Tournament: Yale Invitational | Round: 3 | Opponent: Sharon RG | Judge:
AFF- Global Disease
A. squo IP protections are horrible for public health—deteriorated global innovation, millions of annual deaths, and disease propagation occurs
Merran Eby University of Waterloo’s Masters in Global Governance program based at the BSIA. et al., Balsillie School of International Affairs, 2018 "Canada’s Progressive Trade Agenda and Global Health ", https://www.balsillieschool.ca/wp-content/uploads/2019/02/Graduate-Fellows-Anthology-2019.pdf#page=15, 8-26-2021 AWS
In the ongoing debate on the benefits of IP protection versus the costs of barriers
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the needs of those in developing countries” (Dosi and Stiglitz 2013).
Sub-point A is COVID-19
- IPP’s are destroying COVID-19 vaccine roll-out. The developing world has received only .2 of vaccines—and this is unlikely to change
Priti Krishtel, (Priti Krishtel is a health justice lawyer and co-founder of I-MAK, a non-profit building a more just and equitable medicines system. She has spent nearly two decades exposing structural inequities affecting access to medicines and vaccines across the Global South and in the United States. ), BMJ, 5-28-2021 "Suspend intellectual property rights for covid-19 vaccines", https://www.bmj.com/content/373/bmj.n1344 mss Accessed 8-26-2021.
The United States caught the world by surprise on 5 May 2021 when it announced
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need a more cooperative global response to this and future public health emergencies.
2. Developing world transmission risks mutations which restart COVID
Jeremy Farrar, PHD and director of welcome trust, China CCDC Weekly, 2021 "COVID-19 — 2021: A New, Less Predictable Phase of the Pandemic", http://weekly.chinacdc.cn/en/article/doi/10.46234/ccdcw2021.032, 9-1-2021 AWS
The recent emergence of more transmissible COVID-19 variants with higher case fatality poses
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resulting in less mutation and the ability to stay ahead of this pandemic.
COVID is the make-or-break on near-term extinction – reduced industrial activity spikes temperatures and results in mass deforestation and crop loss before the year ends.
Guy R McPherson, in Earth and Environmental Science Research and Reviews, 4-24-2020 McPherson is Professor Emeritus, University of Arizona “Will COVID-19 Trigger Extinction of All Life on Earth?” Volume 3, Issue 2, https://opastonline.com/wp-content/uploads/2020/04/will-covid-19-trigger-extinction-of-all-life-on-earth-eesrr-20-.pdf, accessed 9-1-2021 AWS
Small lives matter. Indeed, the “human body contains about 100 trillion cells
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that a microscopic virus could pull the trigger on our extinction 15.
Subpoint B is Africa
The WTO patent laws are a textbook example of oppression, Africa against the creation of patent laws, yet had little say in the matter. Such patent laws were made by companies who wished to remove access to these medicines, due to these patent laws, millions in Africa are dying
Jae Sundaram, lecturer in International trade and Maritime Law at Buckingham University, in 2015 “Access to Medicines and the TRIPS Agreement: What Next for Sub-Saharan Africa?” Information and Communications Technology Law Vol. 24, Issue 3 (2015) 242-261, https://doi.org/10.1080/13600834.2015.1084679
This article takes up for analysis the continued problems faced in access to medicines in
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task to achieve in subSaharan Africa and other disadvantaged parts of the world.
Lack of access to medicines and resources only leads to more suffering in the long term, the rise of infectious disease and an inability to deal with outbreaks leads to violence, social unrest, and economic turmoil
Celina Menzel, BA in public policy from hertie school of governance in berlin, in 2017 {“ THE IMPACT OF OUTBREAKS OF INFECTIOUS DISEASES ON POLITICAL STABILITY: EXAMINING THE EXAMPLES OF EBOLA, TUBERCULOSIS AND INFLUENZA,” KACIRISS, https://www.kas.de/documents/252038/253252/7_dokument_dok_pdf_52294_1.pdf/95dc732e-2eda-2698-b01f-7ac77d060499?version=1.0andt=1539647543906}
Over the last two decades, outbreaks of severe acute respiratory syndrome (SARS),
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could result, with potentially high rates of illness and death worldwide.”41
Extinction – No burnout, harder to monitor.
Piers Millett, Senior Research Fellow, and Andrew Snyder-Beattie, Director of Research, University of Oxford Future of Humanity Institute, Health Security Journal, 2017 "Existential Risk and Cost-Effective Biosecurity", Volume 15, Number 4, DOI: 10.1089/hs.2017.0028, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5576214/, 1-31-2019 JRB
How worthwhile is it spending resources to study and mitigate the chance of human extinction
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reduce the probability of existential risk from biotechnology in the century to come.
Sub-point C is external natural pandemics
- Future pandemics are incoming—COVID is just the beginning
Natalie Brown, graduated with a Bachelor of Journalism from Queensland's University of Technology NZ Herald, January 2021 "Covid 19 coronavirus: US Army scientists warn that deadlier pandemics are coming", https://www.nzherald.co.nz/world/covid-19-coronavirus-us-army-scientists-warn-that-deadlier-pandemics-are-coming/5UQACBIWS3OPQRJZEBS6IPVAQI/, 9-2-2021 AWS
A group of American scientists have warned that the coronavirus pandemic "may not be
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50 years or in 10 years. Or it could be next year."
2. IP nationalism ensures failed pandemic response – non-research, artificial scarcity, and prices
Cynthia M. Ho Loyola University Chicago School of Law, 8-23-2021 "IP Nationalism: Addressing the COVID Crisis and Beyond", https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3910806, 9-2-2021 AWS
IP nationalism during a pandemic may ironically be contrary to economic assumptions. As explained
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, that does not seem to be something that is being actively discussed.
Natural pandemics risk extinction—mutations and response uncertainty makes it uniquely dangerous
Wolfgang Ehringer, Henrik Söderström, Master Students, Halmstad University, Digitala Vetenskapliga Arkivet, 2017 “Framing Global Catastrophic Risk - Recent and Future Research”, https://www.diva-portal.org/smash/record.jsf?pid=diva23A1077151anddswid=7618, 9-2-2021 AWS
In this paper, we have touched several areas that are associated with the topic
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objects will be exposed and a threat for the earth in the future.
Solvency
Plan: Member nations of the World Trade Organization ought to reduce intellectual property protections for medicines related to global pandemics. To clarify, the aff only addresses patents and trade secrets. We spec pandemics as the parameters by the WHO
The plan creates a new goldilocks patent law that exempts pandemics
Lindsey, JD Harvard, 21
(Brink, https://www.brookings.edu/blog/up-front/2021/06/03/why-intellectual-property-and-pandemics-dont-mix/, 6-3)
Waiving patent protections is certainly no panacea. What is needed most urgently is a
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up by blocking competitors and raising prices pushes in the completely wrong direction.
Waiving IPR is the vital internal link to equitable distribution- patents are a key deterrent to expanded manufacturing capabilities
Kang, PhD, et al., 7-14-21
(Hyo Yoon Kang is Reader in Law at the University of Kent. Aisling McMahon is Assistant Professor of Law in the Department of Law at Maynooth University. Graham Dutfield is Professor of International Governance at the University of Leeds. Luke McDonagh is Assistant Professor of Law in the Department of Law at the LSE. Siva Thambisetty is Associate Professor of Law in the Department of Law at the LSE. https://blogs.lse.ac.uk/politicsandpolicy/covid19-trips-waiver/)
The temporary TRIPS waiver – as proposed by India and South Africa and supported by
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fulfil this promise and, in so doing, to end the pandemic.
FW
The standard is Maximizing respective well being
Prefer –
1- Actor specificity, policy impacts must be decided under a util lens since we must make tradeoffs with limited resource
Mack 4 (Peter, MBBS, FRCS(Ed), FRCS (Glasg), PhD, MBA, MHlthEcon) “Utilitarian Ethics in Healthcare.” International Journal of the Computer, the Internet, and Management Vol. 12, No.3. 2004. Department of Surgery. Singapore General Hospital. SJDI
Medicine is a costly science, but of greater concern to the health economist is
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of the utility and any non-utility aspects of the situation are ignored
2nd - Revisionary intuitionism is reliable and proves it’s is the only coherent ethic
YUDKOWSKY 8 Researcher Eliezer Yudkowsky, Less Wrong, 1/28/2008, is an American AI researcher and writer best known for popularising the idea of friendly artificial intelligence.23 He is a co-founder and research fellow at the Machine Intelligence Research Institute (MIRI), a private research nonprofit based in Berkeley, California. "The "Intuitions" Behind "Utilitarianism"", http://lesswrong.com/lw/n9/the_intuitions_behind_utilitarianism/ bcr 2-21-2018
I haven't said much about metaethics - the nature of morality - because that has
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, because there are not many utilitarians, and many things left undone.
No calc indites
empirically denied, policymakers use predictions successfully multiple times- proves that any action is better than no action
No intent foresight distinction, we forsee an outcome and it becomes part of our deliberations, making it intrinsic to our actions
UV
Aff gets 1ar theory and metatheory otherwise the negative can engage in near infinite abuse without any check. Its drop the debater, it’s the only way to deter abuse, aff time skew means that there isn’t enough time for the aff to do both substance and theory. Competing interpretations reasonability is arbritary. No rvis, a) illogical, you don’t get a cookie for being fair, B) six mins of neg dumping skews the debate. No 2nr paradigm issues insofar as they can engage 6 mins dumping on a shell which skews the debate and prevents the aff from checking neg abuse
Fairness is a voter, debate is a competitive activity, the judge has to vote for the better debater which necessitates a fair round – if they contest this, drop them insofar as it means that they don’t care about the activity and are clearly planning to engage in abusive activity
Education is a voter as it is the pedagogical intent of debate and why schools fund it
T is an RVI: multiple warrants:
a. AFF flex – negative has the ability to win on either layer so the aff needs the same ability in the 2ar. 2AR is too short to win a new shell and play defense against the 2NR theory arguments so the AFF needs reciprocal layers rather than adding more unreciprocal avenues. That’s not a problem in the long 2nr.
b. reciprocity- Only the neg can read T because only the aff has
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encourages substantive engagement with the aff which is key to real world skills.
1ar
Case
On the top – extend the first advantage – IP stifles innovation and harms access to vaccines, that’s bad because developing countries need those vaccines in order to start dealing with COVID, proliferation allows more mutations which causes extinction, as if covid keeps going we wont release enough aerosols to stop extinction
1- No incentives to go for counterfeits if price reductions and lower IP protection allows countries to go for the real deal
2- External regulation solves, adminstrations such as WHO and FDA have the ability to approve which drugs are safe which solves
Turn - High Drug Prices forces patients to go underground for drugs.
- AT Medicare CP – won’t cover Drugs – CP can’t fiat coverage
Bryant 11 Clifton Bryant 2011 “The Routledge Handbook of Deviant Behaviour” (former professor of sociology at VA Tech)Elmer
Now, the field of medicine is able to achieve seemingly miraculous results, through
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medicines increase, the implications for increased crime and deviance become almost limitless.
Extend Eby 18, actual analysis of Ip and different companies shows that there isn’t any causational access
Emprically denied, despite massive Ip protection in the squo, innovation is at an all time low – prefer empirics over theoretical evidence
7 No Link - lower drug prices don’t impact research incentives. Prefer comprehensive studies to pharma propaganda.
Dranove et al. 20 David Dranove, Walter J. McNerney Professor of Health Industry Management; Faculty Director of PhD Program; Professor of Strategy. September 2, 2020. “Pharma Companies Argue That Lower Drug Prices Would Mean Fewer Breakthrough Drugs. Is That True?” https://insight.kellogg.northwestern.edu/article/pharma-companies-argue-lower-drug-prices-fewer-breakthrough-drugs Dhruv
Expected Profits and Innovation
The study used pharmaceutical research data from 1997 through 2018
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says. “Or it may be the one that drives prices down.”
Extend my evidence in the subpoint A – vaccines are key to preventing global disease
Even if vaccines aren’t the only thing – they are still critical to stopping the disease
We aren’t forcing people to produce, we are stifling innovation with the status quo, we just allow production to be boosted – no impact here
They say that the issue is supply – they’ve conceded to the solvency evidence, Ips are the cause of the lack of supply – and removing those Ips boost IPS - reject their evidence – its 21 years old
They say we reach herd immunity by the end of the year, the aff needs that to be faster, new variants are proliferating, we need to stop covid now
Disclosure
Idk what he was talking abt - I wasn’t aff r2 this is literally just a random aff
This case is literally not my case I don’t know what the hell he is showing me
Also – you cant delete docs in the file shae
I had tech issues – the judge can verify – I couldn’t upload
Counter interpretation: Debaters don’t have to disclose on the ndca wiki
Strat Skew – the neg has a ton of time to prep out the perfect strategy against the aff that the aff has no ability to encounter for – the aff time skews make it so that not disclosing leads to fair opportunities in the round
The aff doesn’t have infinite time to prep their case, they cant possibly predict
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short period of time, while we have many years to set disclosure norms
K
Role of the ballot is to vote for the debater who advances the most desirable political position. This allows the aff to weigh impacts which is key:
a. Equity: allowing Ks to make one scholarship indict wipes 6 minutes of offense and creates a late-breaking debate. They don’t have to read compatible scholarship; they just have to let us compare worlds. If they can claim links of the aff we should be able to contest them based on impact analysis.
b. Testing: allowing the aff to weigh vs. the kritik is essential to truth testing the resolution and comparatively evaluating ethical desirability. Letting the K moot the aff crushes critical thinking skills and is antithetical to the educational purpose of debate which is to allow both sides effective counterword to prove/disprove the resolution.
C- anything else is arbitrary, self serving, and leads to questions about the function of debate
Don’t let them win on the link here – they say that death is inevitable, but that doesn’t mean that we should actively work towards it, preventing death is good for society and for people to thrive, their link justifies death good in this context
Even if you don’t buy that we are still causing massive suffering via covid which should be stopped
The Aff solves extinction—that’s subpoint A. The alt can’t solve extinction whatsoever
Util proves the near-infinite value of small reductions in catastrophic risk.
Seth D. Baum Research Affiliate of the University of Cambridge and Anthony M. Barrett co founder of the global catastrophic risk institute, Global Catastrophic Risk Institute, 2018 "Global Catastrophes: The Most Extreme Risks", https://sethbaum.com/ac/2018_Extreme.pdf, 2-21-2019 AWS
Taken literally, a global catastrophe can be any event that is in some way
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reducing GCR, or a high degree of priority for GCR reduction efforts.
Extinction is a prerequisite to their thinking.
Anthony Burke et al, is an Associate Professor of International and Political Studies @ UNSW, Australia, Stefanie Fishel is Assistant Professor, Department of Gender and Race Studies at the University of Alabama, Audra Mitchell is CIGI Chair in Global Governance and Ethics at the Balsillie School of International Affairs, Simon Dalby is CIGI Chair in the Political Economy of Climate Change at the Balsillie School of International Affairs, and, Daniel J. Levine is Assistant Professor of Political Science at the University of Alabama, Millennium Journal of International Studies, 2016, “Planet Politics: A Manifesto from the End of IR”, https://journals.sagepub.com/doi/pdf/10.1177/0305829816636674, 10-13-20 IKK
8. Global ethics must respond to mass extinction. In late 2014, the
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of global ethics, then it is these boundaries that need to change.
*Perm do both— including the plan is key to manage inevitable institutions.
Alex S. Vitale, Professor of Sociology and Coordinator of the Policing and Social Justice Project at Brooklyn College, Member of the New York State Advisory Committee of the US Commission on Civil Rights, holds a Ph.D. in Sociology from the City University of New York, interviewed by David Langstaff, Graduate Teaching Assistant in Rhetoric and Composition at Wayne State University, in Rustbelt Abolition, in 2017, “Beyond Policing”, https://rustbeltradio.org/2017/10/09/ep10/, 9-21-20 IKK
David Langstaff: Expanding a little bit on the last point that you’re making about
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programs and economic transformations that will reduce the need for coercive state action.
Perm do the plan then the alt: they’re in a double bind—either the alt can overcome the single instance of the Aff or it will fail to overcome the status quo