C'mon. You've entered info for 44 rounds, and only entered cites for 6? That's only 13.6%. Open Source is NOT a replacement for good disclosure practices.
Tournament
Round
Report
Marie Hochmuth RR
4
Opponent: Michigan HK | Judge: JV Reed
1AC trial by jury to solve indefinite detention 1NC baudrillard facts bad k agamben racism k detainee pic D-SPEC Case block strategy 2NC - case agamben baudrillard 1NR agamben 2NR Case Baudrillard Agamben
Marie Hochmuth RR
5
Opponent: Kansas BC | Judge: Avery Henry
1AC - Terror trials 1NC - deference da TRC cp congress cp block - 2NC TRC cp DA 1NR Congress cp 2NR TRC cp 2AR reps shape reality - reject team for racistsecuritizing DA
NDT
2
Opponent: Baylor BB | Judge: John Warden, Martin Osborn, Eric Forslund
1AC - ID 1NC - G-SPEC Court Cap DA (EPA) Dicta Courts CP Queer Theory (Edelman) 2NR - Queer Theory
To modify or delete round reports, edit the associated round.
Cites
Entry
Date
Disclosure
Tournament: GSU | Round: 1 | Opponent: na | Judge: na
Minnesota 1AC
Plan: The United States federal judiciary should rule that all habeas corpus hearings of persons detained under the War Powers Authority of the President of the United States be subject to due process guarantees and that such individuals who have won their habeas corpus hearing be released.
1AC: Blowback
Contention 1 is Blowback:
US legitimacy has been severely damaged by detention—plan is key to reverse negative perceptions
David Welsh 11, J.D. from the University of Utah, and#34;Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacyand#34;, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf The Global War on Terror 1 has U.S. detention procedures, 6 this article offers a psychological perspective of legitimacy in the context of detention.
Legitimacy is crucial to sustainable and effective US hegemony—judicial review is key
Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, and#34;American Hegemony and the Foreign Affairs Constitutionand#34;, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~ American unipolarity has with in adjudicating domestic disputes.
U.S. leadership is key to global stability and preventing great power wars
Thomas P.M. Barnett, chief analyst, Wikistrat, and#34;The New Rules: Leadership Fatigue Puts U.S. and Globalization, at Crossroads,and#34; WORLD POLITICS REVIEW, 3—7—11, www.worldpoliticsreview.com/articles/8099/the-new-rules-leadership-fatigue-puts-u-s-and-globalization-at-crossroads Events in Libya are a further reminder for Pacific Century now unfolding.
Martin Scheinin, Professor, International Law, and#34;Should Human Rights Take a Back Seat in Wartime?and#34; REAL CLEAR WORLD, interviewed by Casey L. Coombs, 1—11—12, www.realclearworld.com/articles/2012/01/11/national_defense_authorization_act_scheinin_interview-full.html, accessed 8-21-13. CLC: As a world leader and active promoter of universal own political purposes.
Detention is a major terrorist recruitment tool
Postel 13 (Therese, policy associate in international affairs at The Century Foundation, 5-12-13, and#34;How Guantanamo Bay’s Existence Helps Al-Qaeda Recruit More Terroristsand#34; The Atlantic) www.theatlantic.com/international/archive/2013/04/how-guantanamo-bays-existence-helps-al-qaeda-recruit-more-terrorists/274956/ While these human rights issues are national security will be.
Al Qaeda is still a major threat—predictions of decline are premature and false
Sinai 13 (Joshua, JINSA Fellow, Washington, DC-based consultant on national security studies, focusing primarily on terrorism, counterterrorism, and homeland security, 3-11-13, and#34;Al Qaeda Threat to U.S. Not Diminished, Data Indicatesand#34; The Jewish Institute for National Security Affairs) http://www.jinsa.org/fellowship-program/joshua-sinai/al-qaeda-threat-us-not-diminished-data-indicates~~23.UbaiWvmsiSo Conventional wisdom holds that the catastrophic nature still ahead.
Terrorists will obtain nuclear weapons—multiple potential sources
Neely 13 (Meggaen, research intern for the Project on Nuclear Issues, 3-21-13, and#34;Doubting Deterrence of Nuclear Terrorismand#34; Center for Strategic and International Studies) csis.org/blog/doubting-deterrence-nuclear-terrorism The risk that terrorists material with conventional explosives.
Nuke terror causes extinction—equals a full-scale nuclear war
Owen B. Toon 7, chair of the Department of Atmospheric and Oceanic Sciences at CU-Boulder, et al., April 19, 2007, and#34;Atmospheric effects and societal consequences of regional scale nuclear conflicts and acts of individual nuclear terrorism,and#34; online: http://climate.envsci.rutgers.edu/pdf/acp-7-1973-2007.pdf To an increasing extent, people scenarios and physical outcomes.
Russia’s rule of law deficit undermines cooperation and internal stability—plan is key to restoring our credibility to deal with this issue
Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, and#34;U.S.-Russian Relations and the Democracy and Rule of Law Deficit,and#34; CENTURY FOUNDATION REPORT, 2009, p. 3-4. Since the collapse of the Soviet Union in 1991, our values and undercutting (yet again) U.S. soft power.
Continued human rights violations risk a Russian revolution
Harlan Ullman, senior advisor, Atlantic Council, and#34;The Third Russian Revolution,and#34; UPI, 6—12—13, www.upi.com/Top_News/Analysis/Outside-View/2013/06/12/Outside-View-The-third-Russian-Revolution/UPI-84461371009900/, accessed 8-7-13. Make no mistake: On the current where Russian support could be important.
That causes miscalc and nuclear war
Pry 99 (Peter Vincent, Former US Intelligence Operative, War Scare: U.S.-Russia on the Nuclear Brink, netlibrary) Russian internal troubles—such as a Russian affairs, with the West ignorant that it was in grave peril.
Leaves earth uninhabitable Starr 10—Director of Clinical Laboratory Science Program @ University of Missouri ~Steven Starr (Senior scientist @ Physicians for Social Responsibility.), and#34;The climatic consequences of nuclear war,and#34; Bulletin of the Atomic Scientists, 12 March 2010, Pg. http://www.thebulletin.org/web-edition/op-eds/the-climatic-consequences-of-nuclear-war~~ This isn’t a question to be d kill one billion people.
1AC: Judiciary
Plan is key to domestic and international rule of law—modeling
Michael P. Scharf et al., Counsel of Record, Brief of the Public International Law 26 Policy Group as Amicus Curiae in Support of the Petitioners, Jamal Kiyemba, et. Al., v. Barack H. Obama, et al., SCOTUS, No. 08-1234, 12—09, p. 3-8. The precedent during times of conflict.
Remedy mandate is key to overall judicial power
Alex Young K. Oh et al., Counsel of Record, Brief for the Association of the Bar of the City of New York, the Brennan Center for Justice at the New York University School of Law, the Constitution Project, People for the American Way Foundation, the Rutherford Institute, and the National Association of Criminal Defense Lawyers as Amici Curiae in Support of the Petitioners, amal Kiyemba, et. Al., v. Barack H. Obama, et al., SCOTUS, No. 08-1234, 12—11—09, p. 11-12. The and#34;judicial Powerand#34; advisory, but effective.
Rule of law solves war—multiple triggers
Feldman ’8 ~Noah Feldman, a contributing writer for the magazine, is a law professor at Harvard University and an adjunct senior fellow at the Council on Foreign Relations, and#34;When Judges Make Foreign Policyand#34;, NEW YORK TIMES, 9—25—08, www.nytimes.com/2008/09/28/magazine/28law-t.html~ Looking at today’s problem and juntas have often done the world over.
Judicial review key to credibility of international law
Oona A. Hathaway, Counsel of Record, Brief of International Law Experts as Amici Curiae in Support of the Petitions, Jamal Kiyemba, et. Al., v. Barack H. Obama, et al., SCOTUS, No. 08-1234, 12—09, p. 35-38. THE UNITED STATES SHOULD world to follow.
Extinction
Jurgen Scheffran, Professor, Institute for Geography, Hamburg University, and#34;Climate Change, Nuclear Risks and Nuclear Disarmament: From Security Threats to Sustainable Peace,and#34; World Future Council, 3—12, www.worldfuturecouncil.org/fileadmin/user_upload/Rob/P_D_website2012/Climate_ChangeNuclear_Risks_and_Nuclear_Disarmament_-_March_2012.pdf To establish a foundation peace (Scheffran 1998).
Judicial review key to stop torture
Mukul Sharma, and#34;Bagram, the Other Guantanamo,and#34; THE HINDU, 1—6—10, http://beta.thehindu.com/opinion/op-ed/article76282.ece, accessed 8-15-13. As at Guantanamo, interrogation and threatening to take such action.
Torture is a side constraint
Amnesty International, Response to the Proposed and#34;Interrogations Procedures Act,and#34; 2—16—05, http://web.amnesty.org/library/Index/ENGAMR510392005 What should matter even values it claims to be protecting.
Boumediene upheld the deference doctrine—by failing to specify a remedy, the courts have cemented executive power
Scheppele 12 (Kim, Professor of Sociology and Public Affairs in the Woodrow Wilson School, Director of the Program in Law and Public Affairs, Princeton University, January 2012, and#34;The New Judicial Deferenceand#34; Boston University Law Review, Lexis)
The majority in Boumediene petitioners longer.
Problems in civil-military relations are likely to reach crisis proportions in 2014—now is key to reverse the trend
Munson 12 (Peter, Marine officer, author, and Middle East specialist, 11-12-12, and#34;A Caution on Civil-Military Relationsand#34; Small Wars Journal) smallwarsjournal.com/jrnl/art/a-caution-on-civil-military-relations This brief post represents only a few quickly in the years to come.
Judicial deference is responsible for the split—a less deferential role for the courts is necessary to restore balance in civil-military relations
Mazur 10 (Diane, Professor of Law, University of Florida Levin College of Law, and#34;A More Perfect Military: How the Constitution Can Make Our Military Strongerand#34; Oxford University Press, Print) One of the ways the doctrine of better about making military decisions.
Civilian control key to military effectiveness—solves array of existential threats
Dr. Mackubin Thomas Owens, Professor, National Security Affairs, and#34;What Military Officers Need to Know About Civil-Military Relations,and#34; NAVAL WAR COLLEGE REVIEW v. 65 n. 2, Spring 2012, p. 81-82. The combination of civil-military relations are likely to persist for a very long time.and#34; (56)
Judicial deference justifies military medical and bioweapons research
Parasidis 12 (Efthimios, Assistant Professor of Law, Center for Health Law Studies, Saint Louis University School of Law, 2012, and#34;Justice and Beneficence in Military Medicine and Researchand#34; Ohio State Law School, Lexis) The military has long discipline or aggressiveness.and#34; n531
That risks bioweapons use—theft, arms racing, tradeoff
Court involvement key to setting precedent that checks abuses
Pearlstein ’03 ~Deborah N., Deputy Director of the U.S. Law and Security Program at the Lawyers Committee for Human Rights, and a Visiting Fellow at the Stanford University Center for Democracy, Development and the Rule of Law, and#34;The Role of the Courts in Protecting Civil Liberties and Human Rights for the Post-9/11 United Statesand#34;, 2nd Pugwash Workshop on Terrorism: External and Domestic Consequences of the War on Terrorism, http://www.pugwash.org/reports/nw/terrorism2003-pearlstein.htm~~ In each of the historical War II as a result of the military exclusion order.
Consistent implementation of Boumediene is key to checking executive abuses
Ashley E. Siegel, and#34;Some Holds Barred: Extending Executive Detention Habeas Law Beyond Guantanamo Bay,and#34; BOSTON UNIVERSITY LAW REVIEW v. 92, 2012, LN. The September 11, 2001, terrorist attacks and the l rights.
1AC: Plan
Plan:
Will vary by round. We will post after each debate
1AC: Solvency
Contention 3 is Solvency:
Boumediene failed provide detainees legal recourse—Court clarification is key
Reprieve 12 (Anti-detention advocacy group based in London, 7-10-12, and#34;Why can’t cleared prisoners leave Guantánamo Bay? Reprieve) www.reprieve.org.uk/publiceducation/2012_07_10_Guantanamo_public_education/ Guantánamo detainees can justice at Guantanamo Bay.
Granting detainees immediate court access for prosecution solves
Kenneth Roth, Executive Director, Human Rights Watch, and#34;Why the Current Approach to Fighting Terrorism is Making Us Less Safe,and#34; CREIGHTON LAW REVIEW v. 41, 6—08, p. 592. Let me conclude just by saying justice system and simply detain them as a combatant.
Prosecution in federal courts solves best—multiple reasons, experts agree
Oona Hathaway, Professor, International Law, Yale Law School, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts and Sirine Shebaya, and#34;The Power to Detain: Detention of Terrorism Suspects after 9/11,and#34; YALE JOURNAL OF INTERNATIONAL LAW v. 38, Winter 2013, p. 161-167. The United States is still actively the course of prosecution. n262
9/27/13
Disclosure
Tournament: GSU | Round: 1 | Opponent: na | Judge: na
Minnesota 1AC
Plan: The United States federal judiciary should rule that all habeas corpus hearings of persons detained under the War Powers Authority of the President of the United States be subject to due process guarantees and that such individuals who have won their habeas corpus hearing be released.
1AC: Blowback
Contention 1 is Blowback:
US legitimacy has been severely damaged by detention—plan is key to reverse negative perceptions
David Welsh 11, J.D. from the University of Utah, and#34;Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacyand#34;, http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf The Global War on Terror 1 has U.S. detention procedures, 6 this article offers a psychological perspective of legitimacy in the context of detention.
Legitimacy is crucial to sustainable and effective US hegemony—judicial review is key
Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, and#34;American Hegemony and the Foreign Affairs Constitutionand#34;, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~ American unipolarity has with in adjudicating domestic disputes.
U.S. leadership is key to global stability and preventing great power wars
Thomas P.M. Barnett, chief analyst, Wikistrat, and#34;The New Rules: Leadership Fatigue Puts U.S. and Globalization, at Crossroads,and#34; WORLD POLITICS REVIEW, 3—7—11, www.worldpoliticsreview.com/articles/8099/the-new-rules-leadership-fatigue-puts-u-s-and-globalization-at-crossroads Events in Libya are a further reminder for Pacific Century now unfolding.
Martin Scheinin, Professor, International Law, and#34;Should Human Rights Take a Back Seat in Wartime?and#34; REAL CLEAR WORLD, interviewed by Casey L. Coombs, 1—11—12, www.realclearworld.com/articles/2012/01/11/national_defense_authorization_act_scheinin_interview-full.html, accessed 8-21-13. CLC: As a world leader and active promoter of universal own political purposes.
Detention is a major terrorist recruitment tool
Postel 13 (Therese, policy associate in international affairs at The Century Foundation, 5-12-13, and#34;How Guantanamo Bay’s Existence Helps Al-Qaeda Recruit More Terroristsand#34; The Atlantic) www.theatlantic.com/international/archive/2013/04/how-guantanamo-bays-existence-helps-al-qaeda-recruit-more-terrorists/274956/ While these human rights issues are national security will be.
Al Qaeda is still a major threat—predictions of decline are premature and false
Sinai 13 (Joshua, JINSA Fellow, Washington, DC-based consultant on national security studies, focusing primarily on terrorism, counterterrorism, and homeland security, 3-11-13, and#34;Al Qaeda Threat to U.S. Not Diminished, Data Indicatesand#34; The Jewish Institute for National Security Affairs) http://www.jinsa.org/fellowship-program/joshua-sinai/al-qaeda-threat-us-not-diminished-data-indicates~~23.UbaiWvmsiSo Conventional wisdom holds that the catastrophic nature still ahead.
Terrorists will obtain nuclear weapons—multiple potential sources
Neely 13 (Meggaen, research intern for the Project on Nuclear Issues, 3-21-13, and#34;Doubting Deterrence of Nuclear Terrorismand#34; Center for Strategic and International Studies) csis.org/blog/doubting-deterrence-nuclear-terrorism The risk that terrorists material with conventional explosives.
Nuke terror causes extinction—equals a full-scale nuclear war
Owen B. Toon 7, chair of the Department of Atmospheric and Oceanic Sciences at CU-Boulder, et al., April 19, 2007, and#34;Atmospheric effects and societal consequences of regional scale nuclear conflicts and acts of individual nuclear terrorism,and#34; online: http://climate.envsci.rutgers.edu/pdf/acp-7-1973-2007.pdf To an increasing extent, people scenarios and physical outcomes.
Russia’s rule of law deficit undermines cooperation and internal stability—plan is key to restoring our credibility to deal with this issue
Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, and#34;U.S.-Russian Relations and the Democracy and Rule of Law Deficit,and#34; CENTURY FOUNDATION REPORT, 2009, p. 3-4. Since the collapse of the Soviet Union in 1991, our values and undercutting (yet again) U.S. soft power.
Continued human rights violations risk a Russian revolution
Harlan Ullman, senior advisor, Atlantic Council, and#34;The Third Russian Revolution,and#34; UPI, 6—12—13, www.upi.com/Top_News/Analysis/Outside-View/2013/06/12/Outside-View-The-third-Russian-Revolution/UPI-84461371009900/, accessed 8-7-13. Make no mistake: On the current where Russian support could be important.
That causes miscalc and nuclear war
Pry 99 (Peter Vincent, Former US Intelligence Operative, War Scare: U.S.-Russia on the Nuclear Brink, netlibrary) Russian internal troubles—such as a Russian affairs, with the West ignorant that it was in grave peril.
Leaves earth uninhabitable Starr 10—Director of Clinical Laboratory Science Program @ University of Missouri ~Steven Starr (Senior scientist @ Physicians for Social Responsibility.), and#34;The climatic consequences of nuclear war,and#34; Bulletin of the Atomic Scientists, 12 March 2010, Pg. http://www.thebulletin.org/web-edition/op-eds/the-climatic-consequences-of-nuclear-war~~ This isn’t a question to be d kill one billion people.
1AC: Judiciary
Plan is key to domestic and international rule of law—modeling
Michael P. Scharf et al., Counsel of Record, Brief of the Public International Law 26 Policy Group as Amicus Curiae in Support of the Petitioners, Jamal Kiyemba, et. Al., v. Barack H. Obama, et al., SCOTUS, No. 08-1234, 12—09, p. 3-8. The precedent during times of conflict.
Remedy mandate is key to overall judicial power
Alex Young K. Oh et al., Counsel of Record, Brief for the Association of the Bar of the City of New York, the Brennan Center for Justice at the New York University School of Law, the Constitution Project, People for the American Way Foundation, the Rutherford Institute, and the National Association of Criminal Defense Lawyers as Amici Curiae in Support of the Petitioners, amal Kiyemba, et. Al., v. Barack H. Obama, et al., SCOTUS, No. 08-1234, 12—11—09, p. 11-12. The and#34;judicial Powerand#34; advisory, but effective.
Rule of law solves war—multiple triggers
Feldman ’8 ~Noah Feldman, a contributing writer for the magazine, is a law professor at Harvard University and an adjunct senior fellow at the Council on Foreign Relations, and#34;When Judges Make Foreign Policyand#34;, NEW YORK TIMES, 9—25—08, www.nytimes.com/2008/09/28/magazine/28law-t.html~ Looking at today’s problem and juntas have often done the world over.
Judicial review key to credibility of international law
Oona A. Hathaway, Counsel of Record, Brief of International Law Experts as Amici Curiae in Support of the Petitions, Jamal Kiyemba, et. Al., v. Barack H. Obama, et al., SCOTUS, No. 08-1234, 12—09, p. 35-38. THE UNITED STATES SHOULD world to follow.
Extinction
Jurgen Scheffran, Professor, Institute for Geography, Hamburg University, and#34;Climate Change, Nuclear Risks and Nuclear Disarmament: From Security Threats to Sustainable Peace,and#34; World Future Council, 3—12, www.worldfuturecouncil.org/fileadmin/user_upload/Rob/P_D_website2012/Climate_ChangeNuclear_Risks_and_Nuclear_Disarmament_-_March_2012.pdf To establish a foundation peace (Scheffran 1998).
Judicial review key to stop torture
Mukul Sharma, and#34;Bagram, the Other Guantanamo,and#34; THE HINDU, 1—6—10, http://beta.thehindu.com/opinion/op-ed/article76282.ece, accessed 8-15-13. As at Guantanamo, interrogation and threatening to take such action.
Torture is a side constraint
Amnesty International, Response to the Proposed and#34;Interrogations Procedures Act,and#34; 2—16—05, http://web.amnesty.org/library/Index/ENGAMR510392005 What should matter even values it claims to be protecting.
Boumediene upheld the deference doctrine—by failing to specify a remedy, the courts have cemented executive power
Scheppele 12 (Kim, Professor of Sociology and Public Affairs in the Woodrow Wilson School, Director of the Program in Law and Public Affairs, Princeton University, January 2012, and#34;The New Judicial Deferenceand#34; Boston University Law Review, Lexis)
The majority in Boumediene petitioners longer.
Problems in civil-military relations are likely to reach crisis proportions in 2014—now is key to reverse the trend
Munson 12 (Peter, Marine officer, author, and Middle East specialist, 11-12-12, and#34;A Caution on Civil-Military Relationsand#34; Small Wars Journal) smallwarsjournal.com/jrnl/art/a-caution-on-civil-military-relations This brief post represents only a few quickly in the years to come.
Judicial deference is responsible for the split—a less deferential role for the courts is necessary to restore balance in civil-military relations
Mazur 10 (Diane, Professor of Law, University of Florida Levin College of Law, and#34;A More Perfect Military: How the Constitution Can Make Our Military Strongerand#34; Oxford University Press, Print) One of the ways the doctrine of better about making military decisions.
Civilian control key to military effectiveness—solves array of existential threats
Dr. Mackubin Thomas Owens, Professor, National Security Affairs, and#34;What Military Officers Need to Know About Civil-Military Relations,and#34; NAVAL WAR COLLEGE REVIEW v. 65 n. 2, Spring 2012, p. 81-82. The combination of civil-military relations are likely to persist for a very long time.and#34; (56)
Judicial deference justifies military medical and bioweapons research
Parasidis 12 (Efthimios, Assistant Professor of Law, Center for Health Law Studies, Saint Louis University School of Law, 2012, and#34;Justice and Beneficence in Military Medicine and Researchand#34; Ohio State Law School, Lexis) The military has long discipline or aggressiveness.and#34; n531
That risks bioweapons use—theft, arms racing, tradeoff
Court involvement key to setting precedent that checks abuses
Pearlstein ’03 ~Deborah N., Deputy Director of the U.S. Law and Security Program at the Lawyers Committee for Human Rights, and a Visiting Fellow at the Stanford University Center for Democracy, Development and the Rule of Law, and#34;The Role of the Courts in Protecting Civil Liberties and Human Rights for the Post-9/11 United Statesand#34;, 2nd Pugwash Workshop on Terrorism: External and Domestic Consequences of the War on Terrorism, http://www.pugwash.org/reports/nw/terrorism2003-pearlstein.htm~~ In each of the historical War II as a result of the military exclusion order.
Consistent implementation of Boumediene is key to checking executive abuses
Ashley E. Siegel, and#34;Some Holds Barred: Extending Executive Detention Habeas Law Beyond Guantanamo Bay,and#34; BOSTON UNIVERSITY LAW REVIEW v. 92, 2012, LN. The September 11, 2001, terrorist attacks and the l rights.
1AC: Plan
Plan:
Will vary by round. We will post after each debate
1AC: Solvency
Contention 3 is Solvency:
Boumediene failed provide detainees legal recourse—Court clarification is key
Reprieve 12 (Anti-detention advocacy group based in London, 7-10-12, and#34;Why can’t cleared prisoners leave Guantánamo Bay? Reprieve) www.reprieve.org.uk/publiceducation/2012_07_10_Guantanamo_public_education/ Guantánamo detainees can justice at Guantanamo Bay.
Granting detainees immediate court access for prosecution solves
Kenneth Roth, Executive Director, Human Rights Watch, and#34;Why the Current Approach to Fighting Terrorism is Making Us Less Safe,and#34; CREIGHTON LAW REVIEW v. 41, 6—08, p. 592. Let me conclude just by saying justice system and simply detain them as a combatant.
Prosecution in federal courts solves best—multiple reasons, experts agree
Oona Hathaway, Professor, International Law, Yale Law School, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts and Sirine Shebaya, and#34;The Power to Detain: Detention of Terrorism Suspects after 9/11,and#34; YALE JOURNAL OF INTERNATIONAL LAW v. 38, Winter 2013, p. 161-167. The United States is still actively the course of prosecution. n262
9/27/13
NDT - 1AC -
Tournament: NDT | Round: 2 | Opponent: Baylor BB | Judge: John Warden, Martin Osborn, Eric Forslund Contention 1 is Blowback:
US legitimacy has been severely damaged by detention—ending use of military commissions is key to reverse negative perceptions Carson 10 (Carlissa, Judge Advocate, US Army Reserves; former US Army Military Intelligence Officer. J.D., Emory University School of Law, Spring 2010, "Yes We Can Revise the Current Military Commission System, but Why?" Connecticut Journal of International Law, Lexis) Conclusion President Obama …. from Guantanamo Bay.
Legitimacy is crucial to sustainable and effective US hegemony—collapse causes great power war Knowles 9 Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, “American Hegemony and the Foreign Affairs Constitution”, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87 American unipolarity has … adjudicating domestic disputes.
Plan is key to EU relations—current detention disagreements spill over and wreck the entire relationship Smith 7 (JULIANNE, DIRECTOR AND SENIOR FELLOW, EUROPE PROGRAM, CENTER FOR STRATEGIC AND INTERNATIONAL STUDIES, April 17, “EXTRAORDINARY RENDITION IN U.S. COUNTERTERRORISM POLICY: THE IMPACT ON TRANSATLANTIC RELATIONS”, http://archives.republicans.foreignaffairs.house.gov/110/34712.pdf) As a European analyst, … over strategy and tactics.
EU relations are at a key turning point—cementing strategic partnership is key to prevent numerous existential threats Dr. Yannis A. Stivachtis 10, Director, International Studies Program, Virginia Polytechnic Institute and State University, “THE IMPERATIVE FOR TRANSATLANTIC COOPERATION,” online: http://www.rieas.gr/research-areas/global-issues/transatlantic-studies/78.html There is no doubt … necessary political commitment.
Indefinite detention increases terrorism—multiple mechanisms Martin Scheinin, Professor, International Law, “Should Human Rights Take a Back Seat in Wartime?” REAL CLEAR WORLD, interviewed by Casey L. Coombs, 1—11—12, www.realclearworld.com/articles/2012/01/11/national_defense_authorization_act_scheinin_interview-full.html, accessed 8-21-13. CLC: As a world leader … own political purposes.
Prosecution in federal courts solves and facilitates counter-terrorism—experts agree Oona Hathaway, Professor, International Law, Yale Law School, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts and Sirine Shebaya, “The Power to Detain: Detention of Terrorism Suspects after 9/11,” YALE JOURNAL OF INTERNATIONAL LAW v. 38, Winter 2013, p. 161-167. The United States is … the course of prosecution. n262
Al Qaeda is still a major threat—predictions of decline are premature and false Sinai 13 (Joshua, JINSA Fellow, Washington, DC-based consultant on national security studies, focusing primarily on terrorism, counterterrorism, and homeland security, 3-11-13, “Al Qaeda Threat to U.S. Not Diminished, Data Indicates” The Jewish Institute for National Security Affairs) http://www.jinsa.org/fellowship-program/joshua-sinai/al-qaeda-threat-us-not-diminished-data-indicates#.UbaiWvmsiSo Conventional wisdom holds … a catastrophic nature still ahead.
Risk of nuclear terrorism is real and high now Bunn, et al, 10/2/13 Bunn, Matthew, Valentin Kuznetsov, Martin B. Malin, Yuri Morozov, Simon Saradzhyan, William H. Tobey, Viktor I. Yesin, and Pavel S. Zolotarev. "Steps to Prevent Nuclear Terrorism." Paper, Belfer Center for Science and International Affairs, Harvard Kennedy School, October 2, 2013, Matthew Bunn. Professor of the Practice of Public Policy at Harvard Kennedy School andCo-Principal Investigator of Project on Managing the Atom at Harvard University’s Belfer Center for Science and International Affairs. • Vice Admiral Valentin Kuznetsov (retired Russian Navy). Senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, Senior Military Representative of the Russian Ministry of Defense to NATO from 2002 to 2008. • Martin Malin. Executive Director of the Project on Managing the Atom at the Belfer Center for Science and International Affairs. • Colonel Yuri Morozov (retired Russian Armed Forces). Professor of the Russian Academy of Military Sciences and senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, chief of department at the Center for Military-Strategic Studies at the General Staff of the Russian Armed Forces from 1995 to 2000. • Simon Saradzhyan. Fellow at Harvard University’s Belfer Center for Science and International Affairs, Moscow-based defense and security expert and writer from 1993 to 2008. • William Tobey. Senior fellow at Harvard University’s Belfer Center for Science and International Affairs and director of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, deputy administrator for Defense Nuclear Nonproliferation at the U.S. National Nuclear Security Administration from 2006 to 2009. • Colonel General Viktor Yesin (retired Russian Armed Forces). Leading research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences and advisor to commander of the Strategic Missile Forces of Russia, chief of staff of the Strategic Missile Forces from 1994 to 1996. • Major General Pavel Zolotarev (retired Russian Armed Forces). Deputy director of the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, head of the Information and Analysis Center of the Russian Ministry of Defense from1993 to 1997, section head - deputy chief of staff of the Defense Council of Russia from 1997 to 1998.http://belfercenter.ksg.harvard.edu/publication/23430/steps_to_prevent_nuclear_terrorism.html I. Introduction In 2011, Harvard’s Belfer … is as strong as ever.
Nuke terror causes extinction—equals a full-scale nuclear war Owen B. Toon 7, chair of the Department of Atmospheric and Oceanic Sciences at CU-Boulder, et al., April 19, 2007, “Atmospheric effects and societal consequences of regional scale nuclear conflicts and acts of individual nuclear terrorism,” online: http://climate.envsci.rutgers.edu/pdf/acp-7-1973-2007.pdf To an increasing extent, … scenarios and physical outcomes.
Russia’s rule of law deficit undermines cooperation and internal stability—plan is key to restoring our credibility to deal with this issue Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, “U.S.-Russian Relations and the Democracy and Rule of Law Deficit,” CENTURY FOUNDATION REPORT, 2009, p. 3-4. Since the collapse of … within the international system.
Continued human rights violations risk a Russian revolution Harlan Ullman, senior advisor, Atlantic Council, “The Third Russian Revolution,” UPI, 6—12—13, www.upi.com/Top_News/Analysis/Outside-View/2013/06/12/Outside-View-The-third-Russian-Revolution/UPI-84461371009900/, accessed 8-7-13. Make no mistake: On … support could be important.
That causes miscalc and nuclear war Pry 99 (Peter Vincent, Former US Intelligence Operative, War Scare: U.S.-Russia on the Nuclear Brink, netlibrary) Russian internal troubles—… it was in grave peril.
Contention Two is Judiciary:
Boumediene upheld the deference doctrine—by failing to specify a remedy, the courts have cemented executive power Scheppele 12 (Kim, Professor of Sociology and Public Affairs in the Woodrow Wilson School, Director of the Program in Law and Public Affairs, Princeton University, January 2012, "The New Judicial Deference" Boston University Law Review, Lexis) The majority in …petitioners longer.
deference kills CMR--the aff revives it Mazur 10 (Diane, Professor of Law, University of Florida Levin College of Law, "A More Perfect Military: How the Constitution Can Make Our Military Stronger" Oxford University Press, Print) One of the ways … making military decisions.
Civilian control key to military effectiveness—solves array of existential threats Dr. Mackubin Thomas Owens, Professor, National Security Affairs, “What Military Officers Need to Know About Civil-Military Relations,” NAVAL WAR COLLEGE REVIEW v. 65 n. 2, Spring 2012, p. 81-82. The combination of … for a very long time." (56)
Judicial deference justifies military medical and bioweapons research Parasidis 12 (Efthimios, Assistant Professor of Law, Center for Health Law Studies, Saint Louis University School of Law, 2012, "Justice and Beneficence in Military Medicine and Research" Ohio State Law School, Lexis) The military has long …discipline or aggressiveness." n531
That risks bioweapons use—theft, arms racing, tradeoff H. Patricia Hynes, retired Professor, Environmental Health, Boston University, “Biological Weapons: Bargaining with the Devil,” TRUTHOUT, 8—18—11, http://www.truth-out.org/news/item/2693:biological-weapons-bargaining-with-the-devil The bullish climate of … extremely lethal material.
Bioweapons cause extinction Anders Sandberg et al., James Martin Research Fellow, Future of Humanity Institute, Oxford University, "How Can We Reduce the Risk of Human Extinction?" BULLETIN OF THE ATOMIC SCIENTISTS, 9-9-08, http://www.thebulletin.org/web-edition/features/how-can-we-reduce-the-risk-of-human-extinction, accessed 5-2-10. The risks from … a rate rivaling Moore's Law.
Court action on detention is key to challenge the deference doctrine Masur 05 (Jonathan, Law clerk for Posner, JD from Harvard, "A Hard Look or a Blind Eye: Administrative Law and Military Deference" Hastings Law Journal, Lexis) In evidence is a … government is to persevere.
Plan is key to domestic and international rule of law—modeling Michael P. Scharf et al., Counsel of Record, Brief of the Public International Law and Policy Group as Amicus Curiae in Support of the Petitioners, Jamal Kiyemba, et. Al., v. Barack H. Obama, et al., SCOTUS, No. 08-1234, 12—09, p. 3-8. The precedent of this … during times of conflict.
Rule of law solves global instability Feldman 8 Noah Feldman, a contributing writer for the magazine, is a law professor at Harvard University and an adjunct senior fellow at the Council on Foreign Relations, “When Judges Make Foreign Policy”, NEW YORK TIMES, 9—25—08, www.nytimes.com/2008/09/28/magazine/28law-t.html Looking at today’s … done the world over.
It’s increasing now and will collapse Nepal Brown 12, Seyom Brown is a professor of international politics and national security at Southern Methodist University. Vanda Felbab-Brown is a fellow in foreign policy at the Brookings Institution, Nepal, On the Brink of Collapse, http://www.nytimes.com/2012/06/06/opinion/nepal-on-the-brink-of-collapse.html?_r=3andref=opinionand FOR more than two decades, Nepal, a resource-rich, impoverished country wedged between China and India, has teetered between paralysis and upheaval. Its people have witnessed the transition, in 1990, from an authoritarian Hindu kingdom to a constitutional monarchy; the massacre of members of the royal family in 2001 by the heir to the throne; a decade-long civil war between Maoist insurgents and the government that ended in a faltering peace agreement in 2006; and the removal of the monarchy altogether in 2008. Since the civil war …. over who should lead it.
Plan: The United States federal judiciary should rule that individuals indefinitely detained under the War Powers authority of the President of the United States must be tried by an existing Article III court or be released
Solvency:
Mandating release is crucial—any alternative leaves the judiciary powerless and fails to rectify injustice Stanton 10 (Caroline Wells, J.D. at Georgetown Law, Summer 2010, "Rights and Remedies: Meaningful Habeas Corpus in Guantanamo" Georgetown Journal of Legal Ethics, Lexis) The inclusion of … the detainee's liberty.
Tournament: NDT | Round: 2 | Opponent: Baylor BB | Judge: John Warden, Martin Osborn, Eric Forslund Perm—do both. Caminker, ’94 Evan H., Professor of Law @ UCLA, “Why Must Inferior Courts Obey Superior Court Precedents?”, Stanford Law Review, April, 46 Stan. L. Rev. 817, ln uwyo-kn This speculative benefit of … costs be justifiable.
Can’t solve deference or judicial power—doesn’t set a precedent Barrett ‘03 Amy Coney, “Stare Decisis and Due process”, Summer, 74 U. Colo. L. Rev. 1011 uwyo-kn n34. Cf. Lea Brilmayer, A Reply, 93 Harv. L. Rev. 1727, 1728 (1980) ("Neither the cliche that any two …books is unquestionable.").
Hard law is key to make the plan’s signal credible Koppel 09 (Martin, PhD student at the University of Tubigen, Germany, "The Effectiveness of Soft Law: First Insights from Comparing Legally Binding Agreements with Flexible Action Programs" Georgetown International Environmental Law Review, Lexis) Hard law, on the … some form of direct sanction. n32
Multiple congressional restrictions block—only court action solves Rosenberg 12 (Carol, 1-9-12, "Congress, rules keep Obama from closing Guantanamo Bay" The Miami Herald) www.mcclatchydc.com/2012/01/09/135179/congress-rule-keep-obama-from.html#.UjXQNcasiSo The last two prisoners … of a detainee to another country.
The court has no constitutional jurisdiction to issue dicta when a decision is not rendered. David O’Brien, Leone Reaves and George W. Spicer Professor of Government and Foreign Affairs at the University of Virginia., Storm Center: The Supreme Court in American Politics, Seventh Edition, 2006, p. 167-169. Adverseness and Advisory Opinions • The Court generally … set its face from the beginning."
Turn—spillover A. Counterplan causes abuse of the doctrine Caminker, ’94 Evan H., Professor of Law @ UCLA, “Why Must Inferior Courts Obey Superior Court Precedents?”, Stanford Law Review, April, 46 Stan. L. Rev. 817, ln uwyo-kn Second, even assuming a … is better than the alternative.
B. Destroys the judicial system Caminker, ’94 Evan H., Professor of Law @ UCLA, “Why Must Inferior Courts Obey Superior Court Precedents?”, Stanford Law Review, April, 46 Stan. L. Rev. 817, ln uwyo-kn Paulsen acknowledges that "were …values secured by hierarchical precedent.
Military is developing chemical soldiers Parasidis 12 (Efthimios, Assistant Professor of Law, Center for Health Law Studies, Saint Louis University School of Law, 2012, "Justice and Beneficence in Military Medicine and Research" Ohio State Law School, Lexis) The United States military … humans via thought alone. n12
Chemical soldiers cause extinction and destroy value to life Deubel 13 (Paula, Professor Gabriel has held positions at the Brookings Institution, the Army Intelligence School, the Center for the Study of Intelligence at the CIA, and at the Walter Reed Army Institute of Research, Department of Combat Psychiatry, in Washington. 3-25-13, "The Psychopath Wars: Soldiers of the Future?" Suite 101) suite101.com/article/the-psychopath-wars-soldiers-of-the-future-a366977 evidence is gender modified According to Dr. Richard …. evolution of our morality.
3/28/14
NDT - 2AC - DA - Court Cap - EPA
Tournament: NDT | Round: 2 | Opponent: Baylor BB | Judge: John Warden, Martin Osborn, Eric Forslund Multiple controversial rulings coming now Bomboy 3-5-14 (Scott, staff writer, "Four big Supreme Court decisions on the radar" Constitution Daily) blog.constitutioncenter.org/2014/03/four-big-supreme-court-decisions-on-the-radar/ As the Supreme Court … obligations under international treaties.
Empirics prove the Court doesn’t consider capital Schauer 04 Frederick, Law prof at Hravard, “Judicial Supremacy and the Modest Constitution”, California Law Review, July, 92 Cal. L. Rev. 1045, ln uwyo-kn Examples of the effects … Court, on the other.
Winners win Law 09 (David, Professor of Law and Professor of Political Science, Washington University in St. Louis, Georgetown Law Journal, March 2009, 97 Geo. L.J. 723; “A Theory of Judicial Power and Judicial Review,” Lexis, rwg) Part IV of this … grasp of them--by contrasting *734 Bush v. Gore n26 with Brown v. Board of Education n27 and Cooper v. Aaron. n28
Issues are compartmentalized Redish and Cisar 91 prof law @ Northwestern and Law clerk to US Court of Appeals, 1991 (MARTIN H. REDISH, prof law and public policy @ Northwestern; ELIZABETH J. CISAR, Law Clerk to Chief Judge William Bauer, United States Court of Appeals, Seventh Circuit, Dec 1991, “CONSTITUTIONAL PERSPECTIVES: ARTICLE: "IF ANGELS WERE TO GOVERN" *: THE NEED FOR PRAGMATIC FORMALISM IN SEPARATION OF POWERS THEORY.” 41 Duke L.J. 449) Choper's assumption that … unrelated structural issues.
Public supports the plan Reuters 13 (Quoting John McCain, Republican Senator, 6-9-13, "Support growing to close Guantanamo prison: senator" Reuters) www.reuters.com/article/2013/06/09/us-usa-obama-guantanamo-idUSBRE9580BL20130609 Republican Senator … flouts the rule of law."
That boosts capital Durr et al 2K (Robert, “Ideological Divergence and Public Support for the Supreme Court,”, American Journal of Political Science, Volume 44, No. 4, October, p. 775) We expect our improve … other actors and institutions (Caldeira 1986).
The ruling won’t cause warming Barnes 2-23 (Robert, staff writer, "Supreme Court to consider EPA’s authority to regulate greenhouse gases" WP) www.washingtonpost.com/politics/supreme-court-to-consider-epas-authority-to-regulate-greenhouse-gases/2014/02/23/ec5d4f88-9af4-11e3-ad71-e03637a299c0_story.html But unless the court … the midst of a gridlocked Congress.
China overwhelms Richard Heinberg, senior fellow, "China Coal Update," Post Carbon Institute, 3--8--12, http://www.postcarbon.org/blog-post/747521-china-coal-update, accessed 4-9-12. Second, can the world … change to merely “catastrophic” levels.
Timeframe is 200 years and adaptation solves Mendelsohn 9 – Robert O. Mendelsohn 9, the Edwin Weyerhaeuser Davis Professor, Yale School of Forestry and Environmental Studies, Yale University, June 2009, “Climate Change and Economic Growth,” online: http://www.growthcommission.org/storage/cgdev/documents/gcwp060web.pdf These statements are largely … long?run balanced responses.
ecosystems are resilient NIPCC 11. Nongovernmental International Panel on Climate Change. Surviving the unprecedented climate change of the IPCC. 8 March 2011. http://www.nipccreport.org/articles/2011/mar/8mar2011a5.html In a paper published … amplitude fluctuations in climate."
3/28/14
NDT - 2AC - K - Queer Theory Edelman
Tournament: NDT | Round: 2 | Opponent: Baylor BB | Judge: John Warden, Martin Osborn, Eric Forslund They’re wrong—futurism is key to public engagement Hall 06 (Professor of English at West Virginia University, The Chronicle of Higher Education 53.4) Indeed, much … imagine or invest in a future.
Queerness shouldn’t abandon the politics—the problem is the Christian right Brenkman 2002 (John Brenkman, Distinguished Professor of English and Comparative Literature at the CUNY Graduate Center and Baruch College, 2002, Narrative, Vol. 10, No. 2, p. 190-191) I have not tried … well as outside politics.
Edelman’s overidentification with the culture of death cedes the political to elites Balasopoulos, 2006 Antonis, Journal of American Studies, v. 40, projectmuse
No Future is a work … politics in the present.
And, only futurism solves the turn Kurasawa 2004 Professor of Sociology, York University of Toronto Fuyuki, “Cautionary Tales: The Global Culture of Prevention and the Work of Foresight,” Constellations 11.4, December, ebsco None of this is … here and now.
No tyranny of the majority Shaw, 99 – Professor of Philosophy @ San Jose State (William H, Contemporary Ethics, p. 13) Actions affect people … is increased, that matters.
Turn – Focusing on undermining the heterosexist ideology reintrenches the binary structure of sex itself and the dominative heteronormative system Cindy Patton, Asst. Professor at Temple University, 1995 (Performativity and Performance, pg 179-180, ed. Andrew Parker and Eve Kosofsky Sedgwick) We have, I now believe, … itself through flight.
Turn – Identity politics risk erasure of individual identities Shaun Sewell, PhD Dissertation, Louisiana State University, 2005, Public Sexuality: A Contemporary History of Gay Images and Ideologies, http://etd.lsu.edu/docs/submitted/etd-01212005-212501/unrestricted/Sewell_dis.pdf, p. 6 However, the danger … and culturally constructed.
anti-political focus of queer theory destroys any possibility of activism Hall, 06 (Donald, professor of English at West Virginia University, “Imagining Queer Studies Out of the Doldrums”, Chronicle of Higher Education, 9/15, http://chronicle.com.proxy.library.emory.edu/weekly/v53/i04/04b01501.htm) "Queer Theory" burst … actually get us there.
3/28/14
NDT R3 - Amendment CP 2AC
Tournament: Ndt | Round: 3 | Opponent: Michigan State Zemel-Caporal | Judge: Bagwell, Cohn, Hall Perm do both—solves the link Denning 2 (Brannon P, Assistant Professor of Law – Southern Illinois University School of Law; John R. Vile, Chair of Political Science – Middle Tennessee State University; November, 77 Tul. L. Rev. 247, Lexis)
The Article V process is, as the Framers intended, rigorous. The supermajority AND -circuit (or play games with) Article V’s procedural requirements. 129
Court has unique symbolic effect —- key to foreign perception of the plan Fontana 8 (David, Associate Professor of Law – George Washington University Law School, "The Supreme Court: Missing in Action", Dissent Magazine, Spring, http://www.dissentmagazine.org/article/?article=1165)
The Results of Inaction¶ What is the problem with this approach? The answer AND from looking to the Geneva Conventions as a source of a legal claim.
Courts will ignore the amendment—interp means it fails Segal 26 Spaeth ’02 ~The Supreme Court and the Attitudinal Model Revisted, p. 5-6~
If action by the Congress to undo the Court’s interpetation of one of its laws AND justices overruled their predecessors and magnaminously and unselfishly allowed themselves to be taxed.
Const’l changes = instability—ethnic wars Douglas A. Ollivant, Senior National Security Fellow, New America Foundation, "Renewed Violence in Iraq," CONTINGENCY PLANNING MEMORANDUM n. 15, Council on Foreign Relations, 8—12, http://www.cfr.org/iraq/renewed-violence-iraq/p28808
The most serious risks to Iraq’s internal instability come from the overlapping and interacting effects AND in the region could also spill over into Iraq and exacerbate internal tensions.
Their tyrannical pasts and to ensure the protection of individual rights, emerging democracies have consistently looked to the United States and its Constitution in fashioning frameworks that safeguard the independence of their judiciaries. See Ran Hirschl, The Political Origins of Judicial Empowerment through Constitutionalization: Lessons from Four Constitutional Revolutions, 25 LAW 26 SOC. INQUIRY 91, 92 (2000) (stating that of the "~m~any countries . . . ~that~ have engaged in fundamental constitutional reform over the past three decades," nearly all adopted "a bill of rights and establishe~d~ some form of active judicial review"). Establishing judicial review by a strong and independent judiciary is a critical step in stabilizing and protecting these new democracies. See Christopher M. Larkins, Judicial Independence and Democratization: A Theoretical and Conceptual Analysis, 44 AM. J. COMP. L. 605, 605-06 (1996) (describing the judicial branch as having "a uniquely important role" in transitional countries, not only to "mediate conflicts between political actors but also ~to~ prevent the arbitrary exercise of government power; see also Daniel C. Prefontaine and Joanne Lee, The Rule of Law and the Independence of the Judiciary, International Centre for Criminal Law Reform and Criminal Justice Policy (1998) ("There is increasing acknowledgment that an independent judiciary is the key to upholding the rule of law in a free society . . . . Most countries in transition from dictatorships and/or statist economies recognize the need to create a more stable system of governance, based on the rule of law."), available at http://www.icclr.law.ubc.ca/ Publications/Reports/RuleofLaw.pdf (viewed Jan. 8, 2004). Although the precise form of government differs among countries, "they ultimately constitute variations within, not from, the American model of constitutionalism . . . ~a~ specific set of fundamental rights and liberties has the status of supreme law, is entrenched against amendment or repeal . . . and is enforced by an independent court . . . ." Stephen Gardbaum, The New Commonwealth Model of Constitutionalism, 49 AM. J. COMP. L. 707, 718 Leads to instability Poudel 1 (Keshab, Ritualistic Respect, The National NewsMagazine, 21(19))
At a time when the country is facing manifold challenges in the field of social AND of the constitution. "There is no need to go for amendment."
3/28/14
NDT R3 - Courts Detention 1AC
Tournament: Ndt | Round: 3 | Opponent: Michigan State Zemel-Caporal | Judge: Bagwell, Cohn, Hall 1AC: Blowback
Contention 1 is Blowback:
US legitimacy has been severely damaged by detention—ending use of military commissions is key to reverse negative perceptions Carson 10 (Carlissa, Judge Advocate, US Army Reserves; former US Army Military Intelligence Officer. J.D., Emory University School of Law, Spring 2010, "Yes We Can Revise the Current Military Commission System, but Why?" Connecticut Journal of International Law, Lexis)
Conclusion President Obama recently has taken a step towards the preservation of human rights through AND longer have reason to wear a frown on flights back from Guantanamo Bay.
Legitimacy is crucial to sustainable and effective US hegemony—collapse causes great power war Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
American unipolarity has created a challenge for realists. Unipolarity was thought to be inherently AND regimes to effectuate those treaties in both public and private international law. n347 Moreover, controlling international norms are ~*143~ sometimes embodied in the U. AND the same project that the courts constantly grapple with in adjudicating domestic disputes. U.S. leadership is key to global stability and preventing great power wars Yuhan Zhang, Carnegie Endowment for International Peace, and Lin Shi, Columbia University, "America’s Decline: A Harbinger of Conflcit and Rivalry," EAST ASIA FORUM, 1—22—11, http://www.eastasiaforum.org/2011/01/22/americas-decline-a-harbinger-of-conflict-and-rivalry/
This does not necessarily mean that the US is in systemic decline, but it AND forecast in a future that will inevitably be devoid of unrivalled US primacy.
Indefinite detention increases terrorism—multiple mechanisms Martin Scheinin, Professor, International Law, "Should Human Rights Take a Back Seat in Wartime?" REAL CLEAR WORLD, interviewed by Casey L. Coombs, 1—11—12, www.realclearworld.com/articles/2012/01/11/national_defense_authorization_act_scheinin_interview-full.html, accessed 8-21-13.
CLC: As a world leader and active promoter of universal human rights, the AND copying by repressive governments that will use them for their own political purposes.
Prosecution in federal courts solves and facilitates counter-terrorism—experts agree Oona Hathaway, Professor, International Law, Yale Law School, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts and Sirine Shebaya, "The Power to Detain: Detention of Terrorism Suspects after 9/11," YALE JOURNAL OF INTERNATIONAL LAW v. 38, Winter 2013, p. 161-167.
The United States is still actively engaged in hostilities with global terrorist organizations, but AND intelligence-gathering, producing more intelligence over the course of prosecution. n262
Al Qaeda is still a major threat—predictions of decline are premature and false Sinai 13 (Joshua, JINSA Fellow, Washington, DC-based consultant on national security studies, focusing primarily on terrorism, counterterrorism, and homeland security, 3-11-13, "Al Qaeda Threat to U.S. Not Diminished, Data Indicates" The Jewish Institute for National Security Affairs) http://www.jinsa.org/fellowship-program/joshua-sinai/al-qaeda-threat-us-not-diminished-data-indicates~~23.UbaiWvmsiSo
Conventional wisdom holds that the threat to America posed by al Qaeda and its affiliates AND moment, but with further surprise attacks of a catastrophic nature still ahead.
Risk of nuclear terrorism is real and high now Bunn, et al, 10/2/13 ~ Bunn, Matthew, Valentin Kuznetsov, Martin B. Malin, Yuri Morozov, Simon Saradzhyan, William H. Tobey, Viktor I. Yesin, and Pavel S. Zolotarev. "Steps to Prevent Nuclear Terrorism." Paper, Belfer Center for Science and International Affairs, Harvard Kennedy School, October 2, 2013, Matthew Bunn. Professor of the Practice of Public Policy at Harvard Kennedy School andCo-Principal Investigator of Project on Managing the Atom at Harvard University’s Belfer Center for Science and International Affairs. • Vice Admiral Valentin Kuznetsov (retired Russian Navy). Senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, Senior Military Representative of the Russian Ministry of Defense to NATO from 2002 to 2008. • Martin Malin. Executive Director of the Project on Managing the Atom at the Belfer Center for Science and International Affairs. • Colonel Yuri Morozov (retired Russian Armed Forces). Professor of the Russian Academy of Military Sciences and senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, chief of department at the Center for Military-Strategic Studies at the General Staff of the Russian Armed Forces from 1995 to 2000. • Simon Saradzhyan. Fellow at Harvard University’s Belfer Center for Science and International Affairs, Moscow-based defense and security expert and writer from 1993 to 2008. • William Tobey. Senior fellow at Harvard University’s Belfer Center for Science and International Affairs and director of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, deputy administrator for Defense Nuclear Nonproliferation at the U.S. National Nuclear Security Administration from 2006 to 2009. • Colonel General Viktor Yesin (retired Russian Armed Forces). Leading research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences and advisor to commander of the Strategic Missile Forces of Russia, chief of staff of the Strategic Missile Forces from 1994 to 1996. • Major General Pavel Zolotarev (retired Russian Armed Forces). Deputy director of the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, head of the Information and Analysis Center of the Russian Ministry of Defense from1993 to 1997, section head - deputy chief of staff of the Defense Council of Russia from 1997 to 1998.http://belfercenter.ksg.harvard.edu/publication/23430/steps_to_prevent_nuclear_terrorism.html~~
I. Introduction In 2011, Harvard’s Belfer Center for Science and International Affairs and AND the intention to acquire and use nuclear weapons is as strong as ever.
Nuke terror causes extinction—equals a full-scale nuclear war Owen B. Toon 7, chair of the Department of Atmospheric and Oceanic Sciences at CU-Boulder, et al., April 19, 2007, "Atmospheric effects and societal consequences of regional scale nuclear conflicts and acts of individual nuclear terrorism," online: http://climate.envsci.rutgers.edu/pdf/acp-7-1973-2007.pdf
To an increasing extent, people are congregating in the world’s great urban centers, AND should be carried out as well for the present scenarios and physical outcomes.
Russia’s rule of law deficit undermines cooperation and internal stability—plan is key to restoring our credibility to deal with this issue Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, "U.S.-Russian Relations and the Democracy and Rule of Law Deficit," CENTURY FOUNDATION REPORT, 2009, p. 3-4.
Since the collapse of the Soviet Union in 1991, every U.S. AND .-Russia policy drift as it did in the Bush administration, and the
Obama team is moving quickly to establish the organizing principles that would drive policy AND hypocrisy and weakness of democracy and human rights norms within the international system.
Continued human rights violations risk a Russian revolution Harlan Ullman, senior advisor, Atlantic Council, "The Third Russian Revolution," UPI, 6—12—13, www.upi.com/Top_News/Analysis/Outside-View/2013/06/12/Outside-View-The-third-Russian-Revolution/UPI-84461371009900/, accessed 8-7-13.
Make no mistake: On the current trajectory, Russia won’t be immune to many AND Syria and Iran are two major crises where Russian support could be important.
That causes miscalc and nuclear war Pry 99 (Peter Vincent, Former US Intelligence Operative, War Scare: U.S.-Russia on the Nuclear Brink, netlibrary)
Russian internal troubles—such as a leadership crisis, coup, or civil war AND Russian affairs, with the West ignorant that it was in grave peril.
Judiciary
Contention ( ) is Judicial Independence:
Recent detention rulings have undermined U.S. judicial independence McCormack 13 (Wayne, E. W. Thode Professor of Law at the University of Utah S.J. Quinney College of Law, "U.S. Judicial Independence: Victim in the "War on Terror"," https://today.law.utah.edu/projects/u-s-judicial-independence-victim-in-the-war-on-terror/) One of the principal victims in the U.S. so-called " AND that the Court’s decision would "surely cause more Americans to be killed.
The plan’s ruling reaffirms judicial independence—it’s modeled across the world and solves rule of law- specifically nepal Michael P. Scharf et al., Counsel of Record, Brief of the Public International Law 26 Policy Group as Amicus Curiae in Support of the Petitioners, Jamal Kiyemba, et. Al., v. Barack H. Obama, et al., SCOTUS, No. 08-1234, 12—09, p. 3-8.
The precedent of this Court has a significant impact on rule of law in foreign AND promote respect for rule of law in foreign states during times of conflict.
Rule of law solves global instability Feldman 8 ~Noah Feldman, a contributing writer for the magazine, is a law professor at Harvard University and an adjunct senior fellow at the Council on Foreign Relations, "When Judges Make Foreign Policy", NEW YORK TIMES, 9—25—08, www.nytimes.com/2008/09/28/magazine/28law-t.html~
Looking at today’s problem through the lens of our great constitutional experiment, it emerges AND it, the way dictators and juntas have often done the world over.
• It is crystal clear that judicial Independence is a matter of human rights. AND can adjudicate complaints of human rights violations are vital for effective accountability mechanisms.
It’s increasing now and will collapse Nepal Brown 12, Seyom Brown is a professor of international politics and national security at Southern Methodist University. Vanda Felbab-Brown is a fellow in foreign policy at the Brookings Institution, Nepal, On the Brink of Collapse, http://www.nytimes.com/2012/06/06/opinion/nepal-on-the-brink-of-collapse.html?_r=326ref=opinion26 FOR more than two decades, Nepal, a resource-rich, impoverished country AND agreement in 2006; and the removal of the monarchy altogether in 2008.
Since the civil war ended, after the loss of more than 16,000 AND leaderless for over a year as parties bicker over who should lead it.
Following the September 11 terrorist attacks, however, the United States and western European AND India in the south of the Himalayas will have far-reaching consequences.
Other Nations Have Curtailed Judicial Review During Times Of Crisis, Often Citing the United States’ Example, And Individual Freedoms Have Diminished As A Result. While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of the rulers that go down that road justify their actions on the basis of national security and the fight against terrorism, and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at http://www.icj.org/news.php3?id_article=258726lang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans’ individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=269526lang=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia’s "de facto law minister" explicitly relied on the detentions at Guantánamo to justify Malaysia’s detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia’s detentions were "just like the process in Guantánamo," adding, "I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things." Sean Yoong, "Malaysia Slams Criticism of Security Law Allowing Detention Without Trial," Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09:34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia’s Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that "the US government was the worst human rights violator in the world." BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has "given a blank check to nations who are inclined to violate human rights already." Doug Gross, "Carter: U.S. human rights missteps embolden foreign dictators," Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, "Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights." Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that "~t~he insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House’s preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt’s move to detain human rights campaigners as threats to national security, and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso." Available at http://www.iht.com/ihtsearch.php?id=10992726owner=(IHT)26dat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world. This case starkly presents the question of which model this Court will set for the world. CONCLUSION Much of the world models itself after this country’s two hundred year old traditions — and still more on its day to day implementation and expression of those traditions. To say that a refusal to exercise jurisdiction in this case will have global implications is not mere rhetoric. Resting on this Court’s decision is not only the necessary role this Court has ¶ historically played in this country. Also at stake are the freedoms that many in emerging democracies around the globe seek to ensure for their peoples. Africa
Judicial independence prevents African instability Mbaku 13 (John Mukum, Presidential Distinguished Professor of Economics, Willard L. Eccles Professor of Economics, and John S. Hinckley Research Fellow at Weber State University, "PROVIDING A FOUNDATION FOR WEALTH CREATION AND DEVELOPMENT IN AFRICA: THE ROLE OF THE RULE OF LAW," 38 Brooklyn J. Int’l L. 959, lexis)
These priorities are all interrelated. For example, the failure of African governments to AND provide the environment for peaceful coexistence, wealth creation, and democratic governance.
US Secretary of State Condoleezza Rice introduced a new venue for her superficial and destructive AND waters of the Nile River which flows through all countries of the region.
In the Congo River Basin, conflict has been a recurring nuisance for the development AND ivory and bushmeat, felling of timber and agricultural encroachment often increases.5
Destruction of the Congo River Basin forests ensures planetary extinction Boukongou 5 (Jean Didier, Professor – Central African Catholic University (Cameroon), "The Protection of the Congo basin: A Multilateral Challenge", www.african-geopolitics.org/show.aspx?ArticleId=3836~23_ftn1)
This is not a revival of "good savage" ideology which is useful for AND world treasure," a "world lung" necessary for preserving biologic diversity.
Iraq models U.S. detention jurisprudence Scharf et al 9, PILPG Managing Director ~Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker 26 Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, "BRIEF OF THE PUBLIC INTERNATIONAL LAW 26 POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS", www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf~ As the foregoing examples illustrate, foreign governments rely on the precedent set by the AND upholds the rule of law, foreign judges are more likely to follow.
Data proves Iraqi civil war is coming now—only strong systems of governance can stabilize the country Cordesman and Khazai 13 , ~09/09/13, Anthony H. Cordesman holds the Arleigh A. Burke Chair in Strategy at CSIS, and Sam Khazai is an Associate at CSIS "Violence in Iraq: The Growing Risk of Serious Civil Conflict", https://csis.org/files/publication/120718_Iraq_US_Withdrawal_Search_SecStab.pdf~~
Iraq is a nation with great potential and its political divisions and ongoing low- AND failures may cause a new major civil war or even divide the country.
Strengthened judicial independence is key to solve that—addresses alt causes Pimental and Anderson 13, Associate and Assistant Professors of Law ~June 2013, David Pimentel is Visiting Associate Professor of Law, Ohio Northern University; Brian Anderson is a Reference Librarian and Assistant Professor, also at Ohio Northern University, "Judicial Independence in Post-Conflict Iraq: Establishing the Rule of Law in an Islamic Constitutional Democracy", http://works.bepress.com/cgi/viewcontent.cgi?article=101326context=david_pimentel~~
Contemporary Iraq is facing the full range of challenges that come with post-conflict AND vigilante score-settling that signals the breakdown of the Rule of Law.
Global nuclear war Morgan 7 (Former member of the British Labour Party Executive Committee, 3/4, "Better another Taliban Afghanistan, than a Taliban NUCLEAR Pakistan21?" http://www.electricarticles.com/display.aspx?id=639)
The nightmare that is now Iraq would take on gothic proportions across the continent. AND in a new Cold War with China and Russia pitted against the US.
1AC: Plan Plan: The United States federal judiciary should rule that individuals indefinitely detained under the War Powers authority of the President of the United States must be tried by an existing Article III court or be released. 1AC: Solvency (1:10
Contention 3 is Solvency:
Mandating release is crucial—any alternative leaves the judiciary powerless and fails to rectify injustice Stanton 10 (Caroline Wells, J.D. at Georgetown Law, Summer 2010, "Rights and Remedies: Meaningful Habeas Corpus in Guantanamo" Georgetown Journal of Legal Ethics, Lexis)
The inclusion of the Suspension Clause in the Constitution was meant to preserve the common AND failure to transfer, while at the same time protecting the detainee’s liberty.
With the Supreme Court weighing the constitutionality of a central element of President Obama’s comprehensive AND got wrong. Obama may well have a chance to get it right. Action by the judiciary is key Feldman 13 (Noah, professor of Constitutional and International Law at Harvard, "Obama Can Close Guantanamo: Here’s How," Bloomberg, May 7, 2013, http://www.bloomberg.com/news/2013-05-07/obama-has-leverage-to-get-his-way-on-guantanamo.html)
Faced with a standoff between two branches, the system allows an orderly answer: AND courts may be the best option — because it is the only one.
3/28/14
NDT R3 - Deference Add-On 2AC
Tournament: Ndt | Round: 3 | Opponent: Michigan State Zemel-Caporal | Judge: Bagwell, Cohn, Hall Plan solves deference Pearlstein 03 ~Deborah N., Deputy Director of the U.S. Law and Security Program at the Lawyers Committee for Human Rights, and a Visiting Fellow at the Stanford University Center for Democracy, Development and the Rule of Law, "The Role of the Courts in Protecting Civil Liberties and Human Rights for the Post-9/11 United States", 2nd Pugwash Workshop on Terrorism: External and Domestic Consequences of the War on Terrorism, http://www.pugwash.org/reports/nw/terrorism2003-pearlstein.htm~~
In each of the historical examples just given, the judiciary ultimately played a critical AND interned during World War II as a result of the military exclusion order.
Defer Add-On: Nuclear Accidents 2AC
Deference causes nuclear accidents Yap 04 ~Julie G., JD Cand @ Fordham, "Just Keep Swimming: Guiding Environmental Stewardship out of the Riptide of National Security," 73 Fordham L. Rev. 1289, December, LNuwyo-ajl~
The U.S. Supreme Court’s opinion in Weinberger v. Catholic Action, AND to the community and the environment where the proposed action is to occur.
Nuclear meltdowns will destroy all life Wasserman 02 ~Harvey, senior advisor to Greenpeace USA and the Nuclear Information 26 Resource Service "Nuclear Power and Terrorism," Earth island Journal Spring 2002 Vol. 17, No.1delo-uwyo~
As at Three Mile Island, where thousands of farm and wild animals died in AND core of our life and of all future generations must be shut down. Defer Add-On: Nuclear Testing 2AC
Deference allows massive nuclear testing Barry Kellman, Professor, Law, Depaul University, "Judicial Abdication of Military Tort Accountability: But Who is to Guard the Guards Themselves?" DUKE LAW JOURNAL, December 1989, p. 1600-1601.
The flaw in the court of appeals’ decision is that the judiciary’s reluctance to review AND review "national security" cases is based on far less weighty considerations.
Unfortunately, at this time, the exact date of the Sun’s erruption into a AND minutes.) Others swell and slowly expand into super-giants, sometimes.
3/28/14
NDT R3 - Heg Adv 1AR
Tournament: Ndt | Round: 3 | Opponent: Michigan State Zemel-Caporal | Judge: Bagwell, Cohn, Hall Heg: A2 "Alt Cause—Drones"
Obama decreasing drone strikes now LA Times 13 (5-23-13, "Obama puts restrictions on drone program" LA Times) articles.latimes.com/2013/may/23/world/la-fg-obama-drones-20130524
WASHINGTON — Reining back the aggressive counter-terrorism strategy he has embraced for five years, President Obama declared clear, public restrictions for the first time on using unmanned ~staffed~ aircraft to kill terrorists, a shift likely to significantly reduce U.S. drone strikes in Pakistan and elsewhere.
When Edward Snowden, a former National Security Agency contractor, disclosed details about some AND intelligence operations. But in general, Europeans have shrugged and moved on.
Any diplomatic initiative on Syria coming from Russia, whose UN votes have perpetuated Assad’s AND military action — without further undermining U.S. credibility. The h
marked
umanitarian justification for intervention — with over two million Syrian refugees and 110,000 AND conflict on terms dictated by Assad, Hezbollah, and/or Iran.
Legitimacy True
legitimacy is true, and wolforth is wrong—impact is global instability Krzysztof J. Pelc 10¶ Department of Government,¶ Georgetown University¶ "Constraining Coercion? Legitimacy and its Role in US Trade Policy," 1975-2000¶ Forthcoming, International Organizationh1 Volume 64 / Issue 01 / January 2010, pp 65-96
Abstract¶ The role of legitimacy in international relations is the topic of much¶ AND humanitarian intervention,7 use of force,8 and environmental reforms.9
3/28/14
NDT R3 - Heg Adv 2AC
Tournament: Ndt | Round: 3 | Opponent: Michigan State Zemel-Caporal | Judge: Bagwell, Cohn, Hall Heg DA: 2AC
Their impacts are outdated—based on realist assumptions that are false Knowles 09 (Robert, Assistant Professor, New York University School of Law, Spring 2009, "American Hegemony and the Foreign Affairs Constitution" Arizona State Law Journal, Lexis)
American courts treat foreign affairs issues as unique and requiring very strong, sometimes absolute AND in maintaining the stability and legitimacy of the American-led hegemonic order.
Courts can effectively review national security cases—regulatory lawsuits prove Martin 11 Craig, Visiting Assistant Professor, University of Baltimore School of Law, "ARTICLE: Taking War Seriously: A Model for Constitutional Constraints on the Use of Force in Compliance with International Law", Winter, 76 Brooklyn L. Rev. 611, Lexis
Turning to the normative arguments against judicial review of national security issues, many of AND cases and those relating to national security issues again mischaracterize the question at is
sue in national security cases. As already discussed, the courts are not seeking AND are often raised by opponents of judicial review in the realm of national security
The U.S. Supreme Court on Monday heard oral arguments in a case that could invalidate hundreds of National Labor Relations Board rulings and set the agency back more than a year in its workload if it loses. The dispute could also determine when presidents can use so-called "recess appointments" to fill key positions that generally require Senate approval, creating serious implications for the White House. MORE: Supreme Court questions Obama’s recess appointment power The case, NLRB v. Noel Canning, challenges a D.C. Circuit Court of Appeals decision early last year that said the president’s 2012 board appointments, which occurred while the Senate was on break, were unconstitutional. Hundreds of NLRB rulings involving those panel members are now at stake.
Filibuster rule change takes out the case USA Today 12-16-13 "Shrinking high court docket bedevils conservatives" www.usatoday.com/story/news/politics/2013/12/16/supreme-court-labor-housing-abortion-discrimination/4038497/
The next time the justices take their seats in court, they will confront what AND are divided, the standoff that led to the lawsuit no longer exists.
An effort by the National Labor Relations Board to require businesses to post pro- AND the U.S. Supreme Court, but declined to do so.
Predicting the decision is impossible Shane 13 (Peter, Ohio State University College of Law, "THE FUTURE OF RECESS APPOINTMENTS IN LIGHT OF NOEL CANNING V. NLRB" Bloomberg Law) about.bloomberglaw.com/practitioner-contributions/the-future-of-recess-appointments-in-light-of-noel-canning-v-nlrb/
The government has asked the Supreme Court to hear Noel Canning, and it would be surprising for the Court not to do so. The importance of the issues, the conflict in the circuits, and the expansiveness of the D.C. Circuit rationale all augur for Supreme Court review. Predicting the outcome, however, is all but impossible. The Court is unlikely to adopt the D.C. Circuit’s reasoning be
cause it goes so far beyond what is necessary to decide the case. That AND reasoning is unlikely to survive. Beyond that, we can only guess.
Empirics prove the Court doesn’t consider capital Schauer 04 ~Frederick, Law prof at Hravard, "Judicial Supremacy and the Modest Constitution", California Law Review, July, 92 Cal. L. Rev. 1045, ln uwyo-kn~
Examples of the effects of judicial supremacy hardly occupy the entirety of constitutional law AND on the one hand, and the Supreme Court, on the other. They’ve bailed on the quickie rule Witkin 12/11/13 (Scott, Shareholder Barnes 26 Thornburg, " NLRB Throws in towl on quickie election rule appeal," http://www.lexology.com/library/detail.aspx?g=3bd2e2b8-aa78-45f2-8fc3-f5e27aaa3b7f)
In a surprising development, the NLRB has dropped its appeal of the D. AND its decision, has yet to comment on the dropping of its appeal.
Issues are compartmentalized Redish and Cisar 91 prof law @ Northwestern and Law clerk to US Court of Appeals, 1991 (MARTIN H. REDISH, prof law and public policy @ Northwestern; ELIZABETH J. CISAR, Law Clerk to Chief Judge William Bauer, United States Court of Appeals, Seventh Circuit, Dec 1991, "CONSTITUTIONAL PERSPECTIVES: ARTICLE: "IF ANGELS WERE TO GOVERN" *: THE NEED FOR PRAGMATIC FORMALISM IN SEPARATION OF POWERS THEORY." 41 Duke L.J. 449)
Choper’s assumption that the judiciary’s institutional capital is transferable from structural cases to individual rights AND somehow be affected by anything the Court says about wholly unrelated structural issues.
Pro-Canning ruling causes massive political obstructionism and kills SOP Neuborne 13 (Burt, Professor of Civil Liberties and founding Legal Director of the Brennan Center for Justice at NYU Law School, Sidney Rosdeitcher, Wendy Weiser, 9-20-13, "Brief Of Amicus Curiae The Brennan Center For Justice In Support Of Petitioner And Reversal" In The Supreme Court of the Qunited States National Labor Relations Board. Petitioner, v. Noel Canning, a Division or the Noel Corp., et al.) http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs-v2/12-1281_pet_amcu_bcj.authcheckdam.pdf
The unduly narrow interpretation of the recess appointment power espoused by the court below, AND Remove Checks on the Senate and Would Subvert the Separation of Powers By limit
ng the power to fill vacancies to those arising during a recess, the D AND balance of powers which the Founders established in designing the Constitution’s appointments mechanism. That decks the economy NCPA 13 (2-22-13, "Policy Uncertainty Undermines Economic Recovery" National Center for Policy Analysis) www.ncpa.org/sub/dpd/?Article_ID=22874
Partisan gridlock and debates over the debt limit, spending and taxes send signals to Americans and businesspeople that the future of economic policy is uncertain. For an economic recovery, this uncertainty can slow economic growth and employment, says Nicholas Bloom, a professor of economics at Stanford University. Though uncertainty is a subjective concept, Bloom created a proxy measure called Economic Policy
Uncertainty (EPU). It indicates that uncertainty has increased and remained high since AND inflation and stock-market levels on gross domestic product growth and employment.
Issues are compartmentalized Redish and Cisar 91 prof law @ Northwestern and Law clerk to US Court of Appeals, 1991 (MARTIN H. REDISH, prof law and public policy @ Northwestern; ELIZABETH J. CISAR, Law Clerk to Chief Judge William Bauer, United States Court of Appeals, Seventh Circuit, Dec 1991, "CONSTITUTIONAL PERSPECTIVES: ARTICLE: "IF ANGELS WERE TO GOVERN" *: THE NEED FOR PRAGMATIC FORMALISM IN SEPARATION OF POWERS THEORY." 41 Duke L.J. 449)
Choper’s assumption that the judiciary’s institutional capital is transferable from structural cases to individual rights AND somehow be affected by anything the Court says about wholly unrelated structural issues.
Thus, these armed conflicts can hardly be said to be caused by poverty as AND by increasing repression (thereby using one form of violence to abort another.
3/28/14
NDT R3 - Peace Process DA 1AR
Tournament: Ndt | Round: 3 | Opponent: Michigan State Zemel-Caporal | Judge: Bagwell, Cohn, Hall Talks are doomed to fail—both sides refuse to compromise, Cook 10-31-13 (Jonathan, won the Martha Gellhorn Special Prize for Journalism. His latest books are "Israel and the Clash of Civilisations: Iraq, Iran and the Plan to Remake the Middle East" (Pluto Press) and "Disappearing Palestine: Israel’s Experiments in Human Despair" (Zed Books), "Whatever happened to the Israeli-Palestinian Peace Process?" www.globalresearch.ca/whatever-happened-to-the-israeli-palestinian-peace-process/5356250?utm_source=rss26utm_medium=rss26utm_campaign=whatever-happened-to-the-israeli-palestinian-peace-process
You could be forgiven for thinking everyone packed up shop a while ago and forgot AND its settlements devour yet more of the Palestinian state-in-waiting.
Peace talks are unlikely to succeed Hibbard 11-1-13 (Steve, served for 37 years in the Canadian foreign office, in the Middle East "Israeli-Palestinian Peace Talks: Little Cause for Optimism" Cyprus Mail) cyprus-mail.com/2013/11/01/israeli-palestinian-peace-talks-little-cause-for-optimism/
U.S. Secretary of State John Kerry has brought Israelis and Palestinians to AND in acrimony and further complicate the road to separate Israeli and Palestinian states.
The Palestinians are seriously considering declaring the failure of the peace talks with Israel, AND nature of our steps in the aftermath of the collapse of the negotiations." Peace talks will fail now—Fatah Ronen 7-18 (Gil, staff writer, 7-18-13, "Palestinians Torpedo Kerry Plan to Restart Negotiations" Israel National News) http://www.israelnationalnews.com/News/News.aspx/170048~~23.Ueif2o2siSo Fatah - the party of Palestinian Authority President Mahmoud Abbas and the dominant faction within AND and his negotiating team had referred those terms to the Palestinian political leadership. h1 impacts NU Timeframe. Middle East is on the brink of a major conflict Brooks 9-1 (David, New York Times columnist, 9-1-13, "David Brooks: Middle East reaches brink of all-out sectarian war" Post Bulletin) www.postbulletin.com/opinion/david-brooks-middle-east-reaches-brink-of-all-out-sectarian/article_4677a9b4-19ed-52d8-88f2-d580aa29cc1a.html
What’s the biggest threat to world peace right now? Despite the horror, it’s AND ripping people into polarized groups seem stronger than the forces bringing them together.
a2 it works
The Israeli-Palestinian conflict exacerbates water wars and drags in other countries Ferragina, Senior Researcher at the Institute of Studies on Mediterranean Society 2007 (Eugenia, "The Effects of the Irsaeli-Palestinian Conflict on Water Resources in the Jordan River Basin", http://www.globalenvironment.it/ferragina.pdf, accessed 7/13, J.Y.) An emblematic case of the connection between security and the ¶ environment in the Mediterranean AND countries of the ¶ basin (Lebanon, Syria, and Jordan).3
Collapsing global water supplies cause extinction. Marlow, National Chairperson of the Council of Canadians and IFG Committee on the Globalization of Water 2001 (Maude, Spring, "BLUE GOLD: The Global Water Crisis and the Commodification of the World’s Water Supply," http://www.ratical.org/co-globalize/BlueGold.pdf. Perhaps the most devastating analysis of the global water crisis comes from hydrological engineer Michal AND vast territories, massive continental desertification and, eventually, "global collapse." Democracy 2NC The peace process is necessary to demonstrate a commitment to democracy in the region Asmus et. al 5 Ronald D., Larry, Mark, and Michael, A Transatlatnic Strategy to Promote Democratic Development in the Broader Middle East, Washington Quarterly, http://www.twq.com/05spring/docs/05spring_asmus.pdf A resolution of the Israeli-Palestinian conflict would clearly produce real benefits for democratic AND more democratic societies in which the forces of radicalism and terrorism are marginalized. Many today in the Arab world see a Western and especially a U.S. commitment to the peace process as a litmus test of our intentions in the Arab world more broadly, including on democracy. To them, our credibility on questions of democracy are tied to support for Palestinian political self-determination. Democracy in Middle East prevents nuclear war Muravchick-resident scholar at ADI 2001(Joshua, Presented before the NPEC/IGCC Summer Faculty Seminar July 11-14, 2001, University of California, San Diego) The fall of Communism not only ended the Cold War; it also ended the AND yet exist but where the prospects for democracy may be still more remote.
Iran Prolif 2NC Israeli-Palestine conflict leads to Iran prolif Jeganaathan 12 ~J Jeganaathan - Researcher at the Institute of Peace and Conflict Studies (IPCS), New Delhi. He has a PhD in European Studies from School of International Studies. Fellow at Centre for Transnational Relations, Foreign and Security Policy. IPCS, "The IPCSNuclear Security Programme Quarterly"; September 2012 - Accessed July 16th; http://www.ipcs.org/Nuclear_Quarterly-Oct-Dec_2012.pdf —- Leis~
For Iran, political instability in the Middle East region particularly neighbouring states like Iraq AND where it is alleged to have acquired enrichment technology violating international nuclear norms. Iran prolif causes nuclear war Kroenig 12 (Matthew, assistant professor of Government at Georgetown University and Stanton Nuclear Security Fellow at the Council on Foreign Relations, January/February 2012, "Time to Attack Iran - Why a Strike Is the Least Bad Option" Foreign Affairs) http://www.foreignaffairs.com/articles/136917/matthew-kroenig/time-to-attack-iran
Some states in the region are doubting U.S. resolve to stop the AND the two countries that could draw the United States in, as well.
Hamas ~Iran~ 2NC Kerry’s departure would signal the end of peace negotiations, which drives new members to Hamas JPost, 7-13 (Jerusalem Post, 7-13, "Nablus mayor: If talks fail, Palestinians will take to streets," http://www.jpost.com/Diplomacy-and-Politics/Nablus-mayor-If-Kerry-peace-bid-fails-Palestinians-will-take-to-streets-319695, accessed 7-13-13, EB) Israel and the Palestinians are headed toward another round of street clashes if peace efforts AND it is telling the moderate people, ’Go to ~Hamas’~ side’." Expansion of Hamas’ sphere of influence motivates Israel to counterstrike Iran Rubin, 2012 (Michael, 11-19-12, Commentary Magazine, "Is this How the Israel-Iran War Begins?" http://www.commentarymagazine.com/2012/11/19/is-this-how-the-israel-iran-war-begins/, accessed 7-12-13, EB) Experts and defense analysts agree that Iran would respond to any Israeli strike on its AND is advancing steadily, and so time is otherwise not on Israel’s side. Kerry’s departure would signal the end of peace negotiations, which drives new members to Hamas JPost, 7-13 (Jerusalem Post, 7-13, "Nablus mayor: If talks fail, Palestinians will take to streets," http://www.jpost.com/Diplomacy-and-Politics/Nablus-mayor-If-Kerry-peace-bid-fails-Palestinians-will-take-to-streets-319695, accessed 7-13-13, EB) Israel and the Palestinians are headed toward another round of street clashes if peace efforts AND it is telling the moderate people, ’Go to ~Hamas’~ side’." Hamas is a focal point of conflict with the Muslim world; the alternative is all-out Holy War Aysha, Professor at American University in Cairo, 2006 (Emad El-Din, Summer, "The Hamas Victory and the New Politics that May Come," New Politics, Vol.: 11, http://newpol.org/content/hamas-victory-and-new-politics-may-come, EB) Hamas could very well become the rallying point for Mideast Islamist activity. The Arab AND the original pan-Islamic nature of the confrontation at the time of th
e Palestinian Hajj Amin Al-Husayni, Egyptian Hassan Al-Banna and Syrian AND the first rounds have already been fired and from the most unlikely corner.
3/28/14
NDT R3 - Peace Process DA 2AC
Tournament: Ndt | Round: 3 | Opponent: Michigan State Zemel-Caporal | Judge: Bagwell, Cohn, Hall alt causes to peace process Dov Waxman, 9/8/11, ~coauthor of the recently published Israel’s Palestinians: The Conflict Within (Cambridge University Press, 2011~ "The Death of the Peace Process" National Interest, http://nationalinterest.org/commentary/the-death-the-peace-process-5859
As international attention increasingly focuses on the Palestinian Authority’s coming bid for UN recognition of AND avoiding blame for the lack of negotiations than they are with actually resuming talks . Even if they do finally get around to negotiating again, it would only AND tried negotiations and armed struggle, this appears to be all that’s left.
From Israel, Iran has only to fear a quick strike by missile or aircraft AND they could be marketed to the Iranian public as anti-Israel weapons).
Peace process solves extinction Kamal Nawash, the president of the Free Muslims Coalition. "Israel/Palestine Conflict May Lead to Nuclear War." 01/10/09
Surprise, surprise, once again the Palestinian/Israeli conflict spirals out of control AND equality for Palestinians and security for Israel. There are no other choices.
3/28/14
NDT R3 - T - Restrictions 2AC
Tournament: Ndt | Round: 3 | Opponent: Michigan State Zemel-Caporal | Judge: Bagwell, Cohn, Hall Indefinite detention is holding an individual without deciding when they will be released The lead author for this report is Cara M. Cheyette et al 11, JD, MPH. The drafting and editing of the report was overseen by Scott Allen, MD, Co-Director of the Center for Prisoner Health and Human Rights at Brown University and Medical Advisor to PHR and Vincent Iacopino, MD, PhD, PHR Senior Medical Advisor.June 2011 Physicians for Human Rights physiciansforhumanrights.org "Punishment Before Justice: Indefinite Detention in the US" https://s3.amazonaws.com/PHR_Reports/indefinite-detention-june2011.pdf
The Nature of Indefinite Detention By definition, indefinite detention refers to a situation in AND to evidentiary standards of proof nor over which the detainee has substantial control.
A restriction on war powers authority limits Presidential discretion Jules Lobel 8, Professor of Law at the University of Pittsburgh Law School, President of the Center for Constitutional Rights, represented members of Congress challenging assertions of Executive power to unilaterally initiate warfare, "Conflicts Between the Commander in Chief and Congress: Concurrent Power over the Conduct of War," Ohio State Law Journal, Vol 69, p 391, 2008, 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
US legitimacy has been severely damaged by detention—ending use of military commissions is key to reverse negative perceptions Carson 10 (Carlissa, Judge Advocate, US Army Reserves; former US Army Military Intelligence Officer. J.D., Emory University School of Law, Spring 2010, "Yes We Can Revise the Current Military Commission System, but Why?" Connecticut Journal of International Law, Lexis)
Conclusion President Obama recently has taken a step towards the preservation of human rights through AND longer have reason to wear a frown on flights back from Guantanamo Bay.
Legitimacy is crucial to sustainable and effective US hegemony—collapse causes great power war Knowles 9 Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, “American Hegemony and the Foreign Affairs Constitution”, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87
American unipolarity has created a challenge for realists. Unipolarity was thought to be inherently AND regimes to effectuate those treaties in both public and private international law. n347 Moreover, controlling international norms are *143 sometimes embodied in the U. AND the same project that the courts constantly grapple with in adjudicating domestic disputes. U.S. leadership is key to global stability and preventing great power wars Yuhan Zhang, Carnegie Endowment for International Peace, and Lin Shi, Columbia University, “America’s Decline: A Harbinger of Conflcit and Rivalry,” EAST ASIA FORUM, 1—22—11, http://www.eastasiaforum.org/2011/01/22/americas-decline-a-harbinger-of-conflict-and-rivalry/
This does not necessarily mean that the US is in systemic decline, but it AND forecast in a future that will inevitably be devoid of unrivalled US primacy.
Indefinite detention increases terrorism—multiple mechanisms Martin Scheinin, Professor, International Law, “Should Human Rights Take a Back Seat in Wartime?” REAL CLEAR WORLD, interviewed by Casey L. Coombs, 1—11—12, www.realclearworld.com/articles/2012/01/11/national_defense_authorization_act_scheinin_interview-full.html, accessed 8-21-13.
CLC: As a world leader and active promoter of universal human rights, the AND copying by repressive governments that will use them for their own political purposes.
Prosecution in federal courts solves and facilitates counter-terrorism—experts agree Oona Hathaway, Professor, International Law, Yale Law School, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts and Sirine Shebaya, “The Power to Detain: Detention of Terrorism Suspects after 9/11,” YALE JOURNAL OF INTERNATIONAL LAW v. 38, Winter 2013, p. 161-167.
The United States is still actively engaged in hostilities with global terrorist organizations, but AND intelligence-gathering, producing more intelligence over the course of prosecution. n262
Al Qaeda is still a major threat—predictions of decline are premature and false Sinai 13 (Joshua, JINSA Fellow, Washington, DC-based consultant on national security studies, focusing primarily on terrorism, counterterrorism, and homeland security, 3-11-13, “Al Qaeda Threat to U.S. Not Diminished, Data Indicates” The Jewish Institute for National Security Affairs) http://www.jinsa.org/fellowship-program/joshua-sinai/al-qaeda-threat-us-not-diminished-data-indicates#.UbaiWvmsiSo
Conventional wisdom holds that the threat to America posed by al Qaeda and its affiliates AND moment, but with further surprise attacks of a catastrophic nature still ahead.
Risk of nuclear terrorism is real and high now Bunn, et al, 10/2/13 Bunn, Matthew, Valentin Kuznetsov, Martin B. Malin, Yuri Morozov, Simon Saradzhyan, William H. Tobey, Viktor I. Yesin, and Pavel S. Zolotarev. "Steps to Prevent Nuclear Terrorism." Paper, Belfer Center for Science and International Affairs, Harvard Kennedy School, October 2, 2013, Matthew Bunn. Professor of the Practice of Public Policy at Harvard Kennedy School andCo-Principal Investigator of Project on Managing the Atom at Harvard University’s Belfer Center for Science and International Affairs. • Vice Admiral Valentin Kuznetsov (retired Russian Navy). Senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, Senior Military Representative of the Russian Ministry of Defense to NATO from 2002 to 2008. • Martin Malin. Executive Director of the Project on Managing the Atom at the Belfer Center for Science and International Affairs. • Colonel Yuri Morozov (retired Russian Armed Forces). Professor of the Russian Academy of Military Sciences and senior research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, chief of department at the Center for Military-Strategic Studies at the General Staff of the Russian Armed Forces from 1995 to 2000. • Simon Saradzhyan. Fellow at Harvard University’s Belfer Center for Science and International Affairs, Moscow-based defense and security expert and writer from 1993 to 2008. • William Tobey. Senior fellow at Harvard University’s Belfer Center for Science and International Affairs and director of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, deputy administrator for Defense Nuclear Nonproliferation at the U.S. National Nuclear Security Administration from 2006 to 2009. • Colonel General Viktor Yesin (retired Russian Armed Forces). Leading research fellow at the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences and advisor to commander of the Strategic Missile Forces of Russia, chief of staff of the Strategic Missile Forces from 1994 to 1996. • Major General Pavel Zolotarev (retired Russian Armed Forces). Deputy director of the Institute for U.S. and Canadian Studies of the Russian Academy of Sciences, head of the Information and Analysis Center of the Russian Ministry of Defense from1993 to 1997, section head - deputy chief of staff of the Defense Council of Russia from 1997 to 1998.http://belfercenter.ksg.harvard.edu/publication/23430/steps_to_prevent_nuclear_terrorism.html
I. Introduction In 2011, Harvard’s Belfer Center for Science and International Affairs and AND the intention to acquire and use nuclear weapons is as strong as ever.
Nuke terror causes extinction—equals a full-scale nuclear war Owen B. Toon 7, chair of the Department of Atmospheric and Oceanic Sciences at CU-Boulder, et al., April 19, 2007, “Atmospheric effects and societal consequences of regional scale nuclear conflicts and acts of individual nuclear terrorism,” online: http://climate.envsci.rutgers.edu/pdf/acp-7-1973-2007.pdf
To an increasing extent, people are congregating in the world’s great urban centers, AND should be carried out as well for the present scenarios and physical outcomes.
Russia’s rule of law deficit undermines cooperation and internal stability—plan is key to restoring our credibility to deal with this issue Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, “U.S.-Russian Relations and the Democracy and Rule of Law Deficit,” CENTURY FOUNDATION REPORT, 2009, p. 3-4.
Since the collapse of the Soviet Union in 1991, every U.S. AND hypocrisy and weakness of democracy and human rights norms within the international system.
Continued human rights violations risk a Russian revolution Harlan Ullman, senior advisor, Atlantic Council, “The Third Russian Revolution,” UPI, 6—12—13, www.upi.com/Top_News/Analysis/Outside-View/2013/06/12/Outside-View-The-third-Russian-Revolution/UPI-84461371009900/, accessed 8-7-13.
Make no mistake: On the current trajectory, Russia won't be immune to many AND Syria and Iran are two major crises where Russian support could be important.
That causes miscalc and nuclear war Pry 99 (Peter Vincent, Former US Intelligence Operative, War Scare: U.S.-Russia on the Nuclear Brink, netlibrary)
Russian internal troubles—such as a leadership crisis, coup, or civil war AND Russian affairs, with the West ignorant that it was in grave peril.
Leaves earth uninhabitable Starr 10—Director of Clinical Laboratory Science Program @ University of Missouri Steven Starr (Senior scientist @ Physicians for Social Responsibility.), “The climatic consequences of nuclear war,” Bulletin of the Atomic Scientists, 12 March 2010, Pg. http://www.thebulletin.org/web-edition/op-eds/the-climatic-consequences-of-nuclear-war
This isn't a question to be avoided. Recent scientific studies have found that a AND nuclear war would cause a global famine that could kill one billion people.
1AC: Judiciary
Boumediene upheld the deference doctrine—by failing to specify a remedy, the courts have cemented executive power Scheppele 12 (Kim, Professor of Sociology and Public Affairs in the Woodrow Wilson School, Director of the Program in Law and Public Affairs, Princeton University, January 2012, "The New Judicial Deference" Boston University Law Review, Lexis)
The majority in Boumediene had indeed found that the political branches had designed a system AND , which would in turn allow the executive to detain the petitioners longer. deference kills CMR--the aff revives it Mazur 10 (Diane, Professor of Law, University of Florida Levin College of Law, "A More Perfect Military: How the Constitution Can Make Our Military Stronger" Oxford University Press, Print)
One of the ways the doctrine of judicial deference has left a scar on civil AND judicial deference—so we can all feel better about making military decisions. Civilian control key to military effectiveness—solves array of existential threats Dr. Mackubin Thomas Owens, Professor, National Security Affairs, “What Military Officers Need to Know About Civil-Military Relations,” NAVAL WAR COLLEGE REVIEW v. 65 n. 2, Spring 2012, p. 81-82.
The combination of civil-military relations patterns and service doctrines affect military effectiveness. AND ... are likely to persist for a very long time." (56)
Judicial deference justifies military medical and bioweapons research Parasidis 12 (Efthimios, Assistant Professor of Law, Center for Health Law Studies, Saint Louis University School of Law, 2012, "Justice and Beneficence in Military Medicine and Research" Ohio State Law School, Lexis)
The military has long nurtured a culture and identity that is fundamentally distinct from civil AND of military accountability than from the lack of military discipline or aggressiveness." n531
The risks from anthropogenic hazards appear at present larger than those from natural ones. AND may increase as biotechnologies continue to improve at a rate rivaling Moore's Law.
Court action on detention is key to challenge the deference doctrine Masur 05 (Jonathan, Law clerk for Posner, JD from Harvard, "A Hard Look or a Blind Eye: Administrative Law and Military Deference" Hastings Law Journal, Lexis)
In evidence is a court that instinctively views military action as judicially incomprehensible and legally AND to vindicate the rule of law if such a government is to persevere.
Plan is key to domestic and international rule of law--nepal models Michael P. Scharf et al., Counsel of Record, Brief of the Public International Law and Policy Group as Amicus Curiae in Support of the Petitioners, Jamal Kiyemba, et. Al., v. Barack H. Obama, et al., SCOTUS, No. 08-1234, 12—09, p. 3-8.
The precedent of this Court has a significant impact on rule of law in foreign AND promote respect for rule of law in foreign states during times of conflict.
Rule of law solves global instability Feldman 8 Noah Feldman, a contributing writer for the magazine, is a law professor at Harvard University and an adjunct senior fellow at the Council on Foreign Relations, “When Judges Make Foreign Policy”, NEW YORK TIMES, 9—25—08, www.nytimes.com/2008/09/28/magazine/28law-t.html
Looking at today’s problem through the lens of our great constitutional experiment, it emerges AND it, the way dictators and juntas have often done the world over.
The plan’s ruling is specifically modeled by Nepal Scharf 9, Professor Michael P. Scharf, PILPG Managing Director, John Deaver Drinko — Baker and Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, BRIEF OF THE PUBLIC INTERNATIONAL LAW and POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf
II. PILPG’S EXPERIENCE ADVISING FOREIGN GOVERNMENTS AND JUDICIARIES ILLUS- TRATES THE IMPORTANCE OF AND system, particularly how this Court enforces key decisions in the lower courts.
• It is crystal clear that judicial Independence is a matter of human rights. AND can adjudicate complaints of human rights violations are vital for effective accountability mechanisms.
It’s increasing now and will collapse Nepal Brown 12, Seyom Brown is a professor of international politics and national security at Southern Methodist University. Vanda Felbab-Brown is a fellow in foreign policy at the Brookings Institution, Nepal, On the Brink of Collapse, http://www.nytimes.com/2012/06/06/opinion/nepal-on-the-brink-of-collapse.html?_r=3andref=opinionand FOR more than two decades, Nepal, a resource-rich, impoverished country AND agreement in 2006; and the removal of the monarchy altogether in 2008.
Since the civil war ended, after the loss of more than 16,000 AND leaderless for over a year as parties bicker over who should lead it.
Following the September 11 terrorist attacks, however, the United States and western European AND India in the south of the Himalayas will have far-reaching consequences.
Risk of India-China nuclear war is high—hair-trigger alert Sullivan and Massa 10, Mr. Sullivan is research fellow and program manager at the American Enterprise Institute's Center for Defense Studies. Mr. Mazza is a senior research associate at AEI, http://online.wsj.com/news/articles/SB10001424052748703384204575509163717438530
India and Pakistan are the two countries most likely to engage in nuclear war, AND strike targets throughout India from the secure confines of the South China Sea.
1AC: Plan Plan: The United States federal judiciary should rule that individuals indefinitely detained under the War Powers authority of the President of the United States must be tried by an existing Article III court or be released. 1AC: Solvency (1:10
Contention 3 is Solvency:
Mandating release is crucial—any alternative leaves the judiciary powerless and fails to rectify injustice Stanton 10 (Caroline Wells, J.D. at Georgetown Law, Summer 2010, "Rights and Remedies: Meaningful Habeas Corpus in Guantanamo" Georgetown Journal of Legal Ethics, Lexis)
The inclusion of the Suspension Clause in the Constitution was meant to preserve the common AND failure to transfer, while at the same time protecting the detainee's liberty.
With the Supreme Court weighing the constitutionality of a central element of President Obama’s comprehensive AND got wrong. Obama may well have a chance to get it right. Action by the judiciary is key Feldman 13 (Noah, professor of Constitutional and International Law at Harvard, “Obama Can Close Guantanamo: Here’s How,” Bloomberg, May 7, 2013, http://www.bloomberg.com/news/2013-05-07/obama-has-leverage-to-get-his-way-on-guantanamo.html)
Faced with a standoff between two branches, the system allows an orderly answer: AND courts may be the best option -- because it is the only one.
Court involvement key to setting precedent that checks abuses Pearlstein 03 Deborah N., Deputy Director of the U.S. Law and Security Program at the Lawyers Committee for Human Rights, and a Visiting Fellow at the Stanford University Center for Democracy, Development and the Rule of Law, “The Role of the Courts in Protecting Civil Liberties and Human Rights for the Post-9/11 United States”, 2nd Pugwash Workshop on Terrorism: External and Domestic Consequences of the War on Terrorism, http://www.pugwash.org/reports/nw/terrorism2003-pearlstein.htm
In each of the historical examples just given, the judiciary ultimately played a critical AND interned during World War II as a result of the military exclusion order.
3/29/14
Taiwan Aff--UT Doubles
Tournament: Texas | Round: Doubles | Opponent: Northwestern MP | Judge: Kallmyer Lemuel Wunderlich Contention 1 is China Relations: US-China relations are on the brink—simmering tensions could inhibit cooperation if not resolved Gross 13 (Donald, senior associate at the Pacific Forum of the Center for Strategic and International Studies (CSIS) and former State Department official, 3-19-13, "Seizing the Opportunity to Improve US-China Relations" The Huffington Post) www.huffingtonpost.com/donald-gross/us-china-relations_b_2891183.html
In his second …………………..Strait economic cooperation.
Taiwan is the single most important obstacle to US-China cooperation—failure to handle this issue could break the whole endeavor Wenzhao 09 (Tao, CASS Expert on US Affairs, 5-9-09, “Expert says Taiwan Relations Act "main obstacle" hindering Sino-US ties” BBC Monitoring Asia Pacific – Political, Lexis)
Over the past …………………natural death.
Taiwan is the most likely relations flashpoint Joseph S. Nye, former US assistant secretary of defense and chairman of the US National Intelligence Council, Professor @ Harvard, 1-11-2008, The Fear Factor in US-China Relations, p. www.project-syndicate.org/commentary/the-fear-factor-in-us-china-relations
Maintaining good US-China …………………..to the other.
Scenario 1: North Korea
Korean peninsula is on the brink of war—miscalc is increasingly likely DeTrani 13 (Joseph, president of the Intelligence and National Security Alliance, a nonprofit organization, Special Envoy for Six Party Talks with North Korea from 2003-2006, 3-26-13, "China can defuse North Korea time-bomb" Asia Times Online) www.atimes.com/atimes/Korea/KOR-01-260313.html
North Korea's missile ………………………Time is of the essence.
Only US-China cooperation can solve the crisis—increasing mutual trust is key Solana 13 (Javier, former EU High Representative for Foreign and Security Policy, Secretary-General of NATO, and Foreign Minister of Spain, currently President of the ESADE Center for Global Economy and Geopolitics and Distinguished Fellow at the Brookings Institution, 4-23-13, "The Sino-American Test in North Korea" Project Syndicate) www.project-syndicate.org/commentary/the-us-and-china-in-north-korea-by-javier-solana
Repeated threats from …………………….significant boost in mutual strategic trust.
Korean conflict escalates to global nuclear war Chol 11 Kim MyongChol is author of a number of books and papers in Korean, Japanese and English on North Korea, including Kim Jong-il's Strategy for Reunification. He has a PhD from the Democratic People's Republic of Korea's Academy of Social Sciences "Dangerous games" Aug 20 www.atimes.com/atimes/Korea/MH20Dg01.html
The divided and heavily ………………power stations exploding, each spewing as much radioactive fallout as 150-180 H-bombs.
Scenario 2: Climate Change US-China cooperation is critical to stop climate change—spills over globally Steinbock 13 (Dan, Research Director, India China and America Institute, 7-11-13, "US-China Climate Change Battle Could Prolong Life" China US Focus) www.chinausfocus.com/energy-environment/us-china-climate-change-battle-could-prolong-life/
According to new evidence………………… for truly global solutions.
Scientific consensus proves warming is real and human-caused Richard Somerville, Distinguished Professor Emeritus at the Scripps Institution of Oceanography and Climate Scientist, PhD in Meteorology, 3/8/11, House Energy and Commerce Subcommittee on Energy and Power Hearing; "Climate Science and EPA's Greenhouse Gas Regulations”, Congressional Testimony, lexis, mnrs
The Working Group……………………… consistent with model results.
Warming kills the biosphere—causes extinction of all life Costello 11 (Anthony, Institute for Global Health, University College London, Mark Maslin, Department of Geography, University College London, Hugh Montgomery, Institute for Human Health and Performance, University College London, Anne M. Johnson, Institute for Global Health, University College London, Paul Ekins, Energy Institute, University College London “Global health and climate change: moving from denial and catastrophic fatalism to positive action” May 2011 vol. 369 no. 1942 1866-1882 Philosophical Transactions of the Royal Society)
Advocacy about the health ………………………..many environments uninhabitable.
Economic decline causes nuclear war Harris and Burrows ‘9 (Mathew, PhD European History at Cambridge, counselor in the National Intelligence Council (NIC) and Jennifer, 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)
Of course, the report ………………….dog-eat-dog world.
Studies prove Royal, Department of Defense Cooperative threat reduction director, 2010 Jedediah, Economic Integration, Economic Signaling and the Problem of Economic Crises, in Economics of War and Peace: Economic, Legal and Political Perspectives, p.213-4
Second, on a dyadic ………………..deserves more attention.
Contention 2 is Miscalc: Tensions are running high in the Taiwan Strait—new provocations by Taiwan are pushing the region into conflict Chan 13 (John, staff writer, 4-18-13, Taiwan holds military exercises amid rising US-China tensions" World Socialist Web Site) https://www.wsws.org/en/articles/2013/04/18/taiw-a18.html
Taiwan is staging live-fire …………………US escalates tensions with China.
Status quo ambiguity will inevitably lead to war—clarifying against a security commitment to Taiwan is key to prevent miscalc Carpenter 09 (Ted Galen, vice president for defense and foreign policy studies at the Cato Institute, 2009, “East Asian Security Commitments” Cato Handbook for Policymakers)
Washington's security commitment …………………….crisis should be rescinded.
China will go to war over Taiwan—nationalism and internal pressures Fu 06 (Zhengyuan, former Fellow at the Center for Advanced Study in the Behavioral Sciences at Stanford and a former Senior Research Professor of the Chinese Academy of Social Sciences, Fall 2006, "The Taiwan Issue and Sino-U.S. Relations" Transnational Law and Contemporary Problems, Lexis)
Since the mid-1990s, ………………..Taiwan's independence means war. n48
Conflict over Taiwan escalates, goes nuclear William Lowther, "Taiwan Could Spark Nuclear War: Report," TAIPEI TIMES, 3--16--13, p. 3.
Taiwan is the most likely ……………………………quite possibly devastating.”
Turns all impacts—fallout over Taiwan will draw in other actors Hunkovic 09 (Lee J, American Military University, “The Chinese-Taiwanese Conflict: Possible Futures of a Confrontation between China, Taiwan and the United States of America”, http://www.lamp-method.org/eCommons/ Hunkovic.pdf)
A war between China, ……………………….considered in this study.
Sending a firm signal to Taiwan is key—prevents provocations Hadar 96 (Leon, BT's Washington correspondent, 2-15-96, "US ambiguity is problematic, not strategic" Business Times, Lexis)
That is the way ………………………….Taipei's position in Washington.
Deterrence can’t solve China-Taiwan war Carpenter 01 (Ten Galen, vice president for defense and foreign policy studies at the Cato Institute, 5-30-01, “Going Too Far Bush’s Pledge to Defend Taiwan” Cato Institute) http://www.cato.org/sites/cato.org/files/pubs/pdf/fpb66.pdf
Proponents of giving ……………………..a disastrous armed conflict.
Economic ties don’t prevent war—WWI proves Dowd 13 (Alan, American Security Council Foundation Senior Fellow, 3-18-13, “Collision Course or Peaceful Pacific?” The Dowd Report) http://67.199.60.145/Articles.aspx?ArticleId=774
Some argue that ………………………..conversation,” he sighs.
Plan: The United States federal government should statutorily prohibit the President from introducing the United States armed forces into hostilities between the People’s Republic of China and Taiwan.
Clarifying that the United States will not come to Taiwan’s defense solves US-China war Carpenter and Logan 07 (Ted, vice president for defense and foreign policy studies at Cato, and Justin, foreign policy analyst, 9-13-07, "Taiwan's Defense Budget How Taipei's Free Riding Risks War" Cato Institute) object.cato.org/sites/cato.org/files/pubs/pdf/PA600.pdf
Washington should couple …………………….potentially disastrous predicament.
Pro-China clarity resolves tension over Taiwan and boosts US-China relations Charles Glaser, professor of political science and international affairs @ George Washington University, March/April 2011, Will China's Rise lead to War?, p. web.clas.ufl.edu/users/zselden/coursereading2011/Glaser.pdf
Given such risks, the United States ………………………………a reduction of tension.
Congressional action is key—inconsistency between the Taiwan Relations Act and executive promises kill credibility with Beijing Chan 10 (Steven, Professor of Political Science at the University of Colorado, Boulder, September 2010, “The Taiwan Relations Act Considered from Alternative Perspectives” Issues and Studies) http://iiro.nccu.edu.tw/attachments/journal/add/4/46-3-1.PDF
This ambiguity— deliberate …………………..at unilateral revision.
3/14/14
Trials Aff
Tournament: Pitt RR | Round: 4 | Opponent: Michigan HK | Judge: Reed, JV Instrumental Rationality Aff 1AC detention debates focus on legal procedures surrounding enemy combatant status but fail to question why such a category exists in the first place—the Court’s obsession with the epistemological aspects of detention cedes the critical ontological question of the nature of the world and America’s role in it to dominant power structures that attempt to impose Western control over the entire planet. The key question is critiquing that ontological assumption Williams 07 (Daniel, Associate Professor of Law, Northeastern University School of Law, "After The Gold Rush - Part I: Hamdi, 9/11, and the Dark Side of the Enlightenment" Penn State Law Review, Lexis)
Part II of the Hamdi opinion presents the "threshold question" as a particular AND nourishes itself, illustrates how legal reasoning is invested with disguised ideological power.
This shift in detention jurisprudence is a manifestation of the underside of the Enlightenment—instrumental rationality’s creeping colonization of the lifeworld has resulted in the resurgence of a pre-enlightenment form of sovereignty which threatens global domination and annihilation of the planet Williams 07 (Daniel, Associate Professor of Law, Northeastern University School of Law, "After The Gold Rush - Part I: Hamdi, 9/11, and the Dark Side of the Enlightenment" Penn State Law Review, Lexis)
Every ten years or so, the U.S. needs to pick up AND Legality, has driven us back into that unveiled cauldron of irrational violence.
Administrative jurisprudence threatens to destroy the lifeworld sphere in favor of biopolitical system spheres where means-ends rationality enables global domination, totalitarianism, and genocide. Only the ideals of communicative rationality—community-building, dialogue, value-sharing, and persuasion—can reclaim the lifeworld Daniel R. Williams, Associate Professor, Law, Northeastern University, “After the Gold rush—Part II: Hamdi, the Jury Trial, and Our Degraded Public Sphere,” PENN STATE LAW REVIEW v. 113 n. 1, 2008, p. 95-105.
Habermas’s social ontology illuminates what is at stake in our war on- terror jurisprudence AND the triumph of the rule of law, Hamdi exposes its emptiness.212
Thus, Miranda and I advocate that the United States federal government provide individuals indefinitely detained under the War Powers authority of the President of the United States with a trial by a jury of their peers.
The affirmative is vital to salvage the public spheres—reclaiming trial by jury as a vitalizing process rather than a means to an end is essential to challenging the myth of American exceptionalism which provides the basis for Sovereign power Daniel R. Williams, Associate Professor, Law, Northeastern University, “After the Gold rush—Part II: Hamdi, the Jury Trial, and Our Degraded Public Sphere,” PENN STATE LAW REVIEW v. 113 n. 1, 2008, p. 106-112.
For Enlightenment culture to flourish, and its humane values to maintain a grip on AND , centuries later, generated this “difficult time in our Nation’s history.”
Our rhetorical argument forces institutions to justify their colonization of the lifeworld, reversing their control and opening up space for public debate Doxtader 97 (Erik W., PhD Northwester, International Research fellowship, Institute for Justice and Reconciliation, “Total War and Public Life: A Critical Theory of American Nuclear Deterrence Policy,” June,
Rhetorical-arguments are communicative constellations that instantiate forms of critical publicity by mediating the AND relationship to symbol systems that may have their origins in the public domain.
Aff key to social transformation—consciousness shift through withdrawal of assent creates a legitimacy crisis Daniel R. Williams, Professor, Law, Northeastern University, “Adverting a Legitimation Crisis and the Paradox of the War on Terror,” NORTHEASTERN PUBLIC LAW AND THEORY FACULTY WORKING PAPERS SERIES n. 24-2008, 9—08, http://ssrn.com/abstract = 1265244
Political power and authority are fragile possessions; they hinge almost entirely, in a AND -state, were accountable to the public to a degree that today seems unimaginable.159
Even if a particular trial fails to achieve justice, the stories told through that process joins a larger narrative of dissent that has the potential to disrupt power structures Carroll 12 (Jenny, Associate Professor of Law, Seton Hall University School of Law, March 2012, "The Jury's Second Coming" Georgetown Law Journal, Lexis)
Nullification is a conspiracy among the most unlikely of allies: the defendant, who AND retains its ability to ebb and flow with the tides of the nation.
