Loyola Roybal Aff
| Tournament | Round | Opponent | Judge | Cites | Round Report | Open Source | Edit/Delete |
|---|---|---|---|---|---|---|---|
| Contact Info | 1 | Contact Info | Contact Info |
|
| ||
| Heart of Texas | 1 | Denton Guyer SB | Skyler Harris |
|
|
| |
| Heart of Texas | 3 | Marlborough JK | Long, Annabelle |
|
|
| |
| Jack Howe | 1 | Millard North NL | Kotapati, Saketh |
|
|
| |
| Jack Howe | 3 | Marlborough AW | Yonter, Victoria |
|
|
| |
| Middle America Cup | 2 | Harrison Jessie Pein | Chen, Victor |
|
|
| |
| Middle America Cup | 4 | Lexington Anthony The | Anderson, Sam |
|
|
|
| Tournament | Round | Report |
|---|---|---|
| Heart of Texas | 1 | Opponent: Denton Guyer SB | Judge: Skyler Harris 1AC- Waivers |
| Heart of Texas | 3 | Opponent: Marlborough JK | Judge: Long, Annabelle 1AC- Vaccines |
| Jack Howe | 1 | Opponent: Millard North NL | Judge: Kotapati, Saketh 1AC- Vaccines |
| Jack Howe | 3 | Opponent: Marlborough AW | Judge: Yonter, Victoria 1AC-Vaccines |
| Middle America Cup | 2 | Opponent: Harrison Jessie Pein | Judge: Chen, Victor 1AC-Vaccines Util fw |
| Middle America Cup | 4 | Opponent: Lexington Anthony The | Judge: Anderson, Sam 1AC- Util Vaccines |
To modify or delete round reports, edit the associated round.
Cites
| Entry | Date |
|---|---|
0-Contact InfoTournament: Contact Info | Round: 1 | Opponent: Contact Info | Judge: Contact Info For Disclosure: | 9/18/21 |
SO-1AC-Util FWTournament: Middle America Cup | Round: 4 | Opponent: Lexington Anthony The | Judge: Anderson, Sam FWThe standard is maximizing expected wellbeing.1~ Pleasure is intrinsically valuable and pain is intrinsically disvaluableMoen 16 ~Ole Martin Moen, Research Fellow in Philosophy at University of Oslo "An Argument for Hedonism" Journal of Value Inquiry (Springer), 50 (2) 2016: 267–281~ SJDI AND places where we reach the end of the line in matters of value. 2~ Moreover, only pleasure and pain are intrinsically valuable. All other values can be explained with reference to pleasure; Occam’s razor requires us to treat these as instrumentally valuable.Moen 16 ~Ole Martin Moen, Research Fellow in Philosophy at University of Oslo "An Argument for Hedonism" Journal of Value Inquiry (Springer), 50 (2) 2016: 267–281~ SJDI AND why do they tend to point toward pleasure and away from pain?27 3~ Actor specificity:—-A~ Aggregation – every policy benefits some and harms others, so side constraints freeze action.—-B~ States lack wills or intentions since policies are collective actions.—-C~ No act-omission distinction—governments are responsible for everything in the public sphere, so inaction is implicit authorization of action: they have to yes/no bills, which means everything collapse to aggregation.—-D~ Actor-specificity first since different agents have different ethical standings. Link turns calc indicts because the alt would be no action.4~ Lexical pre-requisite: threats to bodily security preclude the ability for moral actors to effectively act upon other moral theories since they are in a constant state of crisis that inhibits the ideal moral conditions which other theories presuppose5~ Use epistemic modesty – that’s multiplying the probability of a framework being true by its general contention impact –—-A~ It maximizes the probability of achieving net most moral value—beating a framework acts as mitigation to their impacts but the strength of that mitigation is contingent—-B~ EC is too high a burden—thousands of years of philosophy can’t be resolved in 40 minutes.—-C~ Topic education—disincentives debaters from going all in for framework which means we get the ideal balance between topic ed and phil ed—it’s important to talk about contention-level offense because we only have the topic for two months.—-D~ Clash — we don’t know if our frameworks are true, but we can debate the topical question. That incentivizes debating both layers instead of solely focusing on framework.6~ Extinction comes first under any frameworkPummer 15 ~Theron, Junior Research Fellow in Philosophy at St. Anne's College, University of Oxford. "Moral Agreement on Saving the World" Practical Ethics, University of Oxford. May 18, 2015~ AT, recut BWSEKL. AND be acting very wrongly." (From chapter 36 of On What Matters) | 9/26/21 |
SO-1AC-VaccinesTournament: Jack Howe | Round: 1 | Opponent: Millard North NL | Judge: Kotapati, Saketh 1AC – AdvantageThe advantage is global vaccination –Experts agree current vaccination initiatives fail – Global South manufacturing capacity is keyMaxmen, Ph.D., 9/16 ~Amy Maxmen, PhD, 9/16/21, Senior Reporter at Nature, "The fight to manufacture COVID vaccines in lower-income countries," Nature, https://doi.org/10.1038/d41586-021-02383-z//lhs-ap~~ AND supplies, and they visited the plants to teach them the manufacturing process. The key internal link is manufacturing capacity not vaccines – Only future production resolves increased travel and new variantsGostin 6/10 ~Lawrence O. Gostin, JD, Georgetown University Law Center; June 10, 2021; "9 Steps to End COVID-19 and Prevent the Next Pandemic: Essential Outcomes From the World Health Assembly," JAMA Health Forum. 2021;2(6):e211852. doi:10.1001/jamahealthforum.2021.1852lhs-ap~ AND impede vaccine discovery and production in low- and middle-income countries. The vaccine shortage will worsen global political instability –1 – Increases the number and severity of violent protestsLabott 7/22 ~Elise Labott, a columnist at Foreign Policy and an adjunct professor at American University’s School of International Service. July 22, 2021, "Get Ready for a Spike in Global Unrest," Foreign Policy, https://foreignpolicy.com/2021/07/22/covid-global-unrest-political-upheaval//lhs-ap~~ AND for the world’s poorest to recover from the economic impacts of the pandemic." 2 – Causes global terror networks including resurgent Boko HaramNamayanja 6/10 ~Rose Namayanja is a Ugandan lawyer and author. She is the former Uganda information minister and current Deputy Secretary General of the National Resistance Movement, the ruling party. She is a graduate of the Defence Academy of the United Kingdom. June 10, 2021, " Lack of Vaccines Fuels Terrorism in Africa," Foreign Policy, https://foreignpolicy.com/2021/06/10/vaccines-africa-terrorism-covid-19//lhs-ap~~ AND around the world, conflict and the coronavirus have never been far apart." Pandemic instability goes nuclear – ExtinctionRECNA et al. 21 ~Research Center for Nuclear Weapons Abolition, Nagasaki University (RECNA), Asia Pacific Leadership Network (APLN) and Nautilus Institute (2021) Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report, Journal for Peace and Nuclear Disarmament, 4:sup1, 6-39, DOI: 10.1080/25751654.2021.1890867lhs-ap~ AND by nuclear threat, with cascading effects on the risk of nuclear war. 1AC – PlanPlan: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines by implementing a COVID-19 vaccine waiver."Resolved" means to enact a policy by lawWords and Phrases 64 (Permanent Edition) AND ," which is defined by Bouvier as meaning "to establish by law". Negating an ought statement means proving prohibition.Oxford Dictionary "ought, ought not" Oxford American Large Print Dictionary 2008 Oxford University Press AND duty, or necessity, and use should for expressing suitability or appropriateness. Ought indicates a moral obligation per common usageChrisman 12 Chrisman, Matthew ~The Department of Philosophy in The School of Philosophy Psychology and Language~. "‘Ought’and Control." Australasian Journal of Philosopy 90.3 (2012): 433-451. AND for ‘ought’ to do so. But what does ‘ought’ mean? "reduce" excludes complete eliminationMichigan District Court 2011 "SAGINAW OFFICE SERVICE, INC., Plaintiff, v. BANK OF AMERICA, N.A., Defendant. Civil Action No. 09-CV-13889 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION," Lexis AND embody an expansive scope that views complete deletion as a subset of diminution. 1AC – SolvencyWaiver accelerates vaccine production and innovationKavanagh et al. 7/1 ~Matthew M. Kavanagh, PhD1,2; Lawrence O. Gostin, JD1; Madhavi Sunder, JD1; 1Georgetown University Law Center, Washington, DC; 2Department of International Health, Georgetown University, Washington, DC; July 1, 2021, "Sharing Technology and Vaccine Doses to Address Global Vaccine Inequity and End the COVID-19 Pandemic," JAMA. 2021;326(3):219-220. doi:10.1001/jama.2021.10823lhs-ap~ AND on mRNA vaccine formulations stored at room temperature for lower-resource settings. Threat of alternate vaccine sources alone drives manufacturers to expand accessZarocostas quoting Appleton 5/22 ~John, Geneva-based independent international correspondent and broadcaster; Arthur, adjunct professor at Johns Hopkins University, May 22, 2021, The Lancet, Vol 397, https://doi.org/10.1016/S0140-6736(21)01151-X//lhs-ap~~ AND may also lead to voluntary licensing agreements on terms favourable to developing countries." No alt causes – Waiver includes broader information sharing, not just patent enforcementLabonté 5/21 ~Ronald Labonté, School of Epidemiology and Public Health, University of Ottawa, Ottawa, ON, Canada; Mira Johri, École de santé publique, Université de Montréal, Montréal, QC, Canada; Katrina Plamondon, School of Nursing, Faculty of Health and Social Development, University of British Columbia, Vancouver, BC, Canada; Srinivas Murthy, Faculty of Medicine, University of British Columbia, Vancouver, BC, Canada; 21 May 2021; Canada, global vaccine supply, and the TRIPS waiver. Can J Public Health 112, 543–547 (2021). https://doi.org/10.17269/s41997-021-00541-4//lhs-ap~~ AND but not the multi-billion-dollar profits some of them anticipate. Yes production capacity – IP is the only barrierFatton, Jr., 9/6 ~Robert, Department of Politics, University of Virginia, Charlottesville, VA; "The Paradoxes of the Pandemic and World Inequalities;" Soc. Sci. 2021, 10, 332. doi.org/10.3390/socsci10090332lhs-ap~ AND for enough of the world to be vaccinated to prevent further transmission".108 Public funding, not intellectual property, drives vaccine innovationRajeesh Kumar is Associate Fellow at Manohar Parrikar Institute for Defence Studies and Analyses, New Delhi. 7/12/21 https://www.idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721 AND Moreover, private companies reaped billions in profits from COVID-19 vaccines. Waiver solves funding by incentivizing investmentRajeesh Kumar is Associate Fellow at Manohar Parrikar Institute for Defence Studies and Analyses, New Delhi. 7/12/21 https://www.idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721 AND TRIPS restriction, more governments and companies will invest in repurposing their facilities. Waiver precedent exempts vaccines during a pandemic from IP – That’s key to fast distributionLindsey, JD Harvard, 21 AND up by blocking competitors and raising prices pushes in the completely wrong direction. 1AC – FWNuclear war is a bad consequence –3~ Reducing existential risks is the top priority in any coherent moral theoryPlummer, PhD, 15 AND be acting very wrongly." (From chapter 36 of On What Matters) Consequentialism is good –1~ Actor specificity – A~ Aggregation – every policy benefits some and harms others, so side constraints freeze action. B~ States lack wills or intentions since policies are collective actions. C~ No act-omission distinction—governments are responsible for everything in the public sphere, so inaction is implicit authorization of action: they have to yes/no bills, which means everything collapse to aggregation. D~ Actor-specificity first since different agents have different ethical standings. Link turns calc indicts because the alt would be no action.2~ No intent-foresight distinction – A~ Choosing to omit is an act itself since a consequence becomes part of our deliberation once we foresee it, so it becomes intrinsic to our action B~ Intuition – Else states wouldn’t ban murder since it’s not their responsibility, and I wouldn’t be culpable for leaving poisoned dog food outside for my pet to eat. Outweighs – All moral statements, even modus ponens are based on intuitions. | 9/18/21 |
SO-1AC-Vaccines v2Tournament: Jack Howe | Round: 3 | Opponent: Marlborough AW | Judge: Yonter, Victoria 1AC – New Version 9/171AC – AdvantageThe advantage is global vaccination –Experts agree current vaccination initiatives fail – Global South manufacturing capacity is keyMaxmen, Ph.D., 9/16 ~Amy Maxmen, PhD, 9/16/21, Senior Reporter at Nature, "The fight to manufacture COVID vaccines in lower-income countries," Nature, https://doi.org/10.1038/d41586-021-02383-z//lhs-ap~~ AND supplies, and they visited the plants to teach them the manufacturing process. The key internal link is manufacturing capacity not vaccines – Only future production resolves increased travel and new variantsGostin 6/10 ~Lawrence O. Gostin, JD, Georgetown University Law Center; June 10, 2021; "9 Steps to End COVID-19 and Prevent the Next Pandemic: Essential Outcomes From the World Health Assembly," JAMA Health Forum. 2021;2(6):e211852. doi:10.1001/jamahealthforum.2021.1852lhs-ap~ AND impede vaccine discovery and production in low- and middle-income countries. The vaccine shortage will worsen global political instability –1 – Increases the number and severity of violent protestsLabott 7/22 ~Elise Labott, a columnist at Foreign Policy and an adjunct professor at American University’s School of International Service. July 22, 2021, "Get Ready for a Spike in Global Unrest," Foreign Policy, https://foreignpolicy.com/2021/07/22/covid-global-unrest-political-upheaval//lhs-ap~~ AND for the world’s poorest to recover from the economic impacts of the pandemic." 2 – Causes global terror networks including resurgent Boko HaramNamayanja 6/10 ~Rose Namayanja is a Ugandan lawyer and author. She is the former Uganda information minister and current Deputy Secretary General of the National Resistance Movement, the ruling party. She is a graduate of the Defence Academy of the United Kingdom. June 10, 2021, " Lack of Vaccines Fuels Terrorism in Africa," Foreign Policy, https://foreignpolicy.com/2021/06/10/vaccines-africa-terrorism-covid-19//lhs-ap~~ AND around the world, conflict and the coronavirus have never been far apart." Pandemic instability goes nuclear – ExtinctionRECNA et al. 21 ~Research Center for Nuclear Weapons Abolition, Nagasaki University (RECNA), Asia Pacific Leadership Network (APLN) and Nautilus Institute (2021) Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report, Journal for Peace and Nuclear Disarmament, 4:sup1, 6-39, DOI: 10.1080/25751654.2021.1890867lhs-ap~ AND by nuclear threat, with cascading effects on the risk of nuclear war. 1AC – PlanPlan: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines by implementing a COVID-19 vaccine waiver.1AC – SolvencyWaiver accelerates vaccine production and innovationKavanagh et al. 7/1 ~Matthew M. Kavanagh, PhD1,2; Lawrence O. Gostin, JD1; Madhavi Sunder, JD1; 1Georgetown University Law Center, Washington, DC; 2Department of International Health, Georgetown University, Washington, DC; July 1, 2021, "Sharing Technology and Vaccine Doses to Address Global Vaccine Inequity and End the COVID-19 Pandemic," JAMA. 2021;326(3):219-220. doi:10.1001/jama.2021.10823lhs-ap~ AND on mRNA vaccine formulations stored at room temperature for lower-resource settings. Threat of alternate vaccine sources alone drives manufacturers to expand accessZarocostas quoting Appleton 5/22 ~John, Geneva-based independent international correspondent and broadcaster; Arthur, adjunct professor at Johns Hopkins University, May 22, 2021, The Lancet, Vol 397, https://doi.org/10.1016/S0140-6736(21)01151-X//lhs-ap~~ AND may also lead to voluntary licensing agreements on terms favourable to developing countries." No alt causes – Waiver includes broader information sharing, not just patent enforcementLabonté 5/21 ~Ronald Labonté, School of Epidemiology and Public Health, University of Ottawa, Ottawa, ON, Canada; Mira Johri, École de santé publique, Université de Montréal, Montréal, QC, Canada; Katrina Plamondon, School of Nursing, Faculty of Health and Social Development, University of British Columbia, Vancouver, BC, Canada; Srinivas Murthy, Faculty of Medicine, University of British Columbia, Vancouver, BC, Canada; 21 May 2021; Canada, global vaccine supply, and the TRIPS waiver. Can J Public Health 112, 543–547 (2021). https://doi.org/10.17269/s41997-021-00541-4//lhs-ap~~ AND but not the multi-billion-dollar profits some of them anticipate. Yes production capacity – IP is the only barrierFatton, Jr., 9/6 ~Robert, Department of Politics, University of Virginia, Charlottesville, VA; "The Paradoxes of the Pandemic and World Inequalities;" Soc. Sci. 2021, 10, 332. doi.org/10.3390/socsci10090332lhs-ap~ AND for enough of the world to be vaccinated to prevent further transmission".108 Public funding, not intellectual property, drives vaccine innovationRajeesh Kumar is Associate Fellow at Manohar Parrikar Institute for Defence Studies and Analyses, New Delhi. 7/12/21 https://www.idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721 AND Moreover, private companies reaped billions in profits from COVID-19 vaccines. Waiver solves funding by incentivizing investmentRajeesh Kumar is Associate Fellow at Manohar Parrikar Institute for Defence Studies and Analyses, New Delhi. 7/12/21 https://www.idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721 AND TRIPS restriction, more governments and companies will invest in repurposing their facilities. Waiver precedent exempts vaccines during a pandemic from IP – That’s key to fast distributionLindsey, JD Harvard, 21 AND up by blocking competitors and raising prices pushes in the completely wrong direction. | 9/19/21 |
SO-1AC-Vaccines v3Tournament: Middle America Cup | Round: 2 | Opponent: Harrison Jessie Pein | Judge: Chen, Victor 1AC – New Version 9/171AC – AdvantageThe advantage is global vaccination –Experts agree current vaccination initiatives fail – Global South manufacturing capacity is keyMaxmen, Ph.D., 9/16 ~Amy Maxmen, PhD, 9/16/21, Senior Reporter at Nature, "The fight to manufacture COVID vaccines in lower-income countries," Nature, https://doi.org/10.1038/d41586-021-02383-z//lhs-ap~~ AND supplies, and they visited the plants to teach them the manufacturing process. The key internal link is manufacturing capacity not vaccines – Only future production resolves increased travel and new variantsGostin 6/10 ~Lawrence O. Gostin, JD, Georgetown University Law Center; June 10, 2021; "9 Steps to End COVID-19 and Prevent the Next Pandemic: Essential Outcomes From the World Health Assembly," JAMA Health Forum. 2021;2(6):e211852. doi:10.1001/jamahealthforum.2021.1852lhs-ap~ AND impede vaccine discovery and production in low- and middle-income countries. The vaccine shortage will worsen global political instability –1 – Increases the number and severity of violent protestsLabott 7/22 ~Elise Labott, a columnist at Foreign Policy and an adjunct professor at American University’s School of International Service. July 22, 2021, "Get Ready for a Spike in Global Unrest," Foreign Policy, https://foreignpolicy.com/2021/07/22/covid-global-unrest-political-upheaval//lhs-ap~~ AND for the world’s poorest to recover from the economic impacts of the pandemic." 2 – Causes global terror networks including resurgent Boko HaramNamayanja 6/10 ~Rose Namayanja is a Ugandan lawyer and author. She is the former Uganda information minister and current Deputy Secretary General of the National Resistance Movement, the ruling party. She is a graduate of the Defence Academy of the United Kingdom. June 10, 2021, " Lack of Vaccines Fuels Terrorism in Africa," Foreign Policy, https://foreignpolicy.com/2021/06/10/vaccines-africa-terrorism-covid-19//lhs-ap~~ AND around the world, conflict and the coronavirus have never been far apart." Resurgent Boko Haram risks nuclear terrorismFyanka 20 ~Bernard B. Fyanka Holds a Ph.D. in History and Strategic Studies from the University of Lagos, Akoka Lagos Nigeria. (2020): Chemical, biological, radiological and nuclear (CBRN) terrorism: Rethinking Nigeria’s counterterrorism strategy, African Security Review, DOI: 10.1080/10246029.2019.1698441lhs-ap~ AND massive Iraqi weapons facility; their current status and whereabouts remain unknown.43 Pandemic instability goes nuclear – ExtinctionRECNA et al. 21 ~Research Center for Nuclear Weapons Abolition, Nagasaki University (RECNA), Asia Pacific Leadership Network (APLN) and Nautilus Institute (2021) Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report, Journal for Peace and Nuclear Disarmament, 4:sup1, 6-39, DOI: 10.1080/25751654.2021.1890867lhs-ap~ AND by nuclear threat, with cascading effects on the risk of nuclear war. 1AC – PlanPlan: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines by implementing a COVID-19 vaccine waiver.1AC – SolvencyWaiver accelerates vaccine production and innovationKavanagh et al. 7/1 ~Matthew M. Kavanagh, PhD1,2; Lawrence O. Gostin, JD1; Madhavi Sunder, JD1; 1Georgetown University Law Center, Washington, DC; 2Department of International Health, Georgetown University, Washington, DC; July 1, 2021, "Sharing Technology and Vaccine Doses to Address Global Vaccine Inequity and End the COVID-19 Pandemic," JAMA. 2021;326(3):219-220. doi:10.1001/jama.2021.10823lhs-ap~ AND on mRNA vaccine formulations stored at room temperature for lower-resource settings. No alt causes – Waiver includes broader information sharing, not just patent enforcementLabonté 5/21 ~Ronald Labonté, School of Epidemiology and Public Health, University of Ottawa, Ottawa, ON, Canada; Mira Johri, École de santé publique, Université de Montréal, Montréal, QC, Canada; Katrina Plamondon, School of Nursing, Faculty of Health and Social Development, University of British Columbia, Vancouver, BC, Canada; Srinivas Murthy, Faculty of Medicine, University of British Columbia, Vancouver, BC, Canada; 21 May 2021; Canada, global vaccine supply, and the TRIPS waiver. Can J Public Health 112, 543–547 (2021). https://doi.org/10.17269/s41997-021-00541-4//lhs-ap~~ AND but not the multi-billion-dollar profits some of them anticipate. Yes production capacity – IP is the only barrierFatton, Jr., 9/6 ~Robert, Department of Politics, University of Virginia, Charlottesville, VA; "The Paradoxes of the Pandemic and World Inequalities;" Soc. Sci. 2021, 10, 332. doi.org/10.3390/socsci10090332lhs-ap~ AND for enough of the world to be vaccinated to prevent further transmission".108 Public funding, not intellectual property, drives vaccine innovationRajeesh Kumar is Associate Fellow at Manohar Parrikar Institute for Defence Studies and Analyses, New Delhi. 7/12/21 https://www.idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721 AND Moreover, private companies reaped billions in profits from COVID-19 vaccines. Waiver solves funding by incentivizing investmentRajeesh Kumar is Associate Fellow at Manohar Parrikar Institute for Defence Studies and Analyses, New Delhi. 7/12/21 https://www.idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721 AND TRIPS restriction, more governments and companies will invest in repurposing their facilities. Waiver precedent exempts vaccines during a pandemic from IP – That’s key to fast distributionLindsey, JD Harvard, 21 Waiving patent protections is certainly no panacea. What is needed most urgently is a massive drive of technology transfer, capacity expansion, and supply line coordination to bring vaccine supply in line with global demand. Dispensing with patents in no way obviates the need for governments to fund and oversee this effort. Although focusing on these immediate constraints is vital, we cannot confine our attention to the short term. First of all, the COVID-19 pandemic is far from over. Although Americans can now see the light at the end of the tunnel thanks to the rapid rollout of vaccines, most of the world isn’t so lucky. The virus is currently raging in India and throughout South America, overwhelming health care systems and inflicting suffering and loss on a horrific scale. And consider the fact that Australia, which has been successful in suppressing the virus, recently announced it was sticking to plans to keep its borders closed until mid-2022. Criticisms of the TRIPS waiver that focus only on the next few months are therefore short-sighted: this pandemic could well drag on long enough for elimination of patent restrictions to enable new vaccine producers to make a positive difference. Furthermore, and probably even more important, this is almost certainly not the last pandemic we will face. Urbanization, the spread of factory-farming methods, and globalization all combine to increase the odds that a new virus will make the jump from animals to humans and then spread rapidly around the world. Prior to the current pandemic, the 21st century already saw outbreaks of SARS, H1N1, MERS, and Ebola. Everything we do and learn in the current crisis should be viewed from the perspective of getting ready for next time. THE NATURE OF THE PATENT BARGAIN When we take the longer view, we can see a fundamental mismatch between the policy design of intellectual property protection and the policy requirements of effective pandemic response. Although patent law, properly restrained, constitutes one important element of a well-designed national innovation system, the way it goes about encouraging technological progress is singularly ill-suited to the emergency conditions of a pandemic or other public health crisis. Securing a TRIPS waiver for COVID-19 vaccines and treatments would thus establish a salutary precedent that, in emergencies of this kind, governments should employ other, more direct means to incentivize the development of new drugs. Here is the basic bargain offered by patent law: encourage the creation of useful new ideas for the long run by slowing the diffusion of useful new ideas in the short run. The second half of the bargain, the half that imposes costs on society, comes from the temporary exclusive rights, or monopoly privileges, that a patent holder enjoys. Under U.S. patent law, for a period of 20 years nobody else can manufacture or sell the patented product without the permission of the patent holder. This allows the patent holder to block competitors from the market, or extract licensing fees before allowing them to enter, and consequently charge above-market prices to its customers. Patent rights thus slow the diffusion of a new invention by restricting output and raising prices. The imposition of these short-run costs, however, can bring net long-term benefits by sharpening the incentives to invent new products. In the absence of patent protection, the prospect of easy imitation by later market entrants can deter would-be innovators from incurring the up-front fixed costs of research and development. But with a guaranteed period of market exclusivity, inventors can proceed with greater confidence that they will be able to recoup their investment. For the tradeoff between costs and benefits to come out positive on net, patent law must strike the right balance. Exclusive rights should be valuable enough to encourage greater innovation, but not so easily granted or extensive in scope or term that this encouragement is outweighed by output restrictions on the patented product and discouragement of downstream innovations dependent on access to the patented technology. Unfortunately, the U.S. patent system at present is out of balance. Over the past few decades, the expansion of patentability to include software and business methods as well as a general relaxation of patenting requirements have led to wildly excessive growth in these temporary monopolies: the number of patents granted annually has skyrocketed roughly fivefold since the early 1980s. One unfortunate result has been the rise of "non-practicing entities," better known as patent trolls: firms that make nothing themselves but buy up patent portfolios and monetize them through aggressive litigation. As a result, a law that is supposed to encourage innovation has turned into a legal minefield for many would-be innovators. In the pharmaceutical industry, firms have abused the law by piling up patents for trivial, therapeutically irrelevant "innovations" that allow them to extend their monopolies and keep raising prices long beyond the statutorily contemplated 20 years. Patent law is creating these unintended consequences because policymakers have been caught in an ideological fog that conflates "intellectual property" with actual property rights over physical objects. Enveloped in that fog, they regard any attempts to put limits on patent monopolies as attacks on private property and view ongoing expansions of patent privileges as necessary to keep innovation from grinding to a halt. In fact, patent law is a tool of regulatory policy with the usual tradeoffs between costs and benefits; like all tools, it can be misused, and as with all tools there are some jobs for which other tools are better suited. A well-designed patent system, in which benefits are maximized and costs kept to a minimum, is just one of various policy options that governments can employ to stimulate technological advance—including tax credits for RandD, prizes for targeted inventions, and direct government support. PUBLIC HEALTH EMERGENCIES AND DIRECT GOVERNMENT SUPPORT For pandemics and other public health emergencies, patents’ mix of costs and benefits is misaligned with what is needed for an effective policy response. The basic patent bargain, even when well struck, is to pay for more innovation down the road with slower diffusion of innovation today. In the context of a pandemic, that bargain is a bad one and should be rejected entirely. Here the imperative is to accelerate the diffusion of vaccines and other treatments, not slow it down. Giving drug companies the power to hold things up by blocking competitors and raising prices pushes in the completely wrong direction.1AC – FramingThe standard is maximizing expected wellbeing.1~ Actor spec—governments must use util because they don’t have intentions and are constantly dealing with tradeoffs—outweighs since different agents have different obligations—takes out calc indicts since they are empirically denied.2~ Death is bad and outweighs – a~ agents can’t act if they fear for their bodily security which constrains every ethical theory, b~ it destroys the subject itself – kills any ability to achieve value in ethics since life is a prerequisite which means it’s a side constraint since we can’t reach the end goal of ethics without life3~ Pleasure and pain are the starting point for moral reasoning—they’re our most baseline desires and the only things that explain the intrinsic value of objects or actions4~ Extinction outweighs:A~ Life outweighs because value fluctuates.Bernstein 02 (Richard J., Vera List Prof. Phil. – New School for Social Research, "Radical Evil: A Philosophical Interrogation", p. 188-192) AND , include the future wholeness of Man among the objects of your will." B~ Uncertainty and reversibility.MacAskill 14 ~William, Oxford Philosopher and youngest tenured philosopher in the world, Normative Uncertainty, 2014~ AND prevent human extinction. Second, human extinction is by its nature an irreversible C~ Structural violence- death causes suffering because people can’t get access to resources and basic necessitiesD~ Objectivity- body count is the most objective way to calculate impacts because comparing suffering is unethical | 9/25/21 |
SO-1AC-Vaccines v4Tournament: Middle America Cup | Round: 4 | Opponent: Lexington Anthony The | Judge: Anderson, Sam 1AC – Global VaccinationCOVID in the Global South is getting worse – Only quick vaccine waiver implementation reduces global spread.OAG 6/26 ~July 26, 2021, "Report warns that Global South faces "deadliest stage of pandemic"," Open Access Government, https://www.openaccessgovernment.org/global-south-pandemic/116091//lhs-ap~~ AND world needs to take urgent action to avoid repeated India-style outbreaks." Current solutions like COVAX have failed – Many populations remain dangerously unvaccinatedOsborn 8/6 ~Catherine Osborn is the writer of Foreign Policy’s weekly Latin America Brief. She is a print and radio journalist based in Rio de Janeiro. August 6, 2021, "COVAX Is Not Working," Foreign Policy, https://foreignpolicy.com/2021/08/06/latin-america-covid-pandemic-who-wto-covax-vaccine-delay-delta-variant//lhs-ap~~ AND migrants usually seek work, remains hard-hit by COVID-19. The key internal link is manufacturing capacity not vaccines – Only future production resolves increased travel and new variantsGostin 6/10 ~Lawrence O. Gostin, JD, Georgetown University Law Center; June 10, 2021; "9 Steps to End COVID-19 and Prevent the Next Pandemic: Essential Outcomes From the World Health Assembly," JAMA Health Forum. 2021;2(6):e211852. doi:10.1001/jamahealthforum.2021.1852lhs-ap~ AND impede vaccine discovery and production in low- and middle-income countries. The vaccine shortage will worsen global political instability –1 – Increases the number and severity of violent protestsLabott 7/22 ~Elise Labott, a columnist at Foreign Policy and an adjunct professor at American University’s School of International Service. July 22, 2021, "Get Ready for a Spike in Global Unrest," Foreign Policy, https://foreignpolicy.com/2021/07/22/covid-global-unrest-political-upheaval//lhs-ap~~ AND for the world’s poorest to recover from the economic impacts of the pandemic." Pandemic instability goes nuclear – ExtinctionRECNA et al. 21 ~Research Center for Nuclear Weapons Abolition, Nagasaki University (RECNA), Asia Pacific Leadership Network (APLN) and Nautilus Institute (2021) Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report, Journal for Peace and Nuclear Disarmament, 4:sup1, 6-39, DOI: 10.1080/25751654.2021.1890867lhs-ap~ AND by nuclear threat, with cascading effects on the risk of nuclear war. 1AC – PlanPlan: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines by implementing a COVID-19 medicine waiver.1AC – SolvencyWaiver drives information sharing and accelerates vaccine innovation and production within monthsKavanagh et al. 7/1 ~Matthew M. Kavanagh, PhD1,2; Lawrence O. Gostin, JD1; Madhavi Sunder, JD1; 1Georgetown University Law Center, Washington, DC; 2Department of International Health, Georgetown University, Washington, DC; July 1, 2021, "Sharing Technology and Vaccine Doses to Address Global Vaccine Inequity and End the COVID-19 Pandemic," JAMA. 2021;326(3):219-220. doi:10.1001/jama.2021.10823lhs-ap~ AND on mRNA vaccine formulations stored at room temperature for lower-resource settings. No alt causes – Waiver includes broader information sharing, not just patent enforcementLabonté 5/21 ~Ronald Labonté, School of Epidemiology and Public Health, University of Ottawa, Ottawa, ON, Canada; Mira Johri, École de santé publique, Université de Montréal, Montréal, QC, Canada; Katrina Plamondon, School of Nursing, Faculty of Health and Social Development, University of British Columbia, Vancouver, BC, Canada; Srinivas Murthy, Faculty of Medicine, University of British Columbia, Vancouver, BC, Canada; 21 May 2021; Canada, global vaccine supply, and the TRIPS waiver. Can J Public Health 112, 543–547 (2021). https://doi.org/10.17269/s41997-021-00541-4//lhs-ap~~ AND but not the multi-billion-dollar profits some of them anticipate. Err aff on probability – Academic consensus supports a waiver, and government funding solves innovationMcDermott 7/14 ~Eileen McDermott is the Editor-in-Chief of IPWatchdog.com. Eileen is a veteran IP and legal journalist, and no stranger to the intellectual property world, having held editorial and managerial positions at several publications and industry organizations. She has acted as editorial consultant for the International Trademark Association (INTA), chiefly overseeing the editorial process for the Association’s twice-monthly newsletter, the INTA Bulletin. Eileen has also served as a freelance editor for the World Intellectual Property Organization (WIPO); as senior consulting editor for the Intellectual Property Owners Association (IPO) from 2015 to 2017; as Managing Editor and Editor-in-Chief at INTA from 2013 to 2016; and was Americas Editor for Managing Intellectual Property magazine from 2007 to 2013. July 14, 2021, "International Academics Push for TRIPS COVID IP Waiver Hold-Outs to Drop Opposition," IP Watchdog, https://www.ipwatchdog.com/2021/07/14/international-academics-push-trips-covid-ip-waiver-hold-outs-drop-opposition/id=135455//lhs-ap~~ | 9/26/21 |
Open Source
| Filename | Date | Uploaded By | Delete |
|---|---|---|---|
10/16/21 | lukasroybal@lhslaorg |
| |
9/18/21 | lukasroybal@lhslaorg |
| |
9/19/21 | lukasroybal@lhslaorg |
| |
9/25/21 | lukasroybal@lhslaorg |
| |
9/26/21 | lukasroybal@lhslaorg |
|