use any methodological approach of inquiry and knowledge production as long as it includes a defense of a statutory or judicial restriction to decrease war powers authority – provides aff flexibility while preserving our ability to impact turn case areas and test efficacy of their method and legal engagement – any other interpretation explodes neg research burden and moots preparation because they’ll bypass every solvency or DA argument by shifting back and forth between in round discourse and breaking down the state 2. Topic Specific Education – debating the institutional mechanisms of Presidential war powers is necessary to check mass executive violence Young 13 – Associate Professor of Communication and Director of Forensics at Wayne State (Kelly, “Why Should We Debate About Restriction of Presidential War Powers,” 9-4-13, http://public.cedadebate.org/node/13, accessed 9-4-13 Bosley)
Beyond its obviously timeliness, we believed debating about presidential war powers was important because of the stakes involved in the controversy. Since the Korean War, scholars and pundits have grown increasingly alarmed by the growing scope and techniques of presidential war making. In 1973, in the wake of Vietnam, Congress passed the joint War Powers Resolution (WPR) to increase Congress’s role in foreign policy and war making by requiring executive consultation with Congress prior to the use of military force, reporting within 48 hours after the start of hostiles, and requiring the close of military operations after 60 days unless Congress has authorized the use of force. Although the WPR was a significant legislative feat, 30 years since its passage, presidents have frequently ignores the WPR requirements and the changing nature of conflict does not fit neatly into these regulations. After the terrorist attacks on 9-11, many experts worry that executive war powers have expanded far beyond healthy limits. Consequently, there is a fear that continued expansion of these powers will undermine the constitutional system of checks and balances that maintain the democratic foundation of this country and risk constant and unlimited military actions, particularly in what Stephen Griffin refers to as a “long war” period like the War on Terror (http://www.hup.harvard.edu/catalog.php?isbn=9780674058286). In comparison, pro-presidential powers advocates contend that new restrictions undermine flexibility and timely decision-making necessary to effectively counter contemporary national security risks. Thus, a debate about presidential wars powers is important to investigate a number of issues that have serious consequences on the status of democratic checks and national security of the United States. Lastly, debating presidential war powers is important because we the people have an important role in affecting the use of presidential war powers. As many legal scholars contend, regardless of the status of legal structures to check the presidency, an important political restrain on presidential war powers is the presence of a well-informed and educated public. As Justice Potter Stewart explains, “the only effective restraint upon executive policy and power…may lie in an enlightened citizenry – in an informed and critical public opinion which alone can protect the values of a democratic government” (http://www.law.cornell.edu/supct/html/historics/USSC_CR_0403_0713_ZC3.html). As a result, this is not simply an academic debate about institutions and powers that that do not affect us. As the numerous recent foreign policy scandals make clear, anyone who uses a cell-phone or the internet is potential affected by unchecked presidential war powers. Even if we agree that these powers are justified, it is important that today’s college students understand and appreciate the scope and consequences of presidential war powers, as these students’ opinions will stand as an important potential check on the presidency.
3. Topical version of the aff – implement statutory restrictions that reduce presidential war powers authority because it is securitized, anti-queer, anti-Black, and anti-indigenous – the bankruptcy of the law necessitates legal engagement to overcome the complacency of refusal which only solidifies the status quo Smith, Associate Professor of Media and Cultural Studies at UC Riverside, 12 (Andrea, also author of Conquest: Sexual Violence and American Indian Genocide, and Native Americans and the Christian Right: The Gendered Politics of Unlikely Alliance, “The Moral Limits of the Law: Settler Colonialism and the Anti-Violence Movement,” settler colonial studies 2(2): p69-88, accessed 5-14-13 Bosley)
Legal reformists who often focus on shaping the law to reflect their moral values and AND an alternative system to the heteropatriarchal, white supremacist, settler colonial state.
4. Switch-side debate – detachment in debate for sake of deliberation is productive by guaranteeing clash and teaching epistemic modesty – any reason the resolution is bad or insufficient is a reason to vote neg Haskell 90 – Professor of History at Rice University (May, Thomas, History and Theory, 29.2, “Objectivity is Not Neutrality: Rhetoric vs. Practice in Peter Novick’s That Noble Dream”, p. 129-157)
Detachment functions in this manner not by draining us of passion, but by helping AND , or editorially splitting the difference between them, irrespective of their perceived merits 5. Default to competing interpretations – voting negative is not a claim negating the entire scholarship of the 1AC but an affirmation of a heuristic for debate over oppressive power structures – every reason to reject topical action can be appropriated by actors with the opposite goals Talisse, Professor of Philosophy at Vanderbilt, 05 (Robert, “Deliberativist responses to activist challenges: A continuation of Young’s dialectic, ” Philosophy and Social Criticism 31:4, pp.423-444, accessed 1-2-13 Bosley) *Evidence has been gender modified
My call for a more detailed articulation of the second activist challenge may be met AND entails a politics based upon interest-based power struggles amongst adversarial factions.
K Demands upon the academy to alleviate suffering are colonialist parasitism – Otherness becomes merchandise sold for ballots while our responses are depoliticized and paper over the structures of power and privilege that make criticism possible Nayar, Associate Professor of Law at the University of Warwick, 13 (Jayan, “The Politics of Hope and the Other-in-the-World: Thinking Exteriority,” 2013, Law Critique 24:64-85, DOI 10.1007/s10978-012-9115-8, accessed 8-22-13 Bosley) *Footnotes 13 and 16 included in brackets
An ontology of totality-exteriority underpins this conventional wisdom of what Santiago Castro- AND and how profitably we, thinkers of hope, suffer in this respect.
“The subaltern cannot speak” – their mediation of suffering only solidifies the imperialist subjectivity of the ethical philosophy justified to act upon an essentialized Other that produces violent interventionism which dooms the aff Nayar, Associate Professor of Law at the University of Warwick, 13 (Jayan, “The Politics of Hope and the Other-in-the-World: Thinking Exteriority,” 2013, Law Critique 24:64-85, DOI 10.1007/s10978-012-9115-8, accessed 8-22-13 Bosley)
The Depoliticisation and Bureaucratisation of Suffering People suffer.17 This is a simple truth AND our critical self-reflection as we engage in the politics of hope? Forcing of subaltern knowledges upon the academy gets coopted – they are the end point of assimilated multiculturalism that replaces indigenous scholars with “more informed” white Liberty debaters Tuck and Gaztambide-Fernandez 13 (Eve Tuck – State University of New York, and Ruben A. Gaztambide-Fernandez, “Curriculum, Replacement, and Settler Futurity,” Journal of Curriculum Theorizing 29:1, 2013, accessed 7-4-13 Bosley)
Thwarted Interventions to the Settler Colonial Curricular Project of Replacement We observe that, knowingly AND , the new natives, and protectors of the value of human difference. The 1AC’s presencing of Native Queer scholarship is a double erasure that’s implicated in Settler colonialism—they are white women ventriloquizing the speaking subaltern that fits neatly in a scheme of self-aggrandizement and voyeurism. Vote negative to refuse academic research of native queers—it is better off unsaid by Liberty. Tuck and Yang 14 (Eve Tuck and K Wayne Yang, Eve Tuck is Assistant Professor of Educational Foundations and Coordinator of Native American Studies at the State University of New York at New Paltz.Tuck earned her Ph.D.in Urban Education at The Graduate Center, The City University of New York in 2008. Yang is Ph.D., 2004, Social and Cultural Studies, University of California, Berkeley. R-Words: Refusing Research, P 225-231shree)
Under coloniality, Descartes’ formulation, cognito ergo sum (“I think, therefore I AND . 14). Desire interrupts this metanarrative of damaged communities and White progress. The alternative solves the case better—oppressed bodies in the status quo don’t need Liberty’s mediating voice in solidarity, which just re-entrenches white supremacy. Nopper 3 (Tamara K, The White Anti-Racist is an Oxymoron: An Open Letter to White Anti-Racists. http://racetraitor.org/nopper.html)
That said, I want to begin with what has become a realization for me AND as abstract and not rooted in the everyday concrete reality that we experience?
Case Queer Theory relies on a dyadism between “queer” and “non-queer” which renders is legible—turns the case—and, self-indulgent performativity fails to cause material change for queer folks Heinz 3 (Bettina Heinz, PhD Bowling Green State University Sounds Queer to Me: The Politics of Disillusionment in Queer Theory and Communication: From Disciplining Queers to Queering the Discipline(s)edited by Gust A. Yep, Karen Lovaas, John P. Elia. 2003. 372-373)
The harmless cuteness of contemporary queerness became clear in the aftermath of the September 11 AND work, and recognize their accountability to the queer realities of everyday life. Queer theory overly emphasizes individual resistance—that atomizes resistance and cedes the political Kirsch 2K (Max H., Associate Professor and Director of the Ph.D. Program in Comparative Studies: The Public Intellectuals Program at the Florida Atlantic University, Routledge, “Queer theory and social change”, p121-123, http://books.google.com/books?id=Sfd82XETptUCandsource=gbs_navlinks_s)
Queer theory has developed along a path that questions the basic tenets of past resistance AND it separates every person from any concrete sense of identity and collective opposition. You should be skeptical about the rapidity with which Liberty BM has canonized and absorbed queer theory as part of their aff arsenal—it proves how queer theory in academia reifies systems of liberalism—it just becomes a trendy badge for progressives by de-specifying the LGBTIA content of queerness through theoretical abstractions Halperin 3 (David M. Halperin, PhD The Normalization of Queer Theory University of Michigan in Queer Theory and Communication: From Disciplining Queers to Queering the Discipline(s)edited by Gust A. Yep, Karen Lovaas, John P. Elia. 2003 (342)shree)
But with the institutionalization of queer theory, and its acceptance by the academy ( AND lesbians and gay men, looks increasingly backward, identitarian, and outdated.
2/22/14
Districts R5 - 1NC vs GW NS
Tournament: Districts | Round: 5 | Opponent: GW NS | Judge: Landrum Court Spec A) No test case makes the aff legally invalid – any reason why a test case could be found is a reason they should specify Benjamin 99 (Stuart, prof at University of San Diego Law School, “Stepping Into the Same River Twice: Rapidly Changing Facts and the Appellate Process,” 78 Texas L. Rev. 269, L/N) Congress could attempt to repass the statute, but it appears that such AND the disturbing specter of a ruling having continuing force but no factual basis. B) No grounds means no precedent for judges Sutton 1—Circuit Judge, United States Court of Appeals for the Sixth Circuit Sutton, Jeffrey S. Michigan Law Review April 2010
The opinion-writing process provides another constraint. Unlike the democratically elected branches of AND influential is that they do just that. Others should follow his example. C) Lack of case and controversy means the court will dismiss the suit King 2K (J. Brian, law clerk to Chief Judge Richard A. Schell, US District Court for the Eastern District of Texas 2000-01, “Jurisprudential Analysis of Justiciability,” 10 Kan. J.L. and Pub. Pol’y 217, L/N)
Without a judicial case or controversy, the federal courts, being part of the AND analysis with the definition of a judicial case or controversy at the center. T – WPA A. Interpretation – “war powers authority of the President” refers to authority provided by explicit authorization from Congress Bejesky 2012 (Robert, M.A. Political Science (Michigan), M AND Journal, 44 St. Mary's L. J. 1, lexis) V. CONCLUSION The roles of war powers delegated to Congress and the Executive within AND discord about the scope of the Executive's war powers for nearly two centuries. Authority over indefinite detention is the authority TO DETAIN Glazier 06 – Associate Professor at Loyola Law School in Los Angeles, California David Glazier, ARTICLE: FULL AND FAIR BY WHAT MEASURE?: IDENTIFYING THE INTERNATIONAL LAW REGULATING MILITARY COMMISSION PROCEDURE, Boston University International Law Journal, Spring, 2006, 24 B.U. Int'l L.J. 55
President Bush's decision to consider the terrorist attacks of September 11, 2001, as AND over only those offenses defined in U.S. criminal statutes. n3
Skowronek distinguishes between presidential power and authority. Power is the formal and informal resources AND expands; the ability of the president to exercise those powers has narrowed. 3. President – the plan text doesn’t specify “Presidential” War Powers authority because the denial of the writ of habeas corpus is a Congressional war power Cornell Law, No Date (Habeas Corpus, http://www.law.cornell.edu/wex/habeas_corpus NL) The sources of habeas corpus can be found in the Constitution, statutory law, AND . The Warren Court further paved the way for broader habeas corpus rights.¶ Off The affirmative’s silence to the privilege of their existence and critique on stolen land is not benign but serves to maintain the genocidal social order of the United States – Native dispossession is a prior question Churchill 03 (Ward, “Acts of Rebellion: The Ward Churchill Reader,” New York: Taylor and Francis Books, 258-262, accessed 4-30-13 Bosley)
I’ll debunk some of this nonsense in a moment, but first I want to AND make themselves part of the problem rather than becoming part of the solution.
Ending indefinite detention only masks the larger violence of governmentality made possible by a historical legacy of anti-indigenous and racist violence – legal distinctions between legitimate and illegitimate violence break down and justify warfare Van Veeren, Postdoctoral Research Fellow in IR at the University of Sussex, 13 (Elspeth, “Clean War, Invisible War, Liberal War: The Clean and Dirty Politics of Guantánamo,” Draft of Chapter 5 of Democracies of War, set for publication by Continuum Press 2013, http://www.academia.edu/1990191/Clean_War_Invisible_War_Liberal_War, accessed 8-16-13 Bosley)
When applied to understandings of war, clean and dirty as linguistic and visual metaphors AND to be a scene of so much (often invisible) violence. 37
Temporal Capture—Deliberative Democracy is too little too late for the native—they ain’t got time to wait for you gradual filing away at the state Dillon 13 (Stephen, PhD in American Studies at U of Minn, Women and Performance: a journal of feminist theory (2013): “It's here, it's that time:” Race, queer futurity, and the temporality of violence in Born in Flames , Women and Performance: a journal of feminist theory, DOI: 10.1080/0740770X.2013.786277, 5/23 shree)
In The Wretched of the Earth, Fanon describes a “time lag, or AND . The future was not coming and so the present could not wait.
The alternative is a “first priority” to banish the United States from the planet Churchill 96 (Ward, ex-Prof of Ethnic Studies @ U of Colorado, “From a Native Son”, p.85-90shree)
The question which inevitably arises with regard to indigenous land claims, especially in the AND “impossible realism.” Isn’t it time we all worked on attaining it?
Case Obama will circumvent the Court Pyle 12 – Professor of Constitutional Law and Civil Liberties at Mount Holyoke College (Christopher H., “The Law: Barack Obama and Civil Liberties,” December 2012, Presidential Studies Quarterly 42:4, Pg. 867–880)
But this is not the only double standard that Obama's attorney general has endorsed. AND be camouflaged with euphemisms like “enhanced interrogation techniques” (Editorial 2011b).
Plan can’t set a precedent – durable fiat can’t prevent Roberts from stealth overruling Araiza 12 – Professor of Law at Brooklyn (William D., “PLAYING WELL WITH OTHERS-BUT STILL WINNING,” 46 Ga. L. Rev. 1059, ln)
How can a judge undermine precedent while still following it? This Essay considers the AND as faithful to stare decisis while nevertheless pushing the law away from precedents.
Restricting detention causes outsourcing to more violent proxies Wittes 11 – Senior Fellow in Governance Studies at the Brookings Institution (Benjamin, Co-Director of the Harvard Law School - Brookings Project on Law and Security. Detention and Denial electronic resource: The Case for Candor after Guantanamo. Washington : Brookings Institution Press, 2011., p28-29)
That is the equilibrium toward which we have drifted, and it should surprise nobody AND less visible, less attractive, and more violent exercises of government power.
But without the AUMF in force, Congress and the administration would have to decide AND Constitution, then we're broadening the power of the presidency to act unilaterally."
2/23/14
Districts R7 - 1NC vs Pitt BW
Tournament: Districts | Round: 7 | Opponent: Pitt bW | Judge: Sommers, Woodruff, Bender T A. Interpretation – restrictions are prohibitions Schiedler-Brown 12 – Attorney at Jean Schiedler Brown and Associates (Jean, Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf)
3. The ordinary definition of the term "restrictions" also does not include AND some supervision conditions, but he did not agree to restrict his license. Restrictions on authority are distinct from conditions Conner 78 – Former Federal Judge for the United States District Court for the Southern District of New York (William, United States District Court, S. D. New York, CORPORACION VENEZOLANA de FOMENTO v. VINTERO SALES, http://www.leagle.com/decision/19781560452FSupp1108_11379)
Plaintiff next contends that Merban was charged with notice of the restrictions on the authority AND were not authorized to act except upon the fulfillment of the specified conditions. "In the area" means all of the activities—affs have to limit all parts of the topic area United Nations 13 (United Nations Law of the Sea Treaty, http://www.un.org/depts/los/convention_agreements/texts/unclos/part1.htm)
PART I INTRODUCTION Article 1 Use of terms and scope 1. For the purposes of this Convention: (1) "Area" means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction; (2) "Authority" means the International Seabed Authority; (3) "activities in the Area" means all activities of exploration for, and exploitation of, the resources of the Area;
Authority over indefinite detention is the authority TO DETAIN Glazier 06 – Associate Professor at Loyola Law School in Los Angeles, California David Glazier, ARTICLE: FULL AND FAIR BY WHAT MEASURE?: IDENTIFYING THE INTERNATIONAL LAW REGULATING MILITARY COMMISSION PROCEDURE, Boston University International Law Journal, Spring, 2006, 24 B.U. Int'l L.J. 55
President Bush's decision to consider the terrorist attacks of September 11, 2001, as AND over only those offenses defined in U.S. criminal statutes. n3 Spec INTERPRETATION- the Aff can choose any of 3 USFG branches but can ONLY fiat portions of the branch that are FEDERAL GOVERNMENT – the brightline is NATIONAL vs REGIONAL jurisdiction
“Federal” means central government instead of constituent districts – American Heritage Dictionary 2000
Of or relating to the central government of a federation as distinct from the governments of its member units.
The Judicial part of our federal government includes the Supreme Court and 9 Justices. They are special judges who interpret laws according to the Constitution. These justices only hear cases that pertain to issues related to the Constitution. They are the highest court in our country. The federal judicial system also has lower courts located in each state to hear cases involving federal issues.
The term federal court can actually refer to one of two types of courts. AND S. Court of Veterans' Appeals are called Article I or legislative courts.
Nope Demands upon the academy to alleviate suffering are colonialist parasitism – Otherness becomes merchandise sold for ballots while our responses are depoliticized and paper over the structures of power and privilege that make criticism possible Nayar, Associate Professor of Law at the University of Warwick, 13 (Jayan, “The Politics of Hope and the Other-in-the-World: Thinking Exteriority,” 2013, Law Critique 24:64-85, DOI 10.1007/s10978-012-9115-8, accessed 8-22-13 Bosley) *Footnotes 13 and 16 included in brackets
An ontology of totality-exteriority underpins this conventional wisdom of what Santiago Castro- AND and how profitably we, thinkers of hope, suffer in this respect.
“The subaltern cannot speak” – their mediation of suffering only solidifies the imperialist subjectivity of the ethical philosophy justified to act upon an essentialized Other only understood in terms of suffering that produces violent interventionism which dooms the aff Nayar, Associate Professor of Law at the University of Warwick, 13 (Jayan, “The Politics of Hope and the Other-in-the-World: Thinking Exteriority,” 2013, Law Critique 24:64-85, DOI 10.1007/s10978-012-9115-8, accessed 8-22-13 Bosley)
The Depoliticisation and Bureaucratisation of Suffering People suffer.17 This is a simple truth AND our critical self-reflection as we engage in the politics of hope? The alternative is to refuse the economization of injury suffering positioned as a problem in opposition to the experience of life – our criticism does not wish away or deny the reality of suffering but instead interrupts the vampiric politics of liberalism which rely on hierarchy and management of suffering understood as permanently and violently attached to identity Abbas 10 – Professor and Division Head in Social Studies, Political Science, and Philosophy at the Liebowitz Center for International Studies at Bard College at Simon’s Rock, (Asma, Liberalism and Human Suffering: Materialist Reflections on Politics, Ethics, and Aesthetics, London: Palgrave Macmillan, pg. Pg. 183-187, accessed 1-2-13 Bosley) *Evidence has been modified for gendered rhetoric in brackets
Modes of subjectivity, sensuousness, and enactment that evade liberalism’s grasp and sensorium suggest AND of newer forms of joy, desire, hope, and life itself.
Mr Obama has already ordered the operations that killed bin Laden and Anwar al- AND is what I wish, to be a martyr for a long time."
Give up on the law – restraints just affirm the myth of legal self-restraint that allows for later exception McQuillan, Lecturer of Philosophy at UT Knoxville, 11 (J. Colin, PhD from Emory, “The Real State of Emergency: Agamben on Benjamin and Schmitt,” http://www.academia.edu/474447/The_Real_State_of_Emergency_Agamben_on_Benjamin_and_Schmitt, accessed 5-29-13 Bosley)
The constitutional limits liberalism imposed on the exercise of sovereign power may seem to be AND from the forms which have been imposed upon it and restricted its expression.
Normativity allows individuals to ignore those who are suffering by reducing them to an abstract concept – Supreme Court decisions often fall victim to this failing Delgado, 1991 (Richard, Charles Inglis Thomson Professor of Law, University of Colorado, University of Pennsylvania Law Review, April, 139 U. Pa. L. Rev. 933, SYMPOSIUM: THE CRITIQUE OF NORMATIVITY: ARTICLE: NORMS AND NORMAL SCIENCE: TOWARD A CRITIQUE OF NORMATIVITY IN LEGAL THOUGHT) MKD
The history of organized religion shows that intense immersion in at least certain types of AND society (with my tax dollars), will take care of that problem. Normativity thus enables us to ignore and smooth over the rough edges of our world, to tune out or redefine what would otherwise make a claim on us. In the legal system, the clearest examples of this are found in cases where the Supreme Court has been faced with subsistence claims. For example, in Lindsey v. Normet, n87 the Supreme Court considered a AND legislation and had to be sustained if it had any reasonable basis. n92 These cases are telling because they forced the judiciary to confront the harsh reality that AND money might not solve their problem anyway (you know how they are).
The idea that the law can be improved through debate is laughable Schlag, 1991 (Pierre, Professor of Law, University of Colorado, University of Pennsylvania Law Review, April, 1991, 139 U. Pa. L. Rev. 801, SYMPOSIUM: THE CRITIQUE OF NORMATIVITY: ARTICLE: NORMATIVITY AND THE POLITICS OF FORM)MKD
What should be done? How should we live? What should the law be AND some other worthy conception that celebrates its own take on the social good. Because we are constantly engaged in this great prescriptive effort to better law, our AND about the good, the right, the just, and the like. It must thus come as quite a shock to discover (as one invariably does AND quickly followed by one (quite possibly) last, exceedingly hedonistic vacation.
2/23/14
NDT Rnd 1 1nc vs UTD LO
Tournament: NDT | Round: 1 | Opponent: UTD LO | Judge: Lundberg,Atchison, Allen T Interpretation – war powers authority must be Congressionally authorized Lobel 8 – Professor of Law, University of Pittsburgh Law School (Jules, “Conflicts Between the Commander in Chief and Congress: Concurrent Power over the Conduct of War” 392 OHIO STATE LAW JOURNAL Vol. 69:391, http://moritzlaw.osu.edu/students/groups/oslj/files/2012/04/69.3.lobel_.pdf)
Some have argued that the historical record supports not only rejecting any Presidential claim of AND did not possess those powers by virtue of the declaration of war.” Restrictions on that authority must limit discretion Lobel 8 – Professor of Law, University of Pittsburgh Law School (Jules, “Conflicts Between the Commander in Chief and Congress: Concurrent Power over the Conduct of War” 392 OHIO STATE LAW JOURNAL Vol. 69:391, http://moritzlaw.osu.edu/students/groups/oslj/files/2012/04/69.3.lobel_.pdf)
So too, the congressional power to declare or authorize war has been long held AND decisively ejected from Kuwait, a limitation recognized by President Bush himself.64
America's chief security threats used to come from the Taliban and al-Qaeda. AND 9/11 attacks, these groups are necessarily outside of Congress's authorization.
Vote neg
Limits – their aff justifies any aff that clarifies law to expand war powers – results in limitless unpredictable mechanisms that don’t actually change the status quo 2. Ground – the aff is the epitome of bidirectionality – guts all core neg ground from impact turning case areas At best the aff is extra-topical which is a voting issue for justifying infinite external aff offense – don’t sever parts of the aff because it’d make extra-T a no risk option for the aff – proving the resolution insufficient means you vote neg
K The 1AC’s securitized politics and instrumental focus on restraining the executive effaces the political economy of colonial governmentality which make circumvention and mass violence possible Dutton 10 – Professor of Politics at Goldsmiths, University of London (Michael, “The paradoxical after-life of colonial governmentality,” Social Identities, September 2010, 16(5):638-649, accessed 12-3-13 Bosley)
This is because both SARS and New York’s 911 called forth from government, albeit AND , that we discover ‘ the after-life ’ of colonial governmentality. ? Focusing on making drones “legal” ignores the colonial necropolitics that determines which politicized lives can be saved or eliminated Allinson 12 – Faculty of Social Sciences and Humanities at the University of Westminster (Jamie, “Necropolitics of the Cyborg Empire: Rethinking the Drone War,” http://millenniumjournal.files.wordpress.com/2012/10/ allinsonmillenium2012necropoliticscyborg-empire.docx, accessed 12-15-13 Bosley)
Against these claims, anti-drone voices focus on the potential for lethal mistakes AND cyborgs’. How is this technology visible in the practice of drone strikes?
? Colonialism necessitates mass structural violence as a majority of the global is reduced to bare life – investigating the historical constitution of these power relations is necessary to solve endless violence Hartig 6 – Associate Professor of English at the University of Montreal (Heike, “Global Civil War and Post-colonial Studies,” from the Globalization and Autonomy Online Compendium, globalautonomy.ca/global1/servlet/Xml2pdf?fn=RA_Harting_GlobalCivilWar)
The Necropolitics of Global Civil War As with other civil wars, global civil war AND rescripting of both the normalizing narratives and racialized embodiment of global civil warfare.
Vote negative to interrupt the securitized colonialist scripts of the 1AC – critique allows for ethical knowledge production and policymaking Nguyen 14 – Cultural Foundations of Education, Syracuse University (Nicole, “Education as Warfa
3/28/14
NDT Rnd1 2nc Kritik
Tournament: NDT | Round: 1 | Opponent: UTD LO | Judge: Lundberg,Atchison, Allen K 2NC Impact Overview Kritik outweighs and turns the case – abuse of war powers and progressive reform are both enabled by the material and legal foundation of Settler Colonialism – two impacts A. Colonial Governmentality – Dutton indicates legal reforms framed in terms of security only solidify modern politics defined by the President as Colonial Overlord who can legitimately override the law unilaterally to “defend the homeland” of “conquered frontier” from the racialized Other who existence justifies infinite circumvention and intervention under declared states of emergency cloaked in the guise of Western benevolence and rationality B. Global Warfare – Hartig indicates that the aff’s ahistorical conception of war outside the colonial structure of state ensures endless violence by ignoring the racailized power asymmetries and mass structural violence of colonialism that makes conflict on any level possible – any risk their epistemology is wrong is a reason to vote neg because it makes war thinkable and swamps their band-aid solution No impact defense in the 2AC to these root cause claims means any risk of a link is a reason to vote negative because the alt solves the entirety of the aff
2NC Impact – Death Cult (If Conceded) It’s GAME OVER – the 2AC conceded the bottom of the Dutton evidence which indicates presentations of mass suffering produce complacency and ethical distancing – we transform the horror of the status quo into museum pieces trapped behind glass that we can observe and deploy as objects to win ballots as mere distractions from the atrocities of our complicity in continued genocide – this means there’s no offense to the 1AC presentation because their apocalyptic strategy fails to spill over into political activism and the only relevant impact is whether or not we produce ethical knowledge production opposed to colonialism 2NC No Root Cause Yes root cause – Dutton and Hatrig indicate Settler Colonialism is the material and legal stage of the proximal causes of executive violence from policymaking informed by the logics of Manifest Destiny and global jurisdiction to policing technologies derived from Native genocide and reservation manipulation – even if a single theory can’t explain every instance of war or violence prefer our evidence because it’s the most specific to US war powers expansion Symptomatic analysis can’t address their flashpoint impact claims – only an epistemological shift solves McCormack 10 Tara McCormack is Lecturer in International Politics at the University of Leicester and has a PhD in International Relations from the University of Westminster, Critique, Security and Power pp42-46shree
Problem-solving theory then has two functions. It serves as a guide and AND following Jahn, that Cox does presume a distinction between facts and values.
2NC Not Roleplaying Group simulation args – Shulock evidence not responsive – this isn’t a state bad or RP bad K – we’re just a critique of what justifictions we use for the politics we make 2NC Legal Checks Work Scheurman ev not responsive – doesn’t assume emergency powers – 1NC Allison and Dutton specific to drones policies that are securitized Huq concludes neg – restrictions fail Huq 12 (Aziz Z., Chicago law prof, “binding the executive (by law or by politics)”, August, http://www.law.uchicago.edu/files/file/400-ah-binding.pdf, accessed 3-23-14 Bosley)
In concluding, I turn from the agenda for positive political analysis to some normative AND . Inevitable or not, this to me hardly seems cause for celebration.
2NC Framework (Policy Option) Our interpretation is the judge must consider the political and epistemological basis of the 1AC as a pre-requisite to evaluating implementation of the plan A) Fairness – mooting the K destroys neg flex and insulates the aff from defending the entirety of the 1AC – they had infinite time to select the best evidence and justifications which are built in offense preserving competitive equity – fairness claims are irrelevant if we win their content is unethical B) Prior question – 1NC Deloria indicates the middle ground of letting them weigh the case is illogical because our criticism calls into question the frame that produced those claims and what claims we base decisions on – belief that only policy remedies and “minor adjustments” solve is rooted in a failed Western model of political reality that sanitizes violence – they must win that both their impact claims are accurate and their legalized knowledge production is good to vote aff 2NC No Priot Questions Epist first – Deloria – above – key to big picture thinking for context Owen concludes neg Owen 2 (David, Reader in Political Theory at the University of Southampton “Reorienting International Relations: On Pragmatism, Pluralism and Practical Reasoning”, Millennium: Journal of International Studies, Vol. 31, No. 3shree)
The first dimension concerns the relationship between positivist IR theory and postmodernist IR ‘theory’ AND Shapiro and Rob Walker is to prevent us from becoming too readily bewitched. Statutory and judicial restrictions are the wrong starting point – favorite negative state actions effaces the broader political environment that creates the issue Rana 11 Aziz RANA Law @ Cornell ’11 “Who Decides on Security?” Cornell Law Faculty Working Papers. Paper 87. http://scholarship.law.cornell.edu/clsops_papers/87 p. 45-51
If both objective sociological claims at the center of the modern security concept are themselves AND , we can expect our prevailing security arrangements to become ever more entrenched.
2NC Perm – Top Level – Nyugen No permutations – the alternative is an interruption of the securitized colonialist scripts of the 1AC – Nguyen indicates status quo education has been hijacked by colonialist military officials including homeland security funding ensuring students and academics support war on terror discourses of imminant danger and racist fears of the Other – voting neg delegitimizes this knowledge production based on a longer colonial legacy that makes mass violence and botched military interventions possible – any permutation is either severance or intrinsic which is a voting issue because it makes it impossible to establish stable neg offense – you are academic choosing between epistemic models not a policymaker choosing between policy options – even if you could affirm their plan with a different set of justifications that only proves policymaking is not offense against the critique Deloria indicates only a radical break from our support for US political legitimacy and the epistemic models that make it possible can allow for a world beyond colonialism – any risk of a link or our case turns mean the perm fails because it legitimizes status quo policymaking which produces colonialist violence and circumvention – that’s Dutton Link A. Necropolitics DA – 1NC Allison indicates drone reforms wrongly assume that the drone violence can be contained and that they’re only dangerous when not used “correctly” in terms of having collective
ignoring their intrinsic violence connected to their policing of the new “quasi-colonial battlefield” they fly over – reforms fail to address the necropolitics of sovereign control over life and death which make drone violence possible, dooming solvency and guaranteeing mass violence – faith in definitions of “non-state actors” and “hostilities” from I-law relies on Western constructs of sovereignty and political organization that suppresses dissent – ensures legal regimes fail and only results in escalating violence against difference Mahmud 10 – Professor of Law and Director of the Center for Global Justice at Seattle University School of Law (Tayyab, ARTICLE: COLONIAL CARTOGRAPHIES, POSTCOLONIAL BORDERS, AND ENDURING FAILURES OF INTERNATIONAL LAW: THE UNENDING WARS ALONG THE AFGHANISTAN-PAKISTAN FRONTIER, 36 Brooklyn J. Int'l L.)
During the phase of decolonization, borders became a crucial issue for postcolonial states. AND control as rightful title is a foundational reworking of the original construct. n404
B. Modeling – the idea that every other country should “get like us” recreates the American fantasy of global occupation and control based on “City on the Hill” discourse – turns the case by producing interventionary violence to ensure compliance Tuck and Gaztambide-Fernandez 13 (Eve Tuck – State University of New York, and Ruben A. Gaztambide-Fernandez, “Curriculum, Replacement, and Settler Futurity,” Journal of Curriculum Theorizing 29:1, 2013, accessed 7-4-13 Bosley)d
Settler colonialism is typified by its practiced epistemological refusal to recognize the latent relations of AND along with its perpetual exasperation with the moral failing of its own citizens.
C. Afghanistan – appealing to human rights abuses is an imperialist façade – the aff’s ethical framing relies on a violent temporal politics that shuts down revolutionary struggles and produces complacency towards structural oppression – turns the case Toscano 14 – Reader in Critical Theory at the University of Goldsmith (Alberto, “The Tactics and Ethics of Humanitarianism,” Humanity: An International Journal of Human Rights, Humanitarianism, and Development, Volume 5, Number 1, Spring 2014, pp. 123-147, accessed 3-18-14 Bosley) *Evidence has been gender modified
Both Meister and Weizman take as their implicit starting point the conviction, most forcefully AND good about ourselves with feeling bad about him’’ (171, emphasis original).
Other instances “Perm – plan and alt in all other instances” is intrinsic because our criticism only exists in the instance of the plan – means they include infinite other actions outside both advocacies – that’s a voting issue because it justifies limitless aff offense to outweigh any neg offense
Mindset Obviously severence – you don’t do the plan “in the mindset of the alternative” because that would refuse the mindset and impact claims of the 1AC 2NC Young Young isn’t offense – this evidence just says having a public debate about the nature of war powers is good – it doesn’t say only policy solves – we better access presidential restraints by empowering the public to criticize and strip the President of epistemic and political legitimacy that allows for violent decisionism Perm – plan then alt “Perm – do the plan then the alt” is intrinsic because it adds temporal sequencing not found in either advocacy – that’s a voting issue because it makes the aff conditional and able to spike out of any neg offense
Perm – mutually exclusive All is mutually exclusive – that’s above Grossberg Politics is already ceded – 1NC Dutton indicates colonial governmentality already makes the law void in states of emergency, overriding reformist measures like the plan – only the alternative’s shift in epistemology can allow for new politics outside colonial decisionism Be skeptical of liberal blackmail – Dutton indicates the narrative of the necessity of the state is one used to provide legitimacy to mass colonial violence that is necessary to maintain its coherency – this is inseparable from the shift to forcing populations to self-colonize through subjection to American law ---Reformism isn’t aff offense – nothing about the affirmative does anything to address indigenous genocide which means they aren’t the measures their evidence assumes and cites And our alternative doesn’t preclude stat action – that’s above – it’s a question of impact framing and political ethos Dussell This permutation doesn’t make any sense if we win that the plan is colonialist – Dussell evidence ust says we can use some parts of modernity like policymaking – we agree – that’s above
2NC Wishful Thinking (Campos) Nyugen evidene straight turns this – complacency is what locks in the citizenry – dissent solves – we’re not wishful thinking but just a choice inhow we frame impacts 2NC Dickinson American democracy is a failed experiment which has never been beneficial for Natives – inclusion has only resulted in systematic exploitation or genocide – that’s Churchill 3 Democracy doesn’t solve the ills of American exceptionalism – presenting it as an ideal solution to oppression has justified the worst atrocities to ensure its spread Spanos 05 (William V., Prof. of Comp. Lit. @ NYU-Binghamton, Humanism and the Studia Humanitatis After 9/11/01, symploke vol.13 Nos. 1-2, pgs. 219-262shree)
In 1991, following the disintegration and demise of the Soviet Union and its empire AND apotheosis of Man which came to be called humanist studies, Studia Humanitatis. 2NC Liberalism Inev (Sparrow) Reject their claims of the inevitability of liberalism – they’re self-fulfilling prophecies to naturalize colonialist violence and annihilate agency Dunmire 5 (Patricia, Kent State University, Discourse and Society 16:4, 481-513shree)
In Becomings: Explorations in Memory, Time and Futures Elizabeth Grosz (1999) AND be made over, a space where everything is still to be won’.
2NC No Onto/Epist First Group the next two arguments – read Owen and McCormack ev above – he concludes neg The warrant to the excerpt of Owen is rational actor theory – that’s wrong MacDonald 03 (Paul K., Columbia U., “Useful Fiction or Miracle Maker: THe Competing epistemological Foundations of Rational Choice Theory, American Political Science Review, Vol. 97, No. 4, Novembershree)
A significant body of evidence demonstrates that human beings rarely behave purposively, consistently, AND calculation (Tversky and Kahneman 1974, 1986; cf. Frank 1990). 2NC Wendt Method focus key to policy relevance—solves passivity and paradigm wars Reus-Smit 12 (Christian, Professor of International Relations at the European University Institute, Florence, Italy “International Relations, Irrelevant? Don’t Blame Theory”, Millennium - Journal of International Studies June 2012 vol. 40 no. 3 525-540shree)
However widespread it might be, the notion that IR’s lack of practical relevance stems AND part of keeping us honest, making it practically relevant despite its abstraction.
2NC Can’t Solve (Boulding) Boulding evidence is terrible – it just says structural violence is complicated – that’s obviously true but only an epistemic shift towards focusing on structural violence produces a research paradigm to address its complexities
2NC Vague Alts The alt isn’t vague – we are a critique of the affirmative’s knowledge production which privilege Western ways of knowing and political concerns – they still get built in offense from 1AC representations and scholarship and defenses of United States action which solves fairness concerns
2NC Util Good (Isaac) Util begs the question of impact prioritization – Caputo evidence indicates infinite justice demands we go beyond calculation which just lock in the violence of the status quo – “lesser evil” framing results in unethical policymaking that comparatively outweighs Weizman 11 (Eyal Weizman, professor of visual and spatial cultures at Goldsmiths, University of London, 2011, “The Least of All Possible Evils: Humanitarian Violence from Arendt to Gaza,” pp 8-10)
The theological origins of the lesser evil argument cast a long shadow on the present AND so. The demand of his ethics are grounded in this impossibility.17
2NC Coyne (Empiricism) This Coyne evidence is non-responsive 2NC Matheni Ununderlined – says we have to regulate nanotech and a million other projects outside the aff
2NC Realism Good Realist IR is wrong – Hartig indicates it’s based on a false transhistorical account of violence that locates violence outside the state and false universalizes the epistemology of the powerful – even if elites think that way, academics shouldn’t have to Card optional Realist IR is wrong and is rigged scholarship to defend authoritarian militarism – reject their ahistorical analysis Hoover 11 – PhD Candidate in IR at LSE (Joe, also Fellow in the International Relations Department, “Egypt and the Failure of Realism,” Journal of Critical Globalization Studies, Issue 4 (2011) pg. 127-137, accessed 12-17-13 Bosley)
While there is an admirable consistency and clarity to this argument, it serves AND International Relations has appropriated this antagonistic and hierarchical vision as a scientific theory.
2NC Social Sciences Bad – Mignolo Reject their scholarship – the reliance on social sciences and Western IR ignores that the research designs are rigged to support Western interests Mignolo 09 – Professor of Humanities at Duke (Walter, “Epistemic Disobedience, Independent Thought and De-Colonial Freedom,” Theory, Culture, and Society 26(7-8), accessed 12-12-13 Bosley)
If to speak a language means to carry the weight of a civilization, then AND fill the museums of metropolitan areas. (1992 1983: 242)
3/28/14
NDT Rnd2 Framework
Tournament: NDT | Round: 2 | Opponent: Army BS | Judge: Cooper, Garner, Bender A. Interpretation and violation – the affirmative should instrumentally defend resolutional action including statutory or judicial restrictions on the war powers authority of the President
Congress enacts “statutory restrictions” and federal judiciary imposes “judicial restrictions” Peterson 91 – Associate Professor of Law at the George Washington University National Law Center (Todd D. Peterson, B.A. 1973, Brown University; J.D. 1976, University of Michigan, Book Review: The Law And Politics Of Shared National Security Power -- A Review Of The National Security Constitution: Sharing Power After The Iran-Contra Affair by Harold Hongju Koh, New Haven, Conn.: Yale University Press. 1990. Pp. x, 330, March, 1991 59 Geo. Wash. L. Rev. 747)
Based on both case law and custom, it is hard to argue that Congress AND . n91 The problem is that Congress has refused to take effective action.
As to the constitutional issues, there is wide agreement among legal scholars on the AND force are more prone than congressionally-checked ones to be dangerously rash.
3. Introducing “armed forces” into hostilities only refers to US soldiers and members of the armed forces, not weapons systems or capabilities Lorber, J.D. Candidate of UPenn and Ph.D. Candidate at Duke in Poli Sci, 13 (Eric, “EXECUTIVE WARMAKING AUTHORITY AND OFFENSIVE CYBER OPERATIONS: CAN EXISTING LEGISLATION SUCCESSFULLY CONSTRAIN PRESIDENTIAL POWER?,” Journal of Constitutional Law 15(3):961-1002, accessed 8-14-13 Bosley)
As discussed above, critical to the application of the War Powers Resolution—especially AND is highly unlikely—such operations will not trigger the War Powers Resolution.
B. Vote negative
Ground – the affirmative can use any methodological approach of inquiry and knowledge production as long as it includes a defense of a statutory or judicial restriction to decrease war powers authority – provides aff flexibility while preserving our ability to impact turn case areas and test efficacy of their method and legal engagement – any other interpretation explodes neg research burden and moots preparation 2. Topic Specific Education – debating the institutional mechanisms of Presidential war powers is necessary to check mass executive violence – the devil is in the details Cole 12 – Professor of Law at Georgetown (David, “The Politics of the Rule of Law: The Role of Civil Society in the Surprising Resilience of Human Rights in the Decade after 9/11” http://www.law.uchicago.edu/files/files/Cole201.12.12.pdf p. 51-53)
As I have shown above, while political forces played a significant role in checking AND but on a vibrant civil society dedicated to reinforcing and defending constitutional values. State engagement is possible while simultaneously deconstructing the underlying values and legitimacy of the Law and without devolving into empty reformism – deconstruction forces a double-consciousness by forcing engagement in a shitty system Thomson 05 – Lecturer in English at the Univerty of Glasgow (Alex, Deconstruction and Democracy, p. 171-73)
What Derrida proposes is not the end of revolution, however, but an extension AND an intensive engagement with the law, both within and beyond the state.
3. Topical version of the aff – affirm instrumentally decreasing war powers authority to introduce armed forces into hostilities tied to an affirmation and exposure of double consciousness – the bankruptcy of the law necessitates legal engagement to overcome the complacency of refusal which only solidifies the status quo Smith, Associate Professor of Media and Cultural Studies at UC Riverside, 12 (Andrea, also author of Conquest: Sexual Violence and American Indian Genocide, and Native Americans and the Christian Right: The Gendered Politics of Unlikely Alliance, “The Moral Limits of the Law: Settler Colonialism and the Anti-Violence Movement,” settler colonial studies 2(2): p69-88, accessed 5-14-13 Bosley)
Legal reformists who often focus on shaping the law to reflect their moral values and AND an alternative system to the heteropatriarchal, white supremacist, settler colonial state.
4. Default to competing interpretations – voting negative is not a claim negating the entire scholarship of the 1AC but an affirmation of a heuristic for debate over oppressive power structures – every reason to reject topical action can be appropriated by actors with the opposite goals Talisse, Professor of Philosophy at Vanderbilt, 05 (Robert, “Deliberativist responses to activist challenges: A continuation of Young’s dialectic, ” Philosophy and Social Criticism 31:4, pp.423-444, accessed 1-2-13 Bosley) *Evidence has been gender modified
My call for a more detailed articulation of the second activist challenge may be met AND entails a politics based upon interest-based power struggles amongst adversarial factions.
T 2NC There’s a topical version – affirm topical state action – conforming to majoritarian disocurses of state action is critical to double-cosnciousness and embodying the politics we oppose and find ourselves lodged within – use the law against itself Judith Butler, knows her fucking shit. 2K. “Antigone’s Claim: Kinship between Life and Death” Interestingly enough, both Antigone’s act of burial and her verbal defiance become the occasions AND within it traces of a simultaneous refusal and assimilation of that very authority.
It kills research and preparation Resnick, Assistant Professor of Political Science at Yeshiva University, 01 (Evan, “Defining Engagement,” Journal of International Affairs, Vol. 54, Iss. 2)
In matters of national security, establishing a clear definition of terms is a precondition AND "engagement," they undermine the ability to build an effective foreign policy.
3/28/14
NDT Rnd2 Zupancic K
Tournament: NDT | Round: 2 | Opponent: Army BS | Judge: Cooper, Garner, Bender K The 1AC’s politics of sentimental reflexivity – that if we point out enough histories of oppression, the historical legacy of West Point, imperialist interventions, the counter-productive politics of DADT, and social positioning of the oppressed, then the judge will “get it!” and change their ways – assumes an ethical register of communication that does not exist but is instead occupied by a vampiric academy that needs the 1AC to disavow its operation Berlant 98 – George M. Pullman Professor of English at the University of Chicago (Lauren, “Poor Eliza,” September 1998, American Literature 70(3):635-668, accessed 11-30-13 Bosley) Note: Prophylactic = medicine or action to prevent disease; Analgesia = inability to feel pain
What is particularly interesting about these modern-day morality plays is the particular status AND that we can hold it before us and admonish it with full vigour.
Personal experience is always regulated by the confessional sites in which it is presented – in debate this ensures violent essentialism as “I” becomes “Us” and difference in groups become mapped over in a way that not only prevents solvency but which provides power to the violent bureaucracy of the status quo Brown, Feminist Scholar and Professor of Political Science at UC Berkeley, 96 (Wendy, “Constitutions and 'Survivor Stories': In the 'folds of our own discourse' The Pleasures and Freedoms of Silence,” 3 U Chi L Sch Roundtable 185, accessed via LexisNexis on 5-30-12 Bosley)
If, taken together, the two passages from Foucault we have been considering call AND this vein, that there is so little feminist writing on heterosexual pleasure?)
The aff’s performance doesn’t disrupt dominant politics but instead resolidifes the imperial self that acts as judge and jury over the suffering of the Other producing a violent impulse for interpellation and intervention Nayar, Associate Professor of Law at the University of Warwick, 13 (Jayan, “The Politics of Hope and the Other-in-the-World: Thinking Exteriority,” 2013, Law Critique 24:64-85, DOI 10.1007/s10978-012-9115-8, accessed 8-22-13 Bosley)
Still, we contemporary architects of hope out of suffering continue to engage our critical AND Totality, the constitutive radical Other who stands in incommensurable encounter against Totality.
The alternative is to forget the traumas of double-consciousness in the academy – we should aspire to a politics outside asceticism’s death grip Zupan?i? 3 (Alenka, Philosopher at the U of Ljubljana, “The Shortest Shadow: Nietzsche’s Philosophy of the Two,” p 57-60, evidence under erasure shree)
This is perhaps the moment to examine in more detail what Nietzschean “forgetting” AND —precisely through its “closure”—the possibility of a new one.
K 1NR And the perm fails – their stark reference to the immediate “case harms” is precisely the consumptive displays of suffering we critique – emphasis on immediate action crowds out academic reform Brown, Feminist Scholar and Professor of Political Science at UC Berkeley, and Halley, Professor of Law at Harvard, 02 (Wendy and Janet, “Introduction,” Left Legalism/Left Critique, p. 33, accessed via Google Books on 5-30-12 Bosley)
We wish to challenge yet another constraint on critique issued by the suffer-mongerers AND critique also upends the semiotic and political fixity and stability of suffering itself. The 1AC never leaves the academic graveyard – ensures their strategy maintains interpassivity Occupied UC Berkeley 09 (The Necrosocial: Civic Life, Social Death, and the UC; http://anticapitalprojects.wordpress.com/2009/11/19/the-necrosocial/, 11/19 shree)
He and his look forward to a reproduction of the logic of representative governance, AND all thought and action, that bind revolution inside books, lecture halls.