The United States federal government should provide traditional Article III courts exclusive jurisdiction over the United States’ indefinite detention policy and ensure that sufficient resources are available for training, preparation and trial.
Article III courts solve detention problems—aff kills due process
David Cole 08, Professor of Law, Georgetown University Law Center, David Keene, Chairman, American Conservative Union, 6/23/08, "A Critiuqe of ’National Security Courts’," http://www.constitutionproject.org/pdf/Critique_of_the_National_Security_Courts.pdf Advocates of national security courts that would try terrorism suspects claim that traditional Article III AND a showing would also enable it to proceed via the traditional criminal process.
2NC CP
Confusion DA—one approach is key to legal certainty
Harvey Rishikof 8, Professor of Law and Former Chair of the Department of National Security Strategy at the National War College and Kevin E Lunday, Captain and judge advocate in the US Coast Guard, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court", December 19, www.cwsl.edu/content/journals/Rishikof.pdf The evolving and murky U.S. policy governing the detention, treatment, AND resulted in a confused legal landscape with uncertain prospects for the future.27
The exec will inevitably choose the plan—wrecks solvency
Gregory McNeal 08, Visiting Assistant Professor of Law, Pennsylvania State University Dickinson School of Law. The author previously served as an academic consultant to the former Chief Prosecutor, Department of Defense Office of Military Commissions, "ARTICLE: BEYOND GUANTANAMO, OBSTACLES AND OPTIONS," August 08, 103 Nw. U. L. Rev. Colloquy 29 To understand my executive forum-discretion framework, it is necessary to understand several AND for easier convictions, the Executive will choose that forum over any other.
Perm results in a double standard—that kills cred
Harvey Rishikof 8, Professor of Law and Former Chair of the Department of National Security Strategy at the National War College and Kevin E Lunday, Captain and judge advocate in the US Coast Guard, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court", December 19, www.cwsl.edu/content/journals/Rishikof.pdf The current preventive detention regime also damages the strategic legitimacy of the United States because AND authorized the use of a detainee’s coerced testimony before a military commission.67
Plan destroys US legitimacy, rule of law, and fuels terrorism
Deborah Colson 09, Acting Director, Law 26 Security Program at Human Rights First, March, "The Case Against A Special Terrorism Court," http://www.humanrightsfirst.org/wp-content/uploads/pdf/090323-LS-nsc-policy-paper.pdf Human Rights First believes that all indefinite detention and special court proposals—whatever form AND effectiveness of our counterterrorism strategy and the integrity of the American justice system.
Plan undermines US legitimacy—that spills over and empowers AQ
Deborah Colson 09, Acting Director, Law 26 Security Program at Human Rights First, March, "The Case Against A Special Terrorism Court," http://www.humanrightsfirst.org/wp-content/uploads/pdf/090323-LS-nsc-policy-paper.pdf The policies of detention, interrogation and trial at Guantánamo have also negatively impacted the AND further erode American credibility in, and beyond, the realm of counterterrorism.
Civilian courts and neutral trials are key to perceived legitimacy
Harvey Rishikof 8, Professor of Law and Former Chair of the Department of National Security Strategy at the National War College and Kevin E Lunday, Captain and judge advocate in the US Coast Guard, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court", December 19, www.cwsl.edu/content/journals/Rishikof.pdf Whether by criminal trials, military commissions, or international tribunals, employing the rule AND standards of due process that are widely accepted by the international community.80
Aff emboldens terrorists and the CP solves
Harvey Rishikof 8, Professor of Law and Former Chair of the Department of National Security Strategy at the National War College and Kevin E Lunday, Captain and judge advocate in the US Coast Guard, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court", December 19, www.cwsl.edu/content/journals/Rishikof.pdf A common objection to the establishment of an NSC is that because the primary purpose AND toward a system that is designed to strategically combat terrorism over the long term
Courts result in more intel—suspects end up cooperating
Deborah Colson 09, Acting Director, Law 26 Security Program at Human Rights First, March, "The Case Against A Special Terrorism Court," http://www.humanrightsfirst.org/wp-content/uploads/pdf/090323-LS-nsc-policy-paper.pdf Finally, In Pursuit of Justice finds that criminal prosecution often assists rather than inhibits AND tool for all types of criminal investigations, including significant terrorist cases."18
Safeguards solve intelligence concerns
Kenneth Roth 8, former federal prosecutor in New York and Washington, D.C., is Executive Director of Human Rights Watch, Foreign Affairs, "After Guantánamo", May/June, Vol. 87 Issue 3, p. 9-16, EBSCO Finally, opponents of criminally prosecuting terrorism suspects argue that such trials force the government AND the dozens of international terrorism cases it has prosecuted since 9/11.
Empirics prove
Kenneth Roth 8, former federal prosecutor in New York and Washington, D.C., is Executive Director of Human Rights Watch, Foreign Affairs, "After Guantánamo", May/June, Vol. 87 Issue 3, p. 9-16, EBSCO FULL-COURT PRESS Fortunately, there is no need to contemplate such a radical departure from U. AND better than resorting to preventive detention and discarding many basic due process rights.
Thomas Hilde 09, professor at the University of Maryland School of Public Policy, "Beyond Guantanamo. Restoring U.S. Credibility on Human Rights," Heinrich Böll Foundation, http://www.boell.org/downloads/hbf_Beyond_Guantanamo_Thomas_Hilde(2).pdf Beginning at least in 2002, the United States created and developed a policy instituting AND political standing, of credibility, trust, and legitimacy in international society.
Broader CT practices
Thomas Hilde 09, professor at the University of Maryland School of Public Policy, "Beyond Guantanamo. Restoring U.S. Credibility on Human Rights," Heinrich Böll Foundation, http://www.boell.org/downloads/hbf_Beyond_Guantanamo_Thomas_Hilde(2).pdf One should be cautious of jumping too quickly to condemnation. No country has a AND them or rewrite their content to accommodate the perceived interests of that country?
Drones—-our evidences is comparative
Stephen Holmes 13, the Walter E. Meyer Professor of Law, New York University School of Law, July 2013, "What’s in it for Obama?," The London Review of Books, http://www.lrb.co.uk/v35/n14/stephen-holmes/whats-in-it-for-obama On the basis of undisclosed evidence, evaluated in unspecified procedures by rotating personnel with AND killing of innocent Muslims falls within America’s commodious concept of a just war. The rage such strikes incite will be all the greater if onlookers believe, as AND , represents a worsening not an improvement of America’s image in the world.
PRISM
Migranyan 7/5 (Andranik is the director of the Institute for Democracy and Cooperation in New York. He is also a professor at the Institute of International Relations in Moscow, a former member of the Public Chamber and a former member of the Russian Presidential Council. "Scandals Harm U.S. Soft Power," 2013, http://nationalinterest.org/commentary/scandals-harm-us-soft-power-8695) For the past few months, the United States has been rocked by a series AND America—and its model for governance—with a more critical eye.
Syria
Anthony Cordesman 9/1/13, holds the Arleigh A. Burke Chair in Strategy at the Center for Strategic and International Studies (CSIS) in Washington, D.C., "President Obama and Syria: The ’Waiting for Godot’ Strategy," http://csis.org/publication/president-obama-and-syria-waiting-godot-strategy Instead, the Administration first rushed into the kind of rhetoric you only use if AND to return for its holiday. The message to the world is obvious.
Zero data supports the resolve or credibility thesis
Jonathan Mercer 13, associate professor of political science at the University of Washington in Seattle and a Fellow at the Center for International Studies at the London School of Economics, 5/13/13, "Bad Reputation," http://www.foreignaffairs.com/articles/136577/jonathan-mercer/bad-reputation Since then, the debate about what to do in Syria has been sidetracked by discussions of how central reputation is to deterrence, and whether protecting it is worth going to war. There are two ways to answer those questions: through evidence and through logic. AND did indeed worry about their reputations. But their worries were often mistaken. For example, when North Korea attacked South Korea in 1950, U.S AND that the Americans intended to destroy his revolution, perhaps with nuclear weapons. Similarly, Ted Hopf, a professor of political science at the National University of AND these threats seriously. As the record shows, reputations do not matter.
Multilateral coop will always structurally fail regardless of their internal link
Barma et al., 13 (Naazneen, assistant professor of national-security affairs at the Naval Postgraduate School; Ely Ratner, a fellow at the Center for a New American Security; and Steven Weber, professor of political science and at the School of Information at the University of California, Berkeley, March/April 2013, "The Mythical Liberal Order," The National Interest, http://nationalinterest.org/print/article/the-mythical-liberal-order-8146) Assessed against its ability to solve global problems, the current system is falling progressively AND era, and they approach the global system in a meaningfully different way.¶
Multilateralism can’t stop conflict—4 reasons
Bordachev 6/30 (Timofei, Doctor of Political Science, is the Director of the Center for Comprehensive International and European Studies at the Higher School of Economics, "Political Tsunami Hits Hard," 2013, http://eng.globalaffairs.ru/number/Political-Tsunami-Hits-Hard-16054) The financial crisis in the United States, which in 2008 went global, and AND community has no other means to prevent the emergence or escalation of conflicts.
No climate multilateralism — nationalism ensures gridlock
David Held 13, Professor of Politics and International Relations, at the University of Durham AND Thomas Hale, Postdoctoral Research Fellow at the Blavatnik School of Government, Oxford University AND Kevin Young, Assistant Professor in the Department of Political Science at the University of Massachusetts Amherst, 5/24/13, "Gridlock: the growing breakdown of global cooperation," http://www.opendemocracy.net/thomas-hale-david-held-kevin-young/gridlock-growing-breakdown-of-global-cooperation Gridlock exists across a range of different areas in global governance today, from security AND gridlock and the continuing failure to address global collective action problems appears likely.
No impact—-mitigation and adaptation will solve—-no tipping point or "1 risk" args
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 The heart of the debate about climate change comes from a number of warnings from AND economic growth and well?being may be at risk (Stern 2006). These statements are largely alarmist and misleading. Although climate change is a serious problem AND range climate risks. What is needed are long?run balanced responses.
Best data proves climate change doesn’t cause conflict—-cooling’s more likely to cause war
Erik Gartzke 11, Associate Professor of Political Science at UC-San Diego, March 16, 2011, "Could Climate Change Precipitate Peace?," online: http://dss.ucsd.edu/~~egartzke/papers/climate_for_conflict_03052011.pdf An evolving consensus that the earth is becoming warmer has led to increased interest in AND give rise to more heated confrontations as communities compete in a warmer world. Where the basic science of climate change preceded policy, this second consensus among politicians AND light of countervailing evidence and a contrasting set of causal theoretical claims.4
Article III courts can’t solve—delays and security issues kill due process
Amos N. Guiora 9, Professor of Law at the S.J. Quinney College of Law, University of Utah, served in the Judge Advocate General’s Corps of the Israel Defense Forces where he held senior command positions related to the legal and policy aspects of operational counterterrorism, "Creating a Domestic Terror Court", PDF As mentioned above, this article assumes that both traditional Article III courts and international AND purposes but cannot under any circumstances-be the sole basis of conviction.
The president will circumvent the aff
Gregory McNeal 08, Visiting Assistant Professor of Law, Pennsylvania State University Dickinson School of Law. The author previously served as an academic consultant to the former Chief Prosecutor, Department of Defense Office of Military Commissions, "ARTICLE: BEYOND GUANTANAMO, OBSTACLES AND OPTIONS," August 08, 103 Nw. U. L. Rev. Colloquy 29 3. Executive Forum-Discretion—Any reform which allows for adjudication of guilt in different forums, each with differing procedural protections, raises serious questions of legitimacy and also incentivizes the Executive to use "lesser" forms of justice—nonprosecution or prosecutions by military commission.
In this section, my focus is on the incentives which compel the Executive to AND proposed reform is incomplete without thoroughly addressing the factors that the Executive balances.
Drones are worse than detention for international perception
Rohde 13 (Stephen, Constitutional lawyer and Chair of the ACLU Foundation of Southern California, "Bush Detained Alleged Terrorists Without Due Process - Obama Is Killing Them With Drones", 3/13/13, http://www.truth-out.org/opinion/item/15086-bush-detained-terrorists-without-due-process-obama-is-killing-them-with-drones) In the context of the serious constitutional issues surrounding Obama’s drone policy, there is AND killings and subjects the entire program to open, transparent and independent review.
Increased killing turns legitimacy
Dan Roberts 13, the Guardian’s Washington Bureau chief, 5/2/13, "US drone strikes being used as alternative to Guantánamo, lawyer says," http://www.theguardian.com/world/2013/may/02/us-drone-strikes-guantanamo The lawyer who first drew up White House policy on lethal drone strikes has accused AND the rule of law or are indifferent to civilian casualties," she added.
PRISM caused huge and long lasting backlash
Hudgins 7/17 (Sarabrynn, Internet Freedom and Human Rights Program Associate at the New America Foundation’s Open Technology Institute, "US Surveillance Unsettles Civilians More Than States," 2013, http://www.huffingtonpost.com/sarabrynn-hudgins/us-surveillance-unsettles_b_3610941.html) Allegations of American decline persist despite the United States’ command of the world’s largest economy AND community, and not just their governmental counterparts, sooner rather than later.
US support for Israel demolishes our credibility—-it comparatively outweighs the gains made by the plan
In a quick and angry response to UNESCO’s decision to admit Palestine as a full AND else, the US reaction is seen to be way out of proportion. General Arab frustration at the blindly pro-Israeli policies of the US has become AND a harder line against the Palestinian petition than that taken in Tel Aviv. Palestinian and other Arab commentators criticise the Americans for becoming plus royaliste que le roi AND the establishment of a Palestinian state within the 1967 boundaries its ultimate goal. The short-sighted American reaction to Palestine’s UN bid can only be understood as AND in history as the most Zionist speech delivered by an American president ever. But what is really new about all this when American policies have always sided with Israel in good times and bad? Well, actually, there are two new developments that would render an American continuation of old policies in this respect more damaging than before: the recent Arab revolutions along with what the US has invested in supporting them; and the more assertive Gulf positions supporting the Palestinians. By adopting such a blindly over-blown line of support to the current right AND their strong black anti-American feeling into a decidedly lighter ’grey’ area. This move from a black and white perception of the US to a ’grey’ area AND in his Istanbul and Cairo speeches in April and June 2009, respectively. Yet, all efforts that the US has made, or the little achievements that AND in the Arab press depicted the US bowing on its knees before Israel. The other new and noticeable development which would further expose America’s pro-Israel policies AND in leverage, thus such an extreme measure would actually be very unlikely. In the moving sands of the post-revolutions Arab region, the usual American AND Arab proverb most accurately describes, the Americans pointlessly ’are ploughing the sea’21
Cred is terminally low — lack of coherent security strategy means that individual actions (like the plan) aren’t perceived
Mario Loyola 9/8/13, Chief Counsel to the Texas Public Policy Foundation, served in the Pentagon as a special assistant to the Under Secretary of Defense for Policy, and on Capitol Hill as counsel for foreign and defense affairs to the U.S. Senate Republican Policy Committee, "Syria and U.S. Credibility," http://www.nationalreview.com/corner/357889/syria-and-us-credibility-mario-loyola Many of my fellow Syria hawks argue that the U.S. should strike AND effect on Iranian policy as a bunch of ducks floating in the water.
American hypocrisy in the Middle East destroys credibility
Aaron Miller 9/9/13, vice president for new initiatives and a distinguished scholar at the Woodrow Wilson International Center for Scholars, "Can Obama Afford Not to Bomb Syria?," http://www.foreignpolicy.com/articles/2013/09/09/can_obama_afford_not_to_bomb_syria?page=0,2 4. Failure to act will undermine U.S. credibility: Absent a AND worse, or if it becomes a substitute for clear and realizable goals.
David Held 13, Professor of Politics and International Relations, at the University of Durham AND Thomas Hale, Postdoctoral Research Fellow at the Blavatnik School of Government, Oxford University AND Kevin Young, Assistant Professor in the Department of Political Science at the University of Massachusetts Amherst, 5/24/13, "Gridlock: the growing breakdown of global cooperation," http://www.opendemocracy.net/thomas-hale-david-held-kevin-young/gridlock-growing-breakdown-of-global-cooperation The Doha round of trade negotiations is deadlocked, despite eight successful multilateral trade rounds AND and reform, and the domestic political landscapes of the most powerful countries.
Chang 10 – Counsel to the American law firm Paul Weiss and earlier in Hong Kong as Partner in the international law firm Baker 26 McKenzie. oken at Columbia, Cornell, Princeton, Yale, and other universities and at The Brookings Institution, The Heritage Foundation, the Cato Institute, RAND, the American Enterprise Institute, the Council on Foreign Relations, and other institutions. He has given briefings at the National Intelligence Council, the Central Intelligence Agency, the State Department, and the Pentagon. He has also spoken before industry and investor groups including Bloomberg, Sanford Bernstein, and Credit Lyonnais Securities Asia. Chang has testified before the U.S.-China Economic and Security Review Commission and has delivered to the Commission a report on the future of China’s economy, and has appeared on CNN, Fox News Channel, CNBC, MSNBC, PBS, the BBC, and Bloomberg Television. He has appeared on The Daily Show with Jon Stewart. (Gordon G. January 18, "The End of Multilateralism" Vol. 15, No. 17 http://www.weeklystandard.com/articles/end-multilateralism ) Just before Christmas, the U.N. Security Council adopted an arms embargo AND deal with Eritrea instead of, say, the Islamic Republic of Iran.
Multilat fails — US unwilling to make commitments
Vezirgiannidou 13 - Lecturer in International Organizations, University of Birmingham (SEVASTI-ELENI, "The United States and rising powers in a post-hegemonic global order," International Affairs, May, Wiley Online) The current US approach to rising powers, which engages them as equals in informal AND minor powers and should show more leadership in the reform of formal institutions.
Diplomacy fails — countries pocket concessions — empirics prove
Diplomatic overstretch makes US multilat ineffective
Xinhua 9 ~"U.S. power diplomacy loses steam in first year," 12/18, http://news.xinhuanet.com/english/2009-12/19/content_12671848.htm~~ The power diplomacy of the United States has sensed in the past year that the country’s diplomatic drive is losing steam to mostly unintended practice leaks and a few intentional policy picks. The power — hard, soft, or smart — was stretched too thin by concurrent maneuvers in Baghdad, Beijing, Brussels, Copenhagen, Geneva, Islamabad, Jerusalem, Kabul, Moscow, New York, Pyongyang and Tehran, to list just a few hotspots where Americans had been busy mending rather than making diplomacy.
No data supports mass extinction theories—-their models are flawed
David Stockwell 11, Researcher at the San Diego Supercomputer Center, Ph.D. in Ecosystem Dynamics from the Australian National University, developed the Genetic Algorithm for Rule-set Production system making contributions modeling of invasive species, epidemiology of human diseases, the discovery of new species, and effects on species of climate change, April 21, 2011, "Errors of Global Warming Effects Modeling," online: http://landshape.org/enm/errors-of-global-warming-effects-modeling/ Predictions of massive species extinctions due to AGW came into prominence with a January 2004 paper in Nature called Extinction Risk from Climate Change by Chris Thomas et al.. They made the following predictions: "we predict, on the basis of mid-range climate-warming scenarios for 2050, that 15â€"37 of species in our sample of regions and taxa will be ‘committed to extinction’. Subsequently, three communications appeared in Nature in July 2004. Two raised technical problems, including one by the eminent ecologist Joan Roughgarden. Opinions raged from "Dangers of Crying Wolf over Risk of Extinctions" concerned with damage to conservationism by alarmism, through poorly written press releases by the scientists themselves, and Extinction risk ~press~ coverage is worth the inaccuracies stating "we believe the benefits of the wide release greatly outweighed the negative effects of errors in reporting". Among those believing gross scientific inaccuracies are not justified, and such attitudes diminish the AND to model validations in the Thomas paper, and the field in general: Of the modeling papers we have reviewed, only a few were validated. Commonly AND kind of analysis the unvalidated assumptions of models would most likely be ignored. The paper observed that few mass extinctions have been seen over recent rapid climate changes, suggesting something must be wrong with the models to get such high rates of extinctions. They speculated that species may survive in refugia, suitable habitats below the spatial scale of the models. Another example of an unvalidated assumptions that could bias results in the direction of extinctions, was described in chapter 7 of my book Niche Modeling. When climate change shifts a species’ niche over a landscape (dashed to solid circle AND in many groups. Consequently, the methodology was inherently biased towards extinctions. One of the many errors in this work was a failure to evaluate the impact of such assumptions. The prevailing view now, according to Stephen Williams, coauthor of the Thomas paper and Director for the Center for Tropical Biodiversity and Climate Change, and author of such classics as "Climate change in Australian tropical rainforests: an impending environmental catastrophe", may be here. Many unknowns remain in projecting extinctions, and the values provided in Thomas et al. (2004) should not be taken as precise predictions. … Despite these uncertainties, Thomas et al. (2004) believe that the consistent overall conclusions across analyses establish that anthropogenic climate warming at least ranks alongside other recognized threats to global biodiversity. So how precise are the figures? Williams suggests we should just trust the beliefs of Thomas et al. — an approach referred to disparagingly in the forecasting literature as a judgmental forecast rather than a scientific forecast (Green 26 Armstrong 2007). These simple models gloss over numerous problems in validating extinction models, including the propensity of so-called extinct species quite often reappear. Usually they are small, hard to find and no-one is really looking for them.
Historical data—-CO2 concentrations 18 times higher than current levels didn’t cause mass extinctions
Kathy J. Willis et al 10, Professor of Long-Term Ecology at the University of Oxford; Keith D. Bennett, professor of late-Quaternary environmental change at Queen’s University Belfast, guest professor in palaeobiology at Uppsala University in Sweden, et al, 2010, "4°C and beyond: what did this mean for biodiversity in the past?," Systematics and Biodiversity, Vol. 8, No. 1, p. 3-9 Within a time-frame of Earth’s history, current atmospheric CO2 levels at 380 AND intervals of wide amplitude fluctuations in climate (Svenning 26 Condit, 2008). The most recent climate models and fossil evidence for the early Eocene Climatic Optimum ( AND subtle changes in plant–animal interactions (Harrington 26 Jaramillo, 2007).~
Prefer our evidence—-their models vastly underestimate ecological tolerance of most species
Kathy J. Willis et al 10, Professor of Long-Term Ecology at the University of Oxford; Keith D. Bennett, professor of late-Quaternary environmental change at Queen’s University Belfast, guest professor in palaeobiology at Uppsala University in Sweden, et al, 2010, "4°C and beyond: what did this mean for biodiversity in the past?," Systematics and Biodiversity, Vol. 8, No. 1, p. 3-9 Why is there such a discrepancy between model predictions for future vegetational responses and the AND late-glacial/post-glacial transition about 11 600 years ago.
Growth will radically increase adaptive capacity—-their studies discount it—-produces huge over-estimates of warming impacts
Indur M. Goklany 11, science and technology policy analyst and Assistant Director of Programs, Science and Technology Policy for the United States Department of the Interior; was associated with the Intergovernmental Panel on Climate Change off and on for 20 years as an author, expert reviewer and U.S. delegate, December 2011, "Misled on Climate Change: How the UN IPCC (and others) Exaggerate the Impacts of Global Warming," online: http://goklany.org/library/Reason20CC20and20Development202011.pdf In other words, the countries that are today poorer will be extremely wealthy ( AND into the IPCC scenarios and the Stern Review’s own (exaggerated) analysis. If the world of 2100 is as rich—and warm—as the more AND malaria well before 2100, even assuming no technological change in the interim. Similarly, if the average net GDP per capita in 2100 for developing countries is AND and technological change, they substantially overestimate future net damages from global warming.
Their studies don’t assume accelerating technological change as a result of growth—-that artificially inflates their impact
Indur M. Goklany 11, science and technology policy analyst and Assistant Director of Programs, Science and Technology Policy for the United States Department of the Interior; was associated with the Intergovernmental Panel on Climate Change off and on for 20 years as an author, expert reviewer and U.S. delegate, December 2011, "Misled on Climate Change: How the UN IPCC (and others) Exaggerate the Impacts of Global Warming," online: http://goklany.org/library/Reason20CC20and20Development202011.pdf The second major reason why future adaptive capacity has been underestimated (and the impacts AND some governments have already done for genetically modified crops and various pesticides.28
This means their evidence vastly overestimate the impacts of warming
Indur M. Goklany 11, science and technology policy analyst and Assistant Director of Programs, Science and Technology Policy for the United States Department of the Interior; was associated with the Intergovernmental Panel on Climate Change off and on for 20 years as an author, expert reviewer and U.S. delegate, December 2011, "Misled on Climate Change: How the UN IPCC (and others) Exaggerate the Impacts of Global Warming," online: http://goklany.org/library/Reason20CC20and20Development202011.pdf So how much of a difference in impact would consideration of both economic development and AND capacity due to increases in economic development, technological change and human capital. As already noted, retrospective assessments indicate that over the span of a few decades AND orders of magnitude if the time horizon is several decades into the future.
Growth means even the poorest countries can successfully adapt to the IPCC’s warmest scenario
Indur M. Goklany 11, science and technology policy analyst and Assistant Director of Programs, Science and Technology Policy for the United States Department of the Interior; was associated with the Intergovernmental Panel on Climate Change off and on for 20 years as an author, expert reviewer and U.S. delegate, December 2011, "Misled on Climate Change: How the UN IPCC (and others) Exaggerate the Impacts of Global Warming," online: http://goklany.org/library/Reason20CC20and20Development202011.pdf It is often argued that unless greenhouse gases are reduced forthwith, the resulting GW AND are the inevitable consequence of the assumptions built into the IPCC’s emissions scenarios. Hence the notion that countries that are currently poor will be unable to cope with GW does not square with the basic assumptions that underpin the magnitude of emissions, global warming and its projected impacts under the IPCC scenarios.
Growth solves the impacts of warming better than emissions reductions
Indur M. Goklany 11, science and technology policy analyst and Assistant Director of Programs, Science and Technology Policy for the United States Department of the Interior; was associated with the Intergovernmental Panel on Climate Change off and on for 20 years as an author, expert reviewer and U.S. delegate, December 2011, "Misled on Climate Change: How the UN IPCC (and others) Exaggerate the Impacts of Global Warming," online: http://goklany.org/library/Reason20CC20and20Development202011.pdf Yet another approach would be to address the root cause of why poor countries are AND since they ignore, for the most part, improvements in adaptive capacity. Of the three approaches outlined above, human well-being in poor countries is most likely to be advanced furthest by sustained economic development and to be advanced least by emission reductions. 77 In addition, because of the inertia of the climate system, economic development is likely to bear fruit faster than any emission reductions. This conclusion is consistent with Figure 6, which shows that despite exaggerating the negative AND superior to emissions reduction as a means of addressing climate-related problems.
Emissions reductions are the worst of all worlds—-they cause a decline in growth that’s worse than warming for overall welfare
Indur M. Goklany 11, science and technology policy analyst and Assistant Director of Programs, Science and Technology Policy for the United States Department of the Interior; was associated with the Intergovernmental Panel on Climate Change off and on for 20 years as an author, expert reviewer and U.S. delegate, December 2011, "Misled on Climate Change: How the UN IPCC (and others) Exaggerate the Impacts of Global Warming," online: http://goklany.org/library/Reason20CC20and20Development202011.pdf Thus, at least through 2085–2100, GW may relieve some of the AND much higher than it is today under each scenario through at least 2200. Note that Figure 6 also shows that through 2200, notwithstanding global warming, net AND The additional economic development would more than offset the cost of any warming.
Our ev uses IPCC estimates of growth—-if growth is slower, then warming’s slower too
Indur M. Goklany 11, science and technology policy analyst and Assistant Director of Programs, Science and Technology Policy for the United States Department of the Interior; was associated with the Intergovernmental Panel on Climate Change off and on for 20 years as an author, expert reviewer and U.S. delegate, December 2011, "Misled on Climate Change: How the UN IPCC (and others) Exaggerate the Impacts of Global Warming," online: http://goklany.org/library/Reason20CC20and20Development202011.pdf It may be argued that the high levels of economic development depicted in Figure 6 are unlikely. But if that’s the case, then economic growth used to drive the IPCC’s scenarios are equally unlikely, which necessarily means that the estimates of emissions, temperature increases, and impacts and damages of GW projected by the IPCC are also overestimates.
The plan isn’t key to solve terrorism—-Arab populations won’t turn to Al Qaeda, even though they don’t like US policies
Have the non-violent pro-democracy movements of the Arab Spring destroyed the appeal of the violent ideology that motivated the 9/11 attacks? Or does the West’s failure to win the war of ideas mean that radical Islamism still represent a threat? "There is a newfound conviction that protests, strikes and civil action are more effective than fighting and force," said Marwan Shehadeh, a Jordan-based expert on radical Islamist groups and ideology. The Muslim Brotherhood, which long ago disavowed violence, has participated in the political AND receptive by repression and the failure of the political process to produce change. The Arab Spring has vindicated the conviction "that Arab dictatorships were inherently unstable and that democracy has more appeal to the people of the Middle East than jihadist violence and ideology," writes Carl Gershman, President of the National Endowment for Democracy, the Washington-based democracy assistance group. Even more than the killing of Osama bin Laden, the revolts in Egypt, Libya, Tunisia, Syria, Yemen, and Bahrain "have not only shaken the very foundation of the regional authoritarian order but threatened to unravel our narrative about terrorism," writes Fawaz Gerges, author of The Far Enemy: Why Jihad Went Global and Journey of the Jihadist: Inside Muslim Militancy: As the uprisings gained momentum, Al Qaeda was notably absent. The Arab Spring AND neither burned American and Western flags nor blamed the West for their predicament. The region’s pro-democracy surge killed the myth of Arab exceptionalism, according to the FT’s Gideon Rachman, but also demonstrated the need for political reform to be home-grown and locally-owned: The "Arab spring" has provided support for the neoconservative notion that the Arab world could not – and should not – be exempt from a global trend towards democracy. But it has also illustrated that durable change is much more likely to come from within, than via US intervention. Recent events confirm that Arab citizens have been moved to protest largely by socio-economic grievances and demands that radical Islamists cannot begin to address: people want jobs not jihad, democracy not dogma. "The Arab Spring and the clamor for democracy across the world shows how redundant al-Qaida has become – it has lost all relevance; its vision of some pan-Islamic Caliphate is not what people want," according to Anthony Tucker-Jones, author of The Rise of Militant Islam. "Ultimately, religious dogma is no substitute for social aspiration and economic achievement." The region’s pro-democracy movements are "the strongest answer" to the fanaticism that motivated the 9/11 attacks a decade ago, the European Union said today. "Ten years on, the people in the streets of Tunis, Cairo, Benghazi and across the Arab world have sent a strong signal for freedom and democracy," said EU president Herman Van Rompuy and European Commission president Jose Manuel Barroso in a joint statement. "This is the strongest answer to the fatuous hate and blind fanaticism of the 9/11 crimes. "The Sept. 11 attacks were in part inspired by a radical ideology and belief that the fundamental problems plaguing Arab and Muslim people could be resolved by attacking foreign powers, those propping up dictators, promoting Western culture, oppressing Islam and corrupting civilization," according to Michael Slackman and Mona El-Naggar: The Arab Spring has turned that formula inside out, negating premises fundamental to a world that bore and nurtured Osama bin Laden. Arab majorities, still harboring resentment toward Western policies, are first looking inward to promote change, blaming their own leaders for decades of political, economic and cultural decline. There is a degree of societal introspection taking place, one that was pointless in totalitarian societies that discouraged, and often punished, civic participation.
No cred solvency—-plan causes raising expectations and can’t solve anti-Americanism
Singh 11—managing director of The Washington Institute and a former senior director for Middle East affairs at the National Security Council.. Former prof at Harvard (Michael, What has really changed in the Middle East?, shadow.foreignpolicy.com/posts/2011/09/22/what_has_really_changed_in_the_middle_east)
Second, the new governments that spring up around the Arab world will likely be AND outcome was already clear rather than acting on our pro-democracy proclamations.
Credibility theory is incoherent — Syria proves
Jonathan Mercer 8/28, 2013, associate professor of political science at the University of Washington in Seattle and a Fellow at the Center for International Studies at the London School of Economics. Bad Reputation, 28 August 2013, www.foreignaffairs.com/articles/139376/jonathan-mercer/bad-reputation Even if Assad were so simpleminded, the administration’s critics are wrong to suggest that AND suicide out of fear that others might later wrongly think one is dead. It is also possible that the United States did not factor into Assad’s calculations. AND , if overthrowing Assad were easy, it would already have been done.
Game theory proves states will never base their actions on assessments of adversaries’ resolve or credibility
Jonathan Mercer 13, associate professor of political science at the University of Washington in Seattle and a Fellow at the Center for International Studies at the London School of Economics, 5/13/13, "Bad Reputation," http://www.foreignaffairs.com/articles/136577/jonathan-mercer/bad-reputation Arguments never seem to be won on evidence alone, though, which is where AND logic is part of how people strategize, and it is called recursion. Recursive thinking can get complicated. In The Logic of Images, Robert Jervis, AND use recursive thinking — and how it quickly becomes nearly impossible to follow. Recursion poses another strategic problem: When does the game stop? If you count AND , which leads them to believe that the right answer is around 25.
Only irrational states base their actions on assessments of rivals’ credibility—-the fact that they’re irrational means it’s useless to deter them by being credible
Jonathan Mercer 13, associate professor of political science at the University of Washington in Seattle and a Fellow at the Center for International Studies at the London School of Economics, 5/13/13, "Bad Reputation," http://www.foreignaffairs.com/articles/136577/jonathan-mercer/bad-reputation And that brings us back to reputation. Say that Assad interprets Obama’s backing down AND like McCain, is rather simple-minded when it comes to strategy. Of course, it is plausible that Assad is capable of reasoning just as well AND , a called bluff makes Obama’s future threats more credible, not less. Now, if Assad is a master strategist and game theory devotee, he might AND game will go on, for there is no logical place to stop. Those who argue that reputation and credibility matter are depending on strategists to be simple AND conclusion they come to will be driven by their own beliefs and interests.
Obama will stick to military commissions to get desired outcomes
Gregory McNeal 08, Visiting Assistant Professor of Law, Pennsylvania State University Dickinson School of Law. The author previously served as an academic consultant to the former Chief Prosecutor, Department of Defense Office of Military Commissions, "ARTICLE: BEYOND GUANTANAMO, OBSTACLES AND OPTIONS," August 08, 103 Nw. U. L. Rev. Colloquy 29 Consistent with the theme of this Essay, I theorize that protecting intelligence equities enjoys AND will prove too alluring to the Executive, making any new forum underutilized.
Exec will inevitably choose tribunals
Gregory McNeal 08, Visiting Assistant Professor of Law, Pennsylvania State University Dickinson School of Law. The author previously served as an academic consultant to the former Chief Prosecutor, Department of Defense Office of Military Commissions, "ARTICLE: BEYOND GUANTANAMO, OBSTACLES AND OPTIONS," August 08, 103 Nw. U. L. Rev. Colloquy 29 To understand my executive forum-discretion framework, it is necessary to understand several AND for easier convictions, the Executive will choose that forum over any other.
Evidence constraints means he won’t use the plan
Gregory McNeal 08, Visiting Assistant Professor of Law, Pennsylvania State University Dickinson School of Law. The author previously served as an academic consultant to the former Chief Prosecutor, Department of Defense Office of Military Commissions, "ARTICLE: BEYOND GUANTANAMO, OBSTACLES AND OPTIONS," August 08, 103 Nw. U. L. Rev. Colloquy 29 Evidence derived from coercion also presents a challenge for reformers. Many organizations have argued AND selected individuals n111—a conclusion that presents substantial impediments to comprehensive reform.
No spillover — lack of credibility in one commitment doesn’t affect others at all
Paul K. MacDonald 11, Assistant Professor of Political Science at Williams College, and Joseph M. Parent, Assistant Professor of Political Science at the University of Miami, Spring 2011, "Graceful Decline?: The Surprising Success of Great Power Retrenchment," International Security, Vol. 35, No. 4, p. 7-44 Second, pessimists overstate the extent to which a policy of retrenchment can damage a AND up resources and signaled a strong commitment to an area of greater significance.
Sustained economic growth will vastly outpace warming—-ensures even poor countries can adapt easily
Indur M. Goklany 11, science and technology policy analyst and Assistant Director of Programs, Science and Technology Policy for the United States Department of the Interior; was associated with the Intergovernmental Panel on Climate Change off and on for 20 years as an author, expert reviewer and U.S. delegate, December 2011, "Misled on Climate Change: How the UN IPCC (and others) Exaggerate the Impacts of Global Warming," online: http://goklany.org/library/Reason20CC20and20Development202011.pdf It is frequently asserted that climate change could have devastating consequences for poor countries. Indeed, this assertion is used by the UN Intergovernmental Panel on Climate Change (IPCC) and other organizations as one of the primary justifications for imposing restrictions on human emissions of greenhouse gases. But there is an internal contradiction in the IPCC’s own claims. Indeed, the same highly influential report from the IPCC claims both that poor countries will fare terribly and that they will be much better off than they are today. So, which is it? The apparent contradiction arises because of inconsistencies in the way the IPCC assesses impacts. The process begins with various scenarios of future emissions. These scenarios are themselves predicated on certain assumptions about the rate of economic growth and related technological change. Under the IPCC’s highest growth scenario, by 2100 GDP per capita in poor countries AND sorts of scare stories about the impact of climate change on the poor. Under this highest growth scenario (known as A1FI), the poor will logically have adopted, adapted and innovated all manner of new technololgies, making them far better able to adapt to the future climate. But these improvements in adaptive capacity are virtually ignored by most global warming impact assessments. Consequently, the IPCC’s "impacts" assessments systematically overestimate the negative impact of global warming, while underestimating the positive impact.
This eliminates negative impacts of warming
Indur M. Goklany 11, science and technology policy analyst and Assistant Director of Programs, Science and Technology Policy for the United States Department of the Interior; was associated with the Intergovernmental Panel on Climate Change off and on for 20 years as an author, expert reviewer and U.S. delegate, December 2011, "Misled on Climate Change: How the UN IPCC (and others) Exaggerate the Impacts of Global Warming," online: http://goklany.org/library/Reason20CC20and20Development202011.pdf These figures also indicate that the compound effect of economic development and technological change can AND . In some instances, this combination has virtually eliminated such negative impacts. For instance, during the 20th century, deaths from various climate-sensitive waterborne AND economic growth built into emission scenarios and (b) secular technological change. No extinction from climate change NIPCC 11 – the Nongovernmental International Panel on Climate Change, an international panel of nongovernment scientists and scholars, March 8, 2011, "Surviving the Unprecedented Climate Change of the IPCC," online: http://www.nipccreport.org/articles/2011/mar/8mar2011a5.html In a paper published in Systematics and Biodiversity, Willis et al. (2010 AND to climate change (e.g. Huntingford et al., 2008)." On the other hand, they indicate that some biologists and climatologists have pointed out AND through using the vast data resource that we can exploit in fossil records." Going on to do just that, Willis et al. focus on "intervals AND very little evidence for broad-scale extinctions due to a warming world." In concluding, the Norwegian, Swedish and UK researchers say that "based on such evidence we urge some caution in assuming broad-scale extinctions of species will occur due solely to climate changes of the magnitude and rate predicted for the next century," reiterating that "the fossil record indicates remarkable biotic resilience to wide amplitude fluctuations in climate."
PRISM created a crisis of confidence — Russia is usurping US soft power
Van Herpen 7/19 (Marcel H., director of the Cicero Foundation, a pro-EU think tank. "The PRISM Scandal, the Kremlin, and the Eurasian Union," 2013, http://www.atlantic-community.org/-/the-prism-scandal-the-kremlin-and-the-eurasian-union) The PRISM scandal should serve as a wake-up call for Europe and the AND trade area, but also to face the new geopolitical challenges in Europe.
PRISM kills soft power — hypocrisy
Arkedis 13 (Jim, a Senior Fellow at the Progressive Policy Institute and was a DOD counter-terrorism analyst, "PRISM Is Bad for American Soft Power," 6/19, http://www.theatlantic.com/international/archive/2013/06/prism-is-bad-for-american-soft-power/277015/) *allies The lack of public debate, shifting attitudes towards civil liberties, insufficient disclosure, AND terrorists, it’s more likely than not that they will question Washington’s motives.
No one will cooperate with us because of our position on Palestine
Al Zedjali 11—editor in chief of the Times of Oman (Essa, US loses influence in Middle East, 10/24/11, www.gulfinthemedia.com/index.php?m=opinions26id=57798926lang=en)
Middle East today no longer looks forward to President Obama for solution of its long AND have been rattled exposing more than ever Washington’s real intentions in Middle East. This has fanned an unprecedented anti-American feeling among people and eroded America’s grip over the region. The United States is today standing on the way of history. It is a shame, a disgrace and a profanity, which is neither expected of any head of state and particularly from a Nobel laureate president who in 2009 in Cairo attempted to project himself as a redeemer saying: "Israelis must acknowledge that just as Israel’s right to exist cannot be denied, neither can Palestine’s." And if Cairo speech wasn’t enough Obama even in the United Nations on September 23, 2010 said: "When we come back here next year, we can have an agreement that will lead to a new member of the United Nations — an independent, sovereign state of Palestine, living in peace with Israel". Real face In sharp contradiction to whatever he said earlier Obama displayed the real face of the United States when he, in no uncertain terms, threatened Palestinian President Mahmoud Abbas that he would use his veto power to thwart Palestinians’ move to seek UN recognition. It was outrageous and enraged every one in Middle East, shocked the world and the broken shards of the kaleidoscope depicted incoherence of American policies in Middle East. The solidarity which Obama showed in Cairo University has now become a sham. Obama has proved that in his support for Israel and in allowing himself to become the mouthpiece of an unsavoury Jewish client he differs little from his peers. This has certainly compromised America’s position and influence in the region beyond any short term salvage. Devoid of logic and diplomatic finesse such US stand is despicable. Washington has actually been the biggest block on the way to any solution to Palestinian issue. In following a policy of insularity from the realities of the world Obama has only contributed in adding to the problem and in creating a deadlock. Obama’s abject diplomacy and his treachery against the Palestinians and Arabs have made the United AND the American saga of hubris, ineptitude, intractable ignorance and blemished thinking. Polarised He has been indeed blemished in his thinking that he could reach out to the Arabs only by means of his rhetoric and doing nothing to alleviate their status in global order. And equally so is his belief that he can get himself re-elected for the second term as the president. Analysts and political observers, not just in the United States, are clearly polarised AND have been disasters. He has failed in upholding justice across the world. Matt Strawn chairman of Iowa’s Republican Party has recently said: "On behalf of AND the Caucus process a reflection of the very best of our representative democracy". Perceptions But the central question is will the departure of Obama and Democratic rule change the US foreign policy, especially its policies in Middle East. Such a possibility appears rather remote as irrespective of who walks into the Oval Office and which party rules over the US for next four years, America will remain steadfastly supportive of Israel because of its domestic political compulsions. And these political expediencies will further debilitate US influence in Middle East. Time has changed and so has the world. Perceptions about American stand in the region have now become clearer than ever. And unless the mandarins in Washington realises the realities of the changed time the US shall soon become only a marginalised player in Middle East with little or no influence to wield.
~in AT US led peace process~
Blind support for Israel crushes the US’ ability to play a positive role in the region
Khouri 11—Director of the Issam Fares Institute of Public Policy and International Affairs at the American University of Beirut (Rami, Power and Confusion in the United States and Palestine, 10/10/11, www.middle-east-online.com/english/?id=48467)
The most dramatic window into America’s confusion, contradictions, and degraded credibility is its AND we are entering, the Palestinians are acting, and Washington is reacting. This is just one example of how the strongest power in the world also may AND be highlighted by the Palestinian move at the UN in the months ahead. The Palestinian quest for UN recognition is now widely debated across the United States, AND , rather than American Zionism, define the ground rules of diplomatic engagement.
Lack of accountability for past practices guts cred
Thomas Hilde 09, professor at the University of Maryland School of Public Policy, "Beyond Guantanamo. Restoring U.S. Credibility on Human Rights," Heinrich Böll Foundation, http://www.boell.org/downloads/hbf_Beyond_Guantanamo_Thomas_Hilde(2).pdf A second critical element for restoring credibility is accountability for the torture regime undertaken through AND this process of recalibrating federal law with international human rights will take years.
Indefinite detention is insufficient—loads of alt causes
Thomas Hilde 09, professor at the University of Maryland School of Public Policy, "Beyond Guantanamo. Restoring U.S. Credibility on Human Rights," Heinrich Böll Foundation, http://www.boell.org/downloads/hbf_Beyond_Guantanamo_Thomas_Hilde(2).pdf The first step required by law is a formal investigation of abuse. The AND , however, is that to render account involves much more than litigation.
US rights abuses are inevitable¬
Thomas Hilde 09, professor at the University of Maryland School of Public Policy, "Beyond Guantanamo. Restoring U.S. Credibility on Human Rights," Heinrich Böll Foundation, http://www.boell.org/downloads/hbf_Beyond_Guantanamo_Thomas_Hilde(2).pdf Apart from these practical issues, however, the very existence of the U AND The complexity of the current issues requires more than legal and moral accountability.
No spillover—legal and public investigations are key
Thomas Hilde 09, professor at the University of Maryland School of Public Policy, "Beyond Guantanamo. Restoring U.S. Credibility on Human Rights," Heinrich Böll Foundation, http://www.boell.org/downloads/hbf_Beyond_Guantanamo_Thomas_Hilde(2).pdf To summarize, genuine accountability is the route to lasting credibility in the wake of AND through its elected representatives are both critical elements to accountability and ultimately credibility.
9/22/13
Afghanistan Adv
Tournament: GSU | Round: 3 | Opponent: Wake CL | Judge: Cohn 1NC--Afghanistan Adv No one models US courts Mila Versteeg 13, Associate Professor at the University of Virginia School of Law. Model, Resource, or Outlier? What Effect Has the U.S. Constitution Had on the Recently Adopted Constitutions of Other Nations?, 29 May 2013, www.heritage.org/research/lecture/2013/05/model-resource-or-outlier-what-effect-has-the-us-constitution-had-on-the-recently-adopted-constitutions-of-other-nations Unsurprisingly, attempting to gauge one constitution’s “influence” on another involves various conceptual and methodological challenges. To illustrate, a highly generic constitution may be generic because others have followed its lead, because it has modeled others, or simply by coincidence. That said, if two constitutions are becoming increasingly dissimilar, by definition, one cannot be following the other. That is, neither is exerting influence on the other (at least not in a positive way). This is the phenomenon we observed in comparing the U.S. Constitution to AND These peculiarities, together with the fact that the U.S. Constitution is both old and particularly hard to amend, have led some to characterize the Constitution as simply antiquated or obsolete. Stability increasing DoD July 2013, Department of Defense, July 2013, "Report on¶ Progress Toward Security and¶ Stability in Afghanistan," http://www.defense.gov/pubs/Section_1230_Report_July_2013.pdf¶ The conflict in Afghanistan has shifted into a fundamentally new phase. For the past AND including in extremis close air ¶ support, through the end of 2014. Great power cooperation is far more likely --- they will also prevent a civil war Hadar 11—former prof of IR at American U and Mount Vernon-College. PhD in IR from American U (1 July 2011, Leon, Saving U.S. Mideast Policy, http://nationalinterest.org/commentary/saving-us-policy-the-mideast-5556) Indeed, contrary to the warning proponents of U.S. military intervention typically AND and now have a common interest in stabilizing Afghanistan and containing the rivalries. 2NC--Afghanistan Adv No modeling---their evidence is delusional Eric Black 12, former reporter for the Star Tribune and Twin Cities blogger, Some ideas to limit the ‘supremacy’ of the U.S. Supreme Court, 11/27/12, www.minnpost.com/eric-black-ink/2012/11/some-ideas-limit-supremacy-us-supreme-court It seems to be part of our national DNA. We see ourselves as so unlike the rest of the world that we have developed a semi-religious belief in what we call “American exceptionalism.” Maybe the upside is some kind of boost to our collective self-esteem. But one of the downsides is a reluctance to look around the world and see if anyone (especially not France) has a good idea from which we might benefit. Especially on democracy. AND include comparative constitutional systems around the world, said that basically, since the end of World War II, most of the world outside of Latin America came to the conclusion that the U.S. system was “pretty crazy.”
Countries don't model the US for multiple reasons that the aff doesn't deal with---every region has different models to look to Andrew Moravcsik 5, Professor of Politics at Princeton, Newsweek, p. Lexis The truth is that Americans are living in a dream world. Not only do AND and legal system are out of step with the rest of the world. Afghanistan is stabilizing Fite et al 12 (Brandon Fite, Varun Vira, Erin Fitzgerald, a report of the csis burke chair in strategy, “Competition in Afghanistan, Central Asia, and Pakistan”, 3/13, http://csis.org/files/publication/120312_Iran_Chapter_X_AfPakCentAsia_AHC.pdf) There are some positive signs, ISAF has achieved tactical successes in the south, AND decided to reject a Memorandum of Understanding on military cooperation proposed by Iran. China will get countries on board to stabilize the region Reuters 12 (Myra MacDonald, “Amid Afghan gloom, a glimmer of hope on regional front”, 3/12, http://blogs.reuters.com/pakistan/2012/03/03/amid-afghan-gloom-a-glimmer-of-hope-on-regional-front/) China, whose help has long been sought by the administration of President Barack Obama AND a potentially strong and pragmatic partner in helping to shepherd a political settlement.
Regional politics have changed – cooperation is more likely than proxy war Reuters 12 (Myra MacDonald, “Amid Afghan gloom, a glimmer of hope on regional front”, 3/12, http://blogs.reuters.com/pakistan/2012/03/03/amid-afghan-gloom-a-glimmer-of-hope-on-regional-front/) ISTANBUL PROCESS Of the other regional powers with a stake in Afghanistan, Russia has AND nothing else but because all countries involved have an interest in Afghan stability.
9/22/13
Court Capital DA
Tournament: GSU | Round: 3 | Opponent: Wake CL | Judge: Cohn 1NC--Court Capital DA The Court will maintain Affirmative Action in the Schuette decision now Scott Lemieux, Poly Sci Prof @ St. Rose, 7-9-2013, “Affirmative Action's Ominous Future,” Prospect, http://prospect.org/article/affirmative-actions-ominous-future In fact, it's hard to imagine an existing program in higher education the current AND more, hopefully awaiting a more favorable Court majority in the near future. Executive is key – perception of Executive reaction weighs heavily on the Court’s decisions. Barry Friedman, December 2005, “The Politics of Judicial Review,” Texas Law Review, 84 Tex. L. Rev. 257, December 2005, Lexis Even a quick glance at history, however, suggests that there is something to AND time were enactments of an earlier (more liberal, Democratic) Congress. Ruling on the aff trades off with the court’s willingness to anger the same constituency – they’d issue a make up call on Aff Action Peretti 1 - Terri Jennings Peretti, Professor of Political Science at Santa Clara University, 2001, In Defense of a Political Court, p. 152-153 To the degree that a justice cares deeply about her policy goals, she will AND of political sanc¬tions against the Court that might foreclose all future policy options. The school desegregation cases illustrate these points quite nicely. The Court could not pursue AND opinion or of worrying only about deriving a decision from the Framers' intentions. Affirmative action is crucial to military readiness Julie W. Becton Jr, Lt. Gen., 2-19-2003, “Amicus Curiae Brief,” http://www.vpcomm.umich.edu/admissions/legal/gru_amicus-ussc/um/MilitaryL-both.pdf The modern American military candidly acknowledges the critical link between minority officers and military readiness AND resolve to do what is necessary and effective to integrate the officer corps. Readiness solves nuclear war Robert Kagan, senior fellow @ Carnegie, 7-19-2007, “End of Dreams, Return of History,” http://www.hoover.org/publications/policyreview/8552512.html The jostling for status and influence among these ambitious nations and would-be nations AND between them less likely, or it could simply make them more catastrophic.
1NR—Court Capital turns Middle East Brzezinski 12 (Zbigniew, US National Security Advisor to Jimmy Carter, Professor of American Foreign Policy at Johns Hopkins University School of Advanced International Studies, scholar at CSIS, Jan/Feb 2012, "8 Geopolitically Endangered Species," www.foreignpolicy.com/articles/2012/01/03/8_geopolitically_endangered_species?page=0,7) 8. ISRAEL and the GREATER MIDDLE EAST America's decline would set in motion tectonic AND extremism; a worldwide energy crisis; vulnerability of America's Persian Gulf allies. Heg solves Afghanistan instability Brzezinski 12 (Zbigniew, US National Security Advisor to Jimmy Carter, Professor of American Foreign Policy at Johns Hopkins University School of Advanced International Studies, scholar at CSIS, Jan/Feb 2012, "8 Geopolitically Endangered Species," www.foreignpolicy.com/articles/2012/01/03/8_geopolitically_endangered_species?page=0,7) 6. AFGHANISTAN Devastated by nine years of brutal warfare waged by the Soviet Union AND a proxy war between India and Pakistan; a haven for international terrorism.
Schuette decision is key to all affirmative action Scott Lemieux, Poly Sci Prof @ St. Rose, 7-9-2013, “Affirmative Action's Ominous Future,” Prospect, http://prospect.org/article/affirmative-actions-ominous-future One thing the three most anticipated cases of the recently completed Supreme Court had in AND , may prove to be the big stick that finally dismantles the system. U.S. hegemonic decline causes global great-power war, collapses trade and spreads economic nationalism and protectionism Zhang and Shi 11 – Yuhan Zhang, researcher at the Carnegie Endowment for International Peace; Lin Shi, Columbia University, independent consultant for the Eurasia Group and consultant for the World Bank, January 22, 2011, “America’s decline: A harbinger of conflict and rivalry,” East Asia Forum, online: http://www.eastasiaforum.org/2011/01/22/americas-decline-a-harbinger-of-conflict-and-rivalry/ Over the past two decades, no other state has had the ability to seriously challenge the US military. Under these AND anti-globalisation barriers. This, at least, is one possibility we can forecast in a future that will inevitably be devoid of unrivalled US primacy.
Justices make decisions according to a zero-sum model of political capital – They think aggressive rulings trade off---and they don’t think that issuing several decisions can build capital, so no risk of a turn Young 99 – Ernest A. Young, Assistant Professor at the University of Texas School of Law, 1999, “ARTICLE: State Sovereign Immunity and the Future of Federalism,” Supreme Court Review, 1999 Sup. Ct. Rev. 1, p. lexis
The opportunity cost of immunity rulings. The first reason, and the AND extension of Lopez may do more good than another expansion of Seminole Tribe. "Political capital," of course, is a pretty vague concept. It might AND function as an internal constraint on the Court's willingness repeatedly to confront Congress. Best political science studies vote neg Grosskopf and Mondak 98 – Anke Grosskopf, Professor of Political Science at the University of Pittsburgh, and Jeffrey Mondak, Professor of Political Science at the University of Illinois, September 1998, Political Research Quarterly, Vol. 51, No. 3, p. 635 The existence of a strong link between basic values and diffuse support does not necessarily AND to Supreme Court decisions affects institutional support may shape what answer we find. Justices will switch their votes based on perceived loss of capital – justices often flip their votes in conference after the case is heard Baker 4 – Thomas E. Baker, Professor at the Florida International University College of Law, 2004, “A Primer on Supreme Court Procedures,” online: http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_scprimer.authcheckdam.pdf All documents and briefs are matters of public record. Oral arguments, conversational debates AND , thus shifting the ultimate outcome 180 degrees in a closely decided case.
Vote-switching is driven by political capital concerns---even if it looks like the Court will rule one way after oral arguments, loss of capital can flip it---also proves uniqueness can’t overwhelm the link Cole 99 David Cole, Prof of Law @ Georgetown, 1999 (17 Cardozo Arts and Ent LJ 705) However, the majority disagreed with our characterization of the statute as viewpoint discriminatory. AND as meaningless, which allowed the majority to avoid confronting the constitutional question. Political science data confirms---the Court’s perception of losing capital substantially reduces the chances of more controversial decisions in the same area Mondak 91 – Jeffrey Mondak, the James M. Benson Chair in Public Issues and Civic Leadership in the Department of Political Science at the University of Illinois, April 1991, “Substantive and Procedural Aspects of Supreme Court decisions as Determinants of Institutional Approval,” American Politics Quarterly, Vol. 19, No. 2, p. 185 The impact of the content of Supreme Court rulings has important ramifications for the future credibility of the Court. AND that the Court has been able to preserve its institutional credibility, whether deliberately or coincidentally, by minimizing rulings likely to prompt hostile public reaction. Loss of capital means the Court will switch its vote even on legally similar rulings---they won’t challenge the government twice Young 4 – Ernest A. Young, the Judge Benjamin Harrison Powell Professor of Law at the University of Texas, Austin, November 2004, “The Rehnquist Court’s Two Federalisms,” Texas Law Review, 83 Tex. L. Rev. 1, p. lexis Many of these observations support the notion that the federal courts in general - and AND , in essence, force the Court to pick its battles more carefully. Finite institutional capital - and limits on judicial efficacy more generally - is important to AND based strategy, it may need to back off on state sovereignty. n481 Court capital’s finite---it’s about the number of decisions that the Justices think risk their capital Heise 2K – Michael Heise, Professor of Law, Case Western Reserve University, 2000, “SYMPOSIUM: EDUCATION AND THE CONSTITUTION: SHAPING EACH OTHER AND THE NEXTCENTURY: Preliminary Thoughts on the Virtues of Passive Dialogue,” Akron Law Review, 34 Akron L. Rev. 73, p. lexis Professor Paul Tractenberg, long active in the New Jersey school finance litigation, n81 AND and valuable "political capital." n83 He goes on to note that: There are only so many times that the court the New Jersey Supreme Court can be portrayed as the dictatorial villain forcing the State to do, in the name of a constitutional mandate, what a majority of its citizens disfavor before judicial credibility is undermined. n84 Judges make decisions strategically---they don’t just decide the facts of each case in isolation Friedman 5 – Barry Friedman, the Jacob D. Fuchsberg Professor of Law, New York University School of Law, December 2005, “Article: The Politics of Judicial Review,” Texas Law Review, 84 Tex. L. Rev. 257, p. lexis
The Attitudinal Model. - The central tenet of the attitudinal model is AND as race, gender, and prior occupation) n78 to law itself. Attitudinalists claim an enormous degree of success in their predictive endeavor, especially with regard AND , ideology turns out to be a significant determinant of judicial behavior. n83 Virtually all positive scholars agree with attitudinalists that ideology plays an important role in the AND judges must calculate what others will do and adjust their behavior accordingly." n87
No aff link offense – Negative reactions to Court decisions are far more intense---nobody gets fired up over good decisions Friedman 5 – Barry Friedman, the Jacob D. Fuchsberg Professor of Law, New York University School of Law, December 2005, “Article: The Politics of Judicial Review,” Texas Law Review, 84 Tex. L. Rev. 257, p. lexis The critical question thus becomes how deep the Court's diffuse support among the general public AND in some directions, such as with regard to the First Amendment. n394 Although the Court's degree of freedom of movement around public opinion may not be certain AND opinion and the Court regularly advise it to keep a low profile. n398 Abrupt nature of the plan guarantees the link Marshall 2 William Marshall, prof of law @ UNC, Fall 2002 (73 U. Colo. L. Rev. 1217) It might also be argued that the judicial activism question is misguided because judicial activism AND evaluating the deciding court's methodology. Activism is a part of that inquiry. Politically controversial decisions are zero-sum Frank B. Cross, Law Prof @ Duke, Dec. 1998, 48 Duke L. J. 511, “The Justices of Strategy,” p ln More persuasive is Epstein and Knight's discussion of the Justices' amorphous concern for the Court's AND may follow that public pressure has a measurable influence on Supreme Court strategy. The court perceives the risk – the plan trades off with other judicial decisions Ernest A. Young, Prof of Law at UT Austin, November 2004, “The Rehnquist Court's Two Federalisms,” 83 Tex. L. Rev. 1, ln Whether or not Alexander Hamilton was right to call the judiciary the "least dangerous AND our expectations (or fears) of what judicial federalism doctrine can accomplish.
Court doesn’t want to rule on SOP or war powers issues – too politically charged James M. Lindsay, 4-5-2011, "The Water's Edge: Is Operation Odyssey Dawn Constitutional? Part V," Council on Foreign Relations - The Water's Edge, http://blogs.cfr.org/lindsay/2011/04/05/is-operation-odyssey-dawn-constitutional-part-v/ Most Americans think of the Supreme Court as the legal equivalent of a baseball umpire. In their view, the Court’s job is to call legal balls and strikes, and thereby tell us what the law is. So why then is the question of whether presidents can initiate military hostilities so hotly debated? It turns out that the Supreme Court does not see its job as most AND branches—Congress and the president—should decide the country’s future course. War powers debates are seen as contentious – court doesn’t want to get involved Robert McMahon, ed. Council on Foreign Relations, 6-20-2011, "Balance of War Powers: The U.S. President and Congress," http://www.cfr.org/united-states/balance-war-powers-us-president-congress/p13092 The U.S. Constitution gives Congress and the president different responsibilities in waging AND in war powers cases and the burden on Congress to change presidential action.
No impact to global drone prolif and it’s impossible to solve
Alejandro Sueldo 12, J.D. candidate and Dean’s Fellow at the University of California, Berkeley, School of Law and a PhD candidate at the Department of War Studies at King’s College London of the University of London, 4/11/12, and#34;The coming drone arms race,and#34; http://dyn.politico.com/printstory.cfm?uuid=70B6B991-ECA7-4E5F-BE80-FD8F8A1B5E90 Of particular concern are the legal and policy challenges posed if other states imitate the U.S. targeted killing program. For Washington is setting a precedent whereby states can send drones, often over sovereign borders, to kill foreigners or their own citizens, who are deemed threats. Other states may also follow Washington’s example and develop their own criteria to define imminent threats and use drones to counter them. Washington will find it increasingly difficult to protest other nations’ targeted killing programs — particularly when the United States has helped define this lethal practice. U.S. opposition will prove especially difficult when other states justify targeted killings as a matter of domestic affairs. Should enough states follow the U.S. example, the practice of preemptively targeting and killing suspected threats may develop into customary international law. Such a norm, however, which requires consistent state practice arising out of a sense of legal obligation, now looks unlikely. While targeted killing policies are arguably executed by states citing a legal obligation to protect themselves from imminent threats, widespread state practice is still uncommon. But international law does not forbid drones. And given the lack of an international regime to control drones, state and non-state actors are free to determine their future use. This lack of international consensus about how to control drones stems from a serious contradiction in incentives. Though drones pose grave challenges, they also offer states lethal and non-lethal capabilities that are of great appeal. Because the potential for drone technology is virtually limitless, states are now unwilling to control how drones evolve.
No risk of drone wars
Joseph Singh 12, researcher at the Center for a New American Security, 8/13/12, and#34;Betting Against a Drone Arms Race,and#34; http://nation.time.com/2012/08/13/betting-against-a-drone-arms-race/~~23ixzz2eSvaZnfQ In short, the doomsday drone scenario Ignatieff and Sharkey predict results from an excessive focus on rapidly-evolving military technology. Instead, we must return to what we know about state behavior in an anarchistic international order. Nations will confront the same principles of deterrence, for example, when deciding to launch a targeted killing operation regardless of whether they conduct it through a drone or a covert amphibious assault team. Drones may make waging war more domestically palatable, but they don’t change the very serious risks of retaliation for an attacking state. Any state otherwise deterred from using force abroad will not significantly increase its power projection on account of acquiring drones. What’s more, the very states whose use of drones could threaten U.S. security – countries like China – are not democratic, which means that the possible political ramifications of the low risk of casualties resulting from drone use are irrelevant. For all their military benefits, putting drones into play requires an ability to meet the political and security risks associated with their use. Despite these realities, there remain a host of defensible arguments one could employ to discredit the Obama drone strategy. The legal justification for targeted killings in areas not internationally recognized as war zones is uncertain at best. Further, the short-term gains yielded by targeted killing operations in Pakistan, Somalia and Yemen, while debilitating to Al Qaeda leadership in the short-term, may serve to destroy already tenacious bilateral relations in the region and radicalize local populations. Yet, the past decade’s experience with drones bears no evidence of impending instability in the global strategic landscape. Conflict may not be any less likely in the era of drones, but the nature of 21st Century warfare remains fundamentally unaltered despite their arrival in large numbers.
No Indo-Pak conflict- energy cooperation and new governance
Sam Tranum 6/25/13, MA from the University of Chicago in IR and a journalist covering energy and politics in South Asia, 6/25/13, and#34;India-Pakistan Energy Cooperation Could Get Boost Under Sharif,and#34; World Politics Review, http://www.worldpoliticsreview.com/articles/13049/india-pakistan-energy-cooperation-could-get-boost-under-sharif Pakistani and Indian officials met earlier this month to discuss cross-border energy cooperation AND bit more might help to normalize relations and make future conflicts less likely.
Obama is prioritizing capture over drone strikes now
David Corn 13, Washington Bureau Chief at Mother Jones, 5/23/13, "Obama’s Counterterrorism Speech: A Pivot Point on Drones and More?," http://www.motherjones.com/mojo/2013/05/obama-speech-drones-civil-liberties So Obama’s speech Thursday on counterterrorism policies—which follows his administration’s acknowledgment yesterday that AND 11 period. That journey, though, may be a long one.
Restricting detention policies means we kill
Jack Goldsmith 09, a professor at Harvard Law School and a member of the Hoover Institution Task Force on National Security and Law, assistant attorney general in the Bush administration, 5/31/09, "The Shell Game on Detainees and Interrogation," http://www.washingtonpost.com/wp-dyn/content/article/2009/05/29/AR2009052902989.html The cat-and-mouse game does not end there. As detentions at AND help the terrorists. But it does make us feel better about ourselves.
Increased drone use sets a precedent that causes South China Sea conflict
Roberts 13 (Kristen, News Editor at National Journal, "When the Whole World Has Drones", 3/22/13, http://www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321) And that’s a NATO ally seeking the capability to conduct missions that would run afoul AND lead somebody to be subject for an engagement by the United States government."
South China Sea conflicts cause extinction
Wittner 11 (Lawrence S. Wittner, Emeritus Professor of History at the State University of New York/Albany, Wittner is the author of eight books, the editor or co-editor of another four, and the author of over 250 published articles and book reviews. From 1984 to 1987, he edited Peace 26 Change, a journal of peace research., 11/28/2011, "Is a Nuclear War With China Possible?", www.huntingtonnews.net/14446) While nuclear weapons exist, there remains a danger that they will be used. AND —destroying agriculture, creating worldwide famine, and generating chaos and destruction.
The President of the United States should issue an executive order clarifying that offensive cyber operations presumptively rely on covert action authority and, unless being conducted as part of a conflict already authorized by Congress, require classified ex ante reports to congressional intelligence committees or the “Gang of Eight” whenever possible. When ex ante reports are not possible, the President must submit a timely ex post report with an explanation for the necessity of the delay.
Counterplan is the best middle ground --- solves oversight and legal legitimacy of cyberattacks while preserving presidential flexibility --- doesn’t link to politics
Brecher 12 Aaron Brecher is a JD candidate @ the University of Michigan Law School. “Cyberattacks and the Covert Action Statute: Toward a Domestic Legal Framework for Offensive Cyberoperations,” December, 111 Mich. L. Rev. 423, Lexis This Part argues that the federal government should adopt the presumption that cyberattacks will be AND cyberattack context are too great to be left to the president alone. n156
2NC
Russia blocks, the U.S. has no influence
Tim Stevens 12, Associate for the Centre for Science and Security Studies and an Associate Fellow of the International Centre for the Study of Radicalisation and Political Violence, PhD candidate @ King’s College London, MA in War Studies, “A Cyberwar of Ideas? Deterrence and Norms in Cyberspace,” Contemporary Security Policy, Vol. 33, Iss. 1, Apr. 13, Taylor and Francis Online The United States is positioning itself as a global norm entrepreneur but it is by AND norm of retaliatory punishment may prove to be a powerful deterrent in itself.
10/10/13
Drones Adv
Tournament: GSU | Round: 8 | Opponent: Michigan HM | Judge: Najor 1NC Drone Wars Adv No risk of drone wars Joseph Singh 12, researcher at the Center for a New American Security, 8/13/12, “Betting Against a Drone Arms Race,” http://nation.time.com/2012/08/13/betting-against-a-drone-arms-race/#ixzz2eSvaZnfQ In short, the doomsday drone scenario Ignatieff and Sharkey predict results from an excessive focus on rapidly-evolving military technology. AND the nature of 21st Century warfare remains fundamentally unaltered despite their arrival in large numbers.
No Indo-Pak conflict- energy cooperation and new governance Sam Tranum 6/25/13, MA from the University of Chicago in IR and a journalist covering energy and politics in South Asia, 6/25/13, and#34;India-Pakistan Energy Cooperation Could Get Boost Under Sharif,and#34; World Politics Review, http://www.worldpoliticsreview.com/articles/13049/india-pakistan-energy-cooperation-could-get-boost-under-sharif Pakistani and Indian officials met earlier this month to discuss cross-border energy cooperation AND bit more might help to normalize relations and make future conflicts less likely. No Indo-Pak miscalc Amit Ranjan 12 -- PhD student in South Asian studies at the Jawaharlal Nehru University with a Masterand#39;s degree from the University of Delhi, specializes in Indian internal security and foreign policy, 5/21/12, and#34;Nuclear Weapons Still Shape India-Pakistan Relations,and#34; http://atlanticsentinel.com/2012/05/nuclear-weapons-still-shape-india-pakistan-relations/
The two countries have taken many measures to prevent accidental use of their atomic weapons AND Abdul Qadeer Khan, the father of Pakistan’s nuclear weapons program, had. No China or Russia modeling-~--won’t use drones against Chechens or Uighurs because of international law Michael W. Lewis 11, teaches international law and the law of war at Ohio Northern University School of Law. October 17th, 2011, and#34;Unfounded Drone Fears,and#34; Los Angeles Times, articles.latimes.com/2011/oct/17/opinion/la-oe--lewis-drones-20111017 Myth 3: The U.S. use of drones in cases such as AND on most modern battlefields and are particularly unsuited to use by terrorist organizations. 2NC Drone prolif No impact to accidental launch Slocombe 9—Frmr Under Secretary of Defense for Policy; Caplin and Drysdale Attorneys (Walter, De-Alerting: Diagnoses, Prescriptions, and Side-Effects, http://www.ewi.info/system/files/Slocombe.pdf) Moreover, in recent years, both the US and Russia, as well as AND , a highly capable and highly survivable command and control system is essential. No chance of Chinese accidental launch Busch 2K (Nathan What the Proliferation Debate Has Ignored, 3-18, http://www.arches.uga.edu/~nbusch/ISApaper.pdf) Given China’s current deployment procedures, it is considered unlikely that China will accidentally launch AND there is virtually no chance of any typical accidental-launch scenario occurring.
No accidental war Ryabikhin et al 9 Dr. Leonid Ryabikhin, expert of the Russian Science Committee for Global Security, General (Ret.) Viktor Koltunov, Dr. Eugene Miasnikov, June 2009, “De-alerting: Decreasing the Operational Readiness of Strategic Nuclear Forces,” http://www.ewi.info/system/files/RyabikhinKoltunovMiasnikov.pdf The issue of the possibility of an “accidental” nuclear war itself is hypothetical AND 5 the United States have developed proper measures to observe the agreed requirements.
Communications check Ford 8 Christopher, Senior Fellow at the Hudson Institute in Washington, D.C. former U.S. Special Representative for Nuclear Nonproliferation and former Principal Deputy Assistant Secretary of State for Verification, Compliance, and Implementation “Dilemmas of Nuclear Force ‘De-Alerting,’” http://www.hudson.org/files/documents/De-Alerting20FINAL22028229.pdf The United States and Russia have also worked for years to improve communications, reduce AND of impending U.S. belligerence vis-à-vis Russia. Drones will only ever be used in highly permissive environments that lack air defense Michael W. Lewis 12, Associate Professor of Law at Ohio Northern University Pettit College of Law, Spring 2012, “ARTICLE: SYMPOSIUM: THE 2009 AIR AND MISSILE WARFARE MANUAL: A CRITICAL ANALYSIS: Drones and the Boundaries of the Battlefield,” Texas International Law Journal, p. lexis Like any weapons system drones have significant limitations in what they can achieve. Drones AND could severely degrade drone operations if it did not defeat them entirely. n25 These twin vulnerabilities to manned aircraft and signal disruption could be mitigated with massive expenditures AND for drone use will most often be found in counterinsurgency or counterterrorism operations. Syria proves no drone wars-~--they’re useless against any adversary with an air defense system Audrey Kurth Cronin 9-2, Professor of Public Policy at George Mason University, 9/2/13, “Drones Over Damascus,” http://www.foreignaffairs.com/articles/139889/audrey-kurth-cronin/drones-over-damascus For the past four years, Americans have been preoccupied with drone technology as a AND if it plans to keep intervening in murky conflicts in the Middle East.
No global drone wars-~--political hurdles to their use will grow alongside capabilities Michael Aaronson 13, Professorial Research Fellow and Executive Director of cii – the Centre for International Intervention – at the University of Surrey, and Adrian Johnson, Director of Publications at RUSI, the book reviews editor for the RUSI Journal, and chair of the RUSI Editorial Board, “Conclusion,” in Hitting the Target?: How New Capabilities are Shaping International Intervention, ed. Aaronson and Johnson, http://www.rusi.org/downloads/assets/Hitting_the_Target.pdf There is certainly the risk that widespread adoption of armed drones could provide more states AND end, the changes on each side of the equation may balance out. Multiple factors prove NO WAR Mutti 9— Master’s degree in International Studies with a focus on South Asia, U Washington. BA in History, Knox College. over a decade of expertise covering on South Asia geopolitics, Contributing Editor to Demockracy journal (James, 1/5, Mumbai Misperceptions: War is Not Imminent, http://demockracy.com/four-reasons-why-the-mumbai-attacks-wont-result-in-a-nuclear-war/, AG)
Fearful of imminent war, the media has indulged in frantic hand wringing about Indian AND and is using its regional influence to bring more diplomatic pressure on Pakistan.
Every qualified assessment goes neg Bruce Loudon 8, South Asia correspondent for The Australian, 12-4, 2008, “Doomsday Dread,” The Australian, online: http://www.theaustralian.news.com.au/story/0,25197,24746635-25837,00.html It is, it must be said, an unlikely prospect. No one in either capital -- even among the hotheads -- is AND On both sides there is a mood of extreme caution on the subject of any possible use of nuclear weapons, matched only by the intense secrecy that surrounds their arsenals.
The Executive branch of the United States should make necessary adjustments to its targeted killing policy to ensure compliance with relevant domestic and international law, including principles of necessity, distinction, and proportionality. The Executive branch should publicly articulate its legal rationale for its targeted killing policy, including the process and safeguards in place for target selection.
The CP’s the best middle ground—-preserves the vital counter-terror role of targeted killings while resolving all their downsides
Daniel Byman 13, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, July/August 2013, and#34;Why Drones Work,and#34; Foreign Affairs, Vol. 92, No. 4 Despite President Barack Obama’s recent call to reduce the United States’ reliance on drones, AND , and with fewer civilian casualties than many alternative methods would have caused. Critics, however, remain skeptical. They claim that drones kill thousands of innocent AND comparatively low-risk way of targeting these areas while minimizing collateral damage. So drone warfare is here to stay, and it is likely to expand in AND drone warfare risks dragging the United States into conflicts it could otherwise avoid.
2NC
CP Solvency---2NC Disclosing target criteria builds diplomatic credibility, enacts domestic accountability, and doesn’t link to the terror disad Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 Related to defending the process, and using performance data is the possibility that the AND better diplomatic footing, and would certainly engender mechanisms of domestic political accountability.
Strongly err neg---their authors don’t understand how thorough and effective inter-executive mechanisms are---adding transparency’s clearly sufficient Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 To date scholars have lacked a thorough understanding of the U.S. government’s AND legal theory, and constrained scholarly discourse on a matter of public import. This article is a necessary corrective to the public and scholarly debate. It has AND independent review can enhance the already robust accountability mechanisms embedded in current practice.
AT: Perm Do Both The counterplan alone is key to effective drone operations---the permutation sends the signal that the rest of the government sides with critics of drones over the executive---that delegitimizes drones and collapses the program Kenneth Anderson 10, Professor of International Law at American University, 3/8/10, “Predators Over Pakistan,” The Weekly Standard, http://www.weeklystandard.com/print/articles/predators-over-pakistan Obama deserves support and praise for this program from across the political spectrum. More than that, though, the drone strikes need an aggressive defense against increasingly vocal critics who are moving to create around drone warfare a narrative of American wickedness and cowardice and of CIA perfidy. Here the administration has dropped the ball. It has so far failed to provide a robust affirmation of the propositions that underwrite Predator drone warfare. Namely: n Targeted killings of terrorists, including by Predators and even when the targets are American citizens, are a lawful practice; n Use of force is justified against terrorists anywhere they set up safe havens, including in states that cannot or will not prevent them; n These operations may be covert—and they are as justifiable when the CIA is tasked to carry them out secretly as when the military does so in open armed conflict. n All of the above fall within the traditional American legal view of “self-defense” in international law, and “vital national security interests” in U.S. domestic law. There are good reasons for Republicans and centrist Democrats to make common cause in defending AND view of domestic and international law for future administrations, Democratic and Republican. At the same time, congressional Republicans and centrist Democrats need to put Obama’s senior AND with hedged and narrow legal rationales from which they can later walk away. Consider, for instance, the diffidence of Harold Koh, the legal adviser of AND , and other agencies directly conducting these activities as somewhat less than reassuring. In fact, the administration’s top lawyers should offer a public legal defense of its AND S. government and will be publicly defended as such by their superiors. Even as the Obama administration increasingly relies on Predator strikes for its counterterrorism strategy, AND at stigmatizing the use of Predators as both illegal and a coward’s weapon. Stigmatizing the technology and the practice of targeted killing is only half of it, AND —either as law enforcement or as armed conflict conducted by uniformed military. The Obama administration is complacent about this emerging “international soft law” campaign. AND spun by the interlocking international “soft law” community and global media. It’s a mistake to remain oblivious to either the sense or the sensibility. Outside AND United States, or abroad in Europe, or at the United Nations? The Obama administration assumes that it uniquely sets the terms of legal legitimacy and has AND Here’s the thumbnail version of drone warfare, as portrayed in the media.
Presidential commitments are credible internationally Marvin Kalb 13, Nonresident Senior Fellow at Foreign Policy, James Clark Welling Presidential Fellow, The George Washington University Edward R. Murrow Professor of Practice (Emeritus), Kennedy School of Government, Harvard University, 2013, and#34;The Road to War,and#34; book,pg. 7-8, www.brookings.edu//media/press/books/2013/theroadtowar/theroadtowar_samplechapter.pdf As we learned in Vietnam and in the broader Middle East, a presidential commitment AND standard, even if the gold does not glitter as once it did.
Presidential leadership key to legitimize drone policy toward Pakistan Peter Singer 13, director of the 21st Century Defense Initiative at the Brookings Institution, and Thomas Wright, fellow in the Managing Global Order project.Obama, own your secret wars, 17 Feb 2013, www.nydailynews.com/opinion/obama-secret-wars-article-1.1265620?print Irony pervades President Obama’s place in foreign policy today. He won the Nobel Peace AND new world with our heads held high and our voice loud and clear.
Internal executive procedures solve the case-~--particularly credibility and perception Jeh Johnson 13, former Pentagon General Counsel, 3/18/13, “Keynote address at the Center on National Security at Fordham Law School: A “Drone Court”: Some Pros and Cons,” http://www.lawfareblog.com/2013/03/jeh-johnson-speech-on-a-drone-court-some-pros-and-cons/ What is my alternative prescription? I offer three things: First, continued efforts at transparency, as an important government interest in and of AND American values are not trade-offs, and can co-exist.
Executive restraint can obviously limit the geographic scope of drone missions Daniel Byman 13, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, July/August 2013, “Why Drones Work,” Foreign Affairs, Vol. 92, No. 4 The U.S. government also needs to guard against another kind of danger AND smart policy, but sending U.S. drones there is not.
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Self restraint solves better than the aff Adrian Vermeule 7, Harvard law prof - AND - Eric Posner - U Chicago law, The Credible Executive, 74 U. Chi. L. Rev. 865 As we noted earlier, legal scholars rarely note the problem of executive credibility, AND president’s actions than do the reactions of the other branches of the government.
The counterplan utilizes internal separations of power-~--the functional result is the same as the aff Nathan Sales 12, Assistant Professor of Law, George Mason, Self-Restraint and National Security, JOURNAL OF NATIONAL SECURITY LAW and POLICY, 6:227 As we’ve seen, certain officials within military and intelligence agencies – general counsels, AND impose self-restraints that are stricter than the applicable laws. Why? One way to answer that question is to consider the individual and institutional incentives that AND building by officials who review operations for compliance with domestic and international law. A. A Simple Framework One possible explanation for why the government stays its own hand is expected value asymmetry AND that they regard as lawful because of fears they will prove too costly.
Won’t be overturned by future presidents Branum 2 -~-- Associate, Fulbright and Jaworski L.L.P., Houston, Texas. J.D. University of Texas; Austin (Tara L., Journal of Legislation, “PRESIDENT OR KING? THE USE AND ABUSE OF EXECUTIVE ORDERS IN MODERN-DAY AMERICA,” 28 J. Legis. 1) Congressmen and private citizens besiege the President with demands *58 that action be AND own peril. This is not the way it is supposed to be. XOs are functionally binding on future administrations Duncan 10, Associate Professor of Law at Florida AandM, Winter 2010 (John C., “A Critical Consideration of Executive Orders,” 35 Vt. L. Rev. 333, Lexis) Executive orders can serve the purpose of allowing the President to generate favorable publicity, AND serves to satisfy selected constituencies without giving them undue power via the presidency. Executive orders have even served to create presidential commissions to investigate and research problems, AND and health.and#34; n496 This report led to the Social Security Act. n497
Congressional overturn is functionally impossible Megan Covington 12, School of Engineering, Vanderbilt University, Executive Legislation and the Expansion of Presidential Power, ejournals.library.vanderbilt.edu/index.php/vurj/article/download/.../1738 In actuality, however, Congress is generally unwilling or unable to respond to the AND his power in such a way as to earner opposition from both parties.
Counterplan causes congressional follow-on -~-- solves the whole aff but avoids politics Duncan 10, Associate Professor of Law at Florida AandM, Winter 2010 (John C., “A Critical Consideration of Executive Orders,” 35 Vt. L. Rev. 333, Lexis) Executive orders can serve the purpose of allowing the President to generate favorable publicity, AND serves to satisfy selected constituencies without giving them undue power via the presidency. Executive orders have even served to create presidential commissions to investigate and research problems, AND and health.and#34; n496 This report led to the Social Security Act. n497 The PC differential between the plan and the counterplan is tangible William Howell 5, Harvard University, The Last One Hundred Days, users.polisci.wisc.edu/kmayer/Professional/Last2010020Days.pdf In our estimation, this misconstrues things. By ignoring important policy options outside of AND leave it to the incoming administration to try and steer an alternative course. Specific to Obama Anita Kumar 13, McClatchy Newspapers. Obama turning to executive power to get what he wants, www.mcclatchydc.com/2013/03/19/186309/obama-turning-to-executive-power.html#.UiPy2zaTg0Y Now, as he launches his second term, Obama has grown more comfortable wielding AND “The Cult of the Presidency: America’s Dangerous Devotion to Executive Power.”
The Executive branch of the United States should make necessary adjustments to its targeted killing policy to ensure compliance with relevant domestic and international law, including principles of necessity, distinction, and proportionality. The Executive branch should publicly articulate its legal rationale for its targeted killing policy, including the process and safeguards in place for target selection. The CP’s the best middle ground---preserves the vital counter-terror role of targeted killings while resolving all their downsides Daniel Byman 13, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, July/August 2013, “Why Drones Work,” Foreign Affairs, Vol. 92, No. 4 Despite President Barack Obama's recent call to reduce the United States' reliance on drones, AND , and with fewer civilian casualties than many alternative methods would have caused. Critics, however, remain skeptical. They claim that drones kill thousands of innocent AND comparatively low-risk way of targeting these areas while minimizing collateral damage. So drone warfare is here to stay, and it is likely to expand in AND drone warfare risks dragging the United States into conflicts it could otherwise avoid.
2NC
Disclosing target criteria builds diplomatic credibility, enacts domestic accountability, and doesn’t link to the terror disad Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 Related to defending the process, and using performance data is the possibility that the AND better diplomatic footing, and would certainly engender mechanisms of domestic political accountability.
Strongly err neg---their authors don’t understand how thorough and effective inter-executive mechanisms are---adding transparency’s clearly sufficient Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 To date scholars have lacked a thorough understanding of the U.S. government’s AND legal theory, and constrained scholarly discourse on a matter of public import. This article is a necessary corrective to the public and scholarly debate. It has AND independent review can enhance the already robust accountability mechanisms embedded in current practice.
flow
The counterplan alone is key to effective drone operations---the permutation sends the signal that the rest of the government sides with critics of drones over the executive---that delegitimizes drones and collapses the program Kenneth Anderson 10, Professor of International Law at American University, 3/8/10, “Predators Over Pakistan,” The Weekly Standard, http://www.weeklystandard.com/print/articles/predators-over-pakistan Obama deserves support and praise for this program from across the political spectrum. More than that, though, the drone strikes need an aggressive defense against increasingly vocal critics who are moving to create around drone warfare a narrative of American wickedness and cowardice and of CIA perfidy. Here the administration has dropped the ball. It has so far failed to provide a robust affirmation of the propositions that underwrite Predator drone warfare. Namely: n Targeted killings of terrorists, including by Predators and even when the targets are American citizens, are a lawful practice; n Use of force is justified against terrorists anywhere they set up safe havens, including in states that cannot or will not prevent them; n These operations may be covert—and they are as justifiable when the CIA is tasked to carry them out secretly as when the military does so in open armed conflict. n All of the above fall within the traditional American legal view of “self-defense” in international law, and “vital national security interests” in U.S. domestic law. There are good reasons for Republicans and centrist Democrats to make common cause in defending AND view of domestic and international law for future administrations, Democratic and Republican. At the same time, congressional Republicans and centrist Democrats need to put Obama’s senior AND with hedged and narrow legal rationales from which they can later walk away. Consider, for instance, the diffidence of Harold Koh, the legal adviser of AND , and other agencies directly conducting these activities as somewhat less than reassuring. In fact, the administration’s top lawyers should offer a public legal defense of its AND S. government and will be publicly defended as such by their superiors. Even as the Obama administration increasingly relies on Predator strikes for its counterterrorism strategy, AND at stigmatizing the use of Predators as both illegal and a coward’s weapon. Stigmatizing the technology and the practice of targeted killing is only half of it, AND —either as law enforcement or as armed conflict conducted by uniformed military. The Obama administration is complacent about this emerging “international soft law” campaign. AND spun by the interlocking international “soft law” community and global media. It’s a mistake to remain oblivious to either the sense or the sensibility. Outside AND United States, or abroad in Europe, or at the United Nations? The Obama administration assumes that it uniquely sets the terms of legal legitimacy and has AND Here’s the thumbnail version of drone warfare, as portrayed in the media.
The Executive branch of the United States should make necessary adjustments to its targeted killing policy to ensure compliance with relevant domestic and international law, including principles of necessity, distinction, and proportionality. The Executive branch should publicly articulate its legal rationale for its targeted killing policy, including the process and safeguards in place for target selection. The CP’s the best middle ground-~--preserves the vital counter-terror role of targeted killings while resolving all their downsides Daniel Byman 13, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, July/August 2013, “Why Drones Work,” Foreign Affairs, Vol. 92, No. 4 Despite President Barack Obama's recent call to reduce the United States' reliance on drones, AND , and with fewer civilian casualties than many alternative methods would have caused. Critics, however, remain skeptical. They claim that drones kill thousands of innocent AND comparatively low-risk way of targeting these areas while minimizing collateral damage. So drone warfare is here to stay, and it is likely to expand in AND drone warfare risks dragging the United States into conflicts it could otherwise avoid.
2NC
Disclosing target criteria builds diplomatic credibility, enacts domestic accountability, and doesn’t link to the terror disad Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 Related to defending the process, and using performance data is the possibility that the AND better diplomatic footing, and would certainly engender mechanisms of domestic political accountability.
Strongly err neg-~--their authors don’t understand how thorough and effective inter-executive mechanisms are-~--adding transparency’s clearly sufficient Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 To date scholars have lacked a thorough understanding of the U.S. government’s AND legal theory, and constrained scholarly discourse on a matter of public import. This article is a necessary corrective to the public and scholarly debate. It has AND independent review can enhance the already robust accountability mechanisms embedded in current practice.
flow
The counterplan alone is key to effective drone operations-~--the permutation sends the signal that the rest of the government sides with critics of drones over the executive-~--that delegitimizes drones and collapses the program Kenneth Anderson 10, Professor of International Law at American University, 3/8/10, “Predators Over Pakistan,” The Weekly Standard, http://www.weeklystandard.com/print/articles/predators-over-pakistan Obama deserves support and praise for this program from across the political spectrum. More than that, though, the drone strikes need an aggressive defense against increasingly vocal critics who are moving to create around drone warfare a narrative of American wickedness and cowardice and of CIA perfidy. Here the administration has dropped the ball. It has so far failed to provide a robust affirmation of the propositions that underwrite Predator drone warfare. Namely: n Targeted killings of terrorists, including by Predators and even when the targets are American citizens, are a lawful practice; n Use of force is justified against terrorists anywhere they set up safe havens, including in states that cannot or will not prevent them; n These operations may be covert—and they are as justifiable when the CIA is tasked to carry them out secretly as when the military does so in open armed conflict. n All of the above fall within the traditional American legal view of “self-defense” in international law, and “vital national security interests” in U.S. domestic law. There are good reasons for Republicans and centrist Democrats to make common cause in defending AND view of domestic and international law for future administrations, Democratic and Republican. At the same time, congressional Republicans and centrist Democrats need to put Obama’s senior AND with hedged and narrow legal rationales from which they can later walk away. Consider, for instance, the diffidence of Harold Koh, the legal adviser of AND , and other agencies directly conducting these activities as somewhat less than reassuring. In fact, the administration’s top lawyers should offer a public legal defense of its AND S. government and will be publicly defended as such by their superiors. Even as the Obama administration increasingly relies on Predator strikes for its counterterrorism strategy, AND at stigmatizing the use of Predators as both illegal and a coward’s weapon. Stigmatizing the technology and the practice of targeted killing is only half of it, AND —either as law enforcement or as armed conflict conducted by uniformed military. The Obama administration is complacent about this emerging “international soft law” campaign. AND spun by the interlocking international “soft law” community and global media. It’s a mistake to remain oblivious to either the sense or the sensibility. Outside AND United States, or abroad in Europe, or at the United Nations? The Obama administration assumes that it uniquely sets the terms of legal legitimacy and has AND Here’s the thumbnail version of drone warfare, as portrayed in the media.
10/10/13
Framework
Tournament: Harvard | Round: 8 | Opponent: Georgetown BK | Judge: N Kirk Evans
1NC
Most predictable—the agent and verb indicate a debate about hypothetical government action Jon M Ericson 3, Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater’s Guide, Third Edition, p. 4 The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose.
“Resolved” is legislative Jeff Parcher 1, former debate coach at Georgetown, Feb 2001 http://www.ndtceda.com/archives/200102/0790.html Pardon me if I turn to a source besides Bill. American Heritage Dictionary: AND or 'no' - which, of course, are answers to a question.
“Should” requires defending federal action Judge Henry Nieto 9, Colorado Court of Appeals, 8-20-2009 People v. Munoz, 240 P.3d 311 (Colo. Ct. App. 2009) "Should" is "used . . . to express duty, obligation, AND be allocated for the purpose of parents' federal tax exemption to be mandatory).
A general subject isn’t enough—debate requires a specific point of difference Steinberg and Freeley 8 *Austin J. Freeley is a Boston based attorney who focuses on criminal, personal injury and civil rights law, AND David L. Steinberg , Lecturer of Communication Studies @ U Miami, Argumentation and Debate: Critical Thinking for Reasoned Decision Making pp45- Debate is a means of settling differences, so there must be a difference of AND particular point of difference, which will be outlined in the following discussion.
Topical fairness requirements are key to effective dialogue—monopolizing strategy and prep makes the discussion one-sided and subverts any meaningful neg role Ryan Galloway 7, Samford Comm prof, Contemporary Argumentation and Debate, Vol. 28, 2007 Debate as a dialogue sets an argumentative table, where all parties receive a relatively AND substitutes for topical action do not accrue the dialogical benefits of topical advocacy.
2. Substantive constraints on the debate are key to actualize effective pluralism and agonistic democracy John Dryzek 6, Professor of Social and Political Theory, The Australian National University, Reconciling Pluralism and Consensus as Political Ideals, American Journal of Political Science,Vol. 50, No. 3, July 2006, Pp. 634–649 A more radical contemporary pluralism is suspicious of liberal and communitarian devices for reconciling difference AND need principles to regulate the substance of what rightfully belongs in democratic debate.
Constraints on deliberation are necessary to re-found the political---an untamed agon eviscerates political action and judgment skills Dana Villa 96, prof of political science, Amherst, Beyond Good and Evil: Arendt, Nietzsche, and the Aestheticization of Political Action, Political Theory, Vol. 20, No. 2 (May, 1992), pp. 274-308 The representative thinking made possible by disinterested judgment is Arendt‘s Kantian version of AND
the possibility of meaning created by political action and redeemed by political judgment.
The impact outweighs—deliberative debate models impart skills vital to respond to existential threats Christian O. Lundberg 10 Professor of Communications @ University of North Carolina, Chapel Hill, “Tradition of Debate in North Carolina” in Navigating Opportunity: Policy Debate in the 21st Century By Allan D. Louden, p. 311 The second major problem with the critique that identifies a naivety in articulating debate and AND with the existential challenges to democracy in an increasingly complex world.
Guidelines for dialogue are intersubjectively possible and desirable---they are necessary to cultivate democratic habits and political judgment---the affirmative’s rejection of normative constraints goes too far Jean-Michel Heimonet 9, Professor of French, American Catholic U, THE SACRED: MYSTICISM AND PRAGMATISM, THE MAJOR TRENDS IN CONTEMPORARY THEORY, http://www.crvp.org/book/Series07/VII-6/chapter-6.htm Beginning with Foucault these were concerned with carrying out an archeology of knowledge with a AND efficacity and utility are understood on the basis of results in daily life.
2NC
Debate is never the site for social change only for learning the skills to advocate for change--- Atchison and Panetta 9 – *Director of Debate at Trinity University and Director of Debate at the University of Georgia (Jarrod, and Edward, “Intercollegiate Debate and Speech Communication: Issues for the Future,” The Sage Handbook of Rhetorical Studies, Lunsford, Andrea, ed., 2009, p. 317-334) The final problem with an individual debate round focus is the role of competition. AND long community problems requires a tremendous effort by a great number of people.
Obama would pushes the plan and it costs tons of capital to overcome opposition from both the left and the right
Anthony L. Kimery 9, Homeland Security Today’s Online Editor and Online Media Division manager, draws on 30 years of experience and extensive contacts as he investigates homeland security, counterterrorism and border security, citing Glenn Sulmasy, first permanent commissioned military law professor at the Coast Guard Academy, where he is a Professor of Law teaching international, constitutional, and criminal law, "The Case For A ’National Security Court’", December 3, www.hstoday.us/blogs/the-kimery-report/blog/the-case-for-a-national-security-court/a9333d82c11cecd35e74c8c0b65c2698.html But "while some from both political parties in the legislature have been working hard AND of adjudicating jihadist terrorists other than trying them in federal Article III courts.
CIR’s critical to economic growth—-multiple internals
Klein 13 Ezra is a columnist for The Washington Post. "To Fix the U.S. Economy, Fix Immigration," 1/29, http://www.bloomberg.com/news/2013-01-29/to-fix-the-u-s-economy-fix-immigration.html Washington tends to have a narrow view of what counts as "economic policy." AND influx of foreign-born students is the most obvious solution you’ll find.
US economic decline makes global nuclear war likely
O’Hanlon and Lieberthal 12 Michael O’Hanlon, Ph.D., is a senior fellow at The Brookings Institution, specializing in defense and foreign policy issues. Kenneth Lieberthal, Ph.D., is a senior fellow in Foreign Policy and Global Economy and Development at Brookings. "The real national security threat: America’s debt," July 3, LA Times Op-Ed, http://articles.latimes.com/2012/jul/03/opinion/la-oe-ohanlon-fiscal-reform-20120703 Lastly, American economic weakness undercuts U.S. leadership abroad. Other countries AND regions will likely become less stable. Major war will become more likely.
2NC Polx
Brink is now—-reform is key to win the global race for talent—-only CIR solves
Orrenius 11 Pia is an Economist and Research Officer @ the Federal Reserve Bank of Dallas. "Immigration Reform and U.S. Economic Performance," March 14, http://www.cfr.org/immigration/immigration-reform-us-economic-performance/p24358 Immigrants help fuel the U.S. economy, representing about one in every AND behind in the global race for talent if immigration laws are not reformed.
Illegal immigration risks terrorist infiltration
Ting 6 ~OTMS refers to non-Mexican immigrants; Jan, professor of law at Temple University’s Beasley School of Law and an FPRI senior fellow, Immigration and National Security, Orbis 50.1 p 41-52~ This summer’s terror bombings in London have brought new attention to the Islamist threat. AND U.S. illegally, an estimated 3 to 9 others succeed.
flow
Immigration has a strong chance —- GOP is weak and pressure is building —- reject their evidence
David Leopold 10/24/13, immigration attorney and past general council at the American Immigration Lawyers Association, "Immigration Reform Is Alive and Kicking on Capitol Hill," Huffington Post, http://www.huffingtonpost.com/david-leopold/immigration-reform-is-alive_b_4136478.html As it turns out, reports of the death of immigration reform were greatly exaggerated AND recently in his The Huffington Post column "Why I Went To Jail":
Will pass —- enough Republicans will give in —- proponents have strong leverage
Huffington Post, 10-24-2013, "Obama Speaking On Immigration Reform," http://www.huffingtonpost.com/2013/10/24/obama-speaking-immigration-reform_n_4155211.html President Barack Obama is using the bully pulpit to insist that Congress pass legislation overhauling AND not certain that Republicans will support the comprehensive approach that Obama is seeking.
Obama’s pushing immigration and increasing pressure on the GOP
Zeke J. Miller, 10-24-2013, "Obama’s New Immigration Pivot Isn’t About Immigration," Time, http://swampland.time.com/2013/10/24/obamas-new-immigration-pivot-isnt-about-immigration/ President Obama called Thursday on the Republican-controlled House of Representatives to take up AND we do immigration reform," Senate Majority Leader Harry Reid said last week.
Wins don’t spillover—-capital is finite—-prioritizing issues is key
Schultz 13 David Schultz is a professor at Hamline University School of Business, where he teaches classes on privatization and public, private and nonprofit partnerships. He is the editor of the Journal of Public Affairs Education (JPAE). "Obama’s dwindling prospects in a second term," MinnPost, 1/22, http://www.minnpost.com/community-voices/2013/01/obamas-dwindling-prospects-second-term Four more years for Obama. Now what? What does Barack Obama do in AND lost what little control of Congress that he had in the 2010 elections.
Jackie Calmes, NYTimes, 11/12/12, In Debt Talks, Obama Is Ready to Go Beyond Beltway, mobile.nytimes.com/2012/11/12/us/politics/legacy-at-stake-obama-plans-broader-push-for-budget-deal.xml That story line, stoked by Republicans but shared by some Democrats, holds that AND , when the opposition typically takes seats from the president’s party in Congress.
10/26/13
Iran DA
Tournament: Harvard | Round: 6 | Opponent: MSU BS | Judge: Malsin 1nc---disad Rouhani will get a nuclear deal because he’s keeping hardliners in check --- empowering hardliners would scuttle the deal Fox News, 9-28-2013, “Rouhani begins tougher mission of selling US outreach to hard-liners at home,” http://www.foxnews.com/world/2013/09/28/analysis-rouhani-begins-tougher-mission-selling-us-outreach-to-hard-liners-at/ Before leaving for the United Nations, Iran's President Hassan Rouhani said he hoped to AND about whether it's worth investing the diplomatic capital in mending ties with Iran. The prospect that Congress could block military action guarantees failure of Iran diplomacy by emboldening hard-liners --- triggers Israel strikes Ross 9/9/13 - a counselor at the Washington Institute for Near East Policy, was a senior Middle East adviser to President Obama from 2009 to 2011, Director of Policy Planning for the State Department under George H.W. Bush, the Special Middle East coordinator under Clinton (Dennis, “Blocking action on Syria makes an attack on Iran more likely” Washington Post, http://www.washingtonpost.com/opinions/blocking-action-on-syria-makes-an-attack-on-iran-more-likely/2013/09/09/dd655466-1963-11e3-8685-5021e0c41964_story.html) Still, for the opponents of authorization, these arguments are portrayed as abstractions. AND the United States, but maybe it will — and maybe it should. Strikes escalate to great power nuclear and biological war Dennis Ray Morgan 9, Hankuk University of Foreign Studies, Yongin Campus - South Korea, Futures, Volume 41, Issue 10, December 2009, Pages 683-693 This scenario has gained even more plausibility since a January 2007 Sunday Times report AND retaliates with nuclear attacks on Russia and possibly on China as well.11
Iran prolif causes nuclear war Edelman 11 - Distinguished Fellow at the Center for Strategic and Budgetary Assessments; he was U.S. Undersecretary of Defense for Policy in 2005-9 (Eric, “The Dangers of a Nuclear Iran,” Foreign Affairs, Jan/Feb, proquest) The reports of the Congressional Commission on the Strategic Posture of the United States and AND would retaliate against the wrong party, potentially triggering a regional nuclear war.
10/27/13
Legit Adv
Tournament: GSU | Round: 8 | Opponent: Michigan HM | Judge: Najor 1NC Legitimacy Adv No impact to heg Maher 11-~--adjunct prof of pol sci, Brown. PhD expected in 2011 in pol sci, Brown (Richard, The Paradox of American Unipolarity: Why the United States May Be Better Off in a Post-Unipolar World, Orbis 55;1)
At the same time, preeminence creates burdens and facilitates imprudent behavior. Indeed, AND have with Washington and to reinforce their security relationships with the United States. No impact-~--mitigation and adaptation will solve-~--no tipping point or “1 risk” args 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 The heart of the debate about climate change comes from a number of warnings from AND economic growth and well?being may be at risk (Stern 2006). These statements are largely alarmist and misleading. Although climate change is a serious problem AND range climate risks. What is needed are long?run balanced responses.
No extinction from climate change NIPCC 11 – the Nongovernmental International Panel on Climate Change, an international panel of nongovernment scientists and scholars, March 8, 2011, “Surviving the Unprecedented Climate Change of the IPCC,” online: http://www.nipccreport.org/articles/2011/mar/8mar2011a5.html In a paper published in Systematics and Biodiversity, Willis et al. (2010 AND to climate change (e.g. Huntingford et al., 2008).and#34; On the other hand, they indicate that some biologists and climatologists have pointed out AND through using the vast data resource that we can exploit in fossil records.and#34; Going on to do just that, Willis et al. focus on and#34;intervals AND very little evidence for broad-scale extinctions due to a warming world.and#34; In concluding, the Norwegian, Swedish and UK researchers say that and#34;based on such evidence we urge some caution in assuming broad-scale extinctions of species will occur due solely to climate changes of the magnitude and rate predicted for the next century,and#34; reiterating that and#34;the fossil record indicates remarkable biotic resilience to wide amplitude fluctuations in climate.and#34; No extinction Posner 5—Senior Lecturer, U Chicago Law. Judge on the US Court of Appeals 7th Circuit. AB from Yale and LLB from Harvard. (Richard, Catastrophe, http://goliath.ecnext.com/coms2/gi_0199-4150331/Catastrophe-the-dozen-most-significant.html) Yet the fact that Homo sapiens has managed to survive every disease to assail it AND wider human contacts that make it more difficult to localize an infectious disease. Intervening actors check Zakaria 9—Editor of Newsweek, BA from Yale, PhD in pol sci, Harvard. He serves on the board of Yale University, The Council on Foreign Relations, The Trilateral Commission, and Shakespeare and Company. Named and#34;one of the 21 most important people of the 21st Centuryand#34; (Fareed, “The Capitalist Manifesto: Greed Is Good,” 13 June 2009, http://www.newsweek.com/id/201935) Note—Laurie Garrett=science and health writer, winner of the Pulitzer, Polk, and Peabody Prize It certainly looks like another example of crying wolf. After bracing ourselves for a AND far better than anything Britain or France had in the early 20th century. No groupthink-~--there are several different checkpoints on the way to a targeting decision and objection at any point stops the entire op Gregory McNeal 13, Associate Professor of Law, Pepperdine University, 3/5/13, “Targeted Killing and Accountability,” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1819583 Based on this information, we can sketch a general picture of the kill- AND facts, or intelligence and analytic judgments regarding facts and expected outcomes.219 No Africa war or they can’t solve Straus 12—professor of politics at the University of Wisconsin (Scott, WARS DO END! CHANGING PATTERNS OF POLITICAL VIOLENCE IN SUB-SAHARAN AFRICA, afraf.oxfordjournals.org/content/early/2012/03/01/afraf.ads015.full)
The principal finding is that in the twenty-first century both the volume and AND face or in a position to seize and hold large swaths of territory.
No escalation Straus 12—professor of politics at the University of Wisconsin (Scott, WARS DO END! CHANGING PATTERNS OF POLITICAL VIOLENCE IN SUB-SAHARAN AFRICA, afraf.oxfordjournals.org/content/early/2012/03/01/afraf.ads015.full)
Domestic factors such as stronger civil societies, consistent economic growth, or stronger states AND created a strong pull away from the battlefield toward the domestic political arena.
2NC Legitimacy Zero data supports the resolve or credibility thesis Jonathan Mercer 13, associate professor of political science at the University of Washington in Seattle and a Fellow at the Center for International Studies at the London School of Economics, 5/13/13, “Bad Reputation,” http://www.foreignaffairs.com/articles/136577/jonathan-mercer/bad-reputation Since then, the debate about what to do in Syria has been sidetracked by discussions of how central reputation is to deterrence, and whether protecting it is worth going to war. There are two ways to answer those questions: through evidence and through logic. AND did indeed worry about their reputations. But their worries were often mistaken. For example, when North Korea attacked South Korea in 1950, U.S AND that the Americans intended to destroy his revolution, perhaps with nuclear weapons. Similarly, Ted Hopf, a professor of political science at the National University of AND these threats seriously. As the record shows, reputations do not matter.
Credibility theory is incoherent — Syria proves Jonathan Mercer 8/28, 2013, associate professor of political science at the University of Washington in Seattle and a Fellow at the Center for International Studies at the London School of Economics. Bad Reputation, 28 August 2013, www.foreignaffairs.com/articles/139376/jonathan-mercer/bad-reputation Even if Assad were so simpleminded, the administration’s critics are wrong to suggest that AND suicide out of fear that others might later wrongly think one is dead. It is also possible that the United States did not factor into Assad’s calculations. AND , if overthrowing Assad were easy, it would already have been done.
Game theory proves states will never base their actions on assessments of adversaries’ resolve or credibility Jonathan Mercer 13, associate professor of political science at the University of Washington in Seattle and a Fellow at the Center for International Studies at the London School of Economics, 5/13/13, “Bad Reputation,” http://www.foreignaffairs.com/articles/136577/jonathan-mercer/bad-reputation Arguments never seem to be won on evidence alone, though, which is where AND logic is part of how people strategize, and it is called recursion. Recursive thinking can get complicated. In The Logic of Images, Robert Jervis, AND use recursive thinking -- and how it quickly becomes nearly impossible to follow. Recursion poses another strategic problem: When does the game stop? If you count AND , which leads them to believe that the right answer is around 25.
It’ll take Russia and China decades to catch up to U.S. drone tech Alex Olesker 12, Technology Research Analyst at Crucial Point LLC, 9/10/12, “The Russian and Chinese Drone Programs,” http://www.oodaloop.com/technology/2012/09/10/the-russian-and-chinese-drone-programs/ Unmanned aerial vehicles have become the signature of American offensive military operations. While far AND have both taken a practical and realistic approach to drone research and development.
Russian and Chinese drones are inevitable but won’t be effective enough to challenge the U.S. Alex Olesker 12, Technology Research Analyst at Crucial Point LLC, 9/10/12, “The Russian and Chinese Drone Programs,” http://www.oodaloop.com/technology/2012/09/10/the-russian-and-chinese-drone-programs/ Neither China nor Russia can approach American capabilities in remotely piloted vehicles and at this AND programs will continue to be an RandD priority for both countries.
The ‘drone precedent’ arg is incoherent-~--their claim is that other states will use drones in far different ways than the U.S. does-~--proves our drone policies are irrelevant, and pretexts at best for what states will inevitably do Kenneth Anderson 13, Professor of International Law at American University, June 2013, “The Case for Drones,” Commentary, Vol. 135, No. 6 This critique often leads, however, to the further objection that the American use of drones is AND behaves malignantly, drones will not be responsible. Its leaders will be.
No ‘global precedent’ is affected by anything the U.S. does-~--states will inevitably pursue drones Robert Wright 12, “The Incoherence of a Drone-Strike Advocate,” 11/14/12, http://www.theatlantic.com/international/archive/2012/11/the-incoherence-of-a-drone-strike-advocate/265256/ Naureen Shah of Columbia Law School, a guest on the show, had raised AND So I wouldnand#39;t worry too much about the so called precedent it sets...and#34;
States that deploy drones will never also adopt U.S. standards-~--they don’t care, they only want the tech to enable them to do shit they want to do anyways Paul J. Saunders 13, executive director of the Center for the National Interest, 3/4/13, “We Wonand#39;t Always Drone Alone,” http://nationalinterest.org/commentary/we-wont-always-drone-alone-8177?page=show When and how the executive branch can employ drones—and what oversight from the legislative and judicial branches is required—are important and serious matters. They become especially significant when they intersect with the rights of American citizens, whether in domestic surveillance or in international counterterrorism strikes. In emotional terms, drones collide with some of America’s most fundamental values. For these reasons, the existing debate over drones should continue. That said, the United States has well-established rules for the use of AND and will eventually find a way forward that satisfies legal and oversight concerns. A broader and deeper challenge is how others—outside the United States—will AND that they will always ask other governments before sending drones into their airspace.
Hegemony’s no longer key to peace-~--decline just means allies fill in Elizabeth Cobbs Hoffman ‘13, professor of American foreign relations at San Diego State University, 3/4/13, “Come Home, America,” http://www.nytimes.com/2013/03/05/opinion/come-home-america.html?nl=todaysheadlinesandemc=edit_th_20130305andpagewanted=printand_r=0 EVERYONE talks about getting out of Iraq and Afghanistan. But what about Germany and Japan? AND Sharing the burden of security with our allies is more than a fiscal necessity. It’s the sine qua non of a return to global normalcy.
Empirically proven Geller 99-~--Geller and Singer, 99 – *Chair of the Department of Political Science @ Wayne State University (Daniel S and Joel David, Nations at war: a scientific study of international conflict, p. 116-117) Note – Hopf = Visiting Professor of Peace Research, The Mershon Center, Ohio State University PhD in pol sci from Columbia. Levy = Board of Governors’ Professor of Political Science at Rutgers University and an Affiliate AND Award from the Foreign Policy Analysis Section of the International Studies Association. PhD
Hopf (1991) and Levy (1984) examine the frequency, magnitude and AND international system is unrelated to the number of major powers in the system. Prefer our ev Layne 6-~--pol sci prof, AandM (Christopher, The Peace of Illusions: American Grand Strategy from 1940 to the Present, Cornell University Press, p. 185-186) The fundamental problem with all these scenarios, both historical and hypothetical, is that AND S. officials have cried wolf way too many times in the past.
The United States Federal Government should create a National Security Court with exclusive jurisdiction over United States’ indefinite detention policy.
Creating an NSC solves detention problems
Andrew McCarthy 09, Director of the Center for Law 26 Counterterrorism at the Foundation for the Defense of Democracies. From 1985 through 2003, he was a federal prosecutor at the U.S. Attorney’s Office for the Southern District of New York, and was the lead prosecutor in the seditious conspiracy trial against Sheikh Omar Abdel Rahman and eleven others, described subsequently. AND Alykhan Velshi, a staff attorney at the Center for Law 26 Counterterrorism, where he focuses on the international law of armed conflict and the use of force, 8/20/09, "Outsourcing American Law," AEI Working Paper, http://www.aei.org/files/2009/08/20/20090820-Chapter6.pdf 2. Creation of a National Security Court. Congress should establish a special national AND , and a stage on which to exhibit that it does so.68
Counterplan solves executive flexibility
Andrew McCarthy 09, Director of the Center for Law 26 Counterterrorism at the Foundation for the Defense of Democracies. From 1985 through 2003, he was a federal prosecutor at the U.S. Attorney’s Office for the Southern District of New York, and was the lead prosecutor in the seditious conspiracy trial against Sheikh Omar Abdel Rahman and eleven others, described subsequently. AND Alykhan Velshi, a staff attorney at the Center for Law 26 Counterterrorism, where he focuses on the international law of armed conflict and the use of force, 8/20/09, "Outsourcing American Law," AEI Working Paper, http://www.aei.org/files/2009/08/20/20090820-Chapter6.pdf What is an asset in the criminal justice system, however, would be a AND be at liberty to create new entitlements by analogizing to ordinary criminal proceedings.
Harris 26 Burrows 9 Mathew, PhD European History @ Cambridge, counselor of the U.S. National Intelligence Council (NIC) and Jennifer, member of the NIC’s Long Range Analysis Unit and#34;Revisiting the Future: Geopolitical Effects of the Financial Crisisand#34; http://www.ciaonet.org/journals/twq/v32i2/f_0016178_13952.pdf Of course, the report encompasses more than economics and indeed believes the future is AND within and between states in a more dog-eat-dog world.
No Shutdown
Congress will successfully avert shutdown now, but Boehner will take it down to the wire
Government will avert shutdown now – GOP will compromise when the Senate sends the bill back
Jennifer Jacobs, 9-20-2013, and#34;Grassley: Government shutdown is ’not going to happen this time’,and#34; Des Moines Register, http://www.desmoinesregister.com/article/20130920/NEWS09/130920029/1056/news05 The federal government won’t end up in a shutdown because of the argument over whether AND to go to the president and the president is going to sign it.and#34;
AT: Obamacare Thumper
The GOP will back down—they will delay attacking Obamacare
Motoko Rich, 4-7-2011, and#34;Government Shutdown Would Have Wide Ripples,and#34; New York Times, http://www.nytimes.com/2011/04/08/business/economy/08econ.html?pagewanted=all It’s not just an estimated 800,000 federal employees who would feel the financial AND as it did in 1995 — then the ripples could quickly fan out.
Shutdown would cause a recession – past shutdowns didn’t happen during a fragile economy
Government shutdown wrecks the economy – this time is really seriously different
Ben White and MJ Lee, 8-12-2013, and#34;Next fiscal fight: Why Wall Street should worry,and#34; Politico, http://www.politico.com/story/2013/08/wall-street-debt-ceiling-95426.html?hp=t1 The prevailing view: When Congress returns in September, sabers will be rattled and AND but I don’t think it’s pricing in this impending battle.and#34; Or battles.
Government shutdown wrecks the US economy – undermines recovery and hurts job growth
Barbara Boxer, US Senator D-CA, 2-17-2011, and#34;Official Website of U.S. Senator Barbara Boxer: Press Releases,and#34; https://www.boxer.senate.gov/en/press/releases/021711b.cfm U.S. Senators Barbara Boxer (D-CA) and Bob Casey AND disrupting Social Security checks, benefits for veterans and paychecks for our troops.
Royal 10 – Jedediah Royal, Director of Cooperative Threat Reduction at the U.S. Department of Defense, 2010, and#34;Economic Integration, Economic Signaling and the Problem of Economic Crises,and#34; in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, p. 213-215 Less intuitive is how periods of economic decline may increase the likelihood of external conflict AND such, the view presented here should be considered ancillary to those views.
Drones – Partisanship Link
====Changes in drone policy cause fights between Congress and the White House.==== Plain Dealer 13 (The Plain Dealer staff and wire reports, and#34;Battle brewing over Obama administration’s use of deadly dronesand#34;, 2/6/13, http://www.cleveland.com/nation/index.ssf/2013/02/battle_brewing_over_obama_admi.html)** As some in Congress are looking to limit America’s authority to kill suspected terrorists, AND but failed to allay their concerns. It was made public by NBC News
Yes PC
Obama has political capital
John Kornblum 9-11, former U.S. ambassador to Germany, 9-11-2013, and#34;Is Obama a Lame-Duck President?and#34; Carnegie Europe, http://carnegieeurope.eu/strategiceurope/?fa=52932 U.S. President Barack Obama is far from a lame-duck president AND has more than enough political capital to deal with the problems he faces.
The plan identifies the non-Western world as a space devoid of the rule of law—-that sets the stage for aggressive intervention and colonial plunder, which locks in neoliberal structural violence—-and their ev is based on distorted representations of the rule of law that have no relationship to reality
Ugo Mattei 9, Professor at Hastings College of the Law 26 University of Turin; and Marco de Morpurgo, M.Sc. Candidate, International University College of Turin, LL.M. Candidate, Harvard Law School, 2009, and#34;GLOBAL LAW 26 PLUNDER: THE DARK SIDE OF THE RULE OF LAW,and#34; online: http://works.bepress.com/cgi/viewcontent.cgi?article=101426context=bocconi_legal_papers Within this framework, Western law has constantly enjoyed a dominant position during the past AND , behaving as a neo-colonialist within the ideology known as neoliberalism. Western countries identify themselves as law-abiding and civilized no matter what their actual AND lack’ the minimal institutional systems necessary for the unfolding of a market economy. The theory of ’lack’ and the rhetoric of the rule of law have justified AND is today by the WTO in Asia, Africa, and Latin America. Foreign-imposed privatization laws that facilitate unconscionable bargains at the expense of the people have been vehicles of plunder, not of legality. In all these settings the tragic human suffering produced by such plunder is simply ignored. In this context law played a major role in legalizing such practices of powerful actors against the powerless.5 Yet, this use of power is scarcely explored in the study of Western law. The exportation of Western legal institutions from the West to the ’rest’ has systematically AND proactive: more succinctly, a technological framework for an ’efficient’ market. The rule of law has a bright and a dark side, with the latter progressively conquering new ground whenever the former is not empowered by a political soul. In the absence of such political life, the rule of law becomes a cold technology. Moreover, when large corporate actors dominate states (affected by a declining regulatory role), law becomes a product of the economy, and economy governs the law rather than being governed by it.
Notions of US legal prestige and modeling solidify global inequality by replacing political violence with legal violence—-turns the case because it subordinates effective domestic systems to predatory rule of law models
Ugo Mattei 3, Alfred and Hanna Fromm Professor of International and Comparative Law, ¶ U.C. Hastings; Professore Ordinario di Diritto Civile, Università di Torino A Theory of Imperial Law: A Study on U.S. Hegemony and the Latin Resistance, ic.ucsc.edu/~rlipsch/pol160A/Mattei.pdf This essay attempts to develop a theory of imperial law that is able to explain AND imperial law. Factors of resistance need to be fully appreciated as well. I. AMERICAN LAW: FROM LEADERSHIP TO DOMINANCE The years following the Second World AND general aspects about the nature of law as a device of global governance. Observing historical patterns of legal hegemony allows us to critique the distinction between two main AND stressing on the idea of consent within a notion of and#34;prestige.and#34;8 Little effort is necessary to challenge the sufficiency of this basic taxonomy in introducing legal AND of consent to the present pattern of international economic and political dominance.9 In this essay I suggest that a fundamental cultural construct of presumed consent is the AND proactive politically accountable institutions such as direct administrative apparatuses of the State.11 This essay attempts to open a radical revision of some accepted modes of thought about AND in the well-known parable of the tragedy of the commons.13 My object of observation is a legal landscape in transition. I wish to analyze AND globalization and of economic Empire political violence has been transformed into legal violence.
Our alternative is to reject their emphasis on Western-models of law in favor of a fundamental rethink of democracy from the bottom-up
Ugo Mattei 9, Professor at Hastings College of the Law 26 University of Turin; and Marco de Morpurgo, M.Sc. Candidate, International University College of Turin, LL.M. Candidate, Harvard Law School, 2009, and#34;GLOBAL LAW 26 PLUNDER: THE DARK SIDE OF THE RULE OF LAW,and#34; online: http://works.bepress.com/cgi/viewcontent.cgi?article=101426context=bocconi_legal_papers In the complex spectrum of global law, both throughout the era of colonialism and AND , often without success, and causing serious consequences for the less powerful. Under the technology of the rule of law, in its imperial version capable of AND to attract jurisdiction, while showing themselves as courts for universal justice.33 The general attitude of the United States has been a very ethnocentric one, and AND enjoyed by the giant New York law firms and by the US academy. Notwithstanding, there has been no decline in the rhetoric of the rule of law when it comes to foreign relations. Bringing democracy and the rule of law is still used as a justification to keep intruding in foreign affairs. The same can be said for the international financial institutions and their innumerable ’development’ projects that come packaged with the prestigious wrapping of the rule of law. A rethinking of the very idea of global law is necessary and it must derive AND indeed paradoxical. People have to be free to build their own economies. There is nothing inevitable about the present arrangements and their dominant and taken-for granted certainties. Indeed, it may be that the present legal and political hegemonies suffer from lack: the lack of world culture and of global political realism.
9/21/13
Shutdown DA
Tournament: GSU | Round: 8 | Opponent: Michigan HM | Judge: Najor 1NC Shutdown DA Congress will ultimately compromise to avert shutdown – GOP divisions make it more likely, not less Tom Cohen, 9-20-2013, “Congress: will it be a government shutdown or budget compromise?” CNN, http://www.cnn.com/2013/09/19/politics/congress-shutdown-scenarios/index.html?utm_source=feedburnerandutm_medium=feedandutm_campaign=Feed3A+rss2Fcnn_allpolitics+(RSS3A+Politics) There hasnand#39;t been a government shutdown in more than 17 years, since the 28 AND changes to provide Boehner and House Republicans with political cover to back it. The plan would trade off with Congress’s ability to avert the shutdown - GOP has momentum and will, but they need literally every hour to get it done Frank James, 9-13-2013, “Congress Searches For A Shutdown-Free Future,” NPR, http://www.npr.org/blogs/itsallpolitics/2013/09/13/221809062/congress-searches-for-a-shutdown-free-future The only thing found Thursday seemed to be more time for negotiations and vote- AND people. When we have something to report, weand#39;ll let you know.and#34; Shutdown wrecks the economy Yi Wu, 8-27-2013, “Government Shutdown 2013: Still a Terrible Idea,” PolicyMic, http://www.policymic.com/articles/60837/government-shutdown-2013-still-a-terrible-idea Around a third of House Republicans, many Tea Party-backed, sent a AND to demand cancellation of the entire health care reform enacted a year before. Global nuclear war Harris and Burrows 9 Mathew, PhD European History @ Cambridge, counselor of the U.S. 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 encompasses more than economics and indeed believes the future is AND within and between states in a more dog-eat-dog world.
1NR Shutdown Government shutdown wrecks heg – makes the US vulnerable to enemy aggression Fox News, 9-22-2013, “Capitol Hill report warns shutdown could pose risks to national security,” http://www.foxnews.com/politics/2013/09/22/capitol-hill-report-warns-shutdown-could-pose-risks-to-national-security/ Washington is warning Americans about the likely effects of a government shutdown should lawmakers fail AND , including those deployed overseas, will not get their paychecks on time. Econ decline turns multilat -~-- the financial crisis proves Leipziger, 11 (Danny, Professor of International Business @ George Washington University and former VP for Poverty Reduction and Economic Management @ the World Bank, “Multilateralism, the Shifting Global Economic Order, and Development Policy,” part of “Global Challenges: Multilateral Solutions,” Canadian Development Report 2011, Online) The chinks in multilateralism were of course apparent from the beginning. However, as AND them has been shaken — and with it, faith in multilateral solutions.
Government shutdown stalls the recovery Motoko Rich, 4-7-2011, and#34;Government Shutdown Would Have Wide Ripples,and#34; New York Times, http://www.nytimes.com/2011/04/08/business/economy/08econ.html?pagewanted=all It’s not just an estimated 800,000 federal employees who would feel the financial AND as it did in 1995 — then the ripples could quickly fan out. This time’s different-~--shutdown causes collapse Daily Kos, 1-14-2013, and#34;Government Shutdown: What It Is, and What It Isnand#39;t (Update x1),and#34; http://www.dailykos.com/story/2013/01/14/1178981/-Government-Shutdown-What-It-Is-and-What-It-Isn-t That said, there is an important element that is very different this time. AND is the worldand#39;s largest economy trying to stay afloat without making bad decisions. Government shutdown would totally wreck oil rig safety – no inspection personnel Edward J. Markey 13, Ranking Member, Natural Resources Committee, 2013, “Republican Sequester or Shutdown Would Threaten Energy Development, Safety and the Environment,” http://democrats.naturalresources.house.gov/sites/democrats.naturalresources.house.gov/files/documents/2013-02-15_Sequester_Cuts.pdf Just after the sequestration deadline, Congress must pass by March 27 a so- AND closed, as well as most permitting, inspection, and enforcement work. Unchecked oil spills crush marine oxygen Paul Stephen Dempsey, Law Prof @ Denver, Summer 1984, “Oil Pollution of the Marine Environment by Ocean Vessels,” 6 NW. J. INTand#39;L L. and BUS. 459, ln Although large amounts of oil remain on the surface, much of it is mixed AND level to increase up to 200 feet, submerging most coastal cities. n27 Extinction Donald A. Bryant, Dep. Biochem @ Penn. State, 2003, “The Beauty in small things revealed,” Proceedings of the National Academy of Sciences, http://www.pnas.org/content/100/17/9647.full Oxygenic photosynthesis accounts for nearly all the primary biochemical production of organic matter on Earth AND be made (refs. 1 and 2; see Fig. 1). Shutdown causes cyberterror Alysha Sideman 11, 2-23-2011, “Agencies must determine computer security teams in face of potential federal shutdown,” Federal Computer Week, http://fcw.com/Articles/2011/02/23/Agencies-must-determine-computer-security-teams-in-face-of-shutdown.aspx?Page=1 With the WikiLeaks hacks and other threats to cybersecurity present, guarding against cyberattacks has AND be vulnerable in the face of an attack, reports Federal Computer Week. Nuke war Fritz 9 Jason, Former Captain of the U.S. Army, July, Hacking Nuclear Command and Control, www.icnnd.org/Documents/Jason_Fritz_Hacking_NC2.doc The US uses the two-man rule to achieve a higher level of security AND of mass DDoS attacks, real world protests, and accusations between governments. Boehner will successfully broker a compromise to avoid a government shutdown by shifting the Obamacare fight to the debt ceiling bill-~--but careful timing is key-~--delays in presenting the new continuing resolution collapse the entire deal Tim Alberta 9-20, National Journal, “Inside Boehnerand#39;s Plan to Avoid Shutdown (and Wound Obamacare),” 9/20/13 But sources familiar with the planning say House Speaker John Boehner is preparing a third option, one AND has galvanized conservatives: how to defeat Obamacare without shutting down the government. and#34;Itand#39;s all one battle,and#34; said Rep. Tom Price of Georgia, a leading House conservative who is vice chairman of the Budget Committee.
Congress will successfully avert shutdown now, but Boehner will take it down to the wire Tal Kopan, 9-20-2013, “Chuck Schumer on shutdown: ‘They’ll blink’,” Politico, http://www.politico.com/story/2013/09/government-shutdown-update-chuck-schumer-97118.html Sen. Chuck Schumer thinks Republicans won’t go through with shutting down the government, AND let those 60 tea party people dictate, it’s a disaster.’” Senate will pass a clean CR and kick it back to the house – will go down to the wire Sean Sullivan, 9-20-2013, “A step-by-step guide to what’s next in the government shutdown showdown,” Washington Post, http://www.washingtonpost.com/blogs/the-fix/wp/2013/09/19/a-step-by-step-guide-to-whats-next-in-the-government-shutdown-showdown/ Continuing resolutions and Obamacare and a shutdown. Oh my! The House on Friday AND easy call. In other words, he’d be in quite a jam. Government will avert shutdown now – GOP will compromise when the Senate sends the bill back Jennifer Jacobs, 9-20-2013, “Grassley: Government shutdown is and#39;not going to happen this timeand#39;,” Des Moines Register, http://www.desmoinesregister.com/article/20130920/NEWS09/130920029/1056/news05 The federal government won’t end up in a shutdown because of the argument over whether AND to go to the president and the president is going to sign it.”
Changes in drone policy cause fights between Congress and the White House. Plain Dealer 13 (The Plain Dealer staff and wire reports, “Battle brewing over Obama administrationand#39;s use of deadly drones”, 2/6/13, http://www.cleveland.com/nation/index.ssf/2013/02/battle_brewing_over_obama_admi.html) As some in Congress are looking to limit Americaand#39;s authority to kill suspected terrorists, AND but failed to allay their concerns. It was made public by NBC News Obama has political capital John Kornblum 9-11, former U.S. ambassador to Germany, 9-11-2013, “Is Obama a Lame-Duck President?” Carnegie Europe, http://carnegieeurope.eu/strategiceurope/?fa=52932 U.S. President Barack Obama is far from a lame-duck president AND has more than enough political capital to deal with the problems he faces. GOP will cave on the debt ceiling now Greg Giroux, 9-20-2013, “Senate Budget Chief Sees Republican Yield on Debt Lifting,” Bloomberg, http://www.bloomberg.com/news/2013-09-19/senate-budget-chief-sees-republican-yield-on-debt-lifting.html Republicans seeking to curb President Barack Obama’s health-care law probably will capitulate to AND a spending bill needed to keep the government running after Sept. 30.
Plan causes agenda crowdout – There’s only 9 days of congress in September, but executive action doesn’t link because Obama won’t be involved Stephen Dinan, 8-26-2013, and#34;Lew’s message to Congress on debt ceiling: It’s your responsibility,and#34; Washingtion Times, http://www.washingtontimes.com/news/2013/aug/26/lews-message-to-congress-on-debt-ceiling-its-your-/ But after losing ground in several previous deadline spending and debt battles, Mr. AND been using extraordinary measures to keep from breaching the limit set in law.
a. Interpretation and violation---the affirmative should defend the desirability of topical government action Most predictable—the agent and verb indicate a debate about hypothetical government action Jon M Ericson 3, Dean Emeritus of the College of Liberal Arts – California Polytechnic U., et al., The Debater’s Guide, Third Edition, p. 4 The Proposition of Policy: Urging Future Action In policy propositions, each topic contains AND compelling reasons for an audience to perform the future action that you propose.
A general subject isn’t enough—debate requires a specific point of difference Steinberg and Freeley 8 *Austin J. Freeley is a Boston based attorney who focuses on criminal, personal injury and civil rights law, AND David L. Steinberg , Lecturer of Communication Studies @ U Miami, Argumentation and Debate: Critical Thinking for Reasoned Decision Making pp45- Debate is a means of settling differences, so there must be a difference of AND particular point of difference, which will be outlined in the following discussion.
b. Vote neg
Preparation and clash—changing the topic post facto manipulates balance of prep, which structurally favors the aff because they speak last and permute alternatives—strategic fairness is key to engaging a well-prepared opponent Topical fairness requirements are key to effective dialogue—monopolizing strategy and prep makes the discussion one-sided and subverts any meaningful neg role Galloway 7—Samford Comm prof (Ryan, Contemporary Argumentation and Debate, Vol. 28, 2007) Debate as a dialogue sets an argumentative table, where all parties receive a relatively AND substitutes for topical action do not accrue the dialogical benefits of topical advocacy.
2. Substantive constraints on the debate are key to actualize effective pluralism and agonistic democracy John Dryzek 6, Professor of Social and Political Theory, The Australian National University, Reconciling Pluralism and Consensus as Political Ideals, American Journal of Political Science,Vol. 50, No. 3, July 2006, Pp. 634–649 A more radical contemporary pluralism is suspicious of liberal and communitarian devices for reconciling difference AND ofliberal theory that looks neutral but in practice supports and serves the powerful. Difference democrats are hostile to consensus, partly because consensus decisionmaking (of the sort AND which Young also subscribes; 2000, 49–51), Mouffe states: To negate the ineradicable character of antagonism and aim at a universal rational consensus— that is the real threat to democracy. Indeed, this can lead to violence being unrecognized and hidden behind appeals to “rationality,” as is often the case in liberal thinking. (1996, 248) Mouffe is a radical pluralist: “By pluralism I mean the end of a AND respect” as “a critical pluralist ethos” (1999, 70). Mouffe and Young both want pluralism to be regulated by a particular kind of attitude AND need principles to regulate the substance of what rightfully belongs in democratic debate.
Constraints on deliberation are necessary to re-found the political---an untamed agon eviscerates political action and judgment skills Dana Villa 96—prof of political science, Amherst, Beyond Good and Evil: Arendt, Nietzsche, and the Aestheticization of Political Action, Political Theory, Vol. 20, No. 2 (May, 1992), pp. 274-308 The representative thinking made possible by disinterested judgment is Arendt‘s Kantian version of AND conditions,” thereby freeing us for the purely public aspect of the phenomenon. The difference between genealogical "objectivity" and representative judgment, between the kind of AND the possibility of meaning created by political action and redeemed by political judgment.
The impact outweighs—deliberative debate models impart skills vital to respond to existential threats Christian O. Lundberg 10 Professor of Communications @ University of North Carolina, Chapel Hill, “Tradition of Debate in North Carolina” in Navigating Opportunity: Policy Debate in the 21st Century By Allan D. Louden, p. 311
The second major problem with the critique that identifies a naivety in articulating debate and AND with the existential challenges to democracy in an increasingly complex world.
2NC
Debate as activism gets co-opted by those on the right Talisse 2005 – philosophy professor at Vanderbilt (Robert, Philosophy and Social Criticism, 31.4, “Deliberativist responses to activist challenges”) *note: gendered language in this article refers to arguments made by two specific individuals in an article by Iris Young My call for a more detailed articulation of the second activist challenge may be met AND altogether, and communicates only with his comrades. Here the discussion ends. However, the deliberativist has a further consideration to raise as his discursive partner departs AND of Young’s activist becomes more evidently problematic, even by his own standards. To explain: although Young’s discussion associates the activist always with politically progressive causes, AND a hegemonic ideology that currently dominates and systematically distorts our political discourses.21 The point here is not to imply that Young’s activist is no better than the AND more just society, but promote a set of ends that he opposes? It seems that Young’s activist has no way to deal with opposing activist programs except AND , activism entails a politics based upon interestbased power struggles amongst adversarial factions.
Deliberation is better than activism for debate---their framework presumes too much about the irredeemable nature of institutions which erodes nuance Talisse 5 Robert, Prof of Phil @ Vanderbilt, “Deliberativist responses to activist challenges” Philosophy and Social Criticism, 31.4 *gender modified The activist implicitly holds that there could be no reasoned objection to his views concerning AND reasoning with those who disagree, and hence no need to be reasonable. According to the deliberativist, this is the respect in which the activist is unreasonable AND as presented by Young’s activist, is an unreasonable model of political engagement.
Avoiding engaging the topic because the state is irredeemably racist over-essentializes modern black-life---switching sides on Afro-Pessimism crucial McWhorter 9—Associate Professor in the English and Comparative Literature, Columbia (John, What African-American Studies Could Be, www.mindingthecampus.com/originals/2009/09/by_john_mcwhorter_while_this.html)
The answer common in such departments is that the principal mission is to teach students AND disadvantage are the most important things to note and study about being black. The question is whether this, for all of its moral urgency in the local sense, qualifies as education under any serious definition. Typical is the curriculum of one African-American Studies department in a solid, selective state school west of the Mississippi. In this department, racism is, essentially, everything. One course teaches that "Housing discrimination systematically skews opportunities and life chances," another that "racism, sexism, and heterosexism shape black life chances in a 21st century context," while yet another zeroes in on "the effects of institutional racism on social policy, desegregation, integration, and affirmative action programs." Then there is "Blacks in the Media" - or, rather, one AND millions of blacks have overcome having never heard of politics of this kind. These views, nevertheless, have value and should be heard. Yet they are not, on their own, truth. They verge into excess and anti-empiricism as readily as views from the right. There exist as many intelligent "contestings" of these leftist views as there exist "contestings" of the writings of Shelby Steele or myself. In a university department worth the status, contesting from all sides must be heard.
Pessimism about the state is debilitating and locks in the sq Jones 99—Professor of Politicsat Cardiff U (Wyn Security, Strategy, and Critical Theory – 1999. ISBN 1-55587-335-9 Columbia International Affairs Online, September 1999)
An even more troubling feature of Adorno and Horkheimer’s analysis is the downplaying of individual AND around them in a progressive direction. Adorno and Horkheimer’s pessimism is unwarranted.
Their critiques of debate miss the mark—defending a topic that involves the state for the sake of deliberation is distinct from accepting it in our personal lives---limited content for deliberation in debate is key Talisse 2005 – philosophy professor at Vanderbilt (Robert, Philosophy and Social Criticism, 31.4, “Deliberativist responses to activist challenges”) *note: gendered language in this article refers to arguments made by two specific individuals in an article by Iris Young These two serious activist challenges may be summarized as follows. First, the activist AND However, I contend that the deliberativist has adequate replies to them both. Part of the response to the first challenge is offered by Young herself. The AND most part must be outside ongoing settings of official policy discussion’ (115). Although Young characterizes this decentered view of political discourse as requiring that deliberative democrats ‘ AND done both within existing structures and within new contexts. As Bohman argues, Deliberative politics has no single domain; it includes such diverse activities as formulating and achieving collective goals, making policy decisions and means and ends, resolving conflicts of interest and principle, and solving problems as they emerge in ongoing social life. Public deliberation therefore has to take many forms. (1996: 53) The second challenge requires a detailed response, so let us begin with a closer AND is a crucial principle in the activist’s case, but is nowhere argued. Moreover, the activist has given no arguments to support the claim that present modes AND term ‘distortion’ implies that something is being excluded that should be included. Clearly, then, there are some dialectical exclusions that are entirely appropriate. For AND correct the distorting factors that exist and block the generation of new distortions. As Young notes (116), James Bohman (1996: ch. 3) AND are distorting in important ways and that further discourse cannot remedy these distortions.
10/6/13
T restriction
Tournament: GSU | Round: 8 | Opponent: Michigan HM | Judge: Najor 1NC T Restrictions are prohibitions on action --- the aff is oversight Jean Schiedler-Brown 12, Attorney, Jean Schiedler-Brown and Associates, Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf 3. The ordinary definition of the term "restrictions" also does not include the reporting and monitoring or supervising terms and conditions that are included in the 2001 Stipulation. Black's Law Dictionary, 'fifth edition,(1979) defines "restriction" as; A limitation often imposed in a deed or lease respecting the use to which the AND agreed to some supervision conditions, but he did not agree to restrict his license. Restrictions on authority are distinct from conditions William Conner 78, former federal judge for the United States District Court for the Southern District of New York United States District Court, S. D. New York, CORPORACION VENEZOLANA de FOMENTO v. VINTERO SALES, http://www.leagle.com/decision/19781560452FSupp1108_11379 Plaintiff next contends that Merban was charged with notice of the restrictions on the authority AND were not authorized to act except upon the fulfillment of the specified conditions.
Targeted killing’s vital to counterterrorism—-disrupts leadership and makes carrying out attacks impossible
Kenneth Anderson 13, Professor of International Law at American University, June 2013, and#34;The Case for Drones,and#34; Commentary, Vol. 135, No. 6 Targeted killing of high-value terrorist targets, by contrast, is the end result of a long, independent intelligence process. What the drone adds to that intelligence might be considerable, through its surveillance capabilities — but much of the drone’s contribution will be tactical, providing intelligence that assists in the planning and execution of the strike itself, in order to pick the moment when there might be the fewest civilian casualties. Nonetheless, in conjunction with high-quality intelligence, drone warfare offers an unparalleled means to strike directly at terrorist organizations without needing a conventional or counterinsurgency approach to reach terrorist groups in their safe havens. It offers an offensive capability, rather than simply defensive measures, such as homeland security alone. Drone warfare offers a raiding strategy directly against the terrorists and their leadership. If one believes, as many of the critics of drone warfare do, that AND common enemies are examples of the methods that are just of military nature. Drone warfare today is integrated with a much larger strategic counterterrorism target — one in AND acknowledged in communications, have a significant impact on planning and organizational effectiveness.
Constraining targeted killing’s role in the war on terror causes extinction
Louis Rene Beres 11, Professor of Political Science and International Law at Purdue, 2011, and#34;After Osama bin Laden: Assassination, Terrorism, War, and International Law,and#34; Case Western Reserve Journal of International Law, 44 Case W. Res. J. Int’l L. 93 Even after the U.S. assassination of Osama bin Laden, we are AND that it could represent distinctly, even especially, law-enforcing behavior. For this to be the case, a number of particular conditions would need to AND populations than would all of the alternative forms of anticipatory self-defense. Such an argument may appear manipulative and dangerous; permitting states to engage in what AND international law may sometimes still require extraordinary methods of law-enforcement. n71 Let us suppose, for example, that a particular state determines that another state AND assassination could prove reasonable, life-saving, and cost-effective. What of another, more common form of anticipatory self-defense? Might a conventional military strike against the prospective attacker’s nuclear, biological or chemical weapons launchers and/or storage sites prove even more reasonable and cost-effective? A persuasive answer inevitably depends upon the particular tactical and strategic circumstances of the moment, and on the precise way in which these particular circumstances are configured. But it is entirely conceivable that conventional military forms of preemption would generate tangibly greater harms than assassination, and possibly with no greater defensive benefit. This suggests that assassination should not be dismissed out of hand in all circumstances as a permissible form of anticipatory self-defense under international law. ~*115~ What of those circumstances in which the threat to particular states would not involve higher AND , it could be followed, in certain circumstances, by unconventional attacks.
Nuclear terrorism is feasible—-high risk of theft and attacks escalate
Vladimir Z. Dvorkin ’12 Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences. The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, and#34;What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat,and#34; belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences AND a common understanding of these threats and develop a strategy to combat them.
Restrictions are prohibitions on action —- the aff is oversight
Jean Schiedler-Brown 12,Attorney, Jean Schiedler-Brown 26 Associates, Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf 3. The ordinary definition of the term and#34;restrictionsand#34; also does not include the reporting and monitoring or supervising terms and conditions that are included in the 2001 Stipulation. Black’s Law Dictionary, ’fifth edition,(1979) defines and#34;restrictionand#34; as; A limitation often imposed in a deed or lease respecting the use to which the AND or by interposing obstacle, to repress or suppress, to curb. In contrast, the terms and#34;superviseand#34; and and#34;supervisorand#34; are defined as AND merely routine or clerical nature, but required the use of independent judgment. Comparing the above definitions, it is clear that the definition of and#34;restrictionand#34; is very different from the definition of and#34;supervisionand#34;-very few of the same words are used to explain or define the different terms. In his 2001 stipulation, Mr. Kincheloe essentially agreed to some supervision conditions, but he did not agree to restrict his license.
Restrictions on authority are distinct from conditions
William Conner 78,former federal judge for the United States District Court for the Southern District of New York United States District Court, S. D. New York, CORPORACION VENEZOLANA de FOMENTO v. VINTERO SALES, http://www.leagle.com/decision/19781560452FSupp1108_11379 Plaintiff next contends that Merban was charged with notice of the restrictions on the authority AND were not authorized to act except upon the fulfillment of the specified conditions.
Vote neg—-
Neg ground—-only prohibitions on particular authorities guarantee links to every core argument like flexibility and deference
Precision—-only our interpretation defines and#34;restrictions on authorityand#34;—-that’s key to adequate preparation and policy analysis
2NC
T 2NC---Overview There's a clear brightline---restrictions require a floor and a ceiling---oversight is a floor but doesn't set a cap on the President's potential actions USCA 77, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 564 F.2d 292, 1977 U.S. App. LEXIS 10899,. 1978 Fire and Casualty Cases (CCH) P317 Continental argues that even if the Aetna and Continental policies provide coverage for the Cattuzzo accident, that coverage should 8 be limited to a total of $300,000 because Atlas agreed to procure "not less than" $300,000 coverage. The District Court properly found that the subcontract language does not support a restriction on the terms of Continental's policy because the subcontract only sets a floor, not a ceiling, for coverage. . 2NC---AT: Oversight Causes Change Oversight only allows Congress to discourage the President, not restrict --- this distinction is important Elizabeth Boalt 5, Professor of Law Emeritus, University of California, Berkeley, University of Arkansas at Little Rock School of Law The Journal of Appellate Practice and Process Fall, 20035 J. App. Prac. and Process 473, lexis Four questions follow: (1) Are discouraging words "restrictions" on citation under Rule 32.1? (2) What difference, if any, does it make? (3) What is the risk of judicial resistance to *493 no-citation rules, through discouraging words or other means? and (4) Should discouraging words be forbidden?
Are Discouraging Words "Restrictions" under Rule 32.1? The committee's statement notwithstanding, it is not clear that discouraging words have to be AND restriction" that was barred by Rule 32.1 as presently drafted. In the rules of some other circuits, however, the language disfavoring citation of AND , and hence that the citation was not permitted by the circuit rule. With what result? It would follow, paradoxically, that the opinion could be cited - because the circuit rule would be struck down under Rule 32.1 as a forbidden "restriction" on citation. The committee's double-negative drafting thus creates a Hall of Mirrors in which citation AND 32.1 strikes it down, and again the citation is permitted.
AT: Contextual Definitions Contextual definitions bad – intent to define outweighs Eric Kupferbreg 87, University of Kentucky, Senior Assistant Dean, Academic and Faculty Affairs at Northeastern University, College of Professional Studies Associate Director, Trust Initiative at Harvard School of Public Health 1987 “Limits - The Essence of Topicality” http://groups.wfu.edu/debate/MiscSites/DRGArticles/Kupferberg1987LatAmer.htm Often, field contextual definitions are too broad or too narrow for debate purposes. AND is a unique context, then additional considerations enter into our definitional analysis.
9/21/13
Terror Intel Case Turn
Tournament: Harvard | Round: 3 | Opponent: Boston College KK | Judge: THE Seth Gannon 1NC Exec flexibility on detention powers now Michael Tomatz 13, Colonel, B.A., University of Houston, J AND ON ENEMY DETENTION,” 69 A.F. L. Rev. 1 President Obama signed the NDAA "despite having serious reservations with certain provisions that regulate AND about known and hidden dangers, and preventing terrorists from continuing the fight.
Indefinite detention reforms result in catastrophic terrorism---releases terrorists and kills intel gathering Jack Goldsmith 09, Henry L. Shattuck Professor at Harvard Law School, 2/4/09, “Long-Term Terrorist Detention and Our National Security Court,” http://www.brookings.edu/~/media/research/files/papers/2009/2/0920detention20goldsmith/0209_detention_goldsmith.pdf These three concerns challenge the detention paradigm. They do nothing to eliminate the need AND in the past; having government authorities that reflect that change makes sense. Allied terror coop is high now, despite frictions Kristin Archick, European affairs specialist @ CRS, 9-4-2013, “U.S.-EU Cooperation Against Terrorism,” Congressional Research Service, http://www.fas.org/sgp/crs/row/RS22030.pdf As part of the EU’s efforts to combat terrorism since September 11, 2001, AND security and protection to citizens of all nations while also upholding individual rights.”
1NR Detention without trial is crucial to incapacitate high value terrorists---trials wreck intel and result in release of critical leadership because the US would lose the trials Jack Goldsmith 10, Henry L. Shattuck Professor at Harvard Law School, 10/8/10, “Don’t Try Terrorists, Lock Them Up,” http://www.nytimes.com/2010/10/09/opinion/09goldsmith.html The real lesson of the ruling, however, is that prosecution in either criminal AND to prosecute high-level terrorists and relied exclusively on military detention instead.
Due process collapses intelligence gathering --- sources dry up --- destroys the heart of counter-terror policy Delery Et.al. ’12 - Principal Deputy, Assistant Attorney General, Civil Division, DOJ Principal Deputy, Assistant Attorney General, Civil Division, STUART F. DELERY Defendants' Motion to Dismiss, United States' Statement of Interest, Case 1:12-cv-01192-RMC Document 18 Filed 12/14/12 Page 1 of 58, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, 12/14/2012 Third. Plaintiffs' claims raise the specter of disclosing classified intelligence information in open court AND classified information is a special factor in the "extraordinary rendition" context).
The United States Federal Government should condition the use of the President’s authority for targeted killings as a first resort to instances of self-defense or response to attack by a non-state actor located within a state has consented to the United States’ carrying out targeted killing missions within its borders, or that is unwilling or unable to prosecute or neutralize such actors. The standard of “unable or unwilling” should require offering notice, when feasible, to the targeted state and allowance of time for a good-faith effort to neutralize the threat to the United States. “Ability” should be defined by analysis of the level of sovereign control the state exercises over the territory in which the relevant non-state groups are located.
Competes---it’s functionally distinct from the plan because it makes no reference to active hostilities or geographical limits on targeted killing authority.
Solves the case---the U.S. and every other state already justify targeted killings with an “unable or unwilling” framework---no other legal model will ever achieve status as a norm---the plan forfeits the ability to shape that norm by clarifying its criteria Ashley S. Deeks 12, Academic Fellow, Columbia Law School, Spring 2012, “ARTICLE: "Unwilling or Unable": Toward a Normative Framework for Extraterritorial Self-Defense,” Virginia Journal of International Law, 52 Va. J. Int'l L. 483 In an August 2007 speech, then-Presidential candidate Barack Obama asserted that his AND Pakistan is unwilling or unable to strike against them, we should." n2 On May 2, 2011, the United States put those words into operation. AND response. The lack of guidance therefore has the potential to be costly. President Obama's speech invoked an important but little understood legal standard governing the use of AND threat in a way that the United States believes may not be adequate? Many states agree that the "unwilling or unable" test is the correct standard AND suppress the threat before using force without consent in that state's territory. n10 Given that academic discussion of the test has been limited thus far, we may AND (and proportional) to suppress the threat that the nonstate group poses. A test constructed at this level of generality offers insufficient guidance to states. Although AND solutions to -- the imprecision surrounding the "unwilling or unable" test. The test's lack of content undermines the legitimacy of the test as it currently is AND be "unwilling or unable" to suppress attacks by a nonstate actor. Identifying the test's pedigree demonstrates the legitimacy of the core test and helps to frame AND development and applications of the test in ascertaining what its meaning should be. It is worth noting that this test is not the only standard around which states AND the preferred test, a hurdle no other option is poised to meet. In considering the appropriate content of the test, I argue that the "unwilling AND reduce the frequency of) those that stand in tension with the test.
Net-beneficial---restricting targeted killing as a first resort outside active hostilities collapses counter-terrorism by signaling availability of safe havens and immunity from strikes---the “unable-unwilling” framework’s a distinct and better alternative Geoffrey Corn 13, Professor of Law and Presidential Research Professor, South Texas College of Law, 5/16/13, Statement before the Senate Armed Services Committee, CQ Congressional Testimony, lexis 3. What is the geographic scope of the AUMF and under what circumstances may the United States attack belligerent targets in the territory of another country? In my opinion, there is no need to amend the AUMF to define the AND with the strategic objective of preventing future terrorist attacks against the United States. I believe much of the momentum for asserting some arbitrary geographic limitation on the scope AND military objectives pursuant to the law of armed conflict are subjected to attack. I do not, however, intend to suggest that it is proper to view AND him to dictate when and where he will be subject to lawful attack. I believe this balance between legal authority and policy and diplomatic considerations is reflected in AND sovereignty concerns through diplomacy, focused on the strategic interests of the nation.
2NC
European allies specifically support the CP Anthony Dworkin 13, senior policy fellow at the European Council on Foreign Relations, “Drones And Targeted Killing: Defining A European Position”, July, http://ecfr.eu/page/-/ECFR84_DRONES_BRIEF.pdf Outside an armed conflict, the default European assumption would be that the threat of AND will be watching to see how far he matches his words with action.
Allies increasingly support limited uses of first-resort targeted killing in self-defense missions that take place outside the bounds of active hostilities Geoffrey S. Corn 12, Professor of Law and Presidential Research Professor, South Texas College of Law, 2012, “Blurring the Line Between the Jus ad Bellum and the Jus in Bello,” in Non-International Armed Conflict in the Twenty-First Century, p. 75-78 The statement by Legal Advisor Koh following the Bin Laden raid addressing U.S AND advent of the self-defense targeting theory purports to be just that.
Restrictions are prohibitions---that means the plan prohibits first-resort targeted killings outside active hostilities---conditions are distinct because they don’t prohibit Jean Schiedler-Brown 12, Attorney, Jean Schiedler-Brown and Associates, Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, The Court of Appeals of the State of Washington, Division 1, http://www.courts.wa.gov/content/Briefs/A01/68642920Appellant20Randall20Kincheloe27s.pdf 3. The ordinary definition of the term "restrictions" also does not include the reporting and monitoring or supervising terms and conditions that are included in the 2001 Stipulation. Black's Law Dictionary, 'fifth edition,(1979) defines "restriction" as; A limitation often imposed in a deed or lease respecting the use to which the AND or by interposing obstacle, to repress or suppress, to curb. In contrast, the terms "supervise" and "supervisor" are defined as AND merely routine or clerical nature, but required the use of independent judgment. Comparing the above definitions, it is clear that the definition of "restriction" is very different from the definition of "supervision"-very few of the same words are used to explain or define the different terms. In his 2001 stipulation, Mr. Kincheloe essentially agreed to some supervision conditions, but he did not agree to restrict his license.
Restrictions on authority are distinct from conditions William Conner 78, former federal judge for the United States District Court for the Southern District of New York United States District Court, S. D. New York, CORPORACION VENEZOLANA de FOMENTO v. VINTERO SALES, http://www.leagle.com/decision/19781560452FSupp1108_11379 Plaintiff next contends that Merban was charged with notice of the restrictions on the authority AND were not authorized to act except upon the fulfillment of the specified conditions.
Only the CP solves norms because it’s based on reforming a long-standing precedent of action by states---the plan isn’t Ashley S. Deeks 12, Academic Fellow, Columbia Law School, Spring 2012, “ARTICLE: "Unwilling or Unable": Toward a Normative Framework for Extraterritorial Self-Defense,” Virginia Journal of International Law, 52 Va. J. Int'l L. 483 Deriving factors largely from the statements and explanations of victim states means that those factors AND likely to respect standards rationally related to concerns they recognize as appropriate." n116
The CP bolsters legal norms by providing clarity in the conditions for the unable-unwilling standard---that makes condemning attacks that flout the law much more effective---solves drone prolif Ashley S. Deeks 12, Academic Fellow, Columbia Law School, Spring 2012, “ARTICLE: "Unwilling or Unable": Toward a Normative Framework for Extraterritorial Self-Defense,” Virginia Journal of International Law, 52 Va. J. Int'l L. 483 When a rule is not clear, actions taken pursuant to the rule are of AND powerful relative to the United States, this is not an insignificant consideration. The legitimacy of a norm can strengthen its "compliance pull" as well. AND defer opportunities for self-gratification. The rule's compliance pull evaporates." n94 We have a backline against any solvency deficit to this advantage---even if the CP doesn’t reduce U.S. drone strikes to the same degree as the plan, it does more to limit the usefulness of U.S. drone strikes as a precedent for others Ashley S. Deeks 12, Academic Fellow, Columbia Law School, Spring 2012, “ARTICLE: "Unwilling or Unable": Toward a Normative Framework for Extraterritorial Self-Defense,” Virginia Journal of International Law, 52 Va. J. Int'l L. 483 A clearer and more detailed "unwilling or unable" test also would allow the AND their actions should not be interpreted to broadly sanction the use of force.
Only the CP creates an effective international consensus around sovereignty---requiring states to meet the responsibility to combat terrorism as a condition of respect for sovereignty has broad international support and it’s key to counter-terror---only the CP can shape that norm positively Amitai Etzioni 13, professor of international relations at George Washington University, Summer 2013, “Article: A Liberal Communitarian Paradigm for Counterterrorism,” Stanford Journal of International Law, 49 Stan. J Int'l L. 330 To move toward a new paradigm I suggest one needs to build a case against AND as the protection of the environment, peace, and freedom from terror. As a starting point for such a case, one should note that sovereignty was AND that of the body politic and creates insurmountable complications for international law. n44 Stephen Krasner has demonstrated that throughout history the norm of sovereignty has been appealed to by rulers and statesmen when it was advantageous to them in holding onto their positions of power and authority. When it was *341 politically expedient to ignore the Westphalian norm, however Krasner finds that leaders were, by and large, weakly constrained by the norms of sovereignty. For example, Krasner discusses many interventions by the Western powers into the internal affairs AND a semi-autonomous Bulgaria, all previously parts of the Ottoman Empire. Krasner also highlights the ways Westphalian sovereignty has been sacrificed to both human rights and security concerns. British warships forcibly entered Brazilian ports in 1850 and destroyed those ships suspected of engaging in the slave trade. The pretext was that the Brazilian government was not adequately enforcing its own ban on slavery, which Brazil promised to Britain in an 1826 treaty in exchange for the latter's recognition of Brazilian statehood. Twentieth-century examples of this phenomenon abound. In the first quarter of the century, U.S. marines were deployed to Cuba, Haiti, Honduras, and the Dominican Republic, with each nation being subject to either a U.S. governor or a U.S.-sponsored regime change in the aftermath. From his survey of the concept's history, Krasner concludes by characterizing the norm of sovereignty as "organized hypocrisy," in that it is universally recognized but at the same time widely violated. n45 Many may quarrel with Krasner's choice of words, but he provides strong evidence that sovereignty was often violated for good and bad causes and thus does not have the inviolate standing those who favor it claim. The second key to understanding sovereignty as citizenship is the recognition that no right, AND so intended. n47 It should not be automatically heeded in either case. 2. Sovereignty as Conditional There is growing transnational consensus that sovereignty ought to be conditional. In the wake AND Economic, Social and Cultural Rights, in the mid-1960s. n49
The CP establishes an international doctrine of Responsibility to Counter Terrorism---that’s key to global normative dialogues which make sovereignty reflect positive obligations of states---and key to global CT Amitai Etzioni 13, professor of international relations at George Washington University, Summer 2013, “Article: A Liberal Communitarian Paradigm for Counterterrorism,” Stanford Journal of International Law, 49 Stan. J Int'l L. 330 The next step is to formulate a third responsibility of sovereign states that takes into AND unless such interventions are requested or consented to by a representative national government). If a country fails to uphold its Responsibility to Counter Terrorism (R2CT) - AND world community. And if states fail, they should face corrective measures. This is the case that ought to be made to change the norms, however AND all steps that relegitimate the concept of sovereignty instead of scaling it back. In short, there are numerous compelling and persuasive reasons not to view counterterrorism campaigns as wars and not to treat terrorists as soldiers. The responsibility of nations to prevent terrorists from using their land and assets is one that follows from the recognition that the world of national borders is losing its empirical footing and normative power. Communitarians stress that individuals do not merely have rights but also responsibilities, to each AND the common good. Curbing transnational terrorism ranks high on both these lists. *346 A word of caution: Idealists sometimes - out of a AND of preventing additional attacks than going after the terrorists before they attacked again. The three responsibilities of conditional sovereignty considered here - protection, nonproliferation and counterterrorism - AND case in some detail elsewhere - it is not further discussed here. n67
Political deliberation about war powers promotes agency and decision-making---reciprocity and public debate facilitates mutual respect that lays the groundwork for cooperation on other issues Dr. Amy Gutmann 4, President and Christopher H. Browne Distinguished Professor of Political Science in the School of Arts and Sciences and Professor of Communication in the Annenberg School for Communication University of Pennsylvania, AND Dennis Thompson, Alfred North Whitehead Professor of Political Philosophy in the Faculty of Arts and Sciences and in the John F. Kennedy School of Government, Emeritus Political Theory, "Why Deliberative Democracy?" press.princeton.edu/chapters/s7869.html WHAT DELIBERATIVE DEMOCRACY MEANS¶ To go to war is the most consequential decision a AND of deliberative democracy are justifiable; and how its critics can be answered. Public deliberation facilitates an informed citizenry based on mutual respect and leads to better policies---shutting down switch-side debate is arrogant and ethically bankrupt Dr. Amy Gutmann 4, President and Christopher H. Browne Distinguished Professor of Political Science in the School of Arts and Sciences and Professor of Communication in the Annenberg School for Communication University of Pennsylvania, AND Dennis Thompson, Alfred North Whitehead Professor of Political Philosophy in the Faculty of Arts and Sciences and in the John F. Kennedy School of Government, Emeritus Political Theory, "Why Deliberative Democracy?" press.princeton.edu/chapters/s7869.html What Purposes Does Deliberative Democracy Serve?¶ The general aim of deliberative democracy is AND produce an optimal result, not because they are not justified by reasons. Public deliberation unites citizens and politicians to lead to better decision-making and policies Dr. Amy Gutmann 4, President and Christopher H. Browne Distinguished Professor of Political Science in the School of Arts and Sciences and Professor of Communication in the Annenberg School for Communication University of Pennsylvania, AND Dennis Thompson, Alfred North Whitehead Professor of Political Philosophy in the Faculty of Arts and Sciences and in the John F. Kennedy School of Government, Emeritus Political Theory, "Why Deliberative Democracy?" press.princeton.edu/chapters/s7869.html In the face of disagreement, deliberative democracy tells citizens and their representatives to AND tends, over time, to reconcile its own instrumental and expressive values.
1NR
Academic, institutions-based debate regarding war powers is critical to check excessive presidential authority---college students key Kelly Michael Young 13, Associate Professor of Communication and Director of Forensics at Wayne State University, "Why Should We Debate About Restriction of Presidential War Powers", 9/4, public.cedadebate.org/node/13 Beyond its obviously timeliness, we believed debating about presidential war powers was important AND war powers. Even if we agree that these powers are justified, it is important that today’s college students understand and appreciate the scope and consequences of presidential war powers, as these students’ opinions will stand as an important potential check on the presidency. Academic debate over war power restrictions is critical to check excessive presidential authority and prevent future quagmires Julian E. Zelizer 11, Professor of History and Public Affairs at Princeton University, "War powers belong to Congress and the president", June 27, www.cnn.com/2011/OPINION/06/27/zelizer.war.powers/index.html But the failure of Congress to fully participate in the initial decision to use military AND on the campaign trail, should be a president who understands that reality.
Informed citizenry through debate critical to uphold democracy and ensure accountability Andrew Rudalevig 5, Associate Professor of Political Science, Dickinson College, 2005, “The New Imperial Presidency”, Ann Arbor, U of Mich Press, p. 281 Thus, as Justice Hotter Stewart observed in the Pentagon Papers case, "The AND own government; they must inquire, probe, care—and vote. As an educated citizen you have an obligation to demand checks on presidential power Cato Institute 9 “Reclaiming the War Power, http://www.cato.org/pubs/handbook/hb111/hb111-10.pdf If checks on executive power are to be restored, we will need far less AND war power will not be forthcoming unless and until American citizens demand it. A public informed about exec powers is key to preventing their abuse and changing institutions Daniel R. Williams 8, Associate Professor of Law, Northeastern University School of Law, “After the Gold Rush-Part II: Hamdi, the Jury Trial, and Our Degraded Public Sphere,” Penn State Law Review, Summer, 113 Penn St. L. Rev. 55, lexis nexis The classic Frankfurt School diagnosis of American culture is grim and pessimistic. Jurgen Habermas AND Habermas regard "the public sphere as the definitive institution of democracy." 164 Exec power has increased because of perceived public indifference and lack of comprehension about security issues Aziz Rana 12, Assistant Professor of Law, Cornell University Law School; A.B., Harvard College; J.D., Yale Law School; PhD., Harvard University, Connecticut Law Review July, 2012, 44 Conn. L. Rev. 1417, “COMMENTARY: NATIONAL SECURITY: LEAD ARTICLE: Who Decides on Security?” lexis nexis Despite over six decades of reform initiatives, the overwhelming drift of security arrangements in AND and then to watch those branches delegate such power back to the executive. Student debate about war powers is critical to overall American Political Development---influences the durable shifts in checks and balances Dominguez and Thoren 10 Casey BK, Department of Political Science and IR at the University of San Diego and Kim, University of San Diego, Paper prepared for the Annual Meeting of the Western Political Science Association, San Francisco, California, April 1-3, 2010, “The Evolution of Presidential Authority in War Powers”, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1580395 Students of American institutions should naturally be interested in the relationships between the president and AND study change over time in Congress’ relations to the other branches of government.
Uniqueness-~--there’s currently no legal consensus over how to define the battlefield in the war on terror-~--but clearly conflict takes place outside traditional battlefields Laurie R. Blank 10, Director, International Humanitarian Law Clinic, Emory Law School, 9/16/10, “DEFINING THE BATTLEFIELD IN CONTEMPORARY CONFLICT AND COUNTERTERRORISM: UNDERSTANDING THE PARAMETERS OF THE ZONE OF COMBAT,” Georgia Journal of International and Comparative Law, Vol. 39, No. 1, 2010, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1677965 The English language and traditional military discourse contain numerous terms to describe wartime areas. AND often to the day—when each of these conflicts began and ended. We cannot say the same for the current struggle against terrorism, often called the AND legal conundrums regarding the application of the law to military and counterterrorism operations.
Legally codifying the plan loses the war on terrorism-~--sends a signal that terrorists can have safe havens outside conflict zones and grants immunity to terror groups that hop borders-~--it’s unique because the rules’ current status as non-binding policy doesn’t link Geoffrey Corn 13, Professor of Law and Presidential Research Professor, South Texas College of Law, 5/16/13, Statement before the Senate Armed Services Committee, CQ Congressional Testimony, lexis 3. What is the geographic scope of the AUMF and under what circumstances may the United States attack belligerent targets in the territory of another country? In my opinion, there is no need to amend the AUMF to define the AND with the strategic objective of preventing future terrorist attacks against the United States. I believe much of the momentum for asserting some arbitrary geographic limitation on the scope AND military objectives pursuant to the law of armed conflict are subjected to attack. I do not, however, intend to suggest that it is proper to view AND him to dictate when and where he will be subject to lawful attack. Constraining targeted killing’s role in the war on terror causes extinction Louis Rene Beres 11, Professor of Political Science and International Law at Purdue, 2011, “After Osama bin Laden: Assassination, Terrorism, War, and International Law,” Case Western Reserve Journal of International Law, 44 Case W. Res. J. Intand#39;l L. 93 Even after the U.S. assassination of Osama bin Laden, we are AND that it could represent distinctly, even especially, law-enforcing behavior. For this to be the case, a number of particular conditions would need to AND populations than would all of the alternative forms of anticipatory self-defense. Such an argument may appear manipulative and dangerous; permitting states to engage in what AND international law may sometimes still require extraordinary methods of law-enforcement. n71 Let us suppose, for example, that a particular state determines that another state AND assassination could prove reasonable, life-saving, and cost-effective. What of another, more common form of anticipatory self-defense? Might a conventional military strike against the prospective attackerand#39;s nuclear, biological or chemical weapons launchers and/or storage sites prove even more reasonable and cost-effective? A persuasive answer inevitably depends upon the particular tactical and strategic circumstances of the moment, and on the precise way in which these particular circumstances are configured. But it is entirely conceivable that conventional military forms of preemption would generate tangibly greater harms than assassination, and possibly with no greater defensive benefit. This suggests that assassination should not be dismissed out of hand in all circumstances as a permissible form of anticipatory self-defense under international law. *115 What of those circumstances in which the threat to particular states would not involve higher AND , it could be followed, in certain circumstances, by unconventional attacks.
Nuclear terrorism is feasible-~--high risk of theft and attacks escalate Vladimir Z. Dvorkin ‘12 Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences. The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, and#34;What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat,and#34; belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences AND a common understanding of these threats and develop a strategy to combat them. Limiting targeted killings in Pakistan causes a shift to ground assaults-~--turns the case and collapses the Pakistani government Richard Weitz 11, Senior Fellow and Director of the Center for Political-Military Analysis at the Hudson Institute, 1/2/11, “WHY UAVS HAVE BECOME THE ANTI-TERROR WEAPON OF CHOICE IN THE AFGHAN-PAK BORDER,” http://www.sldinfo.com/why-uavs-have-become-the-anti-terror-weapon-of-choice-in-the-afghan-pak-border/ Perhaps the most important argument in favor of using UAV strikes in northwest Pakistan and other terrorist havens is that alternative options are typically worse. The Pakistani military has made clear that it is neither willing nor capable of repressing the terrorists in the tribal regions. Although the controversial ceasefire accords Islamabad earlier negotiated with tribal leaders have formally collapsed, the Pakistani Army has repeatedly postponed announced plans to occupy North Waziristan, which is where the Afghan insurgents and the foreign fighters supporting them and al-Qaeda are concentrated. Such a move that would meet fierce resistance from the region’s population, which has traditionally enjoyed extensive autonomy. The recent massive floods have also forced the military to divert its assets to humanitarian purposes, especially helping the more than ten million displaced people driven from their homes. But the main reason for their not attacking the Afghan Taliban or its foreign allies based in Pakistan’s tribal areas is that doing so would result in their joining the Pakistani Taliban in its vicious fight with the Islamabad government. Yet, sending in U.S. combat troops on recurring raids or a protracted occupation of Pakistani territory would provoke widespread outrage in Pakistan and perhaps in other countries as well since the UN Security Council mandate for the NATO-led International Security Assistance Force (ISAF) in Afghanistan only authorizes military operations in Pakistan. On the one known occasion when U.S. Special Forces actually conducted a AND U.S. forces attempting to cross the Afghan-Pakistan border. On several occasions since then, Pakistani troops and militia have fired at what they believed to be American helicopters flying from Afghanistan to deploy Special Forces on their territory, though there is no conclusive evidence that the U.S. military has ever attempted another large-scale commando raid in Pakistan after the September 2008 incident. Further large-scale U.S. military operations into Pakistan could easily rally popular support behind the Taliban and al-Qaeda. It might even precipitate the collapse of the Islambad government and its replacement by a regime in nuclear-armed Pakistan that is less friendly to Washington. Given these alternatives, continuing the drone strikes appears to be the best of the limited options available to deal with a core problem, giving sanctuary to terrorists striking US and coalition forces in Afghanistan and beyond.
Aggressive targeted killing policy’s key to stability in Yemen Alan W. Dowd 13, writes on national defense, foreign policy, and international security in multiple publications including Parameters, Policy Review, The Journal of Diplomacy and International Relations, World Politics Review, American Outlook, The Baltimore Sun, The Washington Times, The National Post, The Wall Street Journal Europe, The Jerusalem Post, and The Financial Times Deutschland, Winter-Spring 2013, “Drone Wars: Risks and Warnings,” Parameters, Vol. 42.4/43.1 At the beginning of President Hadi’s May offensive he, therefore, had a fractured AND , but they could also melt away in the face of military setbacks. Adding to his problems, President Hadi had only recently taken office after a long AND Yemeni officers indicated that they respected the fighting ability of their enemies.16 Shortly before the ground offensive, drones were widely reported in the US and international AND government, although it no longer ruled any urban centers in the south.
Warfighting 1NR
Aggressive targeted killing policy’s key to stability in Yemen Alan W. Dowd 13, writes on national defense, foreign policy, and international security in multiple publications including Parameters, Policy Review, The Journal of Diplomacy and International Relations, World Politics Review, American Outlook, The Baltimore Sun, The Washington Times, The National Post, The Wall Street Journal Europe, The Jerusalem Post, and The Financial Times Deutschland, Winter-Spring 2013, “Drone Wars: Risks and Warnings,” Parameters, Vol. 42.4/43.1 At the beginning of President Hadi’s May offensive he, therefore, had a fractured AND , but they could also melt away in the face of military setbacks. Adding to his problems, President Hadi had only recently taken office after a long AND Yemeni officers indicated that they respected the fighting ability of their enemies.16 Shortly before the ground offensive, drones were widely reported in the US and international AND government, although it no longer ruled any urban centers in the south.
Nuclear terrorism is feasible-~--high risk of theft and attacks escalate Vladimir Z. Dvorkin ‘12 Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences. The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, and#34;What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat,and#34; belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences AND a common understanding of these threats and develop a strategy to combat them.
Extinction-~--equivalent to 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.
First-resort targeting outside conflict zones is key to deny terrorist safe havens-~--it’s reverse-causal-~--codifying the restriction in the plan signals a massive victory for terrorists across the globe-~--and it’s unique because Obama’s able to re-expand first-resort targeted killings as long as he has the legal authority Geoffrey Corn 13, Professor of Law and Presidential Research Professor, South Texas College of Law, 2013, “Geography of Armed Conflict: Why it is a Mistake to Fish for the Red Herring,” International Legal Studies, 89 INT’L L. STUD. 77 (2013) TAC=Transnational Armed Conflict Prior to September 11 and the advent of TAC, there was virtually no discourse AND to extend beyond the “hot zone” of Afghan-istan.36 Of course, it also fueled criticism of the armed conflict characterization. Critics, AND and nullifies LOAC applicability—an issue lacking clear and consistent standards.40 Where the United States presses this advantage has been and remains the other major source AND and strategic realities drove the law applicability assessment, and not vice versa. The U.S. response to the September 11 terrorist attacks indicated the intent AND the nature of the threat drove a major shift in the response modality. While the TAC typology seemed to defy accepted international law cat-egorizations of armed AND —is essentially opportunity driven: the conflict follows the belligerent target.45
Our link destroys all their spin about the plan merely codifying current policy-~--the current approach makes limits on first-resort killings part of the rules of engagement, not a legal restriction on authority-~--legally codifying them would destroy flexibility Geoffrey Corn 13, Professor of Law and Presidential Research Professor, South Texas College of Law, 2013, “Geography of Armed Conflict: Why it is a Mistake to Fish for the Red Herring,” International Legal Studies, 89 INT’L L. STUD. 77 (2013) Ironically, when Professor Gabrielle Blum proposed such a limitation in her article The Dispensable AND that authority, we were much more closely aligned in our views.78 This latter aspect of the “capture or kill” debate is critical, and AND of the shock effect it will produce on the corporate enemy capability.80
The disad turns the entire case-~--legally codifying geographic limits causes the U.S. to circumvent the ban by relying on even worse legal justifications-~--that’s clearly net worse for both norms and allied perception Geoffrey Corn 13, Professor of Law and Presidential Research Professor, South Texas College of Law, 2013, “Geography of Armed Conflict: Why it is a Mistake to Fish for the Red Herring,” International Legal Studies, 89 INT’L L. STUD. 77 (2013) NOTE: “Sub rosa” denotes secrecy or confidentiality – Wikipedia The law of conflict regulation is arguably at a critical crossroads. If threat drives AND way to protect the State to legal liabilities based on inapposite legal norms.
Prefer our evidence-~--critics are wrong-~--drones are highly effective at CT, and don’t cause high civilian casualties or blowback Alex Young 13, Associate Staff, Harvard International Review, 2/25/13, “A Defense of Drones,” Harvard International Review, http://hir.harvard.edu/a-defense-of-drones The War on Terror is no longer a traditional conflict. The diffuse, decentralized AND , and other countries has changed the nature of the war on terror. This strategy is not without controversy. The Obama administration’s heavy use of unmanned drones AND use of drones exacerbates, rather than solves, the problem of terrorism. The reality is not so bleak: drones are very good at what they do. Unmanned attacks are highly effective when it comes to eliminating specific members of terrorist organizations, disrupting terrorist networks without creating too much collateral damage. Their effectiveness makes drone strikes a vital part of US counterterrorism strategy. Predator and Reaper drones are not the indiscriminate civilian-killers that some make them AND also help to mitigate anti-American sentiment that stems from civilian casualties.
Shifting to capture missions is impossible-~--every alternative to drones is worse for CT Daniel Byman 13, Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service at Georgetown University and a Senior Fellow at the Saban Center for Middle East Policy at the Brookings Institution, July/August 2013, “Why Drones Work,” Foreign Affairs, Vol. 92, No. 4 Critics of drone strikes often fail to take into account the fact that the alternatives AND . casualties, and possibly the deaths of the suspects and innocent civilians.
Capture raids in Pakistan cause mass casualties and catastrophic mission failure Michael Llenza 11, Senior Navy Fellow at the Atlantic Council and Foreign Affairs Specialist, NATO ISAF, Spring 2011, “Targeted Killings in Pakistan: A Defense,” Global Security Studies, Vol. 2, No. 2, http://globalsecuritystudies.com/Targeted20Killings.pdf In response to the call by several NGOs that the United States work with the Pakistani government in an attempt to arrest these targets, one must wonder the means by which this would be accomplished. Although it is correct to believe that the ideal manner by which to bring retribution upon these terrorists is through the legal process, it would imply that we are dealing with a government possessing such capabilities. As mentioned earlier in the paper, the region has remained semi-autonomous throughout AND arrest such individuals have resulted in heavy fighting and little to no gain. As in Somalia, an attempt to send in U.S. troops into the region to capture these individuals would be foolhardy at best and cost untold casualties on both sides (Anderson, 2009, p.7). The idea that these individuals could be prevented from carrying out further terror attacks by issuing an arrest order to the Pakistani government is tantamount to Israel demanding that the Palestinian Authority hand over all the Palestinians involved in plotting against it (Statman).
The U.S. won’t implement capture missions as an alternative to drone strikes Romesh Ratnesar 13, Deputy Editor of Bloomberg-Businessweek, 5/23/13, “Five Reasons Why Drones Are Here to Stay,” http://www.businessweek.com/printer/articles/119384-five-reasons-why-drones-are-here-to-stay 3. They’re Necessary. Despite their comparatively low cost and relative accuracy, killing AND badlands like these, drones will continue to be the least worst option.
