1NC - alternate case CP Baudrillard K 2NR - Baudrillard
UNT
1
Opponent: GSU FN | Judge: Matt Munday
1NC court spec ground spec CP- CIT court PIC CP - law clerk PICs PMC shift DA case 2NR Law Clerks CP and Solvency
UNT
3
Opponent: Baylor BE | Judge: Eric Robinson
1NC GSPEC T-Prohibit Distinguish CP Flex DA Deference DA Warming Reps K 2NR CP and Flex DA
UNT
6
Opponent: IndyMoSTate | Judge: Jishnu
1NC Warfighting DA Nuclear Primacy DA SOP-CongressCourts Treaty Power DA Geneva Protocol CP T - ResolvedShouldSubstantial T - Restrict not ILAW 2NR CP and Flex DA
UTD
2
Opponent: K State JS | Judge: Loghry
1NC Marx and T-authority 2NR T-Authority
UTD
5
Opponent: Wyoming FT | Judge: Joel Reed
1NC SOP DA Terror DA DC Courts CP Case
UTD
7
Opponent: UTSA CM | Judge: Jame JT Taylor
2NR ReclaimAtzlanAnzaldua K and LanguageCode Switching K
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Cites
Entry
Date
0 -Plan Text
Tournament: UTD | Round: 5 | Opponent: Wyoming FT | Judge: Joel Reed Plan The United States federal judiciary should affirm in opposition to Al-Bihani v. Obama, through the application of the “Charming Betsy” Canon, that treaties ratified by the United States are a restriction on the war powers authority of the President of the United States in the area of indefinite detention.
1/8/14
1AC - Space Weaponization
Tournament: UMKC | Round: 1 | Opponent: Whitman MD | Judge: Matt Mundaye 1ac 1 Advantage one – weaponization Weaponization is coming Wu 12 – Permanent Representative of China to the Conference on Disarmament (Haito, “Statement by H.E. Ambassador Wu Haitao, on PAROS,” http://www.china-un.ch/eng/hom/t938642.htm) Firstly, arms race in outer space is posing an immediate security challenge to international AND in place to negotiate and conclude new international legal instrument on outer space. US weaponization leads to arms racing – spills over to nuclear warfare Tannenwald 4 - Assistant Professor and Director of the International Relations Program, Watson Institute for International Studies, Brown University (Nina, Article: Law Versus Power on the High Frontier: The Case for a Rule-Based Regime for Outer Space, 29 Yale J. Int'l L. 363) A more elaborated legal regime would be aimed at preventing destabilizing conflicts over the use AND -tech arms race and renew emphasis on doctrines of nuclear warfare. n25 Space wars escalate to nuclear war Englehart 8 – JD, patent litigation attorney practicing in the firm's Litigation, ITC Litigation and Patent Interferences groups (Alex, COMMON GROUND IN THE SKY: EXTENDING THE 1967 OUTER SPACE TREATY TO RECONCILE U.S. AND CHINESE SECURITY INTERESTS, Pacific Rim Law and Policy Journal, 17.1) An Effective U.S. Space Weapons Deployment Would Neutralize the ¶ Effectiveness of AND order to avoid ¶ the total collapse of its strategic nuclear deterrent.64 Independently, US plans to weaponize space leads to diplomatic backlash – undercut multilateral burden-sharing Brown 9 – PhD @ Auburn (Trevor, “Soft Power and Space Weaponization” Air and Space power Journal Volume 23 No 1, Spring, pg. 67) The United States has plans to weaponize space and is already deploying missile-defense AND difficult politically for the Air Force to make plans to offer such protection. Space weapons backlash spills over Marshall 5 – PhD, Former Research Fellow, International Security Program @ Belfer Center (William, et al, “Space weapons: the urgent debate,” ISYP Journal on Science and World Affairs, Vol. 1, No. 1) On the other hand, a range of short term disadvantages are possible, 1 AND view that any weapon in outer space violates the spirit of that Treaty. Specifically, space weapons restrictions reverse China-Russia counterbalancing Englehart 8 – JD, patent litigation attorney practicing in the firm's Litigation, ITC Litigation and Patent Interferences groups (Alex, COMMON GROUND IN THE SKY: EXTENDING THE 1967 OUTER SPACE TREATY TO RECONCILE U.S. AND CHINESE SECURITY INTERESTS, Pacific Rim Law and Policy Journal, 17.1) Beyond the Inevitable Direct Harm to Sino-American Relations, the ¶ Deployment of AND to negotiate on the space weapons issue would serve ¶ that goal well. A legally binding agreement is key Su 10 – Faculty @ Silk Road Institute of International and Comparative Law (Jinyuan, “Towards an effective and adequately veri?able PPWT,” Space Policy, p. 152) Today the world is already half way down the road to space¶ weaponization, AND worsen if ASATs proliferated to more states and¶ non-state actors. Russia-China counterbalancing collapses hegemony leads to multiple scenarios for war Blank 9 – Research Professor of National Security Affairs at the Strategic Studies Institute of the U.S. Army War College (Stephen Blank, “Russia And Arms Control: Are There Opportunities For The Obama Administration?,” online: http://www.strategicstudiesinstitute.army.mil/pdffiles/pub908.pdf) Consequently, the danger is that this ideological-strategic rivalry will harden, leading AND of joint military action in response to a regime crisis in the DPRK. Nuclear war Brooks et al 13 - Associate Professor of Government at Dartmouth College (Stephen G. Brooks, G. John Ikenberry is the Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs. He is also a Global Eminence Scholar at Kyung Hee University.William C. Wohlforth is the Daniel Webster Professor in the Department of Government at Dartmouth College. “Don't Come Home, America: The Case against Retrenchment”, Winter, 37.3) A core premise of deep engagement is that it prevents the emergence of a far AND case would generate intensely competitive behavior, possibly including regional great power war). Multilateralism solves WMD conflicts Montalván 10 - master's of science from Columbia University's Graduate School of Journalism (Luis, “Multilateralism is Essential for Peace in the 21st Century” Huffington Post, 4/23, http://www.huffingtonpost.com/luis-carlos-montalvan/multilateralism-is-essent_b_550332.html) Unilateralism is the wrong approach for American Diplomacy. There is nothing to suggest its AND us. Now is the time to create rather than divide common ground.
US liberal leadership is key to international coalitions that solve everything Kromah 9 (Lamii Moivi Kromah, Department of International Relations University of the Witwatersrand, February 2009, “The Institutional Nature of U.S. Hegemony: Post 9/11”, http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf) A final major gain to the United States from the benevolent hegemony has perhaps been AND American national security is impossible without a broad measure of international security. 57
2 Advantage two – econ Weaponization of space would collapse the economy, we’ll isolate a couple of internal links First—sattelite targeting, key to trade Sweet 3 – J.D., Lt. Col. (Ret.) USAF, Associate Professor, Embry-Riddle Aeronautical University (Kathleen, “Space-Based Offensive Weapons: Have Policymakers Discussed This Enough?,” Online Journal of Space Communication, http://spacejournal.ohio.edu/issue6/weaponry1.html) The US could be the first nation to break the international self-imposed moratorium AND satellites would bring all our economies to their knees in very short order. Second—debris Hui 07 (Zhang Hui, Research associate at Harvard University, “Space Weaponization And Space Security: A Chinese Perspective” http://www.wsichina.org/space/focus.cfm?focusid=94andcharid=1 ACC 7/27/11) Weaponizing space would further exacerbate current problems with space debris.17 Even worse, AND " and "it will threaten peace and stability on the Earth."19
Space debris crushes the global economy and trade Moore 9 (Mike, Independent Institute Research Fellow “Space Junk It's Been A Nuisance; It Soon May Become A Nightmare,” Pittsburgh Post Gazette, , p. factiva) At the moment, the amount of debris in "low-Earth orbit" AND '50s. That's a recipe for malnutrition, starvation and wars for resources.
So what would it be like living in any of these scenarios? The world AND advanced warning of a launched nuclear attack against the US or its allies.
Fourth—consumer confidence Gydesen 6 (Paul, Lieutenant Colonel, USAF, What Is The Impact To National Security Without Commercial Space Applications?, Air University, Feb 06, http://www.au.af.mil/au/awc/awcgate/awc/gydesen.pdf, KR)
The availability of space systems, especially Global Positioning System (GPS) navigation and AND from government officials and a quick conversion to fiber-optic is critical.
The event likely added hundreds of trackable debris objects and tens of thousands of small AND commercial market through decreased investor confidence and(or) high insurance rates."
The impact is nuclear war Harris and Burrows 9 - *PhD in Euro History, member of the NIC’s Long Range Analysis Unit Mathew, PhD European History @ Cambridge, counselor in the National Intelligence Council (NIC) and Jennifer is a member of the NIC’s Long Range Analysis Unit “Revisiting the Future: Geopolitical Effects of the Financial Crisis” http://www.ciaonet.org/journals/twq/v32i2/f_0016178_13952.pdf Increased Potential for Global Conflict Of course, the report encompasses more than economics and indeed believes the future is AND within and between states in a more dog-eat-dog world.
Economic interdependence makes the probability of their impacts zero Hillebrand ’10 Evan E. Hillebrand (Professor of Diplomacy at University of Kentucky and a Senior Economist for the Central Intelligence Agency) ‘10 “Deglobalization Scenarios: Who Wins? Who Loses?” Global Economy Journal, Volume 10, Issue 22010, CMR
A long line of writers from Cruce (1623) to Kant (1797) AND for more fractious relations among states and the probability for interstate war rises.
Plan The United States Congress should statutorily restrict the President’s authority to introduce weapons into space with the Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects. Solvency The plan jumpstarts binding international agreements on space weapons Jaramillo 9 – MA in Global Governance, Program Officer at Project Ploughshares working on the Space Security and Nuclear Disarmament programs (Cesar, “In Defence of the PPWT Treaty: Toward a Space Weapons Ban,” The Ploughshares Monitor, 30.4) The existing legal regime that tackles the potential weaponization of outer space is outdated, AND deserves, so that space can be preserved as a peaceful global commons. A legally binding and formal restriction is key – it’s trusted, prevents crisis-reversal and solves rollback by future administrations Mutschler 10 – PhD @ Eberhard-Karls U, Researcher at the German Institute for International and Security Affairs, Berlin (Max, “Keeping Space Safe, PRIF-Report No 98, Scholar) The major arguments in favor of a “rules of the road” approach which AND space weapons is better suited to keeping space safe in the long term. This comprehensive legal regime prevents space arms racing Tannenwald 4 - Assistant Professor and Director of the International Relations Program, Watson Institute for International Studies, Brown University (Nina, Article: Law Versus Power on the High Frontier: The Case for a Rule-Based Regime for Outer Space, 29 Yale J. Int'l L. 363) The future of peace and security in outer space is at a critical juncture. AND preemptive attack that powerful but vulnerable weapons systems seem likely to create. n18
International law is inevitable – US adherence is key to norm-shaping – prevents disadvantages that constrain the US Bellflower 10 – Major, JD @ UT, LLM with Honors, Space Law Instructor (John, ARTICLE: THE INFLUENCE OF LAW ON COMMAND OF SPACE, 65 A.F. L. Rev. 107) Whether or not the United States is the "preeminent" military power in the AND interpretation, in order to secure the very freedoms guaranteed in that law.
Congress is key to international trust and credibility Foust 11 – editor of the Space Review (Jeff, The Space Review, “Debating a code of conduct for space,” 3/7, http://www.thespacereview.com/article/1794/1) Even if the US was to sign on some version of the EU Code, AND GPS, they know there’s policy stability and they can rely on it.”
9/14/13
1AC - Warming
Tournament: CEDA | Round: 2 | Opponent: KCKCC | Judge: Sam Allen
CEDA 1AC
Plan
The United States Federal Judiciary should reverse Al-Bihani and affirm through application of the Charming Betsy canon that treaties ratified by the United States are restrictions on the war power authority of the president.
Contention 1: Charming Betsy
The D.C. Circuit Has created massive uncertainty on the binding applicability of treaty law in court interpretations
In a 2-1 decision in Al-Bihani v Obama, the D.C. panel — ignored the stance of the Executive, the Congress and the Supreme Court on how International Treaty Law should be applied
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law 43 Geo. J. Int’l L. 927 The court’s holding in Al-Bihani is troubling in several respects. First, AND on the MCA but rather should be informed by the laws of war.
it’s legally binding
Alstine 11 Michael P. Van Alstine , Prof of Law University of Maryland Duke Law Journal, U of Maryland Legal Studies Research Paper No. 2011-33 STARE DECISIS AND FOREIGN AFFAIRS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1881137 It is a curious fact the Framers structured the Constitution precisely to protect against divergent AND of the foreign relations power to the national government in the first place."
If not explicitly reversed the D.C. circuit ruling will have widespread effect unraveling treaty law in other contexts as well
Hathaway 10 Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law and director of the Center for Global Legal Challenges at Yale Law School BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf 3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of AND , the damage caused by the panel opinion is likely to be widespread.
Despite the En Banc Circuit effort to treat the Al-Bihani panel ruling as dicta, the resulting confusion has changed how the federal judiciary is treating international treaty law
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law¶ 43 Geo. J. Int’l L. 927 ¶ Al-Bihani’s Effect on Case Law ¶ ¶ The repercussions from Al- AND of command structure limit from the President’s detention authority. (173) ¶
Independently, The Al-Bihani decision reverses the Charming Betsy canon
Walsh 10 Cara Maureen Walsh J.D. Candidate 2010, Vanderbilt University Law School. Al-Bihani, Not So Charming October, 2010 Vanderbilt Journal of Transnational Law 43 Vand. J. Transnat’l L. 1151 B. The Court’s Legal Reasoning First, the appeals court panel found that international AND permits the President to detain anyone who had merely "supported" enemy forces
This is a unique judicial signal that cannot be corrected by legislation
Dehn 10 ~Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or the US Military Academy.~ The Relevance of International Law to (the Substantive and Procedural Rules of) Preventive Detention in Armed Conflict – A Rejoinder to Al-Bihanihttp://opiniojuris.org/2010/01/29/the-relevance-of-international-law-to-the-substantive-and-procedural-rules-of-preventive-detention-in-armed-conflict-E28093-a-rejoinder-to-al-bihani/ The post-Boumediene habeas litigation has raised concerns regarding whether the courts are AND ) expressly outlining executive detention authority in this or any other armed conflict.
This reversal sends a dangerous signal that the judiciary cannot enforce international treaty law
Paust 12 Jordan J. Paust Mike 26 Teresa Baker Law Center Professor, University of Houston. Spring, 2012, Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Cornell International Law Journal 45 Cornell Int’l L.J. 367 IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit Rarely AND values will be more effective if we refuse to cast those values aside.
Al-Bihani locks in a perception that the judiciary cannot enforce its international commitments and the U.S. can legally violate its international obligations
Adherence to the Charming Betsy canon is critical to development of a global transnational judicial dialogue that assures commitments to treaties
Waters 07 Melissa A Waters Assistant Professor of Law, Washington 26 Lee Law School. USING HUMAN RIGHTS TREATIES TO RESOLVE AMBIGUITY: THE ADVENT OF A RIGHTSCONSCIOUS CHARMING BETSY CANON http://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-38-2007/issue-2/using-human-rights-waters.pdf One of the most significant developments in international law over the past decade has been AND statutes in such a manner that they would not violate either international treaties.
U.S. not applying judicial standards of treaties in detention spills over to destroy treaties generally
Legal Information Institute 7 (The Legal Information Institute is a public service of Cornell Law School. "Boumediene v. Bush (06-1195); Al Odah v. United States (06-1196)" December 5, 2007, http://www.law.cornell.edu/supct/cert/06-1195) Amici for the detainees argue that international law entitles detainees to certain fundamental rights, AND the ICCPR and is therefore bound by these agreed-upon international obligations.
Courts will inevitably address climate change questions – applying Charming Betsy is key to developing effective solutions
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. 26 Mary Envtl. L. 26 Pol’y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 How U.S. Courts Should Use International Climate Change Norms In the AND understanding of the judicial role in tackling the emerging law of climate change.
Recognition of international treaty norms is key to U.S. leadership and effective global solutions to climate change
Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. 26 Mary Envtl. L. 26 Pol’y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 Advantages of Bringing International Norms into Domestic Climate Change Cases Although domestic U. AND , thereby, more significantly shape the future of the international climate regime.
====That’s key to effective reforestation efforts==== Reyer 9 - Faculty of Forest and Environment, University of Applied Sciences Eberswalde (Climate change mitigation via afforestation, reforestation and deforestation avoidance and what about adaptation to environmental change?, http://www.pik-potsdam.de/members/reyer/reyer-et-al-climate-change-mitigation-via.pdf) Climate change is affecting the world’s ecosystems and threatening the economic system, ¶ livelihoods AND ¶ policy regulations are necessary, especially for the post-Kyoto process.
====Independently solves warming==== Gleeson et al 9 Jenny Gleeson, Applied Research and Development Branch Gary Nielsen, Southern Region Planning Unit Bill Parker, Ontario Forest Research Institute, "Carbon offsets from afforestation and the potential for landowner participation in Ontario", Climate Change Research Note, 2009, http://www.mnr.gov.on.ca/stdprodconsume/groups/lr/@mnr/@climatechange/documents/document/276916.pdf
Climate change is perhaps the greatest environmental policy challenge of the 21st century. Recent warming of the climate system is now accepted to be "unequivocal" and "very likely" due to the observed increase in atmospheric concentrations of carbon dioxide (CO2 ) and other greenhouse gases (GHG) (IPCC 2007). In addition to the need for aggressive action to reduce fossil fuel consumption – the largest contributor to increases in GHGs in the atmosphere – a range of complementary activities can help to mitigate climate change by reducing emissions or sources of these gases, and/or increasing the sinks that remove these gases from the atmosphere. Afforestation, or the planting of trees on previously non-forested lands, is one means of reducing atmospheric CO2 levels and mitigating climate change. Trees function as relatively cost-effective biological carbon (C) sinks, removing CO2 from the atmosphere through the process of photosynthesis, and converting this atmospheric form of C into plant biomass. Carbon sequestration in biomass is one of many benefits of planting trees; others include maintaining ecosystem resilience by protecting ground and surface water quality and quantity, controlling erosion, and creating wildlife habitat, as well as economic and recreational benefits (Freedman and Keith 1998).
The Montreal Protocol faces a new enforcement crisis if it is to continue to be effective
Grabiel 26 Comerford 13 Danielle Fest Grabiel, IGSD Law Fellow, and Ms. Lia Comerford, IGSD Law Clerk¶ Enforcement Strategies for ¶ Combating the Illegal Trade¶ in HCfCs and Methyl Bromide¶ http://inece.org/wp-content/uploads/2013/06/Illegal_Trade_HCFCs_Methyl-Bromide.pdf Last year the world celebrated the Protocol’s 25th anniversary and its remarkable success. Parties AND ever that enforcement officers are trained ¶ and prepared to effectively address smuggling.
Only maintaining effective treaty cooperation can prevent extinction from ozone depletion
Gareau 13 Brian J. Gareau is an Assistant Professor of Sociology and International Studies at Boston College. Whatever Happened to Ozone Layer Politics? http://www.e-ir.info/2013/01/29/whatever-happened-to-ozone-layer-politics/ The Montreal Protocol on Substances that Depletes the Ozone Layer (1997) is arguably AND heightened environmental awareness, the Montreal Protocol entered its own moment of uncertainty.
The Montreal Protocol’s phaseout of HFC’s and HCFC’s is at risk and the U.S. is trying to lead efforts to strengthen it
US-EPA 12 U.S. Environmental Protection Agency¶ June 2012¶ 2¶ Benefits of Addressing HFCs under the Montreal Protocol¶ June 2012 http://www.epa.gov/ozone/downloads/Benefits20of20Addressing20HFCs20Under20the20Montreal20Protocol,20June202012.pdf The Montreal Protocol has been an unparalleled environmental success story. It is the only AND long-term. Table 10 displays the projected benefits from the Amendment.
Warming is anthropogenic – most comphrensive analysis to date proves
Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., ("Quantifying the consensus on anthropogenic global warming in the scientific literature," Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
Tipping points are likely – leads to runaway warming
Guterl 12 – Editor @ Scientific American (Fred, "Climate Armageddon: How the World’s Weather Could Quickly Run Amok: Climate scientists think a perfect storm of climate "flips" could cause massive upheavals in a matter of years, http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok) One of the most productive scientists in applying dynamical systems theory to climate is Tim AND the 50 billion to 100 billion tons of carbon now trapped in permafrost.
Causes extinction—4 degree projections trigger a laundry list of extinction scenarios
Roberts 13—citing the World Bank Review’s compilation of climate studies - 4 degree projected warming, can’t adapt - heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss David, "If you aren’t alarmed about climate, you aren’t paying attention" ~http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~ January 10 mtc We know we’ve raised global average temperatures around 0.8 degrees C so far AND , but a world that is inexorably more inhospitable with every passing decade.
The risk is existential
Mazo 10 – PhD in Paleoclimatology from UCLA Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, "Climate Conflict: How global warming threatens security and what to do about it," pg. 122 The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes.
Not inevitable – it’s immediately reversible and there is no time lag
Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center (Cléa, "Global Warming: Irreversible but Not Inevitable," http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php) Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and AND mitigation challenge, clarifying these points of hope is critical to motivate change."
Our focus on government action facilitates individual agency – apocalyptic warming representations motivate individual lifestyle changes
====Institutions key to solve warming—individual action fails and trades off==== CAG 10—Climate Change Communication Advisory Group. Dr Adam Corner School of Psychology, Cardiff University - Dr Tom Crompton Change Strategist, WWF-UK - Scott Davidson Programme Manager, Global Action Plan - Richard Hawkins Senior Researcher, Public Interest Research Centre - Professor Tim Kasser, Psychology department, Knox College, Galesburg, Illinois, USA. - Dr Renee Lertzman, Center for Sustainable Processes 26 Practices, Portland State University, US. - Peter Lipman, Policy Director, Sustrans. - Dr Irene Lorenzoni, Centre for Environmental Risk, University of East Anglia. - George Marshall, Founding Director, Climate Outreach , Information Network - Dr Ciaran Mundy, Director, Transition Bristol - Dr Saffron O’Neil, Department of Resource Management and Geography, University of Melbourne, Australia. - Professor Nick Pidgeon, Director, Understanding Risk Research Group, School of Psychology, Cardiff University. - Dr Anna Rabinovich, School of Psychology, University of Exeter - Rosemary Randall, Founder and director of Cambridge Carbon Footprint - Dr Lorraine Whitmarsh, School of Psychology, Cardiff University 26 Visiting Fellow at the, Tyndall Centre for Climate Change Research. (Communicating climate change to mass public audience, http://pirc.info/downloads/communicating_climate_mass_audiences.pdf) This short advisory paper collates a set of recommendations about how best to shape mass AND they would like structural barriers to behavioural/societal change to be removed.
3/22/14
1AC Swings
Tournament: UTD | Round: 2 | Opponent: K State JS | Judge: Loghry
1AC
Plan
The United States federal judiciary should affirm in opposition to Al-Bihani v. Obama that treaties ratified by the United States are a restriction on the war powers authority of the President of the United States in the area of indefinite detention.
Contention 1: solvency
In a 2-1 decision in Al-Bihani v Obama, the D.C. panel ignored the stance of the Executive, the Congress and the Supreme Court on how International Treaty Law should be applied Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law 43 Geo. J. Int'l L. 927 The court's holding in Al-Bihani is troubling in several respects. First, AND on the MCA but rather should be informed by the laws of war.
That has a legally binding force unless reversed Alstine 11 Michael P. Van Alstine , Prof of Law University of Maryland Duke Law Journal, U of Maryland Legal Studies Research Paper No. 2011-33 STARE DECISIS AND FOREIGN AFFAIRS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1881137 It is a curious fact the Framers structured the Constitution precisely to protect against divergent AND of the foreign relations power to the national government in the first place.”
The Al-Bihani decision reverses the Charming Betsy canon Walsh 10 Cara Maureen Walsh J.D. Candidate 2010, Vanderbilt University Law School. Al-Bihani, Not So Charming October, 2010 Vanderbilt Journal of Transnational Law 43 Vand. J. Transnat'l L. 1151 B. The Court’s Legal Reasoning First, the appeals court panel found that international AND permits the President to detain anyone who had merely “supported” enemy forces
This is a unique judicial signal that cannot be corrected by legislation Dehn 10 Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or the US Military Academy. The Relevance of International Law to (the Substantive and Procedural Rules of) Preventive Detention in Armed Conflict – A Rejoinder to Al-Bihanihttp://opiniojuris.org/2010/01/29/the-relevance-of-international-law-to-the-substantive-and-procedural-rules-of-preventive-detention-in-armed-conflict-E28093-a-rejoinder-to-al-bihani/ The post-Boumediene habeas litigation has raised concerns regarding whether the courts are AND ) expressly outlining executive detention authority in this or any other armed conflict. This reversal sends a dangerous signal that the judiciary cannot enforce international treaty law Paust 12 Jordan J. Paust Mike and Teresa Baker Law Center Professor, University of Houston. Spring, 2012, Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit Cornell International Law Journal 45 Cornell Int'l L.J. 367 IV. Shocking Errors and Deviant Dicta in the District of Columbia Circuit Rarely AND values will be more effective if we refuse to cast those values aside.
If not explicitly reversed the D.C. circuit ruling will have widespread effect unraveling treaty law in other contexts as well Hathaway 10 Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law and director of the Center for Global Legal Challenges at Yale Law School BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf 3. The panel’s broad and inaccurate pronouncements on the applicability of the laws of AND , the damage caused by the panel opinion is likely to be widespread.
Al-Bihani locks in a perception that the judiciary cannot enforce its international commitments and the U.S. can legally violate its international obligations Tarnogorski 10 Rafa? Tarnogórski is an analyst for the Polish Institute of International Affairs USA and Laws of War (Al-Bihani v. Obama) http://www.isn.ethz.ch/Digital-Library/Publications/Detail/?ots591=0c54e3b3-1e9c-be1e-2c24-a6a8c7060233andlng=enandid=112282 The significance of this appellate ruling extends beyond one specific case of a Yemeni petitioner AND .S. as a power given to opportunistic treatment of international standards. Adherence to the Charming Betsy canon is critical to development of a global transnational judicial dialogue that assures commitments to treaties Waters 07 Melissa A Waters Assistant Professor of Law, Washington and Lee Law School. USING HUMAN RIGHTS TREATIES TO RESOLVE AMBIGUITY: THE ADVENT OF A RIGHTSCONSCIOUS CHARMING BETSY CANON http://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-38-2007/issue-2/using-human-rights-waters.pdf One of the most significant developments in international law over the past decade has been AND statutes in such a manner that they would not violate either international treaties. Contention 2: Warming Courts will inevitably address climate change questions – applying Charming Betsy is key to developing effective solutions Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. and Mary Envtl. L. and Pol'y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 How U.S. Courts Should Use International Climate Change Norms In the AND understanding of the judicial role in tackling the emerging law of climate change.
Recognition of international treaty norms is key to U.S. leadership and effective global solutions to climate change Long 08 Andrew Long,Assistant Professor of Law, Florida Coastal School of Law., International Consensus and U.S. Climate Change Litigation, 33 Wm. and Mary Envtl. L. and Pol'y Rev. 177 (2008), http://scholarship.law.wm.edu/wmelpr/vol33/iss1/4 Advantages of Bringing International Norms into Domestic Climate Change Cases Although domestic U. AND , thereby, more significantly shape the future of the international climate regime.
Warming is anthropogenic – most comphrensive analysis to date proves Green 13 – Professor of Chemistry @ Michigan Tech, *John Cook – Fellow @ Global Change Institute, produced climate communication resources adopted by organisations such as NOAA and the U.S. Navy Dana Nuccitelli – MA in Physics @ UC-Davis *Mark Richardson – PhD Candidate in Meteorology, et al., (“Quantifying the consensus on anthropogenic global warming in the scientific literature,” Environmental Research Letters, 8.2) An accurate perception of the degree of scientific consensus is an essential element to public AND 1 based on abstract ratings) endorses the scientific consensus on AGW.
No alt causes – natural forcing mechanisms can’t explain modern termperature trends Rahmstorf 8 – Professor of Physics of the Oceans Richard, of Physics of the Oceans at Potsdam University, Global Warming: Looking Beyond Kyoto, Edited by Ernesto Zedillo, “Anthropogenic Climate Change?,” pg. 42-4 It is time to turn to statement B: human activities are altering the climate AND that anthropogenic global warming is a reality with which we need to deal. Tipping points are likely – leads to runaway warming Guterl 12 – Editor @ Scientific American (Fred, “Climate Armageddon: How the World's Weather Could Quickly Run Amok: Climate scientists think a perfect storm of climate "flips" could cause massive upheavals in a matter of years, http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok) One of the most productive scientists in applying dynamical systems theory to climate is Tim AND the 50 billion to 100 billion tons of carbon now trapped in permafrost. Causes extinction—4 degree projections trigger a laundry list of extinction scenarios Roberts 13—citing the World Bank Review’s compilation of climate studies - 4 degree projected warming, can’t adapt - heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss David, “If you aren’t alarmed about climate, you aren’t paying attention” http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/ January 10 mtc We know we’ve raised global average temperatures around 0.8 degrees C so far AND , but a world that is inexorably more inhospitable with every passing decade. The risk is existential Mazo 10 – PhD in Paleoclimatology from UCLA Jeffrey Mazo, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, “Climate Conflict: How global warming threatens security and what to do about it,” pg. 122 The best estimates for global warming to the end of the century range from 2 AND adaptation to these extremes would mean profound social, cultural and political changes. Traditional risk assessment should be ignored—potential disastrous effects of warming should be treated as 100 likely even if they win some defense Emanuel 12—atmospheric science professor @ MIT Kerry, “Probable Cause” http://www.foreignpolicy.com/articles/2012/11/09/probable_cause?page=full November 9 mtc At its best, climate science deals in probabilities. This means that under ideal AND risk or that we should do nothing is both scientifically and morally indefensible. Not inevitable – it’s immediately reversible and there is no time lag Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center (Cléa, “Global Warming: Irreversible but Not Inevitable,” http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php) Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and AND mitigation challenge, clarifying these points of hope is critical to motivate change.” No War Violent tendencies are decreasing to an all time low Pinker 2009 – Ph.D. Harvard college professor of psychology (Stephen, April 1st, “Why is there peace?”http:greatergood.berkeley.edu/article/item/why_is_there_peace/)
Over the past century, violent images from World War II concentration camps, Cambodia AND our standards have risen, rather than how low our behavior can sink.
Great power war models are obsolete Deudney and Ikenberry 09 *Professor of Political Science at Johns Hopkins AND Albert G. Milbank Professor of Politics and International Affairs at Princeton University Jan/Feb, 2009, Daniel Deudney and John Ikenberry, “The Myth of the Autocratic Revival: Why Liberal Democracy Will Prevail,” Foreign Affairs
This bleak outlook is based on an exaggeration of recent developments and ignores powerful countervailing AND international system is far more primed for peace than the autocratic revivalists acknowledge.
0 risk of nuclear weapon use Tepperman 9 Jonathan Tepperman, Deputy Editor of Newsweek, Member of the Council on Foreign Relations, now Managing Editor of Foreign Affairs, holds a B.A. in English Literature from Yale University, an M.A. in Jurisprudence from Oxford University, and an LL.M. in International Law from New York University, 2009 (“Why Obama Should Learn to Love the Bomb,” The Daily Beast, August 28th, Available Online at http://www.thedailybeast.com/newsweek/2009/08/28/why-obama-should-learn-to-love-the-bomb.print.html, Accessed 01-27-2012)
A growing and compelling body of research suggests that nuclear weapons may not, in AND oppressive, but nothing in their behavior suggests they have a death wish.
Nuclear weapons are not an existential threat Nyquist, 1999 J.R., “Is Nuclear War Survivable?” May 20, WorldNetDaily.com,http://www.antipas.org/protected_files/news/world/nuclear_war.html As I write about Russia’s nuclear war preparations, I get some interesting mail in AND mode, these weapons would produce few (if any) fallout casualties.
Concentration checks Tonn 2005, Bruce UT political science professor, “Human extinction scenarios”, August
The human species faces numerous threats to its existence. These include global climate change AND producing the technologies in space or destroying sites of runaway nanotechnologies with nuclear weapons
Any leader attempting to launch a nuclear attack would be assassinated. Walsh 85 (Edward, Lieutenant Colonel in the United States Air Force, “Nuclear War Opposing Viewpoints, p. 51)
No president or dictator, madman or otherwise would take it upon himself sic to launch an all out nuclear attack without due consultation with his sic staff. It is a natural human phenomenon that there would be certain members of this staff with an invincible sense of survival who would resort to assassination before allowing themselves and their nation to be subjected to a retaliatory holocaust.
Direct damage from nuclear blasts with current arsenals could reach at most a very small AND a substantial number of people would be possible under any of these conditions.
No War – Alternate Our focus on government action facilitates individual agency – apocalyptic warming representations motivate individual lifestyle changes Romm 12 – PhD in Physics @ MIT Joe, “Apocalypse Not: The Oscars, The Media And The Myth of ‘Constant Repetition of Doomsday Messages’ on Climate”, http://thinkprogress.org/romm/2012/02/26/432546/apocalypse-not-oscars-media-myth-of-repetition-of-doomsday-messages-on-climate/#more-432546 The two greatest myths about global warming communications are 1) constant repetition of doomsday AND by most of the rest of the media, intelligentsia and popular culture.
Apocalyptic representations of global warming are necessary to motivate change – serves as a key cite for coalition-building -must be accompanied by a solution – not as an inevitable fact Buell 10 – Professor @ Queens Frederick Buell, professor of English at Queens College and also a member of the World Studies, American Studies and Environmental Studies programmes, Future Ethics, pg. 30-32 To fully understand these changes, I argue, we need not to discard but AND that has become todays foremost environmental concern and thus site for reinventing apocalypse.
Global institutions are existing and inevitable – it’s about US compliance Ikenberry 11 John, “The Future of the Liberal World Order” http://www.foreignaffairs.com/articles/67730/g-john-ikenberry/the-future-of-the-liberal-world-order May/June mtc Some anxious observers argue that the world will not just look less American -- it AND security and prosperity that it has provided since the middle of the twentieth century
As members of a University community, we should academically prepare to limit governmental expansion of war power authority Zimmer 13 - campaigner on the Global Finance Campaign (Todd, “Divestistas: From Opposition to Resistance,” http://www.wearepowershift.org/blogs/divestistas-opposition-resistance) All this to say, students and their opposition should prepare for escalation. Time AND here to tell Bank of America’s CEO to expect resistance on your campus. Discussing the courts is key to effective judiciary Green, 2009 (Craig, Associate Professor of Law, Temple University; J.D., Yale Law School, “An intellectual history of judicial activism,” Emory Law Journal, Volume 58) Unlike many civil law countries, the United States lacks a professionalized "judges' school AND and such discourse is a vital mode of critique when judges are otherwise.
1/8/14
2AC - CP - DC Circuit Court
Tournament: UTD | Round: 5 | Opponent: Wyoming FT | Judge: Joel Reed
2ac Circuit Courts CP
Conditionality is a voting issue- skews 2AC time and divides answers which guts aff strategic decision making and encourages lazy negs that undermine advocacy skills
Perm: do the counterplan – the counterplan is not competitive – competition must be based on a mandate of the plan, not a likely outcome. It’s most the predictable and objective way to view words and allows for grammar research.
Permutation: do both—solves the net benefit
Doesn’t solve the aff—Supreme Court ruling is key to sending a signal—reversing their decision just causes chaos because that would be different decisions in 2009,2010, and 2013
Alstine evidence says that the original precendent will stand—only the Supreme Court can overcome that
Takes way longer
Huang 11 Bert I. Huang? Associate Professor of Law, Columbia Law School, LIGHTENED SCRUTINY http://www.harvardlawreview.org/media/pdf/vol124_20huang.pdf Several reasons have been identified lor the judges’ dislike of" en banc pro¬ceedings, including inefficiency, the potential use or the process tor ideo¬logical reasons, and the disruption of collegialicy. Inefficiency The principal complaint about en banc review advanced by judges and commentators is its inefficiency AND these additional judicial resources may be wasted, for any number of reasons.
The en banc process undermines intra district collegiality and polarizes the court
Vyskocil 11 Mary Kay Vyskocil is a senior Litigation Partner at Simpson Thacher 26 Bartlett, Federal Bar Council Report, http://www.federalbarcouncil.org/vg/custom/uploads/pdfs/En_Banc_Report.pdf The possibility that en banc opinions could have an adverse impact on collegiality ¶ amongst AND to the dynamics of the ¶ decisionmaking process in en banc cases."53
Turns the cp
Cross 09 Frank Cross (NDT winner 1976) is Professor of Law, ¶ University of Texas Law School; Professor of Government, University of Texas Northwestern University Law Review Vol. 103, No. 3 http://www.law.northwestern.edu/lawreview/v103/n3/1399/LR103n3Cross.pdf ¶ Circuit court judge and law professor Harry T. Edwards has provided ¶ the AND serious discussion to generate a fuller ¶ understanding of judicial decision making."22
En banc review undermines the credibility of the court and undermines the rule of law
Banks 97 Christopher P. Banks, Assistant Professor of Political Science, University of Akron. Ph.D¶ Copyright (c) 1997 Journal of Law 26 Politics, Inc.¶ Journal of Law 26 Politics¶ Spring, 1997¶ 13 J. L. 26 Politics 377¶ LENGTH: 12481 words¶ ARTICLE: The Politics of En Banc Review in the "Mini-Supreme Court" http://www.kent.edu/polisci/people/upload/the-politics-of-en-banc-review-in-the-mini-supreme-court.pdf Ironically, the strengths of en banc review also are the source of its primary AND had numerous opportunities¶ to use it as a method to decide cases.
En banc decisions crush the credibility of the court and will not be followed
Banks 97 Christopher P. Banks, Assistant Professor of Political Science, University of Akron. Ph.D¶ Copyright (c) 1997 Journal of Law 26 Politics, Inc.¶ Journal of Law 26 Politics¶ Spring, 1997¶ 13 J. L. 26 Politics 377¶ LENGTH: 12481 words¶ ARTICLE: The Politics of En Banc Review in the "Mini-Supreme Court As the per curiam, en banc ruling in Bartlett implies, politically motivated en AND law and, of course, less finality of decision in the future.
Doesn’t solve international signal
Waring 12 CHRISTINE WARING J.D., Georgetown University Law Center, expected 2012; B.A., Elliott School of International Affairs at The George Washington University, 2007. Spring, 2012 Georgetown Journal of International Law¶ 43 Geo. J. Int’l L. 927 ¶ ¶ RECOMMENDATIONS ¶ ¶ The Supreme Court should review the holding in Al- AND the lives of the Guantanamo detainees are at stake. (215) ¶
Agent CP’s steal aff ground and make offense impossible – destroys clash, switch side debate, and topic education – magnified by not having a solvency advocate - independent voting issue. Disads solve likely outcome ground.
1/8/14
2AC - CP - Distinguish
Tournament: UNT | Round: 3 | Opponent: Baylor BE | Judge: Eric Robinson
CP
Process counterplans are bad—
A. Steals the 1AC making it impossible to leverage any offense.
B. Infinitely regressive— there are hundreds of things they could change and find some sort of net benefit. Destroys topic specific education and kills the unique benefit of debate. We can’t defend against every marginal distinction and a reason why we may have forgotten one does NOT warrant voting neg.
C. Not a stable literature base to generate answers from—evidence is not in the context of type of judicial decisions so debate is pigeonholed into the merits of political implementation, not detention policy—wipes out educational debate.
D. The process change is impossible to predict and doesn’t compete with the plan.
E. It’s nonsensical—the board has an obligation to produce reports on scientific matters, not to recommend whether proposed policies are good or not.
Conditionality is a voting issue- skews 2AC time and divides answers which guts aff strategic decision making and encourages lazy negs that undermine advocacy skills
The court will lose legitimacy if it doesn’t uphold the rules of war
Paust 12 The Supremacy of International Law: A Reply to David Moore, JURIST - Forum, July 10, 2012, http://jurist.org/forum/2012/07/jordan-paust-moore-reply.php As one can identify from my previous essay, what revisionist debaters are up against AND and the rich history of the use of international law by the judiciary.
Turn—The plan restores Vertical stare decisis — is essential for predictability and legitimacy
Alstine 12 MICHAEL P.VAN ALSTINE, Professor of Law, University of Maryland School of Law¶ Duke Law Journal ¶ VOLUME 61 FEBRUARY 2012 NUMBER 5 ¶ STARE DECISIS AND FOREIGN AFFAIRS ¶ Courts and scholars alike have almost entirely overlooked this ¶ essential jurisdictional premise of AND the edges of a precedent over a substantial period of ¶ time.102
4. Counterplans must be functionally and textually competitive. Predictable for the aff and solves the counterplan race to the bottom: delay, condition, steal funding, etc. while also limiting out word PICs.
No solvency advocate – CP must have a solvency advocate, based in the aff literature, otherwise makes it impossible to predict and be prepared for as an affirmative, impossible to have answers to 1000s of possible CP that are made up or cards on issues on based in the affirmative literature. Reason to reject.
Conditionality is a voting issue- skews 2AC time and divides answers which guts aff strategic decision making and encourages lazy negs that undermine advocacy skills
Doesn’t solve the aff—affirmation on the Al Bahini decision is key because it is causing international question about Charming Betsy—that’s Targonoski—even if the US violates treaties now, those have not been ruled as irrelevant in a federal court—Alstine evidence says that judiciary has to follow the precedent set by Al-Bihani
Permutation: do both—solves the net benefit
If it is true that the counterplan solves the entirety of the case, then the counterplan would be modeled and the plan would happen which means that the cp links entirely to the net benefit.
====Only an explicit overrule solves ==== Duvall 08 Michael Duvall is an associate at Bryan Cave LLP and was a law clerk to the Honorable Pasco M. Bowman, II, United States Court of Appeals for the Eighth Circuit, in Kansas City, Missouri. Resolving Intra-Circuit Splits in the Federal Courts of Appeal, http://www.fclr.org/fclr/articles/html/2008/fedctslrev1.pdf ¶ In most federal courts of appeal, resolution of an intra-circuit split AND the prior-panel-precedent rule and the doctrine of stare decisis.
Doesn’t solve signaling
Kwakwa 03 Edward Kwakwa is Deputy Legal Counsel and Head of the Legal and Constitutional Affairs Section at the World Intellectual Property Organiza¬tion (WIPO). He holds law degrees from the University of Ghana, Queens University and Yale University¶ United States Hegemony and the Foundations of International Law¶ edited by Michael Byers, Georg Nolte Richard Haass, the US State Department’s Director of Policy Planning, refers to the AND formulation or ascertaining of international law and its impact on the international community.¶
Permutation: do the counterplan—it’s an example of how the plan could be implemented
PICS steal aff ground and make offense impossible – destroys clash, switch side debate, and topic education – magnified by not having a solvency advocate - independent voting issue. Disads solve likely outcome ground.
Applying Charming Betsy in detention is key to enforcement against medical experimentation
Brenner 11 Arin Brenner is Professor of International Law at George Washington Univ Law School THE WAR ON MEDICAL TERROR: Holding Medical Professionals At Guantanamo Civilly Liable For Violating The International Law Norm Prohibiting Nonconsensual Human Experimentation works.bepress.com/arin_brenner/doctype.html? ¶ A court would be required to determine if the actions of military doctors should AND , the human experimentation at Guantanamo must be determined to be wrongful. ¶
Key to solve disease
Brenner 11 Arin Brenner is Professor of International Law at George Washington Univ Law School THE WAR ON MEDICAL TERROR: Holding Medical Professionals At Guantanamo Civilly Liable For Violating The International Law Norm Prohibiting Nonconsensual Human Experimentation works.bepress.com/arin_brenner/doctype.html? Finally, banning the practice of human research without consent is of mutual concern to AND . The requirement of consent in medical practices is clearly of universal concern.
extinction
South China Morning Post 96 South China Morning Post, 1-4-1996 (Dr. Ben Abraham= "called "one of the 100 greatest minds in history" by super-IQ society Mensa" and owner of "Toronto-based biotechnology company, Structured Biologicals Inc" according to same article) Despite the importance of the discovery of the "facilitating" cell, it AND large scale and imperil the survival of the human race," he said.
1/20/14
2AC - CP - Process CPs
Tournament: UNT | Round: 1 | Opponent: GSU FN | Judge: Matt Munday
Process counterplans are bad—
A. Steals the 1AC making it impossible to leverage any offense.
B. Infinitely regressive— there are hundreds of things they could change and find some sort of net benefit. Destroys topic specific education and kills the unique benefit of debate. We can’t defend against every marginal distinction and a reason why we may have forgotten one does NOT warrant voting neg.
C. Not a stable literature base to generate answers from—evidence is not in the context of type of judicial decisions so debate is pigeonholed into the merits of political implementation, not detention policy—wipes out educational debate.
D. The process change is impossible to predict and doesn’t compete with the plan.
E. It’s nonsensical—the board has an obligation to produce reports on scientific matters, not to recommend whether proposed policies are good or not.
Conditionality is a voting issue- skews 2AC time and divides answers which guts aff strategic decision making and encourages lazy negs that undermine advocacy skills
Charming Betsy in detention is key to enforcement against medical experimentation
Brenner 11 Arin Brenner is Professor of International Law at George Washington Univ Law School THE WAR ON MEDICAL TERROR: Holding Medical Professionals At Guantanamo Civilly Liable For Violating The International Law Norm Prohibiting Nonconsensual Human Experimentation works.bepress.com/arin_brenner/doctype.html? ¶ A court would be required to determine if the actions of military doctors should AND , the human experimentation at Guantanamo must be determined to be wrongful. ¶
Key to solve disease
Brenner 11 Arin Brenner is Professor of International Law at George Washington Univ Law School THE WAR ON MEDICAL TERROR: Holding Medical Professionals At Guantanamo Civilly Liable For Violating The International Law Norm Prohibiting Nonconsensual Human Experimentation works.bepress.com/arin_brenner/doctype.html? Finally, banning the practice of human research without consent is of mutual concern to AND . The requirement of consent in medical practices is clearly of universal concern.
extinction
South China Morning Post 96 South China Morning Post, 1-4-1996 (Dr. Ben Abraham= "called "one of the 100 greatest minds in history" by super-IQ society Mensa" and owner of "Toronto-based biotechnology company, Structured Biologicals Inc" according to same article) Despite the importance of the discovery of the "facilitating" cell, it AND large scale and imperil the survival of the human race," he said.
Perm: do the counterplan
1. It’s not severance- certainty and immediacy aren’t mandates of the plan- they’re just assumptions of normal means
a) If they say yes, the counterplan is resolved too b) Should means desirable or recommended, not mandatory Words and Phrases 2 Words and Phrases: Permanent Edition" Vol. 39 Set to Signed. Pub. By Thomson West. P. 372-373 Or. 1952. Where safety regulation for sawmill industry providing that a two by AND 2d 839, 193 Or. 556. —-Labor 26 Emp. 2857
2. Severance is justified when counterplans compete off of certainty
3. The aff should get to define the scope of the plan’s mandate
a. Most real world- no policymaker controls implementation
b. Checks abusive interpretations of fiat that hurt neg ground- we don’t fiat solvency
4. Counterplans must be functionally and textually competitive. Predictable for the aff and solves the counterplan race to the bottom: delay, condition, steal funding, etc. while also limiting out word PICs.
No solvency advocate – CP must have a solvency advocate, based in the aff literature, otherwise makes it impossible to predict and be prepared for as an affirmative, impossible to have answers to 1000s of possible CP that are made up or cards on issues on based in the affirmative literature. Reason to reject.
1/20/14
2AC - DA - Deference
Tournament: UNT | Round: 3 | Opponent: Baylor BE | Judge: Eric Robinson
2ac Deference
Court war power restrictions now
Buchanan 13 - Government professor @ UT Austin (Bruce, Presidential Power and Accountability: Toward a Presidential Accountability System, Routledge, pgs. 44-6) Historically, particularly in the national security arena, the Supreme Court has encouraged presidents AND that, while potentially correctible, constitute a latent threat to Court legitimacy.
====Obama is complying and wants the aff==== Hutchinson 12 Chester H.L. Hutchinson, J.D., Saint Louis University School of Law, May 2011; B.A., Covenant College, May 2003, "AL-BIHANI v. OBAMA 26 CONGRESSIONAL TESTIMONY ON TARGETED KILLINGS: EVALUATING CUSTOM AS A SOURCE OF LAW IN THE WAR ON TERROR", 2012 Saint Louis University Public Law Review 31 St. Louis U. Pub. L. Rev. 579 Obama administration lawyers also have not sought to use the Al-Bihani I ruling AND of legal authority when a statute is ambiguous or delegates broad powers. n187
Court ruling against Obama commander-in-chief powers now
The internal link ev is outdated and not reverse casual
Charming Betsy has been applied for 200 years
Hathaway 10 OONA HATHAWAY¶ YALE LAW SCHOOL¶ BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND¶ SCHOLARS AS AMICI CURIAE IN SUPPORT OF¶ REHEARING OR REHEARING EN BANC¶ http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf ¶ 2. The panel opinion’s categorical repudiation of the laws of war ignores¶ AND has continued in recent years. See supra pp. 2-3.¶
The aff is a link turn—the executive and congress are asking the judiciary to do the aff—the status quo destroys deference—that’s Waring
Charming Betsy solves the link
Alford 12 Roger P. Alford, Notre Dame Law, "Bolstering American Sovereignty with Treaties", Liberty of Law, May 6, 2012, http://www.libertylawsite.org/liberty-forum/bolstering-american-sovereignty-with-treaties/ Fourth, there is the unanticipated risk of indirect application of international law. Federal AND clearly expressed intent of Congress, regardless of what international law may require.
I-law bad doesn’t apply—the plan leads to the court abiding by treaty law—not customary international law
Charming Betsy is a narrow application of i-law, not broad incorporation
Martin 05 edited by Francisco Forrest Martin is the former Ariel F. Sallows Professor of Human Rights at the University of Saskatchewan College of Law International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis google books Professor Turley advances a... criticism of the separation of powers conception. He argues AND political branches, especially the Executive, regarding the content of international law.
====Just enforces treaties ==== Coyle 10 John F. Coyle, Climenko Fellow and Lecturer on Law, Harvard Law School, "Incorporative Statutes and the Borrowed Treaty Rule", Spring, 2010 VIRGINIA JOURNAL OF INTERNATIONAL LAW, lexis Courts have also invoked the Charming Betsy canon in support of the proposition that where AND repealing the apparently conflicting enactment. This is the canon against implied repeal.
No risk of Great Power Wars
-China will not act aggressively – doesn’t have a large military force, alliances would have time to react, puts economics above all else because of risk of population backlash -Biggest security threats of Rogue States and Terrorists unite Great Powers -Economic Interdependence for the Great Powers means they won’t risk direct military conflict – even over strategic regions like the Middle East -No Nation is challenging the balance of power in Asia or Europe -Economic is more important – won’t invest in military or interventions – true among all of the BRIC countries and regional actors – even India and Pakistan. Gelb December ’10—President of the Council on Foreign Relations Leslie Gelb, President Emeritus of the Council on Foreign Relations, He was a senior official in the U.S. Defense Department from 1967 to 1969 and in the State Department from 1977 to 1979. "GDP Now Matters More Than Force: A U.S. Foreign Policy for the Age of Economic Power". Foreign Affairs. Nov/Dec 2010. Vol. 89, Iss. 6; pg. 35. ProQuest. The modern world has experienced two periods of globalization, both of which brought about AND might; they fear its ability to give or withhold trade and investments.
1/20/14
2AC - DA - SOP
Tournament: UTD | Round: 5 | Opponent: Wyoming FT | Judge: Joel Reed
No link and turn: Court enforcement of international law key to the separation of powers:
Jordan J. Paust, 1999 (Law Foundation Professor, University of Houston Law Center, Michigan Journal of International Law, Winter 1999, 20 Mich. J. Int’l L. 301, Lexis, Accessed 7/22/2013, rwg) ~*335~ Importantly, the independent power and responsibility of the federal judiciary to AND of separation of powers to tolerate violations of the law is unacceptable. n177
Court war power restrictions now
Buchanan 13 - Government professor @ UT Austin (Bruce, Presidential Power and Accountability: Toward a Presidential Accountability System, Routledge, pgs. 44-6) Historically, particularly in the national security arena, the Supreme Court has encouraged presidents AND that, while potentially correctible, constitute a latent threat to Court legitimacy.
====Obama is complying and wants the aff==== Hutchinson 12 Chester H.L. Hutchinson, J.D., Saint Louis University School of Law, May 2011; B.A., Covenant College, May 2003, "AL-BIHANI v. OBAMA 26 CONGRESSIONAL TESTIMONY ON TARGETED KILLINGS: EVALUATING CUSTOM AS A SOURCE OF LAW IN THE WAR ON TERROR", 2012 Saint Louis University Public Law Review 31 St. Louis U. Pub. L. Rev. 579 Obama administration lawyers also have not sought to use the Al-Bihani I ruling AND of legal authority when a statute is ambiguous or delegates broad powers. n187
Court ruling against Obama commander-in-chief powers now
The internal link ev is outdated and not reverse casual
Charming Betsy has been applied for 200 years
Hathaway 10 OONA HATHAWAY¶ YALE LAW SCHOOL¶ BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND¶ SCHOLARS AS AMICI CURIAE IN SUPPORT OF¶ REHEARING OR REHEARING EN BANC¶ http://prawfsblawg.blogs.com/files/al-bihani-amicus.pdf ¶ 2. The panel opinion’s categorical repudiation of the laws of war ignores¶ AND has continued in recent years. See supra pp. 2-3.¶
The aff is a link turn—the executive and congress are asking the judiciary to do the aff—the status quo destroys deference—that’s Waring
Charming Betsy solves the link
Alford 12 Roger P. Alford, Notre Dame Law, "Bolstering American Sovereignty with Treaties", Liberty of Law, May 6, 2012, http://www.libertylawsite.org/liberty-forum/bolstering-american-sovereignty-with-treaties/ Fourth, there is the unanticipated risk of indirect application of international law. Federal AND clearly expressed intent of Congress, regardless of what international law may require.
Robert Jervis points out that "when critics talk of the impact of irrationality, AND of course, been substantially relaxed with the end of the cold war.
====The court has already affirmed the international law applies in 2006==== Sidhu 11 – JD @ GWU, MA @ JHU (Dawinder, "Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict," AU National Security Law Brief, 1.1) Further, the Court ruled, the commissions themselves are not consistent with American legal AND President Bush to try Hamdan violated both the UCMJ and Geneva Conventions.207
No extinction
O’Neill 4 O’Neill 8/19/2004 ~Brendan, "Weapons of Minimum Destruction" http://www.spiked-online.com/Articles/0000000CA694.htm~~ David C Rapoport, professor of political science at University of California, Los Angeles AND attacker as to the attacked’. The Tigers have not used WMD since.
1/8/14
2AC - DA - WarfightingTerror
Tournament: UTD | Round: 5 | Opponent: Wyoming FT | Judge: Joel Reed
No link—their arg doesn’t make sense in the context of our aff
Court war power restrictions now
Buchanan 13 - Government professor @ UT Austin (Bruce, Presidential Power and Accountability: Toward a Presidential Accountability System, Routledge, pgs. 44-6) Historically, particularly in the national security arena, the Supreme Court has encouraged presidents AND that, while potentially correctible, constitute a latent threat to Court legitimacy.
====Obama is complying==== Hutchinson 12 Chester H.L. Hutchinson, J.D., Saint Louis University School of Law, May 2011; B.A., Covenant College, May 2003, "AL-BIHANI v. OBAMA 26 CONGRESSIONAL TESTIMONY ON TARGETED KILLINGS: EVALUATING CUSTOM AS A SOURCE OF LAW IN THE WAR ON TERROR", 2012 Saint Louis University Public Law Review 31 St. Louis U. Pub. L. Rev. 579 Obama administration lawyers also have not sought to use the Al-Bihani I ruling AND of legal authority when a statute is ambiguous or delegates broad powers. n187
Unique link turn—the Al-Bihani decision emboldens congress to add constraints on Obama—the plan resolves it
====Syria thumps==== Nasr 9/1 – dean of Johns Hopkins University’s Paul H. Nitze School of Advanced International Studies Vali, "Forcing Obama’s Hand in Syria" ~http://www.nytimes.com/2013/09/02/opinion/global/forcing-obamas-hand-in-syria.html?_r=0~~ September 1, 2013 mtc Mr. Obama has understandably viewed any involvement in Syria as a slippery slope to AND is what the world needs and what Mr. Obama should focus on.
Unrestricted prez power ineffective
Griffin 13 Stephen M. Griffin is Rutledge C. Clement, Jr. Professor in Constitutional Law at Tulane Law School Long Wars and the Constitution pp 256-7 ¶ ¶ Defenders of the presidency often stress its unitary character. With a single AND a good reason for paying attention to the role of interbranch deliberation.¶ ¶
Even if they win that the aff spills over to broader detention authority, it would not wreck flex
Andrew McCarthy 9, Director of the Center for Law 26 Counterterrorism at the Foundation for the Defense of Democracies. From 1985 through 2003, he was a federal prosecutor at the U.S. Attorney’s Office for the Southern District of New York, and was the lead prosecutor in the seditious conspiracy trial against Sheikh Omar Abdel Rahman and eleven others, described subsequently. AND Alykhan Velshi, a staff attorney at the Center for Law 26 Counterterrorism, where he focuses on the international law of armed conflict and the use of force, 8/20/09, "Outsourcing American Law," AEI Working Paper, http://www.aei.org/files/2009/08/20/20090820-Chapter6.pdf What is an asset in the criminal justice system, however, would be a AND be at liberty to create new entitlements by analogizing to ordinary criminal proceedings.
Their ev is about generic prez powers—prefer specificity of the 1ac to access warming because the aff creates a good mechanism of multilateral warming negotiations
Harwood 9 ~Matthew, assistant editor at Security Management, "9-11 Creates "Misleading View of Terrorism," Expert Says," 5/28, Security Management is the award-winning publication of ASIS International, the preeminent international organization for security professional, http://www.securitymanagement.com/news/9-11-creates-misleading-view-terrorism-expert-says-005702~~ The events of 9-11 are the quintessential example of the high-cost AND , we will have a very misleading view of terrorism," he said.
No threat of large scale terror attacks – Al-Qaeda is dead
Zenko and Cohen ’12 Micah Zenko is a Fellow in the Center for Preventive Action at the Council on Foreign Relations. Michael A. Cohen is a Fellow at the Century Foundation. "Clear and Present Safety: The United States Is More Secure Than Washington Thinks". Foreign Affairs. New York: Mar/Apr 2012. Vol. 91, Iss. 2; pg. 79. ProQuest. Take terrorism. Since 9/11, no security threat has been hyped more AND the intelligence and law enforcement agencies of the United States and its allies.
This is totally insane—Obama knows better and even GOP fringes think this is dumb
CAIR BULLETIN 2007 (Council on American-Islamic Relations, "Muslims welcome GOP rejection of threat to attack Mecca" http://www.amperspective.com/html/muslims_welcome.html) The Council on American-Islamic Relations (CAIR) today welcomed remarks by several AND those of any other religion." Casey called Tancredo’s proposal "absolutely crazy."
Even successful attacks don’t trigger public lashout
Herron 04 Hank C. Jenkins-Smith, PhD. Professor at the George H.W. Bush School of Government and Public Service at Texas A26M University and Kerry G. Herron, Ph.D. Research Scientist at George H.W. Bush School of Government and Public Service, Texas A26M University, Fall 2004, http://www.spp.gatech.edu/current-students/exams/Fall-2004_reviewmanuscript.pdf Our final contrasting set of expectations relate to the degree to which the public will AND -ness to engage in military retaliation moderated significantly over the following year.
No impact to retaliation—strikes would be limited and no one would escalate
SCHUYLER 2007 (Dave, "Restating the U.S. Policy of Nuclear Deterrence," Last Mod Nov 13, http://theglitteringeye.com/?p=459) A recent post on nuclear deterrence on American Future drew several comments on another blog AND be upset. But they’re in no position to do anything about it.
Chemical weapons are not a threat
Smithson 2002 - Senior Associate at the Stimson Center (Amy E., "Frequently Asked Questions: Likelihood of Terrorists Acquiring and Using Chemical or Biological Weapons", http://www.stimson.org/cbw/?SN=CB2001121259, WEA) The options for delivering poison gas range from high to low tech. Theoretically, AND quite difficult to achieve because chemical agents are highly susceptible to weather conditions.
1/8/14
2AC - K - Warming Reps
Tournament: UNT | Round: 3 | Opponent: Baylor BE | Judge: Eric Robinson
K
Fw short
The role of the ballot is to determine whether or not the actualization of the affirmative is a good idea versus a actualization of a competitive method as applied in the broader institutional system.
Any role of the ballot that doesn’t compete with the affirmatives advocacy is arbitrary and self serving.
a) Moots the aff — the neg will self-serve and choose an impact that the 1ac didn’t read
b) Predictability — skirts any discussion of war power or topic education
Our focus on government action facilitates individual agency – apocalyptic warming representations motivate individual lifestyle changes
Apocalyptic representations of global warming are necessary to motivate change – serves as a key cite for coalition-building -must be accompanied by a solution – not as an inevitable fact Buell 10 – Professor @ Queens Frederick Buell, professor of English at Queens College and also a member of the World Studies, American Studies and Environmental Studies programmes, Future Ethics, pg. 30-32 To fully understand these changes, I argue, we need not to discard but AND that has become todays foremost environmental concern and thus site for reinventing apocalypse.
Heg doesn’t solve war and declines don’t cause conflict
Fettweis 10 Christopher J. Fettweis (Professor of national security affairs @ U.S. Naval War College) 2010 "Threat and Anxiety in US Foreign Policy," Survival, Volume 52, Issue 2 April 2010 , pages 59 – 82 One potential explanation for the growth of global peace can be dismissed fairly quickly: AND to reach the conclusion that world peace and US military expenditure are unrelated.
Even if the US declines, liberal international norms will survive - solves the impact
Ikenberry 11 – (May/June issue of Foreign Affairs, G. John, PhD, Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs, "The Future of the Liberal World Order," http://www.foreignaffairs.com/ articles/67730/g-john-ikenberry/the-future-of-the-liberal-world-order?page=show) For all these reasons, many observers have concluded that world politics is experiencing not AND security and prosperity that it has provided since the middle of the twentieth century
Court/Congress DA
===Already Done===
====The court has already affirmed the international law applies in 2006==== Sidhu 11 – JD @ GWU, MA @ JHU (Dawinder, "Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict," AU National Security Law Brief, 1.1) Further, the Court ruled, the commissions themselves are not consistent with American legal AND President Bush to try Hamdan violated both the UCMJ and Geneva Conventions.207
No Courts DAs
Court war power restrictions now thump
Buchanan 13 - Government professor @ UT Austin (Bruce, Presidential Power and Accountability: Toward a Presidential Accountability System, Routledge, pgs. 44-6) Historically, particularly in the national security arena, the Supreme Court has encouraged presidents AND that, while potentially correctible, constitute a latent threat to Court legitimacy.
1/20/14
2AC - T - Authority
Tournament: UTD | Round: 2 | Opponent: K State JS | Judge: Loghry
We meet
====a) AUMF==== Charlick et al 10 SHEREEN J. CHARLICK . ¯¶ STEVEN F. HUBACHEK¶ ELLIS M. JOHNSTON, III¶ Federal Defenders of San Diego¶ GHALEB NASSAR AL BIHANI,¶ Petitioner,¶ BARACK H. OBAMA, et al.,¶ Respondent.¶ PETITION FOR A WRIT OF CERTIORARI TO THE UNITED¶ .... STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA¶ https://webspace.utexas.edu/rmc2289/2010-12-0320-20Al20Bihani20G.20Cert20Petition.pdf Petitioner’s case squarely presents the issue whether the law of war informs and restricts the AND in the AUMF, they logically can inform the boundaries of such powers."))
b) MCA
Hathaway 12 Oona Hathaway, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts, and Sirine Shebaya,Oona Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School. The remaining authors are J.D. candidates at Yale Law School, April 2012, THE POWER TO DETAIN: DETENTION OFTERRORISM SUSPECTS AFTER 9/11, Yale Journal of International Law 2012 p. 19-20 The D.C. Circuit panel’s opinion in al-Bihani v. Obama AND is also inconsistent with basic principles of detention authority pursuant to prosecution authority.
Authority is the power to act
Hill 13 (Gerald and Kathleen, Law.com) authority n. permission, a right coupled with the power to do an act AND "general authority," which is the broad power to act for another.
Pref our interp
Key to aff flex—very few explicitly defined authorities outside of the constitution which can’t be restricted—core of the topic is presidential assertions of power which they limit out
Generics check ground and limits are inevitable because of literature base
Reasonability is best—CI leads to a race to the bottom
We meet—the plan is a substantial increase in restrictions
Hathaway 12 Oona Hathaway, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts, and Sirine Shebaya,Oona Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School. The remaining authors are J.D. candidates at Yale Law School, April 2012, THE POWER TO DETAIN: DETENTION OFTERRORISM SUSPECTS AFTER 9/11, Yale Journal of International Law 2012 p. 19-20 The D.C. Circuit panel’s opinion in al-Bihani v. Obama AND thereby allowing the government to detain individuals without any intention of prosecuting them.
C/I – Substantial means a large amount
Dictionary.com 12 sub•stan•tial? ?~suhb-stan-shuhl~ Show IPA adjective 1. of ample or considerable amount, quantity, size, etc.: a substantial sum of money.
Substantial is qualitative not quantitive
H. Beau Baez 6, Assistant Professor of Law, Liberty University School of Law, Seattle University Law Review Spring, 2006 29 Seattle Univ. L. R. 581 The Supreme Court has interpreted the Commerce Clause to prohibit state actions that discriminate against AND alarms of struggle and flight, Where ignorant armies clash by night. n117
Substantial is necessarily arbitrary and diffiuclt to define—you should lean aff especially on these questions which are impossible to resolve quantitatively—their interpretation destroys aff flex—limits out anything
Reasonability is uniquely applicable to determining whether an aff is substantial
Linda Stadler 93 "NOTE: Corrosion Proof Fittings v. EPA: Asbestos in the Fifth Circuit—A Battle of Unreasonableness " Tulane Environmental Law Journal Summer, 1993 6 Tul. Envtl. L.J. 423 n3 Matthew J. McGrath, Note, Convergence of the Substantial Evidence and Arbitrary AND . NLRB, 305 U.S. 197, 229 (1938).
We meet—the plan is a restriction on Obama’s war powers authority
Hathaway et al 13 Oona Hathaway, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts and AND Yale Journal of International Law¶ 38 Yale J. Int’l L. 123 Under U.S. law, the President must trace his authority to detain AND - provides independent restrictions on the scope and nature of military detention authority.
Restrictions are limitations
Plummer 29 J., Court Justice, MAX ZLOZOWER, Respondent, v. SAM LINDENBAUM et al., Appellants Civ. No. 3724COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT100 Cal. App. 766; 281 P. 102; 1929 Cal. App. LEXIS 404September 26, 1929, Decided, lexis The word "restriction," when used in connection with the grant of interest in AND a particular event, or the performance or nonperformance of a particular act.
The aff meets that
Hathaway et al 13 Oona Hathaway, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts and AND Yale Journal of International Law¶ 38 Yale J. Int’l L. 123 ¶ International Law Limitations on Law-of-War Detention¶ ¶ International law AND and make the United States a less credible partner for future agreements. n181
"area" doesn’t require throughout – means any part within
RHD 13 (Random House Dictionary) in ~in~ Show IPA preposition, adverb, adjective, noun, verb, inned, in•ning. preposition 1. (used to indicate inclusion within space, a place, or limits): walking in the park.
Authority is the power to act
Hill 13 (Gerald and Kathleen, Law.com) authority n. permission, a right coupled with the power to do an act AND "general authority," which is the broad power to act for another.
Prefer our interp
Aff flex—judicial oversight is key—they’re only affs that provide answers to executive self-restraint or ban detention affs. Prohibition affs would also lose to exception PICs.
Ground is inevitable and generics check limits explosion—neg flex is infinite and not determined by the aff
No link to bidirectionality—the aff doesn’t embolden authority—anything that does would not restrict
Their interp mixes burdens because
Their interp is arbitrary—reasonability is best
Kinopf 6 – Associate Professor, Georgia State University College of Law Neil, 10-1-06, "The Statutory Commander in Chief" Indiana Law Journal Vol 81 Issue 4 It will be the rare circumstance indeed where Congress has actually been silent. To AND respond effectively to the unforeseeable¶ exigencies of a particular hostage crisis.35
1/20/14
2AC - T - RestrictProhibit
Tournament: UNT | Round: 3 | Opponent: Baylor BE | Judge: Eric Robinson
2AC T-Restriction
Prohibtion===
We meet—the plan prohibits the president from exercising detention authority outside of treaty law
Restrictions are limitations
Plummer 29 J., Court Justice, MAX ZLOZOWER, Respondent, v. SAM LINDENBAUM et al., Appellants Civ. No. 3724COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT100 Cal. App. 766; 281 P. 102; 1929 Cal. App. LEXIS 404September 26, 1929, Decided, lexis The word "restriction," when used in connection with the grant of interest in AND a particular event, or the performance or nonperformance of a particular act.
The aff meets that
Hathaway et al 13 Oona Hathaway, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts and AND Yale Journal of International Law¶ 38 Yale J. Int’l L. 123 ¶ International Law Limitations on Law-of-War Detention¶ ¶ International law AND and make the United States a less credible partner for future agreements. n181
"area" doesn’t require throughout – means any part within
RHD 13 (Random House Dictionary) in ~in~ Show IPA preposition, adverb, adjective, noun, verb, inned, in•ning. preposition 1. (used to indicate inclusion within space, a place, or limits): walking in the park.
Increase requires a net increase
Words and Phrases 8 (20B W26P – 265-265) Cal.App.2 Dist. 1991. Term "increase," as used AND . West’s Ann.Cal.Pub.Res.Code § 25123.
Prefer our interp
Aff flex—judicial oversight is key—they’re only affs that provide answers to executive self-restraint or ban detention affs. Prohibition affs would also lose to exception PICs.
Ground is inevitable and generics check limits explosion
No link to bidirectionality—the aff doesn’t embolden authority—anything that does would not restrict
Their interp is arbitrary—reasonability is best
Kinopf 6 – Associate Professor, Georgia State University College of Law Neil, 10-1-06, "The Statutory Commander in Chief" Indiana Law Journal Vol 81 Issue 4 It will be the rare circumstance indeed where Congress has actually been silent. To AND respond effectively to the unforeseeable¶ exigencies of a particular hostage crisis.35
1/20/14
2AC - Theory - Courts Spec
Tournament: UNT | Round: 1 | Opponent: GSU FN | Judge: Matt Munday
We meet—the plan enables external bodies to apply statutory restrictions on the president
Statuory includes treaties
RHD 13 (Random House Dictionary, http://dictionary.reference.com/browse/statute) stat•ute ~stach-oot, -oot~ Show IPA noun 1. Law. a. an enactment made by a legislature and expressed in a formal document. b. the document in which such an enactment is expressed. 2. International Law. an instrument annexed or subsidiary to an international agreement, as a treaty.
Judicial means the judicial branch
Your Dictionary 13 ("Examples of Judicial Powers," http://examples.yourdictionary.com/examples/examples-of-judicial-powers.html) The term judicial powers refers to the power of the Judicial Branch of the United States government to hear cases and interpret, enforce or nullify laws and statutes in order to render verdicts.
Prefer our interpretation—
Only the federal judiciary can set judicial limits on the president—that’s key to aff and neg ground
Doesn’t unlimit the topic—only viable actor is the courts for the judicial portions of the topic—their interp destroy aff flex
It’s arbitrary—their interpretation is that we always have to specify one more thing
Our interp is that the aff should have to affirm the resolution—debates about what the plan text means are productive and educational
Cross-x checks and ground is inevitable
The altnerative is stupid counterplans that only make minor distinctions based on the circuit court
Reasonability—good is good enough
1/20/14
2AC - Theory - GSPEC
Tournament: UNT | Round: 3 | Opponent: Baylor BE | Judge: Eric Robinson
2ac GSPEC
We meet—plan text specifies that charming betsy is the basis for decision
Plan should have to affirm the resolution—least arbitrary and most effective—encourages debates about definitions
