Strake Jesuit Shah Aff
| Tournament | Round | Opponent | Judge | Cites | Round Report | Open Source | Edit/Delete |
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| Blue Key | 1 | Sharon RG | Chang, Curtis |
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| Blue Key | 4 | Southlake Carroll EP | DeConcini, Jackson |
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| Blue Key | 5 | Lexington BF | Kotapati, Saketh |
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| Blue Key | Octas | Cardinal Gibbons RS | Panel |
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| Blue Key | Quarters | Lake Highland ArVe | Panel |
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| Blue Key | Semis | Lexington VM | Panel |
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| Churchill | 4 | StMar WK | Brody, Ben |
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| Churchill | 1 | Reagan TP | Zhong, Angela |
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| Churchill | 5 | Flower Mound DB | Le, Truman |
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| Emory | 2 | Monta Vista KR | Melin, Jenn |
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| Emory | 4 | Lynbrook SY | Palmer, Jacob |
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| Emory | 6 | Brookefield East DJ | Chaudary, Vishan |
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| Glenbrooks | 2 | Loyola AP | Cook, River |
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| Glenbrooks | 3 | Memorial SC | Robinson, Tajaih |
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| Glenbrooks | 5 | Vestavia Hills GJ | Okunlola, Nelson |
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| Glenbrooks | 7 | Marlborough WR | Ratnasabapathy, Tarun |
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| Glenbrooks | Octas | Harrison JP | Panel |
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| Glenbrooks | Quarters | Lexington VM | Panel |
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| Grapevine | 4 | Plano East AW | Jones, Dylan |
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| Grapevine | Doubles | Clements AK | Panel |
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| Grapevine | 2 | Plano East JN | Das, Sreyash |
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| Greenhill | 2 | Immaculate Heart RR | Moorehead, Matt |
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| Greenhill | 3 | Prospect ST | Freedman,William |
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| Greenhill | 5 | Sequoia AS | Yi, David |
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| Greenhill | Doubles | Harker RM | Panel |
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| Greenhill | Octas | Harrison AA | Panel |
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| Harvard | 1 | Lake Oswego LZ | Hsu, Jonathan |
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| Harvard | 4 | Montville SH | Weiler, Reed |
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| Harvard | Octas | Memorial SC | Panel |
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| Harvard | Quarters | Northern Valley JS | Panel |
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| Harvard Round Robin | 2 | Basis Peoria PY | Panel |
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| Harvard Westlake | 2 | Peninsula CS | Yang, Elmer |
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| Harvard Westlake | 3 | Stockdale RP | St Peter, Joshua |
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| Harvard Westlake | 5 | Marlborough JH | Quissenberry, Jack |
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| Harvard Westlake | Doubles | Immaculate Heart RR | Panel |
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| Hello | Finals | Hello | Hello |
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| Hello | 2 | Hello | Hello |
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| Longhorn Classic | 1 | Round Rock IM | Quisenberry, Jack |
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| Longhorn Classic | 3 | Northland Christian LB | Le, Truman |
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| Longhorn Classic | 5 | Carnegie Vanguard LH | McLoughlin, Samantha |
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| Loyola | 1 | Harrison AA | Le, Truman |
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| Loyola | 5 | Harvard Westlake IC | Jasani, Aryan |
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| Loyola | 4 | Prospect ST | Self, Connor |
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| NDCA | 2 | Peninsula EL | Yang, Elmer |
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| NDCA | 3 | Sequoia AS | Le, Truman |
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| NDCA | 5 | Ayala AM | Palmer, Jacob |
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| St Marks | 2 | Harker AA | terrible |
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| St Marks | 4 | Loyola IB | Barquin, Joseph |
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| St Marks | 6 | Marlborough WR | Judges should stop yelling at people |
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| St Marks | Doubles | Dulles VN | Panel |
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| TFA State | 1 | William P Clements SG | Bukowsky, Holden |
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| TFA State | 4 | Garland LY | Sendajas, Adrian |
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| TFA State | 5 | Westlake AK | Okunlola, Nelson |
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| Tournament of Champions | 2 | Ridge VS | Cook, River |
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| Tournament of Champions | 3 | McNeil AG | Chen, Victor |
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| Tournament of Champions | 3 | McNeil AG | Chen, Victor |
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| UNLV | 1 | Peninsula CU | Congrad-Mogin, Madeline |
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| UNLV | 3 | Stockdale GS | Lei, Yoyo |
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| UNLV | 5 | Plano East RP | Nguyen, Vanessa |
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| UNLV | Doubles | King CP | Panel |
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| UNLV | Octas | Southlake Carrol SD | Panel |
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| Valley | 2 | Rosemaunt CP | Theis, Chris |
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| Valley | 3 | Walt Whitman EY | Matuszeski, Ian |
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| Valley | 5 | Lexington BF | Robinson, Tajaih |
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| Valley | Octas | Northern Valley JS | Panel |
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| Valley RR | 4 | Murphy AW | Panel |
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| Valley RR | 5 | Lake Highland AV | Panel |
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| Valley Round Robin | 1 | Basis Silicon Valley SK | Panel |
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| debateLA challenge | 2 | Presentation NR | Panel |
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| debateLA challenge | 3 | Greenhill NT | Panel |
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| debateLA challenge | 6 | Marlborough WR | Panel |
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| Tournament | Round | Report |
|---|---|---|
| Blue Key | 1 | Opponent: Sharon RG | Judge: Chang, Curtis 1AC- Pettit |
| Blue Key | 4 | Opponent: Southlake Carroll EP | Judge: DeConcini, Jackson 1AC- Courts and Cites Disclosure |
| Blue Key | 5 | Opponent: Lexington BF | Judge: Kotapati, Saketh 1AC- Courts |
| Blue Key | Octas | Opponent: Cardinal Gibbons RS | Judge: Panel 1AC- Courts |
| Blue Key | Quarters | Opponent: Lake Highland ArVe | Judge: Panel 1AC- Courts |
| Blue Key | Semis | Opponent: Lexington VM | Judge: Panel 1AC- Courts |
| Churchill | 4 | Opponent: StMar WK | Judge: Brody, Ben 1AC- Debris |
| Churchill | 1 | Opponent: Reagan TP | Judge: Zhong, Angela 1AC- Kant |
| Churchill | 5 | Opponent: Flower Mound DB | Judge: Le, Truman 1AC- Debris |
| Emory | 2 | Opponent: Monta Vista KR | Judge: Melin, Jenn 1AC- Kant v4 AFC Debris |
| Emory | 4 | Opponent: Lynbrook SY | Judge: Palmer, Jacob 1AC- Debris Osource |
| Emory | 6 | Opponent: Brookefield East DJ | Judge: Chaudary, Vishan 1AC- Debris |
| Glenbrooks | 2 | Opponent: Loyola AP | Judge: Cook, River 1AC- Courts |
| Glenbrooks | 3 | Opponent: Memorial SC | Judge: Robinson, Tajaih 1AC-Courts |
| Glenbrooks | 5 | Opponent: Vestavia Hills GJ | Judge: Okunlola, Nelson 1AC- Courts |
| Glenbrooks | 7 | Opponent: Marlborough WR | Judge: Ratnasabapathy, Tarun 1AC- Pettit Courts AFC |
| Glenbrooks | Octas | Opponent: Harrison JP | Judge: Panel 1AC- Court |
| Glenbrooks | Quarters | Opponent: Lexington VM | Judge: Panel 1AC- Courts |
| Grapevine | 4 | Opponent: Plano East AW | Judge: Jones, Dylan 1AC- Kant |
| Grapevine | Doubles | Opponent: Clements AK | Judge: Panel 1AC- Kant Larp |
| Grapevine | 2 | Opponent: Plano East JN | Judge: Das, Sreyash 1AC- RR Kant |
| Greenhill | 2 | Opponent: Immaculate Heart RR | Judge: Moorehead, Matt 1AC- Kant w Util Adv |
| Greenhill | 3 | Opponent: Prospect ST | Judge: Freedman,William 1AC- Kant with Util Adv |
| Greenhill | 5 | Opponent: Sequoia AS | Judge: Yi, David 1AC- Pandemics |
| Greenhill | Doubles | Opponent: Harker RM | Judge: Panel 1AC- Kant Larp |
| Greenhill | Octas | Opponent: Harrison AA | Judge: Panel 1AC- pandemics |
| Harvard | 1 | Opponent: Lake Oswego LZ | Judge: Hsu, Jonathan 1AC- Debris |
| Harvard | 4 | Opponent: Montville SH | Judge: Weiler, Reed 1AC- Kant wdebris |
| Harvard | Octas | Opponent: Memorial SC | Judge: Panel 1AC- Stock |
| Harvard | Quarters | Opponent: Northern Valley JS | Judge: Panel 1AC- Stock |
| Harvard Round Robin | 2 | Opponent: Basis Peoria PY | Judge: Panel 1AC- Debris |
| Harvard Westlake | 2 | Opponent: Peninsula CS | Judge: Yang, Elmer 1AC- Kant |
| Harvard Westlake | 3 | Opponent: Stockdale RP | Judge: St Peter, Joshua 1AC- Debris See OS Bad Disclosure |
| Harvard Westlake | 5 | Opponent: Marlborough JH | Judge: Quissenberry, Jack 1AC- Kant TT AFC debris adv |
| Harvard Westlake | Doubles | Opponent: Immaculate Heart RR | Judge: Panel 1AC- Kant Osource Debris |
| Hello | Finals | Opponent: Hello | Judge: Hello Contact |
| Hello | 2 | Opponent: Hello | Judge: Hello Navigation |
| Longhorn Classic | 1 | Opponent: Round Rock IM | Judge: Quisenberry, Jack 1AC- Courts |
| Longhorn Classic | 3 | Opponent: Northland Christian LB | Judge: Le, Truman 1AC- Courts |
| Longhorn Classic | 5 | Opponent: Carnegie Vanguard LH | Judge: McLoughlin, Samantha 1AC- Courts |
| Loyola | 1 | Opponent: Harrison AA | Judge: Le, Truman AC- Pandemics |
| Loyola | 5 | Opponent: Harvard Westlake IC | Judge: Jasani, Aryan 1AC- Kant |
| Loyola | 4 | Opponent: Prospect ST | Judge: Self, Connor 1AC- Kant |
| NDCA | 2 | Opponent: Peninsula EL | Judge: Yang, Elmer 1AC- Debris |
| NDCA | 3 | Opponent: Sequoia AS | Judge: Le, Truman 1AC- Kant AFC Util Adv |
| NDCA | 5 | Opponent: Ayala AM | Judge: Palmer, Jacob 1AC- Kant AFC |
| St Marks | 2 | Opponent: Harker AA | Judge: terrible 1AC- Pandemics |
| St Marks | 4 | Opponent: Loyola IB | Judge: Barquin, Joseph 1AC- Kant with Covid Adv |
| St Marks | 6 | Opponent: Marlborough WR | Judge: Judges should stop yelling at people 1AC- Kant with Util |
| St Marks | Doubles | Opponent: Dulles VN | Judge: Panel 1AC- Pandemics |
| TFA State | 1 | Opponent: William P Clements SG | Judge: Bukowsky, Holden 1AC- Kant |
| TFA State | 4 | Opponent: Garland LY | Judge: Sendajas, Adrian 1AC- Poland |
| TFA State | 5 | Opponent: Westlake AK | Judge: Okunlola, Nelson 1AC- Poland |
| Tournament of Champions | 2 | Opponent: Ridge VS | Judge: Cook, River 1AC- Debris Osource |
| Tournament of Champions | 3 | Opponent: McNeil AG | Judge: Chen, Victor 1AC- Stock |
| Tournament of Champions | 3 | Opponent: McNeil AG | Judge: Chen, Victor 1AC- Stock |
| UNLV | 1 | Opponent: Peninsula CU | Judge: Congrad-Mogin, Madeline 1AC- Debris |
| UNLV | 3 | Opponent: Stockdale GS | Judge: Lei, Yoyo 1AC- Debris |
| UNLV | 5 | Opponent: Plano East RP | Judge: Nguyen, Vanessa 1AC- Debris |
| UNLV | Doubles | Opponent: King CP | Judge: Panel 1AC- Debris |
| UNLV | Octas | Opponent: Southlake Carrol SD | Judge: Panel 1AC- Kant AFC |
| Valley | 2 | Opponent: Rosemaunt CP | Judge: Theis, Chris 1AC- Pandemics |
| Valley | 3 | Opponent: Walt Whitman EY | Judge: Matuszeski, Ian 1AC- Kant Tricks |
| Valley | 5 | Opponent: Lexington BF | Judge: Robinson, Tajaih 1AC- Pandemics |
| Valley | Octas | Opponent: Northern Valley JS | Judge: Panel 1AC- Pandemics |
| Valley RR | 4 | Opponent: Murphy AW | Judge: Panel 1AC- Pandemics |
| Valley RR | 5 | Opponent: Lake Highland AV | Judge: Panel 1AC- Pandemics |
| Valley Round Robin | 1 | Opponent: Basis Silicon Valley SK | Judge: Panel 1AC- Pandemics |
| debateLA challenge | 2 | Opponent: Presentation NR | Judge: Panel 1AC- Debris |
| debateLA challenge | 3 | Opponent: Greenhill NT | Judge: Panel 1AC- Debris |
| debateLA challenge | 6 | Opponent: Marlborough WR | Judge: Panel 1AC- Kant |
To modify or delete round reports, edit the associated round.
Cites
| Entry | Date |
|---|---|
0- Contact InfoTournament: Hello | Round: Finals | Opponent: Hello | Judge: Hello Contact Info: Facebook Messenger- Karan Shah Messenger and Text are the best bets If there is any way you would like me to accommodate your needs in any way before and during the round, just contact me! I'm happy to do so. Please tell me if there are any specific interps you would like me to meet before round (spikes on top, rob spec, etc.) Feel free to hmu if my wiki is acting up and there are some docs you can't access - I'll send them to you directly. Let me know any trigger warnings or pronouns before the round so we can make the debate as comfortable as possible for both of us. Good luck! | 9/4/21 |
0- NavigationTournament: Hello | Round: 2 | Opponent: Hello | Judge: Hello | 9/4/21 |
1-Broken Disclosure InterpsTournament: Grapevine | Round: 2 | Opponent: Plano East JN | Judge: Das, Sreyash Interp: Debaters must disclose round reports on the 2021-22 NDCA LD wiki for every round they have debated this season. Round reports disclose which positions (AC, NC, K, T, Theory, etc.) were read/gone for in every speech.Interpretation: Debaters must disclose all constructive positions on open source with highlighting on the 2020-21 NDCA LD wiki after the round in which they read them. Interpretation: Debaters must disclose all constructive positions in cite boxes on the 2021-22 NDCA LD wiki. To clarify, they can’t say check open source. | 1/15/22 |
1-Broken InterpsTournament: Loyola | Round: 4 | Opponent: Prospect ST | Judge: Self, Connor Alt Actor Fiat is a voting issue Agent Cps are a voting issue Consult Cps are a voting issue | 9/18/21 |
1-Paraphrasing BadTournament: Longhorn Classic | Round: 3 | Opponent: Northland Christian LB | Judge: Le, Truman | 12/4/21 |
2-K-Baudrillard RepsTournament: Emory | Round: 4 | Opponent: Lynbrook SY | Judge: Palmer, Jacob RepsBaudrillard is racist, sexist, and contradictory – vote them down – it’s a teachable moment and outweighs since debate can’t exist if its unsafeBest 91, Steven (Professor of Philosophy, University of Texas El Paso), and Douglas Kellner. Postmodern theory: Critical interrogations. Guilford Press, 1991. AND foists his musings and asides as insight into the very heart of things. | 1/29/22 |
2-K-Crazy RepsTournament: Blue Key | Round: Octas | Opponent: Cardinal Gibbons RS | Judge: Panel 1ARKThey said the c word – that’s ableist Reps o/w~1~ Reversibility: once oppressive rhetoric is used it cannot be taken back – you cannot sever out of your reps, the same way someone who says the n-word must be held accountable.~2~ Norm setting: we are part of a larger debate community with extensive norms – letting bad discourse be rampant kills the community and recreates forms of oppression – the K holds students accountable. | 11/20/21 |
2-K-Hobbes RepsTournament: Valley | Round: 3 | Opponent: Walt Whitman EY | Judge: Matuszeski, Ian 1ARKThe state of nature is racist and justifies colonialism – the entire theory of primal chaos is based on the "savagery" and of indigenous peoples and postulates that it is the job of Europeans to "civilize them."Henderson 98 (James Youngblood Henderson is an international human rights lawyer, advocate, and educator. He was born in Oklahoma to the Bear Clan of the Chickasaw Nation and also has heritage from the Cheyenne Nation. "The Context of the State of Nature," UBC Press. 1998. https://www.ubcpress.ca/asset/12473/1/9780774811729.pdf) WW JA 1/5/18 AND the Indians, to seek Reparation upon any injury received from them."36 Hobbes also justifies conceding to the sovereigns authority in EVERY instance – that justifies atrocities like the Nazi Genocide and Slavery – leaders believed their acts were necessary.Vote them down – their abhorrent reps promote terrible ideologies in the debate space. Reps comes first:~1~ Reversibility: once oppressive rhetoric is used it cannot be taken back~2~ Norm setting: we are part of a larger debate community with extensive norms – letting bad discourse be rampant kills the community~3~ Competition: debate is an educational competition with no place for offensive rhetoric – that kills access to the lasting benefit debate provides | 9/25/21 |
2-K-Stupid RepsTournament: Loyola | Round: 4 | Opponent: Prospect ST | Judge: Self, Connor The word "stupid" is ableist and normalizes violence against disabled people.Nersesyan 18, Mihran. "‘Stupid’ Is an Ableist Slur: Breaking Down Defenses Around Ableist Language and Liberating Our Words." The Body Is Not An Apology, 28 Aug. 2018, thebodyisnotanapology.com/magazine/stupid-is-an-ableist-slur-breaking-down-defenses-around-ableist-language-liberating-our-words/. SJCPJG AND in the debate space and makes it unsafe. ~1~ Reversibility: once oppressive rhetoric is used it cannot be taken back~2~ Norm setting: we are part of a larger debate community with extensive norms – letting bad discourse be rampant kills the community~3~ Competition: debate is an educational competition with no place for offensive rhetoric – that kills access to the lasting benefit debate provides | 9/18/21 |
JF- AC Debris v1Tournament: Churchill | Round: 4 | Opponent: StMar WK | Judge: Brody, Ben | 1/13/22 |
JF- AC Debris v2Tournament: debateLA challenge | Round: 2 | Opponent: Presentation NR | Judge: Panel | 1/13/22 |
JF- AC Debris v3Tournament: debateLA challenge | Round: 3 | Opponent: Greenhill NT | Judge: Panel | 1/13/22 |
JF- AC Debris v4Tournament: Harvard Westlake | Round: 3 | Opponent: Stockdale RP | Judge: St Peter, Joshua PlanPlan – The appropriation of outer space through the production of space debris by private entities is unjust.Revising the Outer Space Treaty curbs the impact of space debris – timeframe is crucial.Shah 20 – Sachin, 8/30/20, ~"Aug 30 The International Legal Regulation of Space Debris," CORNELL UNDERGRADUATE LAW and SOCIETY REVIEW, Administrative, Policy, Technology, https://www.culsr.org/articles/the-international-legal-regulation-of-space-debris~~ Justin AND action can accomplish these goals, but lack thereof may result in disaster. Private entities are non-governmental.Dunk 11 – Frans G. von der Dunk, 2011, ~"The Origins of Authorisation: Article VI of the Outer Space Treaty and International Space Law," University of Nebraska~ Justin AND . Partly, this was the consequence of key principles being left undefined. Exemptions destroy the coercive power of legal regimes – causes circumvention across the board.Hickman and Dolman 2 – John and Everett, 2002, Associate professor in the Department of Government and International Studies at Berry College in Mt. Berry, ~"Resurrecting the Space Age: A State–Centered Commentary on the Outer Space Regime," Volume 21 Number 1, https://doi.org/10.1080/014959302317350855~~ Elmer Recut Justin AND rushes to stake claims for territory sovereignty in other celestial bodies might follow. AdvantageThe advantage is Debris –Privatization of space leads to unchecked debris.Muelhaupt et al. 19 – Theodore, Marlon Sorge, Jamie Morin, and Robert Wilson, 6/18/19, Center for Orbital and Reentry Debris Studies, Center for Space Policy and Strategy, The Aerospace Corporation, 30 year Space Systems Analyst and Operator, ~"Space traffic management in the new space era," Journal of Space Safety Engineering, https://www.sciencedirect.com/science/article/pii/S246889671930045X?via3Dihub~~ Justin AND a handful of actual collisions will occur, the warnings cannot be ignored. Feedback loops of technology cause increasing development and debris.Bernat 20 – Pawel, 2020, Military University of Aviation, ~"ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT," SAFETY ENGINEERING OF ANTHROPOGENIC OBJECTS, Volume 4, PDF~ Justin AND constellations and how they contribute to the growing threat of the Kessler syndrome. Invisible tipping points trigger the Kessler Syndrome.Thompson 21 – Clive, 11/17/21, Clive Thompson is a contributing writer for the New York Times Magazine, a columnist for Wired and Smithsonian magazines, and a regular contributor to Mother Jones. He’s the author of Coders: The Making of a New Tribe and the Remaking of the World, and Smarter Than You Think: How Technology is Changing our Minds for the Better. He’s @pomeranian99 on Twitter and Instagram, ~"Get Ready for the "Kessler Syndrome" to Wreck Outer Space," OneZero, https://onezero.medium.com/get-ready-for-the-kessler-syndrome-to-wreck-outer-space-7f29cfe62c3e~~ Justin AND orbit but unintentional ones — bits of rocket parts and detritus from launches. Privatization exponentially increases the curve but ending dangerous missions stops it.Bernat 20 – Pawel, 2020, Military University of Aviation, ~"ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT," SAFETY ENGINEERING OF ANTHROPOGENIC OBJECTS, Volume 4, PDF~ Justin AND the global level, apart from first-come, first-served. Debris triggers miscalculated war.Peter Dockrill 16. Award-winning science and technology journalist. "Space Junk Accidents Could Trigger Armed Conflict, Study Finds." https://www.sciencealert.com/space-junk-accidents-could-trigger-armed-conflict-expert-warns. AND adversaries. "This is a politically dangerous dilemma," the authors write. ====Goes nuclear.==== AND would be significantly reduced (loss of military logistics and intelligence gathering satellites). Public pressure forces retaliation.Nancy Gallagher 15. Interim director of the Center for International and Security Studies in Maryland, previous Executive Director of the Clinton Administration’s CTBT Treaty Committee, an arms control specialist at the State Dept., and a faculty member at Wesleyan, "Antisatellite warfare without nuclear risk: A mirage," May 29, Bulletin of Atomic Scientists, http://thebulletin.org/space-weapons-and-risk-nuclear-exchanges8346 AND scenarios that are used to justify the development and use of antisatellite weapons. Convergence of factors guarantee space escalation.Thomas González Roberts 17. A space security researcher at the Center for Strategic and International Studies, and host of Moonstruck, a podcast about humans in space. "Why We Should Be Worried about a War in Space ," 12-15-2017. Atlantic, https://www.theatlantic.com/science/archive/2017/12/why-we-should-be-worried-about-a-war-in-space/548507/ AND to align, and agree on norms of behavior. They need rules. ====No checks on escalation.==== AND space, then, is a slippery slope with few off-ramps. Specifically—-China, Iran, and Noko.Beauchamp 14 – Zack, 4/21/14, Zack Beauchamp is a senior correspondent at Vox, where he covers global politics and ideology, and a host of Worldly, Vox's podcast on foreign policy and international relations. His work focuses on the rise of the populist right across the West, the role of identity in American politics, and how fringe ideologies shape the mainstream. Before coming to Vox, he edited TP Ideas, a section of Think Progress devoted to the ideas shaping our political world. He has an MSc from the London School of Economics in International Relations and grew up in Washington, DC, where he currently lives with his wife, daughter, and two (rescue) dogs ~"How space trash could start a nuclear war," Vox, https://www.vox.com/2014/4/21/5625246/space-war-china-north-korea-iran~~ Justin *Brackets added for ableist language AND war is imminent — an assessment that could have self-fulfilling consequences." Any nuclear war causes extinction – ice age and famine.Steven Starr 15 ~Director of the University of Missouri’s Clinical Laboratory Science Program, as well as a senior scientist at the Physicians for Social Responsibility. He has worked with the Swiss, Chilean, and Swedish governments in support of their efforts at the United Nations to eliminate thousands of high-alert, launch-ready U.S. and Russian nuclear weapons. "Nuclear War: An Unrecognized Mass Extinction Event Waiting To Happen." Ratical. March 2015. https://ratical.org/radiation/NuclearExtinction/StevenStarr022815.html~~ TG AND the operational and deployed nuclear arsenals, will leave the Earth essentially uninhabitable. Satellites solves the grid and every extinction threat.Pellegrino and Stang 16 —- Massimo Pellegrino, Master’s Degree in Space Studies from ISU, with Gerald Stang, Senior Associate Analyst at the EUISS, holds BSc and MSc degrees in chemical engineering from the University of Saskatchewan and an MA in international affairs from the School of International and Public Affairs at Columbia University ("Space Security for Europe", EU Institute for Security Studies, published July 2016, https://www.iss.europa.eu/content/space-security-europe, accessed 7-10-2019) bm AND space systems need to be adequately protected and the space environment properly managed. Grid collapse causes extinction.Friedemann 16 —- Alice, transportation expert, founder of EnergySkeptic.com, citing Dr Peter Vincent Pry, executive director of the Task Force on National and Homeland Security, a Congressional advisory board dedicated to achieving protection of the United States from electromagnetic pulse and other threats, ("Electromagnetic pulse threat to infrastructure (U.S. House hearings)", 1-24-2016, http://energyskeptic.com/2016/the-scariest-u-s-house-session-ever-electromagnetic-pulse-and-the-fall-of-civilization/) AND EMP event, given current unpreparedness, would likely result in societal collapse. 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~ Extinction outweighsMacAskill 14 ~William, Oxford Philosopher and youngest tenured philosopher in the world, Normative Uncertainty, 2014~ AND with the benefit of keeping one’s options open while one gains new information. UV1~ 1AR theory is legit – anything else means infinite abuse – drop the debater, competing interps – 1AR are too short to make up for the time trade-off.2~ Reasonability on 1NC theory with the brightline of link and impact turn ground – there are infinite bidirectional interps that I can never meet – the four minute 1AR doesn’t have enough time to line by line every argument, make offense, and go for substance.3~ Evaluate the debate after the 2AR – otherwise it gives debaters an unfair time skew and is arbitrary.4~ Use comparative worlds – A~ topic ed – forces the neg to research the topic instead of low quality rez flaw args – the only benefit to debate is making us better arguers not perfect logicians, B~ reciprocity – truth-testing allows the neg to disprove any part of the aff, but the aff has to defend every part, which gives the neg too much ground, C~ inclusion – truth testing says rez is only thing that’s relevant which excludes ks – either only the rez matters so we can’t punish slurs, or people should get dropped for making debate unsafe which proves other things matter | 1/15/22 |
JF- AC Debris v5Tournament: Emory | Round: 6 | Opponent: Brookefield East DJ | Judge: Chaudary, Vishan | 1/29/22 |
JF- AC Debris v6Tournament: UNLV | Round: 1 | Opponent: Peninsula CU | Judge: Congrad-Mogin, Madeline | 2/6/22 |
JF- AC Debris v7Tournament: Harvard Round Robin | Round: 2 | Opponent: Basis Peoria PY | Judge: Panel 1AC1AC – PlanPlan – The appropriation of outer space through the production of space debris by private entities is unjust. We defend the resolution as a value statement.Revising the Outer Space Treaty clarifies legal loopholes and ambiguities in space debris – scope of modification below.Private entities: Non-governmental AND may well provide a solution to the outdated Outer Space Treaty of 1967. The aff interprets OST enforcement as an OUF (Orbital Use Fee). That incentivizes remediation, removal, and mitigation efforts without harming the space industry. Any other countermeasures aren’t the silver bullet and fail.Runnels 22. Michael is a professor and writer for the American Bar Association. 1/13/22. ~American Bar Association "On Clearing Earth’s Orbital Debris and Enforcing the Outer Space Treaty in the U.S." https://www.americanbar.org/groups/business'law/publications/blt/2022/01/orbital-debris/~~ Justin OUF: Proportional fee for amount of debris put into Space AND mega-constellations in LEO and their likely resulting orbital debris.~146~ Proportional fees solve industry startup problems and avoids the tragedy of the commons.Lavars 20. Nick has been writing and editing at New Atlas for over five years, where he has covered everything from distant space probes to self-driving cars to oddball animal science, and everything in between. He previously spent time at The Conversation, Mashable and The Santiago Times, earning a Masters degree in communications from Melbourne’s RMIT University along the way. When not tapping away at his desk, you might find him traveling the world in search of the weird and wonderful. Failing that, he’ll probably be watching sport. 5/26/20. ~New Atlas, "Could orbital fees force satellite operators to deal with space junk?," https://newatlas.com/space/orbital-fees-satellite-space-debris/~~#:~~:text=The20orbital2Duse20fee20would,for20the20scheme20to20work.~ Justin AND But the relatively young space industry can avoid these costs before they escalate." 1AC – Adv – Debris – ShorterThe advantage is debris:Massive satellite development incoming and cascades debris – lack of regulations raises the risk and turns any reason satellites are good.Hattenbach 19. Jan Hattenbach sat down with Stijn Lemmens, Senior Space Debris Mitigation Analyst at the European Space Agency (ESA) in Darmstadt, Germany, to talk about how Starlink plays into the space junk problem. 6/3/19. ~Sky Telescope, "DOES STARLINK POSE A SPACE DEBRIS THREAT? AN EXPERT ANSWERS," https://skyandtelescope.org/astronomy-news/starlink-space-debris/~~ Justin AND make nation states responsible for the behavior of their individuals or private companies. Democratization of technology spurs rapid development – feedback loops ensures debris cascadesBERNAT 20. Pawel @ Military University of Aviation. 11/4/20. ~SAFETY ENGINEERING OF ANTHROPOGENIC OBJECTS, "ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT," Volume 4, PDF~ Justin AND constellations and how they contribute to the growing threat of the Kessler syndrome. Privatization drive rivalries and exponentially increases debris – lack of regulations spikes it.BERNAT 20. Pawel @ Military University of Aviation. 11/4/20. ~SAFETY ENGINEERING OF ANTHROPOGENIC OBJECTS, "ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT," Volume 4, PDF~ Justin AND the global level, apart from first-come, first-served. Models are rigorous—inserted below.Virgili et al. 16. Bastida, J.C. Dolado, H.G. Lewis, J. Radtke, H. Krag, B. Revelin, C. Cazaux b , C. Colombo, R. Crowther, M. Metz. 4/26/16. ~Act Astranautica "Risk to space sustainability from large constellations of satellites," https://sci-hub.se/10.1016/j.actaastro.2016.03.034.~~ Justin AND collision activity, while the different models used their own solar activity forecast. That drives a space arms race which enhances the risk of debris cascades, closes off space exploration, and causes conflict.Shah 20. Sachin Shah is a write for Cornell Undergraduate Law and Society Review. 8/30/20 ~CORNELL UNDERGRADUATE LAW and SOCIETY REVIEW "The International Legal Regulation of Space Debris," https://www.culsr.org/articles/the-international-legal-regulation-of-space-debris~~ Justin AND , and, finally, discuss legal considerations for private enterprises as well. Satellites solves the grid and every extinction scenario.Pellegrino and Stang 16. Massimo Pellegrino, Master’s Degree in Space Studies from ISU, with Gerald Stang, Senior Associate Analyst at the EUISS, holds BSc and MSc degrees in chemical engineering from the University of Saskatchewan and an MA in international affairs from the School of International and Public Affairs at Columbia University ("Space Security for Europe", EU Institute for Security Studies, published July 2016, https://www.iss.europa.eu/content/space-security-europe, accessed 7-10-2019) bm AND space systems need to be adequately protected and the space environment properly managed. Grid security is an impact filter.Denkenberger 21 ~David Denkenberger, Anders Sandberg, Ross John Tieman, and Joshua M. Pearce, * assistant professor of mechanical engineering at University of Alaska Fairbanks, "Long-term cost-effectiveness of interventions for loss of electricity/industry compared to artificial general intelligence safety," 2021, European Journal of Futures Research, Vol. 9, Issue 1, https://doi.org/10.1186/s40309-021-00178-z, EA~ AND ~. Thus global or regional loss of the Internet could have similar implications. Debris triggers miscalculated war.Acton and McDonald 21. James M. Acton is co-director of the Nuclear Policy Program and holds the Jessica T. Mathews Chair at the Carnegie Endowment for International Peace. Thomas D. MacDonald is a fellow in the Nuclear Policy Program. 12/10/21. ~Defense One, "Nuclear Command-and-Control Satellites Should Be Off Limits," https://www.defenseone.com/ideas/2021/12/nuclear-command-and-control-satellites-should-be-limits/187472/~~ Justin AND -control system. Once again, the potential consequences could be catastrophic. Any nuclear war causes extinction – ice age and famine.Steven Starr 15 ~Director of the University of Missouri’s Clinical Laboratory Science Program, as well as a senior scientist at the Physicians for Social Responsibility. He has worked with the Swiss, Chilean, and Swedish governments in support of their efforts at the United Nations to eliminate thousands of high-alert, launch-ready U.S. and Russian nuclear weapons. "Nuclear War: An Unrecognized Mass Extinction Event Waiting To Happen." Ratical. March 2015. https://ratical.org/radiation/NuclearExtinction/StevenStarr022815.html~~ TG AND the operational and deployed nuclear arsenals, will leave the Earth essentially uninhabitable. 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~ Extinction outweighsMacAskill 14 ~William, Oxford Philosopher and youngest tenured philosopher in the world, Normative Uncertainty, 2014~ AND with the benefit of keeping one’s options open while one gains new information. 1AC – Method1~ Extinction isn’t white paranoia and apocalyptic reps are goodThompson 18 ~Nicole Akoukou. Chicago-based creative writer. 4-6-2018. "Why I will not allow the fear of a nuclear attack to be white-washed." RaceBaitR. http://racebaitr.com/2018/04/06/2087/~~#~~ AND lower quality housing stock, and our relative lack of mobility, etc. 2~ Evolution proves our theory trueJohnson and Thayer 16 – Dominic D. P. Johnson, D.Phil., Ph.D.* and Bradley A. Thayer, Ph.D., "The evolution of offensive realism Survival under anarchy from the Pleistocene to the present," https://www.cambridge.org/core/services/aop-cambridge-core/content/view/56B778004187F70B8E59609BE7FEE7A4/S073093841600006Xa.pdf/div-class-title-the-evolution-of-offensive-realism-div.pdf AND in which human brains and behaviors evolved. But what was that context? 3~ Youth participatory action research enables transformative resistance and is crucial to make activism workCammarota and Fine 08 AND means by which young people engage transformational resistance. (1-4) The alt cedes the celestial commons to the hands of global imperialism. Only IR education can create momentum to demilitarize space.Raymond Duvall 6 – Professor of Political Science @ Univ of Minnesota, Taking Sovereignty Out of This World: Space Weapons and Empire of the Future, October 2006, https://www.files.ethz.ch/isn/111193/Taking20Sovereignty20Out20of20This20World.pdf AND out against such a regime might themselves become potential targets of such weapons. | 2/17/22 |
JF- AC Debris v9Tournament: NDCA | Round: 2 | Opponent: Peninsula EL | Judge: Yang, Elmer | 4/9/22 |
JF- AC Debris v9Tournament: Tournament of Champions | Round: 2 | Opponent: Ridge VS | Judge: Cook, River | 4/23/22 |
JF- AC Kant v1Tournament: Churchill | Round: 1 | Opponent: Reagan TP | Judge: Zhong, Angela 1ACFramingEthics must begin a priori:~A~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.~B~ Empirical uncertainty – evil demon could deceive us, dreaming, simulation, and inability to know others’ experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~C~ Constitutive Authority – practical reason is the only unescapable authority because to ask for why we should be reasoners concedes its authority since it uses reason – anything else is nonbinding and arbitrary.~D~ Action theory – only evaluating action through reason solves since reason is key to evaluate intent, otherwise we could infinitely divide actions. For example: If I was brewing tea, I could break up that one big action into multiple small actions. Only our intention, to brew tea unifies these actions if we were never able to unify action, we could never classify certain actions as moral or immoral since those actions would be infinitely divisible.Next, the relevant feature of reason is universality – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others which also means universalizability acts as a side constraint on all other frameworks. It’s impossible to will a violation of freedom since deciding to do would will incompatible ends since it logically entails willing a violation of your own freedomThus, the standard is consistency with the categorical imperative. Prefer:~1~ Performativity—freedom is the key to the process of justification of arguments. Willing that we should abide by their ethical theory presupposes that we own ourselves in the first place. Thus, it is logically incoherent to justify a standard without first willing that we can pursue ends free from others.~2~ Consequences fail: ~A~ They only judge actions after they occur, which fails action guidance ~B~ Every action has infinite stemming consequences, because every consequence can cause another consequence. Probability doesn’t solve because 1) Probability is improvable, as it relies on inductive knowledge, but induction from past events can’t lead to deduction of future events and 2) Probability assumes causation, we can’t assume every act was actually the cause of tangible outcomes ~C~ Every action is infinitely divisible, only intents unify action because we intend the end point of an action – but consequences cannot determine what step of action is moral or not. ~D~ You can’t aggregate consequences, happiness and sadness are immutable – ten headaches don’t make a migraine ~3~ Ethical frameworks are topicality interpretations of the word ought so they must be theoretically justified. Prefer on resource disparities—focusing on evidence and statistics privileges debaters with the most preround prep excluding lone-wolfs who lack huge evidence files. A debater under my framework can easily be won without any prep since minimal evidence is required. That controls the internal link to other voters because a pre-req to debating is access to the activity.~4~ Contesting offense under the Aff framework is a voting issue. Reciprocity – I have to win my framework and beat the NC before I can access case, whereas you can collapse to either layer or dump on offense for 7 minutes as a no-risk issue so there’s a skew. Key to fairness because it’s definitionally equal access to the ballot.AdvocacyThus, the plan – Resolved: The appropriation of outer space by private entities is unjust. Definitions and enforcement in the doc and I’ll clarify in cross.To clarify we’ll defend implementation and a revision to the Outer Space Treaty that explicitly bans appropriation of outer space by private entities Offense~1~ Privatization is bad~a~ The OST allows for regions that could be under the exclusive control of corporations, while no government has authority.Ward 19 Peter Ward (Peter Ward studied journalism at the University of Sheffield before moving to Dubai, where he reported on the energy sector. After three years in the Middle East, he earned his master’s degree in business journalism from the Columbia University Graduate School of Journalism. His work has appeared in GQ, Bloomberg Buisnessweek, The Economist, and Newsweek. He lives in New York City.) "The unintended consequences of privatising space," ScienceFocus (Online version of BBC Science Focus Magazine). Nov. 6th, 2019. https://www.sciencefocus.com/space/the-unintended-consequences-of-privatising-space/ SJMS AND the necessary small steps now to avoid potentially disastrous consequences in the future. ~b~ That’s an instance of a unilateral will governing individuals while universal decision making is absent. This is an unjust state which violates people’s freedoms and violates the categorical imperative.Cordelli 16 Chiara Cordelli ~Chiara Cordelli is an associate professor in the Department of Political Science at the University of Chicago. Her main areas of research are social and political philosophy, with a particular focus on theories of distributive justice, political legitimacy, normative defenses of the state, and the public/private distinction in liberal theory. She is the author of The Privatized State (Princeton University Press, 2020), which was awarded the 2021 ECPR political theory prize for best first book in political theory. She is also the co-editor of, and a contributor to, Philanthropy in Democratic Societies (University of Chicago Press, 2016). — cordelli@uchicago.edu~ "WHAT IS WRONG WITH PRIVATIZATION?", University of Chicago, Political Science and the College, https://www.law.berkeley.edu/wp-content/uploads/2016/01/What-is-Wrong-With-Privatization'UCB.pdf AND as the implementation of public, justice-based responsibilities through private agents. ~2~ The categorical imperative rejects states and companies desires to profit off of space for themselves.Wurth 19Wurth, Nicolas. "SPACE ETHICS IN INTERNATIONAL SPACE LAW: ADVANCEMENT AND ENFORCEABILITY." University of Luxembourg , 2019. SJEP AND technical ability to conduct a profitable space activity such as space-mining? Underview~1~ Permissibility and presumption affirm: ~A~ Negating an obligation requires proving a prohibition – they prohibit the aff action. ~B~ If agents had to reflect on every action they take and justify why it was a good one we would never be able to take an action because we would have to justify actions that are morally neutral ie drinking water is not morally right or wrong but if I had to justify my action every time I decided upon a course of action I would never be able to make decisions.~2~ Aff gets 1AR theory and RVIs – otherwise the neg can be infinitely abusive and there’s no way to check against this1AR theory is drop the debater, competing interps, and the highest layer of the round – ~A~ the 1ARs too short to be able to rectify abuse and adequately cover substance, ~B~ they get to go for their shell and beat back mine in the long 2NR but the 2AR is too short to do bothAdvantageThe advantage is Debris:Privatization of space is unsustainable and increases debris – triggers the Kessler SyndromeThompson 21 ~Clive, 11/17/21, Clive Thompson is a contributing writer for the New York Times Magazine, a columnist for Wired and Smithsonian magazines, and a regular contributor to Mother Jones. He’s the author of Coders: The Making of a New Tribe and the Remaking of the World, and Smarter Than You Think: How Technology is Changing our Minds for the Better. He’s @pomeranian99 on Twitter and Instagram, "Get Ready for the "Kessler Syndrome" to Wreck Outer Space," OneZero, https://onezero.medium.com/get-ready-for-the-kessler-syndrome-to-wreck-outer-space-7f29cfe62c3e~~ Justin AND orbit but unintentional ones — bits of rocket parts and detritus from launches. Privatization exponentially increases the curve but ending dangerous missions prevents it.Bernat 20 ~Pawel, 2020, Military University of Aviation, "ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT," SAFETY ENGINEERING OF ANTHROPOGENIC OBJECTS, Volume 4, PDF~ Justin AND the global level, apart from first-come, first-served. Debris causes nuclear war—-Noko, Iran, and China.Beauchamp 14 – Zack, 4/21/14, Zack Beauchamp is a senior correspondent at Vox, where he covers global politics and ideology, and a host of Worldly, Vox's podcast on foreign policy and international relations. His work focuses on the rise of the populist right across the West, the role of identity in American politics, and how fringe ideologies shape the mainstream. Before coming to Vox, he edited TP Ideas, a section of Think Progress devoted to the ideas shaping our political world. He has an MSc from the London School of Economics in International Relations and grew up in Washington, DC, where he currently lives with his wife, daughter, and two (rescue) dogs ~"How space trash could start a nuclear war," Vox, https://www.vox.com/2014/4/21/5625246/space-war-china-north-korea-iran~~ Justin *Brackets added for ableist language AND war is imminent — an assessment that could have self-fulfilling consequences." Any nuclear war causes extinction – ice age and famine.Steven Starr 15 ~Director of the University of Missouri’s Clinical Laboratory Science Program, as well as a senior scientist at the Physicians for Social Responsibility. He has worked with the Swiss, Chilean, and Swedish governments in support of their efforts at the United Nations to eliminate thousands of high-alert, launch-ready U.S. and Russian nuclear weapons. "Nuclear War: An Unrecognized Mass Extinction Event Waiting To Happen." Ratical. March 2015. https://ratical.org/radiation/NuclearExtinction/StevenStarr022815.html~~ TG AND the operational and deployed nuclear arsenals, will leave the Earth essentially uninhabitable. | 1/13/22 |
JF- AC Kant v2Tournament: debateLA challenge | Round: 6 | Opponent: Marlborough WR | Judge: Panel 1ACFramingEthics must begin a priori:~A~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.~B~ Empirical uncertainty – evil demon could deceive us, dreaming, simulation, and inability to know others’ experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~C~ Constitutive Authority – practical reason is the only unescapable authority because to ask for why we should be reasoners concedes its authority since it uses reason – anything else is nonbinding and arbitrary.~D~ Action theory – only evaluating action through reason solves since reason is key to evaluate intent, otherwise we could infinitely divide actions. For example: If I was brewing tea, I could break up that one big action into multiple small actions. Only our intention, to brew tea unifies these actions if we were never able to unify action, we could never classify certain actions as moral or immoral since those actions would be infinitely divisible.Next, the relevant feature of reason is universality – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others which also means universalizability acts as a side constraint on all other frameworks. It’s impossible to will a violation of freedom since deciding to do would will incompatible ends since it logically entails willing a violation of your own freedomThus, the standard is consistency with the categorical imperative. Prefer:~1~ Performativity—freedom is the key to the process of justification of arguments. Willing that we should abide by their ethical theory presupposes that we own ourselves in the first place. Thus, it is logically incoherent to justify a standard without first willing that we can pursue ends free from others.~2~ Consequences fail: ~A~ They only judge actions after they occur, which fails action guidance ~B~ Every action has infinite stemming consequences, because every consequence can cause another consequence. Probability doesn’t solve because 1) Probability is improvable, as it relies on inductive knowledge, but induction from past events can’t lead to deduction of future events and 2) Probability assumes causation, we can’t assume every act was actually the cause of tangible outcomes ~C~ Every action is infinitely divisible, only intents unify action because we intend the end point of an action – but consequences cannot determine what step of action is moral or not. ~D~ You can’t aggregate consequences, happiness and sadness are immutable – ten headaches don’t make a migraine ~3~ Ethical frameworks are topicality interpretations of the word unjust so they must be theoretically justified. Prefer on resource disparities—focusing on evidence and statistics privileges debaters with the most preround prep excluding lone-wolfs who lack huge evidence files. A debater under my framework can easily be won without any prep since minimal evidence is required. That controls the internal link to other voters because a pre-req to debating is access to the activity.AdvocacyThus, the plan – Resolved: The appropriation of outer space by private entities is unjust. Definitions and enforcement in the doc and I’ll clarify in cross.To clarify we’ll defend implementation and a revision to the Outer Space Treaty that explicitly bans appropriation of outer space by private entities Offense~1~ Privatization is bad~a~ The OST allows for regions that could be under the exclusive control of corporations, while no government has authority.Ward 19 Peter Ward (Peter Ward studied journalism at the University of Sheffield before moving to Dubai, where he reported on the energy sector. After three years in the Middle East, he earned his master’s degree in business journalism from the Columbia University Graduate School of Journalism. His work has appeared in GQ, Bloomberg Buisnessweek, The Economist, and Newsweek. He lives in New York City.) "The unintended consequences of privatising space," ScienceFocus (Online version of BBC Science Focus Magazine). Nov. 6th, 2019. https://www.sciencefocus.com/space/the-unintended-consequences-of-privatising-space/ SJMS AND the necessary small steps now to avoid potentially disastrous consequences in the future. ~b~ That’s an instance of a unilateral will governing individuals while universal decision making is absent. This is an unjust state which violates people’s freedoms and violates the categorical imperative.Cordelli 16 Chiara Cordelli ~Chiara Cordelli is an associate professor in the Department of Political Science at the University of Chicago. Her main areas of research are social and political philosophy, with a particular focus on theories of distributive justice, political legitimacy, normative defenses of the state, and the public/private distinction in liberal theory. She is the author of The Privatized State (Princeton University Press, 2020), which was awarded the 2021 ECPR political theory prize for best first book in political theory. She is also the co-editor of, and a contributor to, Philanthropy in Democratic Societies (University of Chicago Press, 2016). — cordelli@uchicago.edu~ "WHAT IS WRONG WITH PRIVATIZATION?", University of Chicago, Political Science and the College, https://www.law.berkeley.edu/wp-content/uploads/2016/01/What-is-Wrong-With-Privatization'UCB.pdf AND as the implementation of public, justice-based responsibilities through private agents. ~2~ The categorical imperative rejects states and companies desires to profit off of space for themselves.Wurth 19Wurth, Nicolas. "SPACE ETHICS IN INTERNATIONAL SPACE LAW: ADVANCEMENT AND ENFORCEABILITY." University of Luxembourg , 2019. SJEP AND technical ability to conduct a profitable space activity such as space-mining? Underview~1~ Permissibility and presumption affirm: ~A~ Negating an obligation requires proving a prohibition – they prohibit the aff action. ~B~ If agents had to reflect on every action they take and justify why it was a good one we would never be able to take an action because we would have to justify actions that are morally neutral ie drinking water is not morally right or wrong but if I had to justify my action every time I decided upon a course of action I would never be able to make decisions.~2~ Aff gets 1AR theory and RVIs – otherwise the neg can be infinitely abusive and there’s no way to check against this1AR theory is drop the debater, competing interps, and the highest layer of the round – ~A~ the 1ARs too short to be able to rectify abuse and adequately cover substance, ~B~ they get to go for their shell and beat back mine in the long 2NR but the 2AR is too short to do both~3~ Interpretation: The negative must concede the affirmative frameworkViolation: It’s preemptivePrefer-1~ Time skew- Winning the negative framework moots 6 minutes of 1AC offense and forces a 1AR restart against a 7 min 1NC – outweighs on quantifiability and reversibility – I can’t get back time lost and it’s the only way to measure abuse.2~ Topic Ed- Every debate would just be a framework debate which crowds out our ability to have core debates about the topic – that outweighs- A~ Time Frame- We only have 2 months to debate the topic B~ Inclusion- Phil and K literature is incredibly dense and requires a vast amount of prior knowledge and experience which excludes novices while topic literature is less esoteric3~ Prep skew- We can’t predict every single negative framework before round but they know the aff coming into round which makes pre-tournament prep impossible. Especially true since there are millions of K’s and NC’s that could negate. Prep skew outweighs A~ Sequencing- It’s a perquisite engaging in-round since you need prep to debate B~ Engagement- It ruins the quality and depth of discussions that make debate rounds educational.Fairness is a voter- intrinsic to the debate; education- terminal impact to debate; DTD and CI- deter futue abuse, and sets the best norms and rzn is arbtrary and invites judge intervention; no rvi- means 7 minute dump on something they chose AdvantageThe advantage is Debris:Privatization of space is unsustainable and increases debris – triggers the Kessler SyndromeThompson 21 ~Clive, 11/17/21, Clive Thompson is a contributing writer for the New York Times Magazine, a columnist for Wired and Smithsonian magazines, and a regular contributor to Mother Jones. He’s the author of Coders: The Making of a New Tribe and the Remaking of the World, and Smarter Than You Think: How Technology is Changing our Minds for the Better. He’s @pomeranian99 on Twitter and Instagram, "Get Ready for the "Kessler Syndrome" to Wreck Outer Space," OneZero, https://onezero.medium.com/get-ready-for-the-kessler-syndrome-to-wreck-outer-space-7f29cfe62c3e~~ Justin AND orbit but unintentional ones — bits of rocket parts and detritus from launches. Privatization exponentially increases the curve but ending dangerous missions prevents it.Bernat 20 ~Pawel, 2020, Military University of Aviation, "ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT," SAFETY ENGINEERING OF ANTHROPOGENIC OBJECTS, Volume 4, PDF~ Justin AND the global level, apart from first-come, first-served. ====Goes nuclear.==== AND would be significantly reduced (loss of military logistics and intelligence gathering satellites). Debris causes nuclear war—-Noko, Iran, and China.Beauchamp 14 – Zack, 4/21/14, Zack Beauchamp is a senior correspondent at Vox, where he covers global politics and ideology, and a host of Worldly, Vox's podcast on foreign policy and international relations. His work focuses on the rise of the populist right across the West, the role of identity in American politics, and how fringe ideologies shape the mainstream. Before coming to Vox, he edited TP Ideas, a section of Think Progress devoted to the ideas shaping our political world. He has an MSc from the London School of Economics in International Relations and grew up in Washington, DC, where he currently lives with his wife, daughter, and two (rescue) dogs ~"How space trash could start a nuclear war," Vox, https://www.vox.com/2014/4/21/5625246/space-war-china-north-korea-iran~~ Justin *Brackets added for ableist language AND war is imminent — an assessment that could have self-fulfilling consequences." Any nuclear war causes extinction – ice age and famine.Steven Starr 15 ~Director of the University of Missouri’s Clinical Laboratory Science Program, as well as a senior scientist at the Physicians for Social Responsibility. He has worked with the Swiss, Chilean, and Swedish governments in support of their efforts at the United Nations to eliminate thousands of high-alert, launch-ready U.S. and Russian nuclear weapons. "Nuclear War: An Unrecognized Mass Extinction Event Waiting To Happen." Ratical. March 2015. https://ratical.org/radiation/NuclearExtinction/StevenStarr022815.html~~ TG AND the operational and deployed nuclear arsenals, will leave the Earth essentially uninhabitable. Public pressure forces retaliation.Nancy Gallagher 15. Interim director of the Center for International and Security Studies in Maryland, previous Executive Director of the Clinton Administration’s CTBT Treaty Committee, an arms control specialist at the State Dept., and a faculty member at Wesleyan, "Antisatellite warfare without nuclear risk: A mirage," May 29, Bulletin of Atomic Scientists, http://thebulletin.org/space-weapons-and-risk-nuclear-exchanges8346 AND scenarios that are used to justify the development and use of antisatellite weapons. Convergence of factors guarantee space escalation.Thomas González Roberts 17. A space security researcher at the Center for Strategic and International Studies, and host of Moonstruck, a podcast about humans in space. "Why We Should Be Worried about a War in Space ," 12-15-2017. Atlantic, https://www.theatlantic.com/science/archive/2017/12/why-we-should-be-worried-about-a-war-in-space/548507/ AND to align, and agree on norms of behavior. They need rules. | 1/15/22 |
JF- AC Kant v3Tournament: Harvard Westlake | Round: 2 | Opponent: Peninsula CS | Judge: Yang, Elmer | 1/15/22 |
JF- AC Kant v4Tournament: Harvard Westlake | Round: 5 | Opponent: Marlborough JH | Judge: Quissenberry, Jack FWEthics must begin a prioriA~ Dogmatism Paradox – disregard the 1NCSorensen Sorensen, Roy, Professor of Philosophy at Washington University in St. Louis. "Epistemic Paradoxes." Stanford Encyclopedia of Philosophy. 21 June 2006. https://plato.stanford.edu/entries/epistemic-paradoxes/. PeteZ AND future evidence that seems to tell against h. (1973, 148) B~ Negative arguments presuppose the aff being true since they begin with a descriptive premise about the affirmative such as the aff does x, and then justify why x is bad. However, if the aff does not have truth value, that entails the descriptive premise would also not have truth value, which is contradictory.C~ Empirical Uncertainty – evil demon could deceive us and inability to know others experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.D~ Decision Making Paradox- in order to judge we need a decision-making procedure to determine it is a good decision. But to chose a decision-making procedure requires another meta level decision making procedure leading to infinite regress so just vote aff to break the paradox.E~ Constitutive Authority – The meta-ethic is bindingness. Practical reason is the only unescapable authority because to ask why I should be a reasoner concedes it’s authority since you’re actively reasoning.F~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.G~ Transcendental Idealism – what we see is not what is, but our representations of reality – only a priori knowledge is a lane to truth as perception is the lane to truth insofar as a lack of the subject removes material constitution and abstracts sensibility as it is then unknown.That justifies universality –a priori principles like reason apply to everyone since they are independent of human experience and – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end.Additionally:~A~ Resource disparities—focusing on evidence privileges debaters with the most prep excluding lone-wolfs. A debater under my framework can easily be won without any prep since minimal evidence is required. That pre-req to accessing the activity.~B~ Practical identities – we find our lives worth living under practical identities such as student but that presupposes agency.Korsgaard 92 CHRISTINE M. Korsgaard 92 ~I am a Professor of Philosophy at Harvard University, where I have taught since 1991. From July 1996 through June 2002, I was Chair of the Department of Philosophy. (The current chair is Sean Kelly.) From 2004-2012, I was Director of Graduate Studies in Philosophy. (The current DGS is Mark Richard.) Before coming here, I held positions at Yale, the University of California at Santa Barbara, and the University of Chicago, as well as visiting positions at Berkeley and UCLA. I served as President of the Eastern Division of the American Philosophical Association in 2008-2009, and held a Mellon Distinguished Achievement Award from 2006-2009. I work on moral philosophy and its history, practical reason, the nature of agency, personal identity, normativity, and the ethical relations between human beings and the other animals~, "The Sources of Normativity", THE TANNER LECTURES ON HUMAN VALUES Delivered at Clare Hall, Cambridge University 16-17 Nov 1992, BE AND identity, your nature; your obligations spring from what that identity forbids. Thus, the standard is consistency with the categorical imperative.~1~ Presumption and Permissibility affirm: a~ Statements are true before false since if I told you my name, you’d believe me. b~ If anything is permissible, then so is the aff since there is nothing prohibiting us.~2~ Consequences Fail: a~ Yes act/omission distinction – there are infinite events occurring over which you have no control, so you can never be moral b~ Every action has infinite stemming consequences so we can’t predict. c~ Induction is circular because it assumes nature will hold uniform d~ aggregation impossible – impossible to measure pain and pleasure e~ Every action is infinitely divisible, only intents unifyAdvocacyThus, the plan – Resolved: The appropriation of outer space by private entities is unjust. Definitions and enforcement in the doc and I’ll clarify in cross.To clarify we’ll defend implementation and a revision to the Outer Space Treaty that explicitly bans appropriation of outer space by private entities Offense~1~ Privatization is bad~a~ The OST allows for regions that could be under the exclusive control of corporations, while no government has authority.Ward 19 Peter Ward (Peter Ward studied journalism at the University of Sheffield before moving to Dubai, where he reported on the energy sector. After three years in the Middle East, he earned his master’s degree in business journalism from the Columbia University Graduate School of Journalism. His work has appeared in GQ, Bloomberg Buisnessweek, The Economist, and Newsweek. He lives in New York City.) "The unintended consequences of privatising space," ScienceFocus (Online version of BBC Science Focus Magazine). Nov. 6th, 2019. https://www.sciencefocus.com/space/the-unintended-consequences-of-privatising-space/ SJMS AND the necessary small steps now to avoid potentially disastrous consequences in the future. ~b~ That’s an instance of a unilateral will governing individuals while universal decision making is absent. This is an unjust state which violates people’s freedoms and violates the categorical imperative.Cordelli 16 Chiara Cordelli ~Chiara Cordelli is an associate professor in the Department of Political Science at the University of Chicago. Her main areas of research are social and political philosophy, with a particular focus on theories of distributive justice, political legitimacy, normative defenses of the state, and the public/private distinction in liberal theory. She is the author of The Privatized State (Princeton University Press, 2020), which was awarded the 2021 ECPR political theory prize for best first book in political theory. She is also the co-editor of, and a contributor to, Philanthropy in Democratic Societies (University of Chicago Press, 2016). — cordelli@uchicago.edu~ "WHAT IS WRONG WITH PRIVATIZATION?", University of Chicago, Political Science and the College, https://www.law.berkeley.edu/wp-content/uploads/2016/01/What-is-Wrong-With-Privatization'UCB.pdf AND as the implementation of public, justice-based responsibilities through private agents. ~2~ The categorical imperative rejects states and companies desires to profit off of space for themselves.Wurth 19Wurth, Nicolas. "SPACE ETHICS IN INTERNATIONAL SPACE LAW: ADVANCEMENT AND ENFORCEABILITY." University of Luxembourg , 2019. SJEP AND technical ability to conduct a profitable space activity such as space-mining? 1AC – UnderviewInterpretation: the neg must concede the aff framework provided that the aff standard is consistency with the categorical imperative.Violation’s pre-emptive.Strat skew – neg is reactive and can up-layer the aff on moral frameworks, procedurals, and discursive arguments – AFC levels the playing field by forcing the neg to commit to the aff on substance, which ensures the AC mattersNo RVI on 1ac theory that has a pre-emptive violation—they would have 7 minutes to answer a minute-long shell and the debate would end right there—the entire 1ac cant be the shell because then they could just choose not to violate it1AC Theory is DTD—its key to making sure they’re held accountable since they chose to violate itCompeting interps on 1AC Theory- A~ 7 minutes is more than enough time to robustly justify their counter interp1~ The role of the ballot is to determine whether the resolution is a true or false statementAff flex – other frameworks moots the entire aff and exacerbates the fact that the 1nc is reactionary since I should be able to compensate by choosing Collapses – you must say it is true that a world is better than another in order to compare the two.Scalar methods rely on intervention – the persuasion of certain DA or advantages sway decisions – only a binary resolves that and prevents intervention which is the biggest impact under fairness.Substantive skews – there is always a more correct side of the topic but we compensate for flaws in the lit.Most inclusive because other ROBs allow for oppression Olympics allowing personal lives and experiences to factor in decisions.The ballot says vote aff or neg based on a topic – five dictionaries define to negate as to deny the truth of and affirm as to prove true which means it’s constitutive and jurisdictional – that outweighs – all your arguments presume the judge evaluates them and controls the IL to topic ed and fairness since the rules of the activity is what we base our arguments on.Logical arguments aren’t justified in a vacuum – they’re in the context of the resolution so we only defend the resolutional application – misapplications are infinitely regressive since every argument can be used to justify something bad so you should frame this debate through specificity2~ 1AR theory is legit – anything else means infinite abuse – drop the debater, competing interps, no rvis– 1AR is too short to make up for the time trade-off – no RVIs or 2NR theory and paradigm issues– 6 min 2NR means they can brute force me every time. Aff theory first – it’s a much larger strategic loss because 1min is ¼ of the 1AR vs 1/7 of the 1NC which means there’s more abuse if I’m devoting a larger fraction of time.3~ NC Theory –A~ It’s drop the argument since the 1AC speaks in the dark and violates countless bidirectional interps no matter what so we shouldn’t be punished for it.B~ Reasonability since the 1AR is too short to effectively win offense against a 6-minute 2nr dump.C~ Affirm means to express agreement and you already know I do.4~ Permissibility and presumption affirm: ~A~ Negating an obligation requires proving a prohibition – they prohibit the aff action. ~B~ If agents had to reflect on every action they take and justify why it was a good one we would never be able to take an action because we would have to justify actions that are morally neutral5~ Check all neg interps and K/DA links in CX – avoids infinite regress due to links and interps6~ The neg can only gain offense from one unconditional route to the ballot- Forces the neg to engage in the AC rather than just uplayering7~ Theory or K indicts on spikes is drop the arg – my theory paradigms are simply presented models for debate8~ PICs out of appropriation are a voting issue – infinite ways a private actor can appropriate space which explodes limits – reading it as a disad solves content educationAdvantageThe advantage is Debris:Privatization of space is unsustainable and increases debris – triggers the Kessler SyndromeThompson 21 ~Clive, 11/17/21, Clive Thompson is a contributing writer for the New York Times Magazine, a columnist for Wired and Smithsonian magazines, and a regular contributor to Mother Jones. He’s the author of Coders: The Making of a New Tribe and the Remaking of the World, and Smarter Than You Think: How Technology is Changing our Minds for the Better. He’s @pomeranian99 on Twitter and Instagram, "Get Ready for the "Kessler Syndrome" to Wreck Outer Space," OneZero, https://onezero.medium.com/get-ready-for-the-kessler-syndrome-to-wreck-outer-space-7f29cfe62c3e~~ Justin AND orbit but unintentional ones — bits of rocket parts and detritus from launches. Privatization exponentially increases the curve but ending dangerous missions prevents it.Bernat 20 ~Pawel, 2020, Military University of Aviation, "ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT," SAFETY ENGINEERING OF ANTHROPOGENIC OBJECTS, Volume 4, PDF~ Justin AND the global level, apart from first-come, first-served. ====Goes nuclear.==== AND would be significantly reduced (loss of military logistics and intelligence gathering satellites). Debris causes nuclear war—-Noko, Iran, and China.Beauchamp 14 – Zack, 4/21/14, Zack Beauchamp is a senior correspondent at Vox, where he covers global politics and ideology, and a host of Worldly, Vox's podcast on foreign policy and international relations. His work focuses on the rise of the populist right across the West, the role of identity in American politics, and how fringe ideologies shape the mainstream. Before coming to Vox, he edited TP Ideas, a section of Think Progress devoted to the ideas shaping our political world. He has an MSc from the London School of Economics in International Relations and grew up in Washington, DC, where he currently lives with his wife, daughter, and two (rescue) dogs ~"How space trash could start a nuclear war," Vox, https://www.vox.com/2014/4/21/5625246/space-war-china-north-korea-iran~~ Justin *Brackets added for ableist language AND war is imminent — an assessment that could have self-fulfilling consequences." Any nuclear war causes extinction – ice age and famine.Steven Starr 15 ~Director of the University of Missouri’s Clinical Laboratory Science Program, as well as a senior scientist at the Physicians for Social Responsibility. He has worked with the Swiss, Chilean, and Swedish governments in support of their efforts at the United Nations to eliminate thousands of high-alert, launch-ready U.S. and Russian nuclear weapons. "Nuclear War: An Unrecognized Mass Extinction Event Waiting To Happen." Ratical. March 2015. https://ratical.org/radiation/NuclearExtinction/StevenStarr022815.html~~ TG AND the operational and deployed nuclear arsenals, will leave the Earth essentially uninhabitable. | 1/16/22 |
JF- AC Kant v5Tournament: UNLV | Round: Octas | Opponent: Southlake Carrol SD | Judge: Panel 1ACFramingEthics must begin a priori:~A~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.~B~ Empirical uncertainty – evil demon could deceive us, dreaming, simulation, and inability to know others’ experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~C~ Constitutive Authority – practical reason is the only unescapable authority because to ask for why we should be reasoners concedes its authority since it uses reason – anything else is nonbinding and arbitrary.~D~ Action theory – only evaluating action through reason solves since reason is key to evaluate intent, otherwise we could infinitely divide actions. For example: If I was brewing tea, I could break up that one big action into multiple small actions. Only our intention, to brew tea unifies these actions if we were never able to unify action, we could never classify certain actions as moral or immoral since those actions would be infinitely divisible.Next, the relevant feature of reason is universality – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others which also means universalizability acts as a side constraint on all other frameworks. It’s impossible to will a violation of freedom since deciding to do would will incompatible ends since it logically entails willing a violation of your own freedomThus, the standard is consistency with the categorical imperative. Prefer:~1~ Performativity—freedom is the key to the process of justification of arguments. Willing that we should abide by their ethical theory presupposes that we own ourselves in the first place. Thus, it is logically incoherent to justify a standard without first willing that we can pursue ends free from others.~2~ Consequences fail: ~A~ They only judge actions after they occur, which fails action guidance ~B~ Every action has infinite stemming consequences, because every consequence can cause another consequence. Probability doesn’t solve because 1) Probability is improvable, as it relies on inductive knowledge, but induction from past events can’t lead to deduction of future events and 2) Probability assumes causation, we can’t assume every act was actually the cause of tangible outcomes ~C~ Every action is infinitely divisible, only intents unify action because we intend the end point of an action – but consequences cannot determine what step of action is moral or not. ~D~ You can’t aggregate consequences, happiness and sadness are immutable – ten headaches don’t make a migraine ~3~ Ethical frameworks are topicality interpretations of the word unjust so they must be theoretically justified. Prefer on resource disparities—focusing on evidence and statistics privileges debaters with the most preround prep excluding lone-wolfs who lack huge evidence files. A debater under my framework can easily be won without any prep since minimal evidence is required. That controls the internal link to other voters because a pre-req to debating is access to the activity.AdvocacyThus, the plan – Resolved: The appropriation of outer space by private entities is unjust. Definitions and enforcement in the doc and I’ll clarify in cross.To clarify we’ll defend implementation and a revision to the Outer Space Treaty that explicitly bans appropriation of outer space by private entities Offense~1~ Privatization is bad~a~ The OST allows for regions that could be under the exclusive control of corporations, while no government has authority.Ward 19 Peter Ward (Peter Ward studied journalism at the University of Sheffield before moving to Dubai, where he reported on the energy sector. After three years in the Middle East, he earned his master’s degree in business journalism from the Columbia University Graduate School of Journalism. His work has appeared in GQ, Bloomberg Buisnessweek, The Economist, and Newsweek. He lives in New York City.) "The unintended consequences of privatising space," ScienceFocus (Online version of BBC Science Focus Magazine). Nov. 6th, 2019. https://www.sciencefocus.com/space/the-unintended-consequences-of-privatising-space/ SJMS AND the necessary small steps now to avoid potentially disastrous consequences in the future. ~b~ That’s an instance of a unilateral will governing individuals while universal decision making is absent. This is an unjust state which violates people’s freedoms and violates the categorical imperative.Cordelli 16 Chiara Cordelli ~Chiara Cordelli is an associate professor in the Department of Political Science at the University of Chicago. Her main areas of research are social and political philosophy, with a particular focus on theories of distributive justice, political legitimacy, normative defenses of the state, and the public/private distinction in liberal theory. She is the author of The Privatized State (Princeton University Press, 2020), which was awarded the 2021 ECPR political theory prize for best first book in political theory. She is also the co-editor of, and a contributor to, Philanthropy in Democratic Societies (University of Chicago Press, 2016). — cordelli@uchicago.edu~ "WHAT IS WRONG WITH PRIVATIZATION?", University of Chicago, Political Science and the College, https://www.law.berkeley.edu/wp-content/uploads/2016/01/What-is-Wrong-With-Privatization'UCB.pdf AND as the implementation of public, justice-based responsibilities through private agents. ~2~ The categorical imperative rejects states and companies desires to profit off of space for themselves.Wurth 19Wurth, Nicolas. "SPACE ETHICS IN INTERNATIONAL SPACE LAW: ADVANCEMENT AND ENFORCEABILITY." University of Luxembourg , 2019. SJEP AND technical ability to conduct a profitable space activity such as space-mining? Underview~1~ Permissibility and presumption affirm: ~A~ Negating an obligation requires proving a prohibition – they prohibit the aff action. ~B~ If agents had to reflect on every action they take and justify why it was a good one we would never be able to take an action because we would have to justify actions that are morally neutral ie drinking water is not morally right or wrong but if I had to justify my action every time I decided upon a course of action I would never be able to make decisions.~2~ Aff gets 1AR theory and RVIs – otherwise the neg can be infinitely abusive and there’s no way to check against this1AR theory is drop the debater, competing interps, and the highest layer of the round – ~A~ the 1ARs too short to be able to rectify abuse and adequately cover substance, ~B~ they get to go for their shell and beat back mine in the long 2NR but the 2AR is too short to do both~3~ Interpretation: The negative must concede the affirmative frameworkViolation: It’s preemptivePrefer-1~ Time skew- Winning the negative framework moots 6 minutes of 1AC offense and forces a 1AR restart against a 7 min 1NC – outweighs on quantifiability and reversibility – I can’t get back time lost and it’s the only way to measure abuse.2~ Topic Ed- Every debate would just be a framework debate which crowds out our ability to have core debates about the topic – that outweighs- A~ Time Frame- We only have 2 months to debate the topic B~ Inclusion- Phil and K literature is incredibly dense and requires a vast amount of prior knowledge and experience which excludes novices while topic literature is less esoteric3~ Prep skew- We can’t predict every single negative framework before round but they know the aff coming into round which makes pre-tournament prep impossible. Especially true since there are millions of K’s and NC’s that could negate. Prep skew outweighs A~ Sequencing- It’s a perquisite engaging in-round since you need prep to debate B~ Engagement- It ruins the quality and depth of discussions that make debate rounds educational.Fairness is a voter- intrinsic to the debate; education- terminal impact to debate; DTD and CI- deter futue abuse, and sets the best norms and rzn is arbtrary and invites judge intervention; no rvi- means 7 minute dump on something they chose AdvantageThe advantage is debris:Massive satellite development incoming and cascades debris – lack of regulations raises the risk and turns any reason satellites are good.Hattenbach 19. Jan Hattenbach sat down with Stijn Lemmens, Senior Space Debris Mitigation Analyst at the European Space Agency (ESA) in Darmstadt, Germany, to talk about how Starlink plays into the space junk problem. 6/3/19. ~Sky Telescope, "DOES STARLINK POSE A SPACE DEBRIS THREAT? AN EXPERT ANSWERS," https://skyandtelescope.org/astronomy-news/starlink-space-debris/~~ Justin AND make nation states responsible for the behavior of their individuals or private companies. Democratization of technology spurs rapid development – feedback loops ensures debris cascadesBERNAT 20. Pawel @ Military University of Aviation. 11/4/20. ~SAFETY ENGINEERING OF ANTHROPOGENIC OBJECTS, "ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT," Volume 4, PDF~ Justin AND constellations and how they contribute to the growing threat of the Kessler syndrome. Privatization drive rivalries and exponentially increases debris – lack of regulations spikes it.BERNAT 20. Pawel @ Military University of Aviation. 11/4/20. ~SAFETY ENGINEERING OF ANTHROPOGENIC OBJECTS, "ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT," Volume 4, PDF~ Justin AND the global level, apart from first-come, first-served. Models are rigorous—inserted below.Virgili et al. 16. Bastida, J.C. Dolado, H.G. Lewis, J. Radtke, H. Krag, B. Revelin, C. Cazaux b , C. Colombo, R. Crowther, M. Metz. 4/26/16. ~Act Astranautica "Risk to space sustainability from large constellations of satellites," https://sci-hub.se/10.1016/j.actaastro.2016.03.034.~~ Justin AND collision activity, while the different models used their own solar activity forecast. That drives a space arms race which enhances the risk of debris cascades, closes off space exploration, and causes conflict.Shah 20. Sachin Shah is a write for Cornell Undergraduate Law and Society Review. 8/30/20 ~CORNELL UNDERGRADUATE LAW and SOCIETY REVIEW "The International Legal Regulation of Space Debris," https://www.culsr.org/articles/the-international-legal-regulation-of-space-debris~~ Justin AND , and, finally, discuss legal considerations for private enterprises as well. Satellites solves the grid and every extinction scenario.Pellegrino and Stang 16. Massimo Pellegrino, Master’s Degree in Space Studies from ISU, with Gerald Stang, Senior Associate Analyst at the EUISS, holds BSc and MSc degrees in chemical engineering from the University of Saskatchewan and an MA in international affairs from the School of International and Public Affairs at Columbia University ("Space Security for Europe", EU Institute for Security Studies, published July 2016, https://www.iss.europa.eu/content/space-security-europe, accessed 7-10-2019) bm AND space systems need to be adequately protected and the space environment properly managed. Any nuclear war causes extinction – ice age and famine.Steven Starr 15 ~Director of the University of Missouri’s Clinical Laboratory Science Program, as well as a senior scientist at the Physicians for Social Responsibility. He has worked with the Swiss, Chilean, and Swedish governments in support of their efforts at the United Nations to eliminate thousands of high-alert, launch-ready U.S. and Russian nuclear weapons. "Nuclear War: An Unrecognized Mass Extinction Event Waiting To Happen." Ratical. March 2015. https://ratical.org/radiation/NuclearExtinction/StevenStarr022815.html~~ TG AND the operational and deployed nuclear arsenals, will leave the Earth essentially uninhabitable. | 2/7/22 |
JF- AC Kant v6Tournament: NDCA | Round: 3 | Opponent: Sequoia AS | Judge: Le, Truman 1ACFramingEthics must begin a priori:~A~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.~B~ Empirical uncertainty – evil demon could deceive us, dreaming, simulation, and inability to know others’ experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~C~ Constitutive Authority – practical reason is the only unescapable authority because to ask for why we should be reasoners concedes its authority since it uses reason – anything else is nonbinding and arbitrary.~D~ Action theory – only evaluating action through reason solves since reason is key to evaluate intent, otherwise we could infinitely divide actions. For example: If I was brewing tea, I could break up that one big action into multiple small actions. Only our intention, to brew tea unifies these actions if we were never able to unify action, we could never classify certain actions as moral or immoral since those actions would be infinitely divisible.Next, the relevant feature of reason is universality – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others which also means universalizability acts as a side constraint on all other frameworks. It’s impossible to will a violation of freedom since deciding to do would will incompatible ends since it logically entails willing a violation of your own freedomThus, the standard is consistency with the categorical imperative. Prefer:~1~ Performativity—freedom is the key to the process of justification of arguments. Willing that we should abide by their ethical theory presupposes that we own ourselves in the first place. Thus, it is logically incoherent to justify a standard without first willing that we can pursue ends free from others.~2~ Consequences fail: ~A~ They only judge actions after they occur, which fails action guidance ~B~ Every action has infinite stemming consequences, because every consequence can cause another consequence. Probability doesn’t solve because 1) Probability is improvable, as it relies on inductive knowledge, but induction from past events can’t lead to deduction of future events and 2) Probability assumes causation, we can’t assume every act was actually the cause of tangible outcomes ~C~ Every action is infinitely divisible, only intents unify action because we intend the end point of an action – but consequences cannot determine what step of action is moral or not. ~D~ You can’t aggregate consequences, happiness and sadness are immutable – ten headaches don’t make a migraine ~3~ Ethical frameworks are topicality interpretations of the word unjust so they must be theoretically justified. Prefer on resource disparities—focusing on evidence and statistics privileges debaters with the most preround prep excluding lone-wolfs who lack huge evidence files. A debater under my framework can easily be won without any prep since minimal evidence is required. That controls the internal link to other voters because a pre-req to debating is access to the activity.~4~ Only universalizable reason can effectively explain the perspectives of agents – that’s the best method for combatting oppression.Farr 02 Arnold Farr (prof of phil @ UKentucky, focusing on German idealism, philosophy of race, postmodernism, psychoanalysis, and liberation philosophy). "Can a Philosophy of Race Afford to Abandon the Kantian Categorical Imperative?" JOURNAL of SOCIAL PHILOSOPHY, Vol. 33 No. 1, Spring 2002, 17–32. AND choosing my maxims I attempt to include the perspective of other moral agents. AdvocacyThus, the plan – Resolved: The appropriation of outer space by private entities is unjust. Definitions and enforcement in the doc and I’ll clarify in cross.To clarify we’ll defend implementation and a revision to the Outer Space Treaty that explicitly bans appropriation of outer space by private entities Offense~1~ Privatization is bad~a~ The OST allows for regions that could be under the exclusive control of corporations, while no government has authority.Ward 19 Peter Ward (Peter Ward studied journalism at the University of Sheffield before moving to Dubai, where he reported on the energy sector. After three years in the Middle East, he earned his master’s degree in business journalism from the Columbia University Graduate School of Journalism. His work has appeared in GQ, Bloomberg Buisnessweek, The Economist, and Newsweek. He lives in New York City.) "The unintended consequences of privatising space," ScienceFocus (Online version of BBC Science Focus Magazine). Nov. 6th, 2019. https://www.sciencefocus.com/space/the-unintended-consequences-of-privatising-space/ SJMS AND the necessary small steps now to avoid potentially disastrous consequences in the future. ~b~ That’s an instance of a unilateral will governing individuals while universal decision making is absent. This is an unjust state which violates people’s freedoms and violates the categorical imperative.Cordelli 16 Chiara Cordelli ~Chiara Cordelli is an associate professor in the Department of Political Science at the University of Chicago. Her main areas of research are social and political philosophy, with a particular focus on theories of distributive justice, political legitimacy, normative defenses of the state, and the public/private distinction in liberal theory. She is the author of The Privatized State (Princeton University Press, 2020), which was awarded the 2021 ECPR political theory prize for best first book in political theory. She is also the co-editor of, and a contributor to, Philanthropy in Democratic Societies (University of Chicago Press, 2016). — cordelli@uchicago.edu~ "WHAT IS WRONG WITH PRIVATIZATION?", University of Chicago, Political Science and the College, https://www.law.berkeley.edu/wp-content/uploads/2016/01/What-is-Wrong-With-Privatization'UCB.pdf AND as the implementation of public, justice-based responsibilities through private agents. ~2~ The categorical imperative rejects states and companies desires to profit off of space for themselves.Wurth 19Wurth, Nicolas. "SPACE ETHICS IN INTERNATIONAL SPACE LAW: ADVANCEMENT AND ENFORCEABILITY." University of Luxembourg , 2019. SJEP AND technical ability to conduct a profitable space activity such as space-mining? Underview~1~ Permissibility and presumption affirm: ~A~ Negating an obligation requires proving a prohibition – they prohibit the aff action. ~B~ If agents had to reflect on every action they take and justify why it was a good one we would never be able to take an action because we would have to justify actions that are morally neutral ie drinking water is not morally right or wrong but if I had to justify my action every time I decided upon a course of action I would never be able to make decisions.~2~ Aff gets 1AR theory and RVIs – otherwise the neg can be infinitely abusive and there’s no way to check against this1AR theory is drop the debater, competing interps, and the highest layer of the round – ~A~ the 1ARs too short to be able to rectify abuse and adequately cover substance, ~B~ they get to go for their shell and beat back mine in the long 2NR but the 2AR is too short to do both~3~ Interpretation: The negative must concede the affirmative frameworkViolation: It’s preemptivePrefer-1~ Time skew- Winning the negative framework moots 6 minutes of 1AC offense and forces a 1AR restart against a 7 min 1NC – outweighs on quantifiability and reversibility – I can’t get back time lost and it’s the only way to measure abuse.2~ Topic Ed- Every debate would just be a framework debate which crowds out our ability to have core debates about the topic – that outweighs- A~ Time Frame- We only have 2 months to debate the topic B~ Inclusion- Phil and K literature is incredibly dense and requires a vast amount of prior knowledge and experience which excludes novices while topic literature is less esoteric3~ Prep skew- We can’t predict every single negative framework before round but they know the aff coming into round which makes pre-tournament prep impossible. Especially true since there are millions of K’s and NC’s that could negate. Prep skew outweighs A~ Sequencing- It’s a perquisite engaging in-round since you need prep to debate B~ Engagement- It ruins the quality and depth of discussions that make debate rounds educational.Fairness is a voter- intrinsic to the debate; education- terminal impact to debate; DTD and CI- deter futue abuse, and sets the best norms and rzn is arbtrary and invites judge intervention; no rvi- means 7 minute dump on something they chose AdvantageThe space sector is trending towards privatization – that drives feedback loops of technology creating cascading collisions.BERNAT 20. Pawel @ Military University of Aviation. 11/4/20. ~SAFETY ENGINEERING OF ANTHROPOGENIC OBJECTS, "ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT," Volume 4, PDF~ Justin AND constellations and how they contribute to the growing threat of the Kessler syndrome. Privatization exponentially increases debris – lack of regulations spikes it – models.BERNAT 20. Pawel @ Military University of Aviation. 11/4/20. ~SAFETY ENGINEERING OF ANTHROPOGENIC OBJECTS, "ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT," Volume 4, PDF~ Justin AND the global level, apart from first-come, first-served. Fragmentation leads to speedy debris – that’s laws of physics.Aerospace.org n.d. ~As an independent, nonprofit corporation operating the only FFRDC for the space enterprise, The Aerospace Corporation performs objective technical analyses and assessments for a variety of government, civil, and commercial customers. "SPACE DEBRIS 101." AEROSPACE. https://aerospace.org/article/space-debris-101~~ Justin AND too high. The collisions would look like explosions to a nearby observer. Rivalrous orbits create space conflict and turn good satellites.Samson 22 – Victoria Samson is the Washington office director for the Secure World Foundation, an organization that focuses on space sustainability, and she has over 20 years of experience in military space and security issues. Previously, Ms. Samson was a senior analyst for the Center for Defense Information. She also was a senior policy associate at the Coalition to Reduce Nuclear Dangers, a consortium of arms control groups. Earlier, she was a researcher at Riverside Research Institute, where she worked on war-gaming scenarios for the Missile Defense Agency. 1/17/22. ~Bulletin of the Atomic Scientists, "The complicating role of the private sector in space," DOI: 10.1080/00963402.2021.2014229~ Justin AND and the South Koreans have expressed interest in their own mega-constellation. Debris triggers miscalculated war.Robert Farley 22, Now a 1945 Contributing Editor, Dr. Robert Farley is a Senior Lecturer at the Patterson School at the University of Kentucky. Dr. Farley is the author of Grounded: The Case for Abolishing the United States Air Force (University Press of Kentucky, 2014), the Battleship Book (Wildside, 2016), and Patents for Power: Intellectual Property Law and the Diffusion of Military Technology (University of Chicago, 2020). 1/9/22. ~19 Fourty Five, "Does A Space War Mean A Nuclear War?," https://www.19fortyfive.com/2022/01/does-a-space-war-mean-a-nuclear-war/~~ Justin AND could force traffic onto the nuclear control systems, further confusing the issue. ====No checks on escalation.==== AND space, then, is a slippery slope with few off-ramps. No limited nuclear wars – extinction.Webber 19 – Dr Philip Webber has written widely on nuclear issues and is Chair of Scientists for Global Responsibility (SGR) – a membership organisation promoting responsible science and technology. We will all end up killing each other and one nuclear blast could do it. 5/18/19. ~METRO.UK "We will all end up killing each other and one nuclear blast could do it," https://metro.co.uk/2019/05/18/we-will-all-end-up-killing-each-other-and-one-nuclear-blast-could-do-it-9370115/~~ Recut Justin AND disaster. A similar nuclear stand-off exists between India and Pakistan. | 4/9/22 |
JF- AC Kant v7Tournament: NDCA | Round: 5 | Opponent: Ayala AM | Judge: Palmer, Jacob 1ACFramingEthics must begin a priori:~A~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.~B~ Empirical uncertainty – evil demon could deceive us, dreaming, simulation, and inability to know others’ experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~C~ Constitutive Authority – practical reason is the only unescapable authority because to ask for why we should be reasoners concedes its authority since it uses reason – anything else is nonbinding and arbitrary.~D~ Action theory – only evaluating action through reason solves since reason is key to evaluate intent, otherwise we could infinitely divide actions. For example: If I was brewing tea, I could break up that one big action into multiple small actions. Only our intention, to brew tea unifies these actions if we were never able to unify action, we could never classify certain actions as moral or immoral since those actions would be infinitely divisible.Next, the relevant feature of reason is universality – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others which also means universalizability acts as a side constraint on all other frameworks. It’s impossible to will a violation of freedom since deciding to do would will incompatible ends since it logically entails willing a violation of your own freedomThus, the standard is consistency with the categorical imperative. Prefer:~1~ Performativity—freedom is the key to the process of justification of arguments. Willing that we should abide by their ethical theory presupposes that we own ourselves in the first place. Thus, it is logically incoherent to justify a standard without first willing that we can pursue ends free from others.~2~ Consequences fail: ~A~ They only judge actions after they occur, which fails action guidance ~B~ Every action has infinite stemming consequences, because every consequence can cause another consequence. Probability doesn’t solve because 1) Probability is improvable, as it relies on inductive knowledge, but induction from past events can’t lead to deduction of future events and 2) Probability assumes causation, we can’t assume every act was actually the cause of tangible outcomes ~C~ Every action is infinitely divisible, only intents unify action because we intend the end point of an action – but consequences cannot determine what step of action is moral or not. ~D~ You can’t aggregate consequences, happiness and sadness are immutable – ten headaches don’t make a migraine ~3~ Ethical frameworks are topicality interpretations of the word unjust so they must be theoretically justified. Prefer on resource disparities—focusing on evidence and statistics privileges debaters with the most preround prep excluding lone-wolfs who lack huge evidence files. A debater under my framework can easily be won without any prep since minimal evidence is required. That controls the internal link to other voters because a pre-req to debating is access to the activity.~4~ Only universalizable reason can effectively explain the perspectives of agents – that’s the best method for combatting oppression.Farr 02 Arnold Farr (prof of phil @ UKentucky, focusing on German idealism, philosophy of race, postmodernism, psychoanalysis, and liberation philosophy). "Can a Philosophy of Race Afford to Abandon the Kantian Categorical Imperative?" JOURNAL of SOCIAL PHILOSOPHY, Vol. 33 No. 1, Spring 2002, 17–32. AND choosing my maxims I attempt to include the perspective of other moral agents. AdvocacyThus, the plan – Resolved: The appropriation of outer space by private entities is unjust. Definitions and enforcement in the doc and I’ll clarify in cross.To clarify we’ll defend implementation and a revision to the Outer Space Treaty that explicitly bans appropriation of outer space by private entities Offense~1~ Privatization is bad~a~ The OST allows for regions that could be under the exclusive control of corporations, while no government has authority.Ward 19 Peter Ward (Peter Ward studied journalism at the University of Sheffield before moving to Dubai, where he reported on the energy sector. After three years in the Middle East, he earned his master’s degree in business journalism from the Columbia University Graduate School of Journalism. His work has appeared in GQ, Bloomberg Buisnessweek, The Economist, and Newsweek. He lives in New York City.) "The unintended consequences of privatising space," ScienceFocus (Online version of BBC Science Focus Magazine). Nov. 6th, 2019. https://www.sciencefocus.com/space/the-unintended-consequences-of-privatising-space/ SJMS AND the necessary small steps now to avoid potentially disastrous consequences in the future. ~b~ That’s an instance of a unilateral will governing individuals while universal decision making is absent. This is an unjust state which violates people’s freedoms and violates the categorical imperative.Cordelli 16 Chiara Cordelli ~Chiara Cordelli is an associate professor in the Department of Political Science at the University of Chicago. Her main areas of research are social and political philosophy, with a particular focus on theories of distributive justice, political legitimacy, normative defenses of the state, and the public/private distinction in liberal theory. She is the author of The Privatized State (Princeton University Press, 2020), which was awarded the 2021 ECPR political theory prize for best first book in political theory. She is also the co-editor of, and a contributor to, Philanthropy in Democratic Societies (University of Chicago Press, 2016). — cordelli@uchicago.edu~ "WHAT IS WRONG WITH PRIVATIZATION?", University of Chicago, Political Science and the College, https://www.law.berkeley.edu/wp-content/uploads/2016/01/What-is-Wrong-With-Privatization'UCB.pdf AND as the implementation of public, justice-based responsibilities through private agents. ~2~ The categorical imperative rejects states and companies desires to profit off of space for themselves.Wurth 19Wurth, Nicolas. "SPACE ETHICS IN INTERNATIONAL SPACE LAW: ADVANCEMENT AND ENFORCEABILITY." University of Luxembourg , 2019. SJEP AND technical ability to conduct a profitable space activity such as space-mining? 3~ In outer space, there is no governing authority and thus claiming property imposes your will over others.Stilz 2 (Anna Stilz, Anna Stilz is Laurance S. Rockefeller Professor of Politics and the University Center for Human Values. Her research focuses on questions of political membership, authority and political obligation, nationalism and self-determination, rights to land and territory, and collective agency. , 2009, accessed on 12-18-2021, Muse.jhu, "Project MUSE - Liberal Loyalty", https://muse.jhu.edu/book/30179)//phs st AND , both our rights over our bodies and our rights over external things. 4~ In the state of nature, everyone is an equal arbitrator of justice – that makes rights violations impossible to resolve.Stilz 3 (Anna Stilz, Anna Stilz is Laurance S. Rockefeller Professor of Politics and the University Center for Human Values. Her research focuses on questions of political membership, authority and political obligation, nationalism and self-determination, rights to land and territory, and collective agency. , 2009, accessed on 12-18-2021, Muse.jhu, "Project MUSE - Liberal Loyalty", https://muse.jhu.edu/book/30179)//phs st AND thinks, is refuse to recognize a person’s independence as an equally free being Underview~1~ Permissibility and presumption affirm: ~A~ Negating an obligation requires proving a prohibition – they prohibit the aff action. ~B~ If agents had to reflect on every action they take and justify why it was a good one we would never be able to take an action because we would have to justify actions that are morally neutral ie drinking water is not morally right or wrong but if I had to justify my action every time I decided upon a course of action I would never be able to make decisions.~2~ Aff gets 1AR theory and RVIs – otherwise the neg can be infinitely abusive and there’s no way to check against this1AR theory is drop the debater, competing interps, and the highest layer of the round – ~A~ the 1ARs too short to be able to rectify abuse and adequately cover substance, ~B~ they get to go for their shell and beat back mine in the long 2NR but the 2AR is too short to do both~3~ Interpretation: The negative must concede the affirmative frameworkViolation: It’s preemptivePrefer-1~ Time skew- Winning the negative framework moots 6 minutes of 1AC offense and forces a 1AR restart against a 7 min 1NC – outweighs on quantifiability and reversibility – I can’t get back time lost and it’s the only way to measure abuse.Fairness is a voter- intrinsic to the debate;; DTD and CI- deter futue abuse, and sets the best norms and rzn is arbtrary and invites judge intervention; no rvi- means 7 minute dump on something they chose AdvantageThe space sector is trending towards privatization – that drives feedback loops of technology creating cascading collisions.BERNAT 20. Pawel @ Military University of Aviation. 11/4/20. ~SAFETY ENGINEERING OF ANTHROPOGENIC OBJECTS, "ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT," Volume 4, PDF~ Justin AND constellations and how they contribute to the growing threat of the Kessler syndrome. Privatization exponentially increases debris – lack of regulations spikes it – models.BERNAT 20. Pawel @ Military University of Aviation. 11/4/20. ~SAFETY ENGINEERING OF ANTHROPOGENIC OBJECTS, "ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT," Volume 4, PDF~ Justin AND the global level, apart from first-come, first-served. Fragmentation leads to speedy debris – that’s laws of physics.Aerospace.org n.d. ~As an independent, nonprofit corporation operating the only FFRDC for the space enterprise, The Aerospace Corporation performs objective technical analyses and assessments for a variety of government, civil, and commercial customers. "SPACE DEBRIS 101." AEROSPACE. https://aerospace.org/article/space-debris-101~~ Justin AND too high. The collisions would look like explosions to a nearby observer. Debris triggers miscalculated war.Robert Farley 22, Now a 1945 Contributing Editor, Dr. Robert Farley is a Senior Lecturer at the Patterson School at the University of Kentucky. Dr. Farley is the author of Grounded: The Case for Abolishing the United States Air Force (University Press of Kentucky, 2014), the Battleship Book (Wildside, 2016), and Patents for Power: Intellectual Property Law and the Diffusion of Military Technology (University of Chicago, 2020). 1/9/22. ~19 Fourty Five, "Does A Space War Mean A Nuclear War?," https://www.19fortyfive.com/2022/01/does-a-space-war-mean-a-nuclear-war/~~ Justin AND could force traffic onto the nuclear control systems, further confusing the issue. No limited nuclear wars – extinction.Webber 19 – Dr Philip Webber has written widely on nuclear issues and is Chair of Scientists for Global Responsibility (SGR) – a membership organisation promoting responsible science and technology. We will all end up killing each other and one nuclear blast could do it. 5/18/19. ~METRO.UK "We will all end up killing each other and one nuclear blast could do it," https://metro.co.uk/2019/05/18/we-will-all-end-up-killing-each-other-and-one-nuclear-blast-could-do-it-9370115/~~ Recut Justin AND disaster. A similar nuclear stand-off exists between India and Pakistan. | 4/10/22 |
MA- AC Kant v1Tournament: TFA State | Round: 1 | Opponent: William P Clements SG | Judge: Bukowsky, Holden 1AC FWEthics must begin a priori~~~A~~~ Empirical Uncertainty – evil demon could deceive us and inability to know others experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~~~B~~~ Constitutive Authority – The meta-ethic is bindingness. Practical reason is the only unescapable authority because to ask why I should be a reasoner concedes it’s authority since you’re actively reasoning.~~~C~~~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.That justifies universality – a~~~ a priori principles like reason apply to everyone since they are independent of human experience and b~~~ any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end.Additionally:~~~A~~~ Ethical frameworks are topicality interpretations of the word ought so they must be theoretically justified. Prefer on resource disparities—focusing on evidence and statistics privileges debaters with the most preround prep excluding lone-wolfs who lack huge evidence files. A debater under my framework can easily be won without any prep since minimal evidence is required. That controls the internal link to other voters because a pre-req to debating is access to the activity.~~~B~~~ Only universalizable reason can effectively explain the perspectives of agents – that’s the best method for combatting oppression.Farr 02 Arnold Farr (prof of phil @ UKentucky, focusing on German idealism, philosophy of race, postmodernism, psychoanalysis, and liberation philosophy). "Can a Philosophy of Race Afford to Abandon the Kantian Categorical Imperative?" JOURNAL of SOCIAL PHILOSOPHY, Vol. 33 No. 1, Spring 2002, 17–32. ~~~C~~~ Practical identities – we find our lives worth living under practical identities such as student but that presupposes agency.Korsgaard 92 CHRISTINE M. Korsgaard 92 ~~~I am a Professor of Philosophy at Harvard University, where I have taught since 1991. From July 1996 through June 2002, I was Chair of the Department of Philosophy. (The current chair is Sean Kelly.) From 2004-2012, I was Director of Graduate Studies in Philosophy. (The current DGS is Mark Richard.) Before coming here, I held positions at Yale, the University of California at Santa Barbara, and the University of Chicago, as well as visiting positions at Berkeley and UCLA. I served as President of the Eastern Division of the American Philosophical Association in 2008-2009, and held a Mellon Distinguished Achievement Award from 2006-2009. I work on moral philosophy and its history, practical reason, the nature of agency, personal identity, normativity, and the ethical relations between human beings and the other animals~~~, "The Sources of Normativity", THE TANNER LECTURES ON HUMAN VALUES Delivered at Clare Hall, Cambridge University 16-17 Nov 1992, BE Thus, the standard is consistency with the categorical imperative.~~~1~~~ Presumption and Permissibility affirm: a~~~ Statements are true before false since if I told you my name, you’d believe me. b~~~ If anything is permissible, then so is the aff since there is nothing prohibiting us.~~~2~~~ Consequences Fail: a~~~ Every action has infinite stemming consequences, because every consequence can cause another consequence so we can’t predict. b~~~ Induction is circular because it relies on the assumption that nature will hold uniform and we could only reach that conclusion through inductive reasoning based on observation of past events. c~~~ Every action is infinitely divisible, only intents unify because we commit the end point of an action – but consequences cannot determine what step of action is moral d~~~ Yes act/omission distinction – there are infinite events occurring over which you have no control, so you can never be moral~~~3~~~ Contesting offense under the Aff framework is a voting issue. Reciprocity – I have to win my framework and beat the NC before I can access case, whereas you can collapse to either layer or dump on offense for 7 minutes as a no-risk issue so there’s a skew. Key to fairness because it’s definitionally equal access to the ballot.~~~4~~~ Aspec: JOURNALISTS CAN’T USE UTIL, PREFER DUTY BASED ETHICSChristians 7 Christians, Clifford (Research Professor of Comunications, Professor of Journalism and Professor of Media Studies Emeritus at the University of Illinois Urbana-Champaign) "Utilitarianism in media ethics and its discontents." Journal of Mass Media Ethics 22.2-3 (2007): 113-131. Thus the advocacy: In a democracy, a free press ought to prioritize objectivity over advocacy.That’s the most effective and historically grounded interpretation of objectivity – it isn’t bias free but rather demands a transparent methodology.Dean and Rosenstiel n.d. ~~~Walter Dean was a CCJ training director and API Executive Director Tom Rosenstiel formerly co-chaired the committee. "The lost meaning of ‘objectivity’." API. https://www.americanpressinstitute.org/journalism-essentials/bias-objectivity/lost-meaning-objectivity/~~~~~~ Justin We do not endorse any gendered language Offense~~~1~~~ Under the categorical imperative, objectivity must always be prioritized because anything else is a contradiction in conception of lying, if a lie were universalized then there would no longer be a conception of truth. This makes objectivity the highest layer that always comes first, even if you are advocating.~~~2~~~ Any claim that advocacy is constitutive to a free press is impermissible because the function of media is to report information.Klein 20 ~~~Ian Klein, J.D. Candidate at the Texas AandM University School of Law, 2020, "Enemy of the People: The Ghost of the F.C.C. Fairness Doctrine in the Age of Alternative Facts." Hastings Communications and Entertainment Law Journal, https://repository.uchastings.edu/cgi/viewcontent.cgi?article=1809andcontext=hastings'comm'ent'law'journal~~~~~~/Kankee That affirms: if we all necessarily want our rights enforced and freedoms respected, we all necessarily agree to carry the responsibilities as well as the rights and privileges of citizenship to ensure the government can accurately act as a collective agentKorsgaard 18 ~~~The Claims of Animals and the Needs of Strangers: Two Cases of Imperfect Right. The Journal of Practical EthicsVolume 6, No. 1, June 2018. OPEN ACCESS. http://www.jpe.ox.ac.uk/papers/the-claims-of-animals-and-the-needs-of-strangers-two-cases-of-imperfect-right/~~~~~~ SJ AME ~~~3~~~ A condition of reason is to be able to formulate ideas and ends based on both your private and public use of reason. This can only happen through public information exchange that is not connected to personal or subjective ties.Donald 03 ~~~James Donald, February 3, 2003; KANT, THE PRESS, AND THE PUBLIC USE OF REASON JAMES DONALD James Donald is Professor of Film Studies at the University of New South Wales, email: J.Donald@curtin.edu.au. https://javnost-thepublic.org/article/pdf/2003/2/3/~~~~~~ ~~~4~~~ Advocacy is premised off of making somebody do something for you which violates the categorical imperative because you’re using someone as a means to an end.UV~~~1~~~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. Aff theory is drop the debater, competing interps, and the highest layer since the 1ar is too short to win both theory and substance and reasonability bites intervention since it’s up to the judge to determine. No 2NR RVI, paradigm issues, theory, evidence, or new responses to AC arguments since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. No RVIs on AC arguments – incentivizes a 7 minute collapse that decks 1AR strategy. | 3/10/22 |
MA- AC PolandTournament: TFA State | Round: 4 | Opponent: Garland LY | Judge: Sendajas, Adrian | 3/11/22 |
ND- AC Courts v1Tournament: Blue Key | Round: 4 | Opponent: Southlake Carroll EP | Judge: DeConcini, Jackson 1AC – Adv – Customary International LawThe right to strike is Customary International Law, but the US fails to meet opinio juris standards. Perception of US insufficiency breeds uncertainty with confidence in international law and spirals into noncompliance – that causes a legitimacy crisis. No alt causes to legitimacy – FOA is central to the ILO and the biggest internal link.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND accept international standards and practices; and contemporary U.N. leadership. That prevents harmonization of norms and throws the functioning of international institutions into question – prefer empirics.Seifert 21 ~Achim; 2021; Full Professor of Private Law, German and European Labor Law and Comparative Law at the University of Jena (since 2011). He holds both German State Exams in Law and a PhD of the Johann-Wolfgang-Goethe-University of Frankfurt (1998). After his Habilitation ~Post-Doc~ in 2006 at the University of Frankfurt and several short-term Replacements at the Universities of Frankfurt and Trier (2006-2008), he became an Associate Professor of European and International Labor Law at the University of Luxembourg (2008). His main fields of interest are the Labor Law of the European Union and Comparative Labor Law, including the methodology of Comparative Law. Achim SEIFERT serves as co-editor of the Comparative Labor Law and Policy Journal (CLLPJ) and is a member of the editorial board of the European Labour Law Journal (ELLJ) as well as of the Revue de droit comparé du travail et de la sécurité sociale (RDCTSS). He is an associated member of the International Academy of Comparative Law (since 2013) and fellow of the European Law Institute (ELI) (since 2014); furthermore he has been member of the Jean-Monnet-Centre of Excellence at the University of Jena (2013-2016). He has been visiting Professor at the Universities of Bordeaux, Nantes, Paris 1 (Panthéon-Sorbonne), Luigi Bocconi/Milan and Leuven (Global Law Programme) and has taught as adjunct professor at the University of Luxembourg between 2011 and 2016; "Book Review," European Labour Law Journal, https://sci-hub.se/https://doi.org/10.1177/2031952521994412~~ Justin AND of the constituents therefore necessarily brings into question the functioning of the ILO. Independently frictions in International Law prevent cooperation over international issues.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin AND and became fully developed from the late 1990s, continuing to the present. Scenario one is SDG:Harmonizing international labor standards are key to Sustainable Development Goals – compliance is key.ILO 15 ~International Labor Organization; The International Labour Organization is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and oldest specialised agency of the UN; "The benefits of International Labour Standards," No date stated but most recent event cited is 2015, https://www.ilo.org/global/standards/introduction-to-international-labour-standards/the-benefits-of-international-labour-standards/lang—en/index.htm~ Justin AND of international law which can bring about greater integration of the international community. That’s key to head off a laundry list of interacting catastrophic risks, the combination of which causes extinction and amplifies every other threat.Tom Cernev and Richard Fenner 20, Australian National University; Centre for Sustainable Development, Cambridge University Engineering Department, "The importance of achieving foundational Sustainable Development Goals in reducing global risk," Futures, Vol. 115, January 2020, Elsevier. Recut Justin AND climate change provides the backdrop against which all these interactions will play out. Weak states are existential. Err AFF to account for non-linearity and unpredictable cascades.Hanna Samir Kassab 17. Visiting Assistant Professor of Political Science at Northern Michigan University, Prioritization Theory and Defensive Foreign Policy. Springer International Publishing, 2017. CrossRef, doi:10.1007/978-3-319-48018-3. Re-Cut Justin AND their theories (Kassab and Wu 2014) must take these matters seriously. Scenario two is climate change:Opinio juris compliance with Customary International Law key to legitimacy – that determines our ability to solve environmental crises.Meissner 15 ~Lisa; Vol: 5/1/2015; Associate Attorney with Hobbs Straus Dean and Walker, LLP, an Indian law firm located in Washington, DC. My primary practice areas are education, healthcare, natural resources/environmental law, and lands issues. I am licensed to practice in Washington State and Washington, DC. I am also a proud member of the Fighting Irish and the Golden Eagles - holding my Juris Doctor from the University of Notre Dame and my Bachelor's degrees from Marque0074te University; "Saving the Paper Tiger: Biodiversity as an Irreplaceable Element of Our Common Cultural Heritage," Notre Dame Journal of International and Comparative Law, Volume 5, Issue 1, https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1034andcontext=ndjicl~~ Justin AND more attainable if coupled with regional commitments that facilitate cooperation and accountability.71 Extinction – contrary models are incorrect.Specktor 19 ~Brandon; 6/4/19; Writes about the science of everyday life for Live Science, and previously for Reader's Digest magazine, where he served as an editor for five years; "Human Civilization Will Crumble by 2050 If We Don't Stop Climate Change Now, New Paper Claims," livescience, https://www.livescience.com/65633-climate-change-dooms-humans-by-2050.html~~ Justin AND "the end of human global civilization as we know it." 1AC – PlanPlan text: The United States of America ought to recognize an unconditional right of workers to strike.Courts are normal means and can enforce the right to strike as Customary International Law.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND specified that the right to strike is an integral part of FOA.270 Definition of unconditional right to strike:NLRB 85 ~National Labor Relations Board; "Legislative History of the Labor Management Relations Act, 1947: Volume 1," Jan 1985; https://play.google.com/store/books/details?id=7o1tA''v4xwCandrdid=book-7o1tA''v4xwCandrdot=1~~ Justin AND health and welfare of our people in order to attain a selfish end. 1AC – FramingThe standard is maximizing expected wellbeing-hedonistic act util1~ 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 life1AC- UV1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. It’s drop the debater since the 1ar is too short to win both theory and substance. No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. Competing interps since reasonability is arbitrary and bites judge intervention. | 10/30/21 |
ND- AC Courts v2Tournament: Blue Key | Round: 5 | Opponent: Lexington BF | Judge: Kotapati, Saketh 1AC v11AC – Adv – Customary International LawThe right to strike is Customary International Law, but the US fails to meet opinio juris standards. Perception of US insufficiency breeds uncertainty with confidence in international law and spirals into noncompliance – that causes a legitimacy crisis. No alt causes to legitimacy – FOA is central to the ILO and the biggest internal link.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND accept international standards and practices; and contemporary U.N. leadership. That prevents harmonization of norms and throws the functioning of international institutions into question – prefer empirics.Seifert 21 ~Achim; 2021; Full Professor of Private Law, German and European Labor Law and Comparative Law at the University of Jena (since 2011). He holds both German State Exams in Law and a PhD of the Johann-Wolfgang-Goethe-University of Frankfurt (1998). After his Habilitation ~Post-Doc~ in 2006 at the University of Frankfurt and several short-term Replacements at the Universities of Frankfurt and Trier (2006-2008), he became an Associate Professor of European and International Labor Law at the University of Luxembourg (2008). His main fields of interest are the Labor Law of the European Union and Comparative Labor Law, including the methodology of Comparative Law. Achim SEIFERT serves as co-editor of the Comparative Labor Law and Policy Journal (CLLPJ) and is a member of the editorial board of the European Labour Law Journal (ELLJ) as well as of the Revue de droit comparé du travail et de la sécurité sociale (RDCTSS). He is an associated member of the International Academy of Comparative Law (since 2013) and fellow of the European Law Institute (ELI) (since 2014); furthermore he has been member of the Jean-Monnet-Centre of Excellence at the University of Jena (2013-2016). He has been visiting Professor at the Universities of Bordeaux, Nantes, Paris 1 (Panthéon-Sorbonne), Luigi Bocconi/Milan and Leuven (Global Law Programme) and has taught as adjunct professor at the University of Luxembourg between 2011 and 2016; "Book Review," European Labour Law Journal, https://sci-hub.se/https://doi.org/10.1177/2031952521994412~~ Justin AND of the constituents therefore necessarily brings into question the functioning of the ILO. Independently frictions in International Law prevent cooperation over international issues.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin AND and became fully developed from the late 1990s, continuing to the present. Scenario one is SDG:Harmonizing international labor standards are key to Sustainable Development Goals – compliance is key.ILO 15 ~International Labor Organization; The International Labour Organization is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and oldest specialised agency of the UN; "The benefits of International Labour Standards," No date stated but most recent event cited is 2015, https://www.ilo.org/global/standards/introduction-to-international-labour-standards/the-benefits-of-international-labour-standards/lang—en/index.htm~ Justin AND of international law which can bring about greater integration of the international community. That’s key to head off a laundry list of interacting catastrophic risks, the combination of which causes extinction and amplifies every other threat.Tom Cernev and Richard Fenner 20, Australian National University; Centre for Sustainable Development, Cambridge University Engineering Department, "The importance of achieving foundational Sustainable Development Goals in reducing global risk," Futures, Vol. 115, January 2020, Elsevier. Recut Justin AND climate change provides the backdrop against which all these interactions will play out. Weak states are existential. Err AFF to account for non-linearity and unpredictable cascades.Hanna Samir Kassab 17. Visiting Assistant Professor of Political Science at Northern Michigan University, Prioritization Theory and Defensive Foreign Policy. Springer International Publishing, 2017. CrossRef, doi:10.1007/978-3-319-48018-3. Re-Cut Justin AND their theories (Kassab and Wu 2014) must take these matters seriously. Scenario two is climate change:Opinio juris compliance with Customary International Law key to legitimacy – that determines our ability to solve environmental crises.Meissner 15 ~Lisa; Vol: 5/1/2015; Associate Attorney with Hobbs Straus Dean and Walker, LLP, an Indian law firm located in Washington, DC. My primary practice areas are education, healthcare, natural resources/environmental law, and lands issues. I am licensed to practice in Washington State and Washington, DC. I am also a proud member of the Fighting Irish and the Golden Eagles - holding my Juris Doctor from the University of Notre Dame and my Bachelor's degrees from Marque0074te University; "Saving the Paper Tiger: Biodiversity as an Irreplaceable Element of Our Common Cultural Heritage," Notre Dame Journal of International and Comparative Law, Volume 5, Issue 1, https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1034andcontext=ndjicl~~ Justin AND more attainable if coupled with regional commitments that facilitate cooperation and accountability.71 Extinction – contrary models are incorrect.Specktor 19 ~Brandon; 6/4/19; Writes about the science of everyday life for Live Science, and previously for Reader's Digest magazine, where he served as an editor for five years; "Human Civilization Will Crumble by 2050 If We Don't Stop Climate Change Now, New Paper Claims," livescience, https://www.livescience.com/65633-climate-change-dooms-humans-by-2050.html~~ Justin AND "the end of human global civilization as we know it." 1AC – PlanPlan text: The United States of America ought to recognize an unconditional right of workers to strike.Courts are normal means and can enforce the right to strike as Customary International Law.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND specified that the right to strike is an integral part of FOA.270 Current laws are ambiguous and there is Cause of Action.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND the right to strike, at least until Congress has addressed the issue. Definition of unconditional right to strike:NLRB 85 ~National Labor Relations Board; "Legislative History of the Labor Management Relations Act, 1947: Volume 1," Jan 1985; https://play.google.com/store/books/details?id=7o1tA''v4xwCandrdid=book-7o1tA''v4xwCandrdot=1~~ Justin AND health and welfare of our people in order to attain a selfish end. 1AC – FramingThe standard is maximizing expected wellbeing-hedonistic act util1~ 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 actionsMoen 16, Ole Martin (PhD, Research Fellow in Philosophy at University of Oslo). "An Argument for Hedonism." Journal of Value Inquiry 50.2 (2016): 267. AND notion of legal standing will outstrip the power relations that ground Pettit’s theory. Sauce1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. It’s drop the debater since the 1ar is too short to win both theory and substance. No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. Competing interps since reasonability is arbitrary and bites judge intervention. | 11/20/21 |
ND- AC Courts v3Tournament: Blue Key | Round: Octas | Opponent: Cardinal Gibbons RS | Judge: Panel 1AC1AC – Adv – Customary International LawThe right to strike is Customary International Law, but the US fails to meet opinio juris standards. Perception of US insufficiency breeds uncertainty with confidence in international law and spirals into noncompliance – that causes a legitimacy crisis. No alt causes to legitimacy – FOA is central to the ILO and the biggest internal link.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND accept international standards and practices; and contemporary U.N. leadership. That prevents harmonization of norms and throws the functioning of international institutions into question – prefer empirics.Seifert 21 ~Achim; 2021; Full Professor of Private Law, German and European Labor Law and Comparative Law at the University of Jena (since 2011). He holds both German State Exams in Law and a PhD of the Johann-Wolfgang-Goethe-University of Frankfurt (1998). After his Habilitation ~Post-Doc~ in 2006 at the University of Frankfurt and several short-term Replacements at the Universities of Frankfurt and Trier (2006-2008), he became an Associate Professor of European and International Labor Law at the University of Luxembourg (2008). His main fields of interest are the Labor Law of the European Union and Comparative Labor Law, including the methodology of Comparative Law. Achim SEIFERT serves as co-editor of the Comparative Labor Law and Policy Journal (CLLPJ) and is a member of the editorial board of the European Labour Law Journal (ELLJ) as well as of the Revue de droit comparé du travail et de la sécurité sociale (RDCTSS). He is an associated member of the International Academy of Comparative Law (since 2013) and fellow of the European Law Institute (ELI) (since 2014); furthermore he has been member of the Jean-Monnet-Centre of Excellence at the University of Jena (2013-2016). He has been visiting Professor at the Universities of Bordeaux, Nantes, Paris 1 (Panthéon-Sorbonne), Luigi Bocconi/Milan and Leuven (Global Law Programme) and has taught as adjunct professor at the University of Luxembourg between 2011 and 2016; "Book Review," European Labour Law Journal, https://sci-hub.se/https://doi.org/10.1177/2031952521994412~~ Justin AND of the constituents therefore necessarily brings into question the functioning of the ILO. Independently frictions in International Law prevent cooperation over international issues.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin AND and became fully developed from the late 1990s, continuing to the present. Scenario one is SDG:Harmonizing international labor standards are key to Sustainable Development Goals – compliance is key.ILO 15 ~International Labor Organization; The International Labour Organization is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and oldest specialised agency of the UN; "The benefits of International Labour Standards," No date stated but most recent event cited is 2015, https://www.ilo.org/global/standards/introduction-to-international-labour-standards/the-benefits-of-international-labour-standards/lang—en/index.htm~ Justin AND of international law which can bring about greater integration of the international community. That’s key to head off a laundry list of interacting catastrophic risks, the combination of which causes extinction and amplifies every other threat.Tom Cernev and Richard Fenner 20, Australian National University; Centre for Sustainable Development, Cambridge University Engineering Department, "The importance of achieving foundational Sustainable Development Goals in reducing global risk," Futures, Vol. 115, January 2020, Elsevier. Recut Justin AND climate change provides the backdrop against which all these interactions will play out. Weak states are existential. Err AFF to account for non-linearity and unpredictable cascades.Hanna Samir Kassab 17. Visiting Assistant Professor of Political Science at Northern Michigan University, Prioritization Theory and Defensive Foreign Policy. Springer International Publishing, 2017. CrossRef, doi:10.1007/978-3-319-48018-3. Re-Cut Justin AND their theories (Kassab and Wu 2014) must take these matters seriously. 1AC – PlanPlan text: The United States of America ought to recognize an unconditional right of workers to strike.Courts are normal means and can enforce the right to strike as Customary International Law.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND specified that the right to strike is an integral part of FOA.270 Current laws are ambiguous and there is Cause of Action.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND the right to strike, at least until Congress has addressed the issue. The functionally unlimited interpretation of the right to strike is correct – major exceptions past the theoretical base collapses to non-adherence.Wisskerchen 5 ~Alfred; 2005; "The standard-setting and monitoring activity of the ILO: Legal questions and practical experience," International Labour Review, Vol. 144 (2005), No. 3, https://sci-hub.se/https://onlinelibrary.wiley.com/doi/10.1111/j.1564-913X.2005.tb00569.x~~ Justin AND Vienna Convention on the Law of Treaties, which is authoritative here.87 1AC – FramingThe standard is maximizing expected wellbeing- act util2~ 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 life====Extinction first ==== AND be acting very wrongly." (From chapter 36 of On What Matters) UV1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check backIt’s drop the debater since the 1ar is too short to win both theory and substance.No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin.Competing interps since reasonability is arbitrary and bites judge intervention.1~ Offensive realism structures how states actJohnson and Thayer 16 – Dominic D. P. Johnson, D.Phil., Ph.D.* and Bradley A. Thayer, Ph.D., "The evolution of offensive realism Survival under anarchy from the Pleistocene to the present," https://www.cambridge.org/core/services/aop-cambridge-core/content/view/56B778004187F70B8E59609BE7FEE7A4/S073093841600006Xa.pdf/div-class-title-the-evolution-of-offensive-realism-div.pdf AND in which human brains and behaviors evolved. But what was that context? 2~ Policy education is key to advocacy – that outweighs on portable skills. The educational skills generated from role playing is key to solving impacts in the real world – policy views problems from diverse perspectives, so we can better tackle problems of oppression and create tangible solutions.Nixon 2K Makani Themba-Nixon, Executive Director of The Praxis Project. "Changing the Rules: What Public Policy Means for Organizing." Colorlines 3.2, 2000. AND should be. And then we must be committed to making it so. 3~ Apocalyptic images challenge dominant power structures to create futures of social justiceJessica Hurley 17, Assistant Professor in the Humanities at the University of Chicago, "Impossible Futures: Fictions of Risk in the Longue Durée", Duke University Press, https://read.dukeupress.edu/american-literature/article/89/4/761/132823/Impossible-Futures-Fictions-of-Risk-in-the-Longue AND -time perspective into contemporary America, transforming the present into a speculative space 4~ Psychoanalysis is infinitely regressive, not falsifiable, and too abstractGordon 1 – Paul Gordon, accomplished psychotherapist, "Psychoanalysis and Racism: The Politics of Defeat," RACE and CLASS v. 42 n. 4, 2001, pp. 17-34. AND . Outside of the consulting room, there can be no such verification process | 11/20/21 |
ND- AC Courts v4Tournament: Blue Key | Round: Quarters | Opponent: Lake Highland ArVe | Judge: Panel 1AC1AC – Adv – Customary International LawThe right to strike is Customary International Law, but the US fails to meet opinio juris standards. Perception of US insufficiency breeds uncertainty with confidence in international law and spirals into noncompliance – that causes a legitimacy crisis. No alt causes to legitimacy – FOA is central to the ILO and the biggest internal link.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND accept international standards and practices; and contemporary U.N. leadership. That prevents harmonization of norms and throws the functioning of international institutions into question – prefer empirics.Seifert 21 ~Achim; 2021; Full Professor of Private Law, German and European Labor Law and Comparative Law at the University of Jena (since 2011). He holds both German State Exams in Law and a PhD of the Johann-Wolfgang-Goethe-University of Frankfurt (1998). After his Habilitation ~Post-Doc~ in 2006 at the University of Frankfurt and several short-term Replacements at the Universities of Frankfurt and Trier (2006-2008), he became an Associate Professor of European and International Labor Law at the University of Luxembourg (2008). His main fields of interest are the Labor Law of the European Union and Comparative Labor Law, including the methodology of Comparative Law. Achim SEIFERT serves as co-editor of the Comparative Labor Law and Policy Journal (CLLPJ) and is a member of the editorial board of the European Labour Law Journal (ELLJ) as well as of the Revue de droit comparé du travail et de la sécurité sociale (RDCTSS). He is an associated member of the International Academy of Comparative Law (since 2013) and fellow of the European Law Institute (ELI) (since 2014); furthermore he has been member of the Jean-Monnet-Centre of Excellence at the University of Jena (2013-2016). He has been visiting Professor at the Universities of Bordeaux, Nantes, Paris 1 (Panthéon-Sorbonne), Luigi Bocconi/Milan and Leuven (Global Law Programme) and has taught as adjunct professor at the University of Luxembourg between 2011 and 2016; "Book Review," European Labour Law Journal, https://sci-hub.se/https://doi.org/10.1177/2031952521994412~~ Justin AND of the constituents therefore necessarily brings into question the functioning of the ILO. Independently frictions in International Law prevent cooperation over international issues.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin AND and became fully developed from the late 1990s, continuing to the present. Scenario one is SDG:Harmonizing international labor standards are key to Sustainable Development Goals – compliance is key.ILO 15 ~International Labor Organization; The International Labour Organization is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and oldest specialised agency of the UN; "The benefits of International Labour Standards," No date stated but most recent event cited is 2015, https://www.ilo.org/global/standards/introduction-to-international-labour-standards/the-benefits-of-international-labour-standards/lang—en/index.htm~ Justin AND of international law which can bring about greater integration of the international community. That’s key to head off a laundry list of interacting catastrophic risks, the combination of which causes extinction and amplifies every other threat.Tom Cernev and Richard Fenner 20, Australian National University; Centre for Sustainable Development, Cambridge University Engineering Department, "The importance of achieving foundational Sustainable Development Goals in reducing global risk," Futures, Vol. 115, January 2020, Elsevier. Recut Justin AND climate change provides the backdrop against which all these interactions will play out. 1AC – PlanPlan text: The United States of America ought to recognize an unconditional right of workers to strike.Courts are normal means and can enforce the right to strike as Customary International Law.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND specified that the right to strike is an integral part of FOA.270 1AC – FramingThe standard is maximizing expected wellbeing-hedonistic act util1~ 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 actionsMoen 16, Ole Martin (PhD, Research Fellow in Philosophy at University of Oslo). "An Argument for Hedonism." Journal of Value Inquiry 50.2 (2016): 267. AND notion of legal standing will outstrip the power relations that ground Pettit’s theory. 4~ Extinction outweighsMacAskill 14 ~William, Oxford Philosopher and youngest tenured philosopher in the world, Normative Uncertainty, 2014~ AND with the benefit of keeping one’s options open while one gains new information. 5~ No intent-foresight distinction for states.Enoch 07 Enoch, D ~The Faculty of Law, The Hebrew Unviersity, Mount Scopus Campus, Jersusalem~. (2007). INTENDING, FORESEEING, AND THE STATE. Legal Theory, 13(02). doi:10.1017/s1352325207070048 https://www.cambridge.org/core/journals/legal-theory/article/intending-foreseeing-and-the-state/76B18896B94D5490ED0512D8E8DC54B2 AND against the intending-foreseeing distinction when applied to state action than elsewhere. 6~ Only consequentialism explains degrees of wrongness—if I break a promise to meet up for lunch, that is not as bad as breaking a promise to take a dying person to the hospital. Only the consequences of breaking the promise explain why the second one is much worse than the first which is the most intuitive.Outweighs- A~ Parsimony- metaphysics relies on long chains of questionable claims that make conclusions less likely. B~ Hijacks- intuitions are inevitable since even every framework must take some unjustified assumption as a starting point.7~ Calc indicts fail: A~ Ethics- it would indict everything since they use events to understand how their ethics have worked B~ Reciprocity- they are NIBs that create a 2:1 skew where I have to answer them to access offense while they only have to win one C~ Internalism- asking why we value pain and pleasure is nonsensical cuz the answer is intrinsic since we just do, which means we still prefer hedonism despite shortcomings.Underview1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. It’s drop the debater since the 1ar is too short to win both theory and substance. No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. Competing interps since 2NR has enough time to flesh out a proper CI2~ Reasonability on 1NC theory with the brightline of link and impact turn ground – there are infinite bidirectional interps that I can never meet – the four minute 1AR doesn’t have enough time to line by line every argument, make offense, and go for substance.3~ Reject skep/permissibility – it’s an abhorrent view of the world that makes the debate space horrible which ow on accessibility – making args in favor of an alternate ethic solves. 3~ But if its good- Permissibility and presumption affirm.A~ Freeze- otherwise we would not be able to justify morally neutral actions since there isn’t a prohibition and we would have to prove an obligation.B~ Trivialism- statements are true until proven false, if I told you my name you’d believe me.C~ Negation Theory- Negating requires a complete absence of an existing obligationNegate: to deny the existence of D~ The Law of Excluded Middles- if something is not false, it must be true, which means that if something is not prohibited, it must be obligatory, and permissibility is the same as obligatory.4~ Use comparative worlds – A~ topic ed – forces the neg to research the topic instead of low quality rez flaw args – the only benefit to debate is making us better arguers not perfect logicians, B~ reciprocity – truth-testing allows the neg to disprove any part of the aff, but the aff has to defend every part, which gives the neg too much ground, C~ inclusion – truth testing says rez is only thing that’s relevant which excludes ks – either only the rez matters so we can’t punish slurs, or people should get dropped for making debate unsafe which proves other things matter | 11/20/21 |
ND- AC Courts v5Tournament: Blue Key | Round: Semis | Opponent: Lexington VM | Judge: Panel 1AC1AC – Adv – Customary International LawThe right to strike is Customary International Law, but the US fails to meet opinio juris standards. Perception of US insufficiency breeds uncertainty with confidence in international law and spirals into noncompliance – that causes a legitimacy crisis. No alt causes to legitimacy – FOA is central to the ILO and the biggest internal link.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND accept international standards and practices; and contemporary U.N. leadership. That prevents harmonization of norms and throws the functioning of international institutions into question – prefer empirics.Seifert 21 ~Achim; 2021; Full Professor of Private Law, German and European Labor Law and Comparative Law at the University of Jena (since 2011). He holds both German State Exams in Law and a PhD of the Johann-Wolfgang-Goethe-University of Frankfurt (1998). After his Habilitation ~Post-Doc~ in 2006 at the University of Frankfurt and several short-term Replacements at the Universities of Frankfurt and Trier (2006-2008), he became an Associate Professor of European and International Labor Law at the University of Luxembourg (2008). His main fields of interest are the Labor Law of the European Union and Comparative Labor Law, including the methodology of Comparative Law. Achim SEIFERT serves as co-editor of the Comparative Labor Law and Policy Journal (CLLPJ) and is a member of the editorial board of the European Labour Law Journal (ELLJ) as well as of the Revue de droit comparé du travail et de la sécurité sociale (RDCTSS). He is an associated member of the International Academy of Comparative Law (since 2013) and fellow of the European Law Institute (ELI) (since 2014); furthermore he has been member of the Jean-Monnet-Centre of Excellence at the University of Jena (2013-2016). He has been visiting Professor at the Universities of Bordeaux, Nantes, Paris 1 (Panthéon-Sorbonne), Luigi Bocconi/Milan and Leuven (Global Law Programme) and has taught as adjunct professor at the University of Luxembourg between 2011 and 2016; "Book Review," European Labour Law Journal, https://sci-hub.se/https://doi.org/10.1177/2031952521994412~~ Justin AND of the constituents therefore necessarily brings into question the functioning of the ILO. Independently frictions in International Law prevent cooperation over international issues.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin AND and became fully developed from the late 1990s, continuing to the present. Scenario one is SDG:Harmonizing international labor standards are key to Sustainable Development Goals – compliance is key.ILO 15 ~International Labor Organization; The International Labour Organization is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and oldest specialised agency of the UN; "The benefits of International Labour Standards," No date stated but most recent event cited is 2015, https://www.ilo.org/global/standards/introduction-to-international-labour-standards/the-benefits-of-international-labour-standards/lang—en/index.htm~ Justin AND of international law which can bring about greater integration of the international community. That’s key to head off a laundry list of interacting catastrophic risks, the combination of which causes extinction and amplifies every other threat.Tom Cernev and Richard Fenner 20, Australian National University; Centre for Sustainable Development, Cambridge University Engineering Department, "The importance of achieving foundational Sustainable Development Goals in reducing global risk," Futures, Vol. 115, January 2020, Elsevier. Recut Justin AND climate change provides the backdrop against which all these interactions will play out. 1AC – PlanPlan text: The United States of America ought to recognize an unconditional right of workers to strike.Courts are normal means and can enforce the right to strike as Customary International Law.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND specified that the right to strike is an integral part of FOA.270 Current laws are ambiguous and there is Cause of Action.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND the right to strike, at least until Congress has addressed the issue. 1AC – FramingThe standard is maximizing expected wellbeing- to clarify death is bad1~ Actor spec- governments act in their self interestJohnson and Thayer 16 – Dominic D. P. Johnson, D.Phil., Ph.D.* and Bradley A. Thayer, Ph.D., "The evolution of offensive realism Survival under anarchy from the Pleistocene to the present," https://www.cambridge.org/core/services/aop-cambridge-core/content/view/56B778004187F70B8E59609BE7FEE7A4/S073093841600006Xa.pdf/div-class-title-the-evolution-of-offensive-realism-div.pdf AND in which human brains and behaviors evolved. But what was that context? 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 life====3~ Extinction first ==== AND be acting very wrongly." (From chapter 36 of On What Matters) UV1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check backIt’s drop the debater since the 1ar is too short to win both theory and substance.No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin.Competing interps since reasonability is arbitrary and bites judge intervention.3~ Reject skep/permissibility – it’s an abhorrent view of the world that makes the debate space horrible which ow on accessibility – making args in favor of an alternate ethic solves. 2~ But if its good- Permissibility and presumption affirm.A~ Freeze- otherwise we would not be able to justify morally neutral actions since there isn’t a prohibition and we would have to prove an obligation.B~ Trivialism- statements are true until proven false, if I told you my name you’d believe me.C~ Negation Theory- Negating requires a complete absence of an existing obligationNegate: to deny the existence of D~ The Law of Excluded Middles- if something is not false, it must be true, which means that if something is not prohibited, it must be obligatory, and permissibility is the same as obligatory.2~ Apocalyptic images challenge dominant power structures to create futures of social justiceJessica Hurley 17, Assistant Professor in the Humanities at the University of Chicago, "Impossible Futures: Fictions of Risk in the Longue Durée", Duke University Press, https://read.dukeupress.edu/american-literature/article/89/4/761/132823/Impossible-Futures-Fictions-of-Risk-in-the-Longue AND of the world. Just wait long enough. Stranger things will happen.¶ 3~ Policy education is key to advocacy – that outweighs on portable skills.Nixon 2K Makani Themba-Nixon, Executive Director of The Praxis Project. "Changing the Rules: What Public Policy Means for Organizing." Colorlines 3.2, 2000. AND should be. And then we must be committed to making it so. 4~ Youth participatory action research enables transformative resistance and is crucial to make activism workCammarota and Fine 08 AND means by which young people engage transformational resistance. (1-4) 1AC1AC – Adv – Customary International LawThe right to strike is Customary International Law, but the US fails to meet opinio juris standards. Perception of US insufficiency breeds uncertainty with confidence in international law and spirals into noncompliance – that causes a legitimacy crisis. No alt causes to legitimacy – FOA is central to the ILO and the biggest internal link.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND accept international standards and practices; and contemporary U.N. leadership. That prevents harmonization of norms and throws the functioning of international institutions into question – prefer empirics.Seifert 21 ~Achim; 2021; Full Professor of Private Law, German and European Labor Law and Comparative Law at the University of Jena (since 2011). He holds both German State Exams in Law and a PhD of the Johann-Wolfgang-Goethe-University of Frankfurt (1998). After his Habilitation ~Post-Doc~ in 2006 at the University of Frankfurt and several short-term Replacements at the Universities of Frankfurt and Trier (2006-2008), he became an Associate Professor of European and International Labor Law at the University of Luxembourg (2008). His main fields of interest are the Labor Law of the European Union and Comparative Labor Law, including the methodology of Comparative Law. Achim SEIFERT serves as co-editor of the Comparative Labor Law and Policy Journal (CLLPJ) and is a member of the editorial board of the European Labour Law Journal (ELLJ) as well as of the Revue de droit comparé du travail et de la sécurité sociale (RDCTSS). He is an associated member of the International Academy of Comparative Law (since 2013) and fellow of the European Law Institute (ELI) (since 2014); furthermore he has been member of the Jean-Monnet-Centre of Excellence at the University of Jena (2013-2016). He has been visiting Professor at the Universities of Bordeaux, Nantes, Paris 1 (Panthéon-Sorbonne), Luigi Bocconi/Milan and Leuven (Global Law Programme) and has taught as adjunct professor at the University of Luxembourg between 2011 and 2016; "Book Review," European Labour Law Journal, https://sci-hub.se/https://doi.org/10.1177/2031952521994412~~ Justin AND of the constituents therefore necessarily brings into question the functioning of the ILO. Independently frictions in International Law prevent cooperation over international issues.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin AND and became fully developed from the late 1990s, continuing to the present. Scenario one is SDG:Harmonizing international labor standards are key to Sustainable Development Goals – compliance is key.ILO 15 ~International Labor Organization; The International Labour Organization is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and oldest specialised agency of the UN; "The benefits of International Labour Standards," No date stated but most recent event cited is 2015, https://www.ilo.org/global/standards/introduction-to-international-labour-standards/the-benefits-of-international-labour-standards/lang—en/index.htm~ Justin AND of international law which can bring about greater integration of the international community. That’s key to head off a laundry list of interacting catastrophic risks, the combination of which causes extinction and amplifies every other threat.Tom Cernev and Richard Fenner 20, Australian National University; Centre for Sustainable Development, Cambridge University Engineering Department, "The importance of achieving foundational Sustainable Development Goals in reducing global risk," Futures, Vol. 115, January 2020, Elsevier. Recut Justin AND climate change provides the backdrop against which all these interactions will play out. 1AC – PlanPlan text: The United States of America ought to recognize an unconditional right of workers to strike.Courts are normal means and can enforce the right to strike as Customary International Law.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND specified that the right to strike is an integral part of FOA.270 Current laws are ambiguous and there is Cause of Action.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND the right to strike, at least until Congress has addressed the issue. 1AC – FramingThe standard is maximizing expected wellbeing- to clarify death is bad1~ Actor spec- governments act in their self interestJohnson and Thayer 16 – Dominic D. P. Johnson, D.Phil., Ph.D.* and Bradley A. Thayer, Ph.D., "The evolution of offensive realism Survival under anarchy from the Pleistocene to the present," https://www.cambridge.org/core/services/aop-cambridge-core/content/view/56B778004187F70B8E59609BE7FEE7A4/S073093841600006Xa.pdf/div-class-title-the-evolution-of-offensive-realism-div.pdf AND in which human brains and behaviors evolved. But what was that context? 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 life====3~ Extinction first ==== AND be acting very wrongly." (From chapter 36 of On What Matters) UV1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check backIt’s drop the debater since the 1ar is too short to win both theory and substance.No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin.Competing interps since reasonability is arbitrary and bites judge intervention.3~ Reject skep/permissibility – it’s an abhorrent view of the world that makes the debate space horrible which ow on accessibility – making args in favor of an alternate ethic solves. 2~ But if its good- Permissibility and presumption affirm.A~ Freeze- otherwise we would not be able to justify morally neutral actions since there isn’t a prohibition and we would have to prove an obligation.B~ Trivialism- statements are true until proven false, if I told you my name you’d believe me.C~ Negation Theory- Negating requires a complete absence of an existing obligationNegate: to deny the existence of D~ The Law of Excluded Middles- if something is not false, it must be true, which means that if something is not prohibited, it must be obligatory, and permissibility is the same as obligatory.2~ Apocalyptic images challenge dominant power structures to create futures of social justiceJessica Hurley 17, Assistant Professor in the Humanities at the University of Chicago, "Impossible Futures: Fictions of Risk in the Longue Durée", Duke University Press, https://read.dukeupress.edu/american-literature/article/89/4/761/132823/Impossible-Futures-Fictions-of-Risk-in-the-Longue AND of the world. Just wait long enough. Stranger things will happen.¶ 3~ Policy education is key to advocacy – that outweighs on portable skills.Nixon 2K Makani Themba-Nixon, Executive Director of The Praxis Project. "Changing the Rules: What Public Policy Means for Organizing." Colorlines 3.2, 2000. AND should be. And then we must be committed to making it so. 4~ Youth participatory action research enables transformative resistance and is crucial to make activism workCammarota and Fine 08 AND means by which young people engage transformational resistance. (1-4) | 11/20/21 |
ND- AC Courts v6Tournament: Glenbrooks | Round: 2 | Opponent: Loyola AP | Judge: Cook, River 1AC v11AC – Adv – Customary International LawThe right to strike is Customary International Law, but the US fails to meet opinio juris standards. Perception of US insufficiency breeds uncertainty with confidence in international law and spirals into noncompliance – that causes a legitimacy crisis. No alt causes to legitimacy – FOA is central to the ILO and the biggest internal link.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND accept international standards and practices; and contemporary U.N. leadership. That prevents harmonization of norms and throws the functioning of international institutions into question – prefer empirics.Seifert 21 ~Achim; 2021; Full Professor of Private Law, German and European Labor Law and Comparative Law at the University of Jena (since 2011). He holds both German State Exams in Law and a PhD of the Johann-Wolfgang-Goethe-University of Frankfurt (1998). After his Habilitation ~Post-Doc~ in 2006 at the University of Frankfurt and several short-term Replacements at the Universities of Frankfurt and Trier (2006-2008), he became an Associate Professor of European and International Labor Law at the University of Luxembourg (2008). His main fields of interest are the Labor Law of the European Union and Comparative Labor Law, including the methodology of Comparative Law. Achim SEIFERT serves as co-editor of the Comparative Labor Law and Policy Journal (CLLPJ) and is a member of the editorial board of the European Labour Law Journal (ELLJ) as well as of the Revue de droit comparé du travail et de la sécurité sociale (RDCTSS). He is an associated member of the International Academy of Comparative Law (since 2013) and fellow of the European Law Institute (ELI) (since 2014); furthermore he has been member of the Jean-Monnet-Centre of Excellence at the University of Jena (2013-2016). He has been visiting Professor at the Universities of Bordeaux, Nantes, Paris 1 (Panthéon-Sorbonne), Luigi Bocconi/Milan and Leuven (Global Law Programme) and has taught as adjunct professor at the University of Luxembourg between 2011 and 2016; "Book Review," European Labour Law Journal, https://sci-hub.se/https://doi.org/10.1177/2031952521994412~~ Justin AND of the constituents therefore necessarily brings into question the functioning of the ILO. Independently frictions in International Law prevent cooperation over international issues.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin AND and became fully developed from the late 1990s, continuing to the present. Scenario one is SDG:Harmonizing international labor standards are key to Sustainable Development Goals – compliance is key.ILO 15 ~International Labor Organization; The International Labour Organization is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and oldest specialised agency of the UN; "The benefits of International Labour Standards," No date stated but most recent event cited is 2015, https://www.ilo.org/global/standards/introduction-to-international-labour-standards/the-benefits-of-international-labour-standards/lang—en/index.htm~ Justin AND of international law which can bring about greater integration of the international community. That’s key to head off a laundry list of interacting catastrophic risks, the combination of which causes extinction and amplifies every other threat.Tom Cernev and Richard Fenner 20, Australian National University; Centre for Sustainable Development, Cambridge University Engineering Department, "The importance of achieving foundational Sustainable Development Goals in reducing global risk," Futures, Vol. 115, January 2020, Elsevier. Recut Justin AND climate change provides the backdrop against which all these interactions will play out. Weak states are existential. Err AFF to account for non-linearity and unpredictable cascades.Hanna Samir Kassab 17. Visiting Assistant Professor of Political Science at Northern Michigan University, Prioritization Theory and Defensive Foreign Policy. Springer International Publishing, 2017. CrossRef, doi:10.1007/978-3-319-48018-3. Re-Cut Justin AND their theories (Kassab and Wu 2014) must take these matters seriously. Scenario two is climate change:Opinio juris compliance with Customary International Law key to legitimacy – that determines our ability to solve environmental crises.Meissner 15 ~Lisa; Vol: 5/1/2015; Associate Attorney with Hobbs Straus Dean and Walker, LLP, an Indian law firm located in Washington, DC. My primary practice areas are education, healthcare, natural resources/environmental law, and lands issues. I am licensed to practice in Washington State and Washington, DC. I am also a proud member of the Fighting Irish and the Golden Eagles - holding my Juris Doctor from the University of Notre Dame and my Bachelor's degrees from Marque0074te University; "Saving the Paper Tiger: Biodiversity as an Irreplaceable Element of Our Common Cultural Heritage," Notre Dame Journal of International and Comparative Law, Volume 5, Issue 1, https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1034andcontext=ndjicl~~ Justin AND more attainable if coupled with regional commitments that facilitate cooperation and accountability.71 Extinction – contrary models are incorrect.Specktor 19 ~Brandon; 6/4/19; Writes about the science of everyday life for Live Science, and previously for Reader's Digest magazine, where he served as an editor for five years; "Human Civilization Will Crumble by 2050 If We Don't Stop Climate Change Now, New Paper Claims," livescience, https://www.livescience.com/65633-climate-change-dooms-humans-by-2050.html~~ Justin AND "the end of human global civilization as we know it." 1AC – PlanPlan text: The United States of America ought to recognize an unconditional right of workers to strike.Courts are normal means and can enforce the right to strike as Customary International Law.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND specified that the right to strike is an integral part of FOA.270 Current laws are ambiguous and there is Cause of Action.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND the right to strike, at least until Congress has addressed the issue. Unconditional means preventing from adding additional exceptions to international law.Chow and Schoenbaum 17 ~Daniel Chow and Thomas Schoenbaum; 2017; Professor Chow served as a law clerk to the Honorable Constance Baker Motley, chief judge for the Southern District of New York, following graduation from law school, and then became an associate with Debevoise and Plimpton in New York. He came to Ohio State in 1985 and teaches International Law, International Transactions, Jurisprudence, Asian Law, and Property. He is a member of Phi Beta Kappa, Thomas J. Schoenbaum is presently the Harold S. Shefelman Professor of Law at the University of Washington in Seattle. He received his Juris Doctor degree from the University of Michigan and his PhD degree from Gonville and Caius College, University of Cambridge (UK). He is also Research Professor of Law at George Washington University in Washington DC. He is a practicing lawyer, admitted in several U.S. states and before the Bar of the Supreme Court of the United States. He has been a professor at the University of North Carolina at Chapel Hill and was Associate Dean at Tulane University in New Orleans, "International Trade Law: Problems, Cases, and Materials," Aspen Casebook Study~ Justin
AND Law, Practice and Policy 167-177 (3d ed. 2015). Reject "strikes bad" offense – the aff increases agreements, while decreasing strikes.CHRIS WHITE 08, Chris White has a Law/Arts degree from the University of Adelaide in South Australia. He was Industrial Officer for the Australian Workers Union and the Liquor Hospitality and Miscellaneous Workers Union. He was for 17 years an elected official of the United Trades and Labor Council of South Australia, the last period as Secretary. He now lives in Canberra, capital of Australia, researches labour law, does part-time work for unions and sessional tutoring in Politics at the Australian National University. See posts on the right to strike on his blog, http://chriswhiteonline.org June 2009, ("FIREWALLING THE RIGHT TO STRIKE IN AUSTRALIA?," 10 November, 2008, PDF) Justin AND for unionists is: are we slaves or are we to be free? 1AC – FramingThe standard is maximizing expected wellbeing-hedonistic act util1~ 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 lifeUV1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. It’s drop the debater since the 1ar is too short to win both theory and substance. No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. Competing interps since reasonability is arbitrary and bites judge intervention. | 11/20/21 |
ND- AC Courts v7Tournament: Glenbrooks | Round: Quarters | Opponent: Lexington VM | Judge: Panel 1AC – Adv – Customary International LawThe right to strike is Customary International Law, but the US fails to meet opinio juris standards. Perception of US insufficiency breeds uncertainty with confidence in international law and spirals into noncompliance – that causes a legitimacy crisis. No alt causes to legitimacy – FOA is central to the ILO and the biggest internal link.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND accept international standards and practices; and contemporary U.N. leadership. Independently frictions in International Law prevent cooperation over international issues.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin AND and became fully developed from the late 1990s, continuing to the present. Scenario one is SDG:Harmonizing international labor standards are key to Sustainable Development Goals – compliance is key.ILO 15 ~International Labor Organization; The International Labour Organization is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and oldest specialised agency of the UN; "The benefits of International Labour Standards," No date stated but most recent event cited is 2015, https://www.ilo.org/global/standards/introduction-to-international-labour-standards/the-benefits-of-international-labour-standards/lang—en/index.htm~ Justin AND of international law which can bring about greater integration of the international community. That’s key to head off a laundry list of interacting catastrophic risks, the combination of which causes extinction and amplifies every other threat.Tom Cernev and Richard Fenner 20, Australian National University; Centre for Sustainable Development, Cambridge University Engineering Department, "The importance of achieving foundational Sustainable Development Goals in reducing global risk," Futures, Vol. 115, January 2020, Elsevier. Recut Justin AND climate change provides the backdrop against which all these interactions will play out. 1AC – PlanPlan text: The United States of America ought to recognize an unconditional right of workers to strike.Courts are normal means and can enforce the right to strike as Customary International Law.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original In order for the international right to strike to receive protection in a U.S. domestic law setting, this CIL right must be cognizable in federal court. Workers asserting such a right would be seeking direct application of CIL, stemming from legal principles set forth in The Paquete Habana233 and subsequent cases. The Paquete Habana involved U.S. seizure of two Spanish fishing vessels during the Spanish American War. The Court relied on customary international law to hold that the vessels and their cargoes were exempt from capture as prizes of war.234 Justice Gray’s oft-quoted language, recognizing that CIL is part of the law of the United States, is as follows: International law is part of our law and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination. For this purpose, where there is no treaty and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of civilized nations . . . . 235 In a number of decisions beginning in the 1960s, the Court has applied CIL rules when determining the legal status of submerged offshore areas, helping guide its application of federal statutes and treaties implicating the law of the seas. 236 The Court has also invoked CIL in determining when an instrumentality of a sovereign state becomes the "alter ego" of that state, a question not controlled by the relevant foreign sovereign immunity statute.237 Relatedly, the Court in Banco Nacional de Cuba v. Sabbatino238 relied on a judge-made principle of U.S. foreign relations law—the Act of State doctrine—to decline to examine the validity of the taking of property by a foreign sovereign government within its own territory.239 Turning to lower federal courts, the courts of appeals have regularly applied the Vienna Convention on the Law of Treaties "as an articulation of the customary international law of treaty interpretation, even though the United States is not a party to the treaty itself."240 And at least one district court has recognized FOA and the right to organize as CIL when denying a motion to dismiss.241 Finally, the executive branch also has applied CIL in certain circumstances. Although the U.S. voted against adoption of the 1982 UN Convention on the Law of the Seas, the U.S. government accepts its key provisions regarding the maximum breadth of territorial sea and the extent of exclusive economic zones as CIL.242 In short, U.S. courts and executive branch officials have directly applied CIL and been guided by its teachings in a range of doctrinal settings. 243 As noted earlier, CIL on human rights has been deemed applicable in U.S. courts for suitably defined misconduct occurring in other countries. 244 These doctrinal precedents do not involve direct application of CIL in a domestic law setting akin to the labor and human rights claims being proposed here. That said, lower courts have invoked CIL when applying federal rules of decision in a range of domestic law contexts. Indeed, the use of CIL when applying and construing various federal statutes has increased markedly in recent decades.245 Examples include its use when applying an armed conflict statute to establish limits on detention of a U.S. citizen within the U.S.;246 when construing the same statute to help establish requirements for release and repatriation of a foreign national held on U.S. soil;247 and when limiting the scope of an immigration statute’s authorization of detention.248 In addition, CIL has been applied to help courts apply the choice between indefinite detention and exclusion under a different immigration statute,249 and to assist judicial construction of a statute regulating recovery of sunken warships in U.S. waters. 250 It is not obvious why CIL should be deemed inapplicable when construing federal statutes that implicate appropriately qualified labor/human rights misconduct occurring within our borders.251 Moreover, as previously noted, a number of other countries have accepted the right to strike as a principle of international law when applying their own domestic law despite their conscious decision not to ratify Convention 87.252 Once one accepts that recognized CIL has substantive traction in a domestic law setting, the focus should be on whether this CIL can be situated in relation to certain procedural or jurisdictional limitations that characterize the U.S. judicial context. Accordingly, application of CIL to sustain claims based on FOA and the right to strike requires consideration of how this CIL relates to other aspects of U.S. law. B. CIL as Federal Common Law A threshold question is whether U.S. courts should determine matters of CIL as federal common law or as state law in light of the Erie doctrine.253 The question has been extensively debated by able international law scholars,254 and I will not attempt to add new value in this setting. I am persuaded that CIL should be understood and litigated as federal common law, for reasons presented at length in a range of sources. 255 Indeed, as one international law scholar has recently and thoroughly explained, "~t~he law of nations was the original federal common law."256 The basic contours of this position were set forth by the Supreme Court in Sabbatino, when it held that the Act of State doctrine is federal law, binding on the states and not within the scope of Erie. 257 In the words of Justice Harlan for an eight-member majority, "an issue concerned with a basic choice regarding the competence and function of the Judiciary and National Executive in ordering our relationships with other members of the international community must be treated exclusively as an aspect of federal law."258 Subsequently, leading commentators have joined the Court in concluding that Erie was never meant to apply to CIL;259 that federal courts’ incorporation of the CIL of labor and human rights follows post-Erie precedent recognizing and helping to create a federal common law for labor relations and for other uniquely federal interests;260 that CIL may reflect developments in the international arena of labor and human rights in addition to filling gaps with respect to jurisdictional statutes such as the ATS and the Torture Victim Prevention Act (TVPA); 261 and that CIL remains subject to the democratic checks of supervision, endorsement, or revision by the federal political branches.262 Relying on the weight of these arguments in Boyle v. United Technologies Corp., Justice Scalia for the Court recognized that a few areas involving "uniquely federal interests" are committed to federal control, including the development of federal common law, and he cited Court precedent on CIL as one such area.263 C. The Presence or Absence of Controlling Law As indicated in The Paquete Habana excerpt above, an important additional consideration is whether there is a treaty or any "controlling executive or legislative act or judicial decision" that would preclude federal courts from recognizing a right to strike as CIL. Lower court decisions invoking the "controlling law" principle from Paquete Habana have applied a fairly rigorous standard, relying on a comprehensive scheme of statutes and regulations addressing the precise issue,264 or on a treaty ratified by the U.S. directed to the same problem.265 These lower courts also have invoked Supreme Court statements that focus on the central role of legislative expression when concluding that certain controlling congressional acts were taken with a purpose to preclude the application of CIL to a particular situation.266 Under this standard, controlling U.S. domestic law does not preclude federal courts’ authority to recognize a right to strike as CIL; on the contrary, it arguably supports such authority. As an ILO member, the U.S. is a party to the 1944 Declaration of Philadelphia, the 1998 Declaration on Fundamental Principles and Rights at Work, and the 2008 Declaration on Social Justice for a Fair Globalization.267 Each of these core ILO commitments specifies the fundamental importance of FOA. Congress in two separate trade statutes has incorporated FOA as an "internationally recognized worker right."268 In addition, the U.S. has ratified the ICCPR, which has incorporated the right to strike as part of FOA, and has signed the ICESCR, which expressly recognizes that right within its text. 269 And both the Administration’s 2015 statement at ILO Governing Body proceedings and its most recent trade agreement, drafted and executed by the Trump Administration, have specified that the right to strike is an integral part of FOA.270 | 11/22/21 |
ND- AC Courts v8Tournament: Longhorn Classic | Round: 1 | Opponent: Round Rock IM | Judge: Quisenberry, Jack 1AC v11AC – Adv – Customary International LawThe right to strike is Customary International Law, but the US fails to meet opinio juris standards. Perception of US insufficiency breeds uncertainty with confidence in international law and spirals into noncompliance – that causes a legitimacy crisis. No alt causes to legitimacy – FOA is central to the ILO and the biggest internal link.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND accept international standards and practices; and contemporary U.N. leadership. That prevents harmonization of norms and throws the functioning of international institutions into question – prefer empirics.Seifert 21 ~Achim; 2021; Full Professor of Private Law, German and European Labor Law and Comparative Law at the University of Jena (since 2011). He holds both German State Exams in Law and a PhD of the Johann-Wolfgang-Goethe-University of Frankfurt (1998). After his Habilitation ~Post-Doc~ in 2006 at the University of Frankfurt and several short-term Replacements at the Universities of Frankfurt and Trier (2006-2008), he became an Associate Professor of European and International Labor Law at the University of Luxembourg (2008). His main fields of interest are the Labor Law of the European Union and Comparative Labor Law, including the methodology of Comparative Law. Achim SEIFERT serves as co-editor of the Comparative Labor Law and Policy Journal (CLLPJ) and is a member of the editorial board of the European Labour Law Journal (ELLJ) as well as of the Revue de droit comparé du travail et de la sécurité sociale (RDCTSS). He is an associated member of the International Academy of Comparative Law (since 2013) and fellow of the European Law Institute (ELI) (since 2014); furthermore he has been member of the Jean-Monnet-Centre of Excellence at the University of Jena (2013-2016). He has been visiting Professor at the Universities of Bordeaux, Nantes, Paris 1 (Panthéon-Sorbonne), Luigi Bocconi/Milan and Leuven (Global Law Programme) and has taught as adjunct professor at the University of Luxembourg between 2011 and 2016; "Book Review," European Labour Law Journal, https://sci-hub.se/https://doi.org/10.1177/2031952521994412~~ Justin AND of the constituents therefore necessarily brings into question the functioning of the ILO. Independently frictions in International Law prevent cooperation over international issues.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin AND and became fully developed from the late 1990s, continuing to the present. Scenario one is SDG:Harmonizing international labor standards are key to Sustainable Development Goals – compliance is key.ILO 15 ~International Labor Organization; The International Labour Organization is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and oldest specialised agency of the UN; "The benefits of International Labour Standards," No date stated but most recent event cited is 2015, https://www.ilo.org/global/standards/introduction-to-international-labour-standards/the-benefits-of-international-labour-standards/lang—en/index.htm~ Justin AND of international law which can bring about greater integration of the international community. That’s key to head off a laundry list of interacting catastrophic risks, the combination of which causes extinction and amplifies every other threat.Tom Cernev and Richard Fenner 20, Australian National University; Centre for Sustainable Development, Cambridge University Engineering Department, "The importance of achieving foundational Sustainable Development Goals in reducing global risk," Futures, Vol. 115, January 2020, Elsevier. Recut Justin AND climate change provides the backdrop against which all these interactions will play out. Weak states are existential. Err AFF to account for non-linearity and unpredictable cascades.Hanna Samir Kassab 17. Visiting Assistant Professor of Political Science at Northern Michigan University, Prioritization Theory and Defensive Foreign Policy. Springer International Publishing, 2017. CrossRef, doi:10.1007/978-3-319-48018-3. Re-Cut Justin AND their theories (Kassab and Wu 2014) must take these matters seriously. 1AC – PlanPlan text: The United States of America ought to recognize an unconditional right of workers to strike.Courts are normal means and can enforce the right to strike as Customary International Law.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND specified that the right to strike is an integral part of FOA.270 Unconditional means preventing from adding additional exceptions to international law.Chow and Schoenbaum 17 ~Daniel Chow and Thomas Schoenbaum; 2017; Professor Chow served as a law clerk to the Honorable Constance Baker Motley, chief judge for the Southern District of New York, following graduation from law school, and then became an associate with Debevoise and Plimpton in New York. He came to Ohio State in 1985 and teaches International Law, International Transactions, Jurisprudence, Asian Law, and Property. He is a member of Phi Beta Kappa, Thomas J. Schoenbaum is presently the Harold S. Shefelman Professor of Law at the University of Washington in Seattle. He received his Juris Doctor degree from the University of Michigan and his PhD degree from Gonville and Caius College, University of Cambridge (UK). He is also Research Professor of Law at George Washington University in Washington DC. He is a practicing lawyer, admitted in several U.S. states and before the Bar of the Supreme Court of the United States. He has been a professor at the University of North Carolina at Chapel Hill and was Associate Dean at Tulane University in New Orleans, "International Trade Law: Problems, Cases, and Materials," Aspen Casebook Study~ Justin
AND Law, Practice and Policy 167-177 (3d ed. 2015). Reject "strikes bad" offense – the aff increases agreements, while decreasing strikes.CHRIS WHITE 08, Chris White has a Law/Arts degree from the University of Adelaide in South Australia. He was Industrial Officer for the Australian Workers Union and the Liquor Hospitality and Miscellaneous Workers Union. He was for 17 years an elected official of the United Trades and Labor Council of South Australia, the last period as Secretary. He now lives in Canberra, capital of Australia, researches labour law, does part-time work for unions and sessional tutoring in Politics at the Australian National University. See posts on the right to strike on his blog, http://chriswhiteonline.org June 2009, ("FIREWALLING THE RIGHT TO STRIKE IN AUSTRALIA?," 10 November, 2008, PDF) Justin AND for unionists is: are we slaves or are we to be free? Current laws are ambiguous and there is Cause of Action.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND the right to strike, at least until Congress has addressed the issue. 1AC – FramingThe standard is maximizing expected wellbeing-hedonistic act util1~ 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 life | 12/3/21 |
ND- AC Courts v8Tournament: Longhorn Classic | Round: 5 | Opponent: Carnegie Vanguard LH | Judge: McLoughlin, Samantha 1AC1AC – Adv – Customary International LawThe right to strike is Customary International Law, but the US fails to meet opinio juris standards. Perception of US insufficiency breeds uncertainty with confidence in international law and spirals into noncompliance – that causes a legitimacy crisis. No alt causes to legitimacy – FOA is central to the ILO and the biggest internal link.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND accept international standards and practices; and contemporary U.N. leadership. That prevents harmonization of norms and throws the functioning of international institutions into question – prefer empirics.Seifert 21 ~Achim; 2021; Full Professor of Private Law, German and European Labor Law and Comparative Law at the University of Jena (since 2011). He holds both German State Exams in Law and a PhD of the Johann-Wolfgang-Goethe-University of Frankfurt (1998). After his Habilitation ~Post-Doc~ in 2006 at the University of Frankfurt and several short-term Replacements at the Universities of Frankfurt and Trier (2006-2008), he became an Associate Professor of European and International Labor Law at the University of Luxembourg (2008). His main fields of interest are the Labor Law of the European Union and Comparative Labor Law, including the methodology of Comparative Law. Achim SEIFERT serves as co-editor of the Comparative Labor Law and Policy Journal (CLLPJ) and is a member of the editorial board of the European Labour Law Journal (ELLJ) as well as of the Revue de droit comparé du travail et de la sécurité sociale (RDCTSS). He is an associated member of the International Academy of Comparative Law (since 2013) and fellow of the European Law Institute (ELI) (since 2014); furthermore he has been member of the Jean-Monnet-Centre of Excellence at the University of Jena (2013-2016). He has been visiting Professor at the Universities of Bordeaux, Nantes, Paris 1 (Panthéon-Sorbonne), Luigi Bocconi/Milan and Leuven (Global Law Programme) and has taught as adjunct professor at the University of Luxembourg between 2011 and 2016; "Book Review," European Labour Law Journal, https://sci-hub.se/https://doi.org/10.1177/2031952521994412~~ Justin AND of the constituents therefore necessarily brings into question the functioning of the ILO. Independently frictions in International Law prevent cooperation over international issues.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin AND and became fully developed from the late 1990s, continuing to the present. Scenario one is SDG:Harmonizing international labor standards are key to Sustainable Development Goals – compliance is key.ILO 15 ~International Labor Organization; The International Labour Organization is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and oldest specialised agency of the UN; "The benefits of International Labour Standards," No date stated but most recent event cited is 2015, https://www.ilo.org/global/standards/introduction-to-international-labour-standards/the-benefits-of-international-labour-standards/lang—en/index.htm~ Justin AND of international law which can bring about greater integration of the international community. That’s key to head off a laundry list of interacting catastrophic risks, the combination of which causes extinction and amplifies every other threat.Tom Cernev and Richard Fenner 20, Australian National University; Centre for Sustainable Development, Cambridge University Engineering Department, "The importance of achieving foundational Sustainable Development Goals in reducing global risk," Futures, Vol. 115, January 2020, Elsevier. Recut Justin AND climate change provides the backdrop against which all these interactions will play out. Weak states are existential. Err AFF to account for non-linearity and unpredictable cascades.Hanna Samir Kassab 17. Visiting Assistant Professor of Political Science at Northern Michigan University, Prioritization Theory and Defensive Foreign Policy. Springer International Publishing, 2017. CrossRef, doi:10.1007/978-3-319-48018-3. Re-Cut Justin AND their theories (Kassab and Wu 2014) must take these matters seriously. Scenario two is climate change:Opinio juris compliance with Customary International Law key to legitimacy – that determines our ability to solve environmental crises.Meissner 15 ~Lisa; Vol: 5/1/2015; Associate Attorney with Hobbs Straus Dean and Walker, LLP, an Indian law firm located in Washington, DC. My primary practice areas are education, healthcare, natural resources/environmental law, and lands issues. I am licensed to practice in Washington State and Washington, DC. I am also a proud member of the Fighting Irish and the Golden Eagles - holding my Juris Doctor from the University of Notre Dame and my Bachelor's degrees from Marque0074te University; "Saving the Paper Tiger: Biodiversity as an Irreplaceable Element of Our Common Cultural Heritage," Notre Dame Journal of International and Comparative Law, Volume 5, Issue 1, https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1034andcontext=ndjicl~~ Justin AND more attainable if coupled with regional commitments that facilitate cooperation and accountability.71 Extinction – contrary models are incorrect.Specktor 19 ~Brandon; 6/4/19; Writes about the science of everyday life for Live Science, and previously for Reader's Digest magazine, where he served as an editor for five years; "Human Civilization Will Crumble by 2050 If We Don't Stop Climate Change Now, New Paper Claims," livescience, https://www.livescience.com/65633-climate-change-dooms-humans-by-2050.html~~ Justin AND "the end of human global civilization as we know it." 1AC – PlanPlan text: The United States of America ought to recognize an unconditional right of workers to strike.Courts are normal means and can enforce the right to strike as Customary International Law.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND specified that the right to strike is an integral part of FOA.270 Current laws are ambiguous and there is Cause of Action.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND the right to strike, at least until Congress has addressed the issue. Unconditional means preventing from adding additional exceptions to international law.Chow and Schoenbaum 17 ~Daniel Chow and Thomas Schoenbaum; 2017; Professor Chow served as a law clerk to the Honorable Constance Baker Motley, chief judge for the Southern District of New York, following graduation from law school, and then became an associate with Debevoise and Plimpton in New York. He came to Ohio State in 1985 and teaches International Law, International Transactions, Jurisprudence, Asian Law, and Property. He is a member of Phi Beta Kappa, Thomas J. Schoenbaum is presently the Harold S. Shefelman Professor of Law at the University of Washington in Seattle. He received his Juris Doctor degree from the University of Michigan and his PhD degree from Gonville and Caius College, University of Cambridge (UK). He is also Research Professor of Law at George Washington University in Washington DC. He is a practicing lawyer, admitted in several U.S. states and before the Bar of the Supreme Court of the United States. He has been a professor at the University of North Carolina at Chapel Hill and was Associate Dean at Tulane University in New Orleans, "International Trade Law: Problems, Cases, and Materials," Aspen Casebook Study~ Justin
AND Law, Practice and Policy 167-177 (3d ed. 2015). Reject "strikes bad" offense – the aff increases agreements, while decreasing strikes.CHRIS WHITE 08, Chris White has a Law/Arts degree from the University of Adelaide in South Australia. He was Industrial Officer for the Australian Workers Union and the Liquor Hospitality and Miscellaneous Workers Union. He was for 17 years an elected official of the United Trades and Labor Council of South Australia, the last period as Secretary. He now lives in Canberra, capital of Australia, researches labour law, does part-time work for unions and sessional tutoring in Politics at the Australian National University. See posts on the right to strike on his blog, http://chriswhiteonline.org June 2009, ("FIREWALLING THE RIGHT TO STRIKE IN AUSTRALIA?," 10 November, 2008, PDF) Justin AND for unionists is: are we slaves or are we to be free? 1AC – FramingThe standard is maximizing expected wellbeing-hedonistic act util1~ 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 actionsMoen 16, Ole Martin (PhD, Research Fellow in Philosophy at University of Oslo). "An Argument for Hedonism." Journal of Value Inquiry 50.2 (2016): 267. AND notion of legal standing will outstrip the power relations that ground Pettit’s theory. 4~ Extinction outweighsMacAskill 14 ~William, Oxford Philosopher and youngest tenured philosopher in the world, Normative Uncertainty, 2014~ AND with the benefit of keeping one’s options open while one gains new information. Underview1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. It’s drop the debater since the 1ar is too short to win both theory and substance. No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. Competing interps since 2NR has enough time to flesh out a proper CI | 12/4/21 |
ND- AC Pettit v1Tournament: Blue Key | Round: 1 | Opponent: Sharon RG | Judge: Chang, Curtis 1AC – Normal1AC – FWAny moral valuation presupposes the unconditional worth of humanity because when agents pursue any end, all value placed upon an object is contingent upon the agent for example a pencil is only valuable to me so long as it can write my paper. Agents have unconditional value because they possess the ability to confer value that stems from their reason. That outweighs.All other frameworks collapse—other theories source obligations in extrinsically good objects, but that presupposes the goodness of the rational will.That justifies universalizable ends – A) a priori principles like reason apply to everyone since they are independent of human experience and B) any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others.There are two models of universal freedom—the non-interference model and the non-domination model. The non-interference holds that someone’s freedom is violated if they are actually interfered with, whereas the non-domination model holds that someone’s freedom is violated if someone has the capacity to arbitrarily interfere. For example, a slave with a benevolent master would be free under non-interference b/c the master let’s them set and pursue whatever ends they want, but unfree under freedom as non-domination b/c their freedom is contingent upon the master who has the capacity to interfere arbitrarily.Prefer the non-domination model:Freedom is good but the non-interference model of freedom allows absolute institutional control—non-domination solves.Pettit 97 Philip Pettit (Laurence Rockefeller University Professor of Politics and Human Values at Princeton University). "Freedom with Honor: A Republican Ideal." Spring 1997. http://www.princeton.edu/~~ppettit/papers/FreedomwithHonor'SocialResearch'1997.pdf AND
====Non-domination is the only notion of freedom that can apply to state actors. Prefer: State interference promotes freedom if it ensures non-domination.==== AND prudently framed, are by no means subversive but rather introductive of liberty." Additionally Prefer:~A~ Ethical frameworks are topicality interpretations of the word ought so they must be theoretically justified. Prefer on resource disparities—focusing on evidence and statistics privileges debaters with the most preround prep excluding lone-wolfs who lack huge evidence files. A debater under my framework can easily be won without any prep since minimal evidence is required. That controls the internal link to other voters because a pre-req to debating is access to the activity.~B~ Only universalizable reason can effectively explain the perspectives of agents – that’s the best method for combatting oppression.Farr 02 Arnold Farr (prof of phil @ UKentucky, focusing on German idealism, philosophy of race, postmodernism, psychoanalysis, and liberation philosophy). "Can a Philosophy of Race Afford to Abandon the Kantian Categorical Imperative?" JOURNAL of SOCIAL PHILOSOPHY, Vol. 33 No. 1, Spring 2002, 17–32. AND choosing my maxims I attempt to include the perspective of other moral agents. ~C~ Willing to abide by their ethical theory presupposes we have freedom in the first place. Thus, making an argument for another standard concedes the authority to mine.Thus, the standard is consistency with universality as non-domination.~1~ Presumption and Permissibility affirm: a~ Statements are true before false since if I told you my name, you’d believe me. b~ If anything is permissible, then so is the aff since there is nothing prohibiting us.~2~ Consequences Fail: a~ Every action has infinite stemming consequences, because every consequence can cause another consequence so we can’t predict. b~ Induction is circular because it relies on the assumption that nature will hold uniform and we could only reach that conclusion through inductive reasoning based on observation of past events. c~ Every action is infinitely divisible, only intents unify because we commit the end point of an action – but consequences cannot determine what step of action is moral d~ Yes act/omission distinction – there are infinite events occurring over which you have no control, so you can never be moral~3~ Contesting offense under the Aff framework is a voting issue. Reciprocity – I have to win my framework and beat the NC before I can access case, whereas you can collapse to either layer or dump on offense for 7 minutes as a no-risk issue so there’s a skew. Key to fairness because it’s definitionally equal access to the ballot.1AC – AdvocacyThus, the advocacy – Resolved: A just government ought to recognize the unconditional right of workers to strike.1AC – OffenseRecognizing the right to strike would transform dominating power structures.Lazar 20 ~Orlando; 10/6/20; St. Edmund Hall and Balliol College, University of Oxford; "Work, Domination, and the False Hope of Universal Basic Income," https://link.springer.com/article/10.1007/s11158-020-09487-9~~ Justin AND no longer able to monopolise the residual authority described in the previous section. Striking is a fundamental protection of dignity and the right of the worker to resist a dominant relationship.Mason 18 ~Elinor. Elinor Mason is a senior lecturer in philosophy at Edinburgh University. On striking, and the recognition that ethics are a collective affair. "On striking, and the recognition that ethics are a collective affair". 4-1-2018. openDemocracy. https://www.opendemocracy.net/en/opendemocracyuk/on-striking-and-recognition-that-ethics-are-collective-affair/.~~ SJVM AND it. We hugely appreciate the solidarity of our students: thank you. Non-domination requires restriction of the employer’s power to arbitrarily impose their will on employees.Bogg 17 ~Alan. Alan L Bogg is Professor in Law at the University of Bristol Law School. 'Republican Non-Domination and Labour Law: New Normativity or Trojan Horse?', (2017), 33, International Journal of Comparative Labour Law and Industrial Relations, Issue 3, pp. 391-417, https://kluwerlawonline.com/journalarticle/International+Journal+of+Comparative+Labour+Law+and+Industrial+Relations/33.3/IJCL2017017~~ SJVM AND protect illegal migrant-workers and those employed on fixed term contracts.57 Underview~1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. Aff theory is drop the debater, competing interps, and the highest layer since the 1ar is too short to win both theory and substance and reasonability bites intervention since it’s up to the judge to determine. No 2NR RVI, paradigm issues, theory, evidence, or new responses to AC arguments since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. No RVIs on AC arguments – incentivizes a 7 minute collapse that decks 1AR strategy. If I’m wrong I shouldn’t be punished since it breeds more animosity and decks future solutions for violence.====~2~ Fairness is a voter – A~ Debate’s a competitive game and requires objective evaluation. B~ Fairness best coheres a winner since if one debater had ten minutes to speak and the other had three there would be incongruence that alters ability to judge the better debater. Procedural unfairness doesn’t compensate since it denies access anyone to the space. C~ Determines engagement in substance so it outweighs. D~ Jurisdiction – every argument you make concedes the authority of fairness: i.e. that the judge will evaluate your arguments. Hack against them if they contest this since that’s the most unfair thing to do E==== ====~3~ Weigh the case vs the K: a~ Fairness – opposing frameworks moot our offense – there are infinite parts they could problematize which forces a 1ar restart b~ Clash – Our scholarship is tied to the goodness of our framework and plan ==== TTThe role of the ballot is to determine whether the resolution is a true or false statement.~1~ Constitutivism: The ballot says vote aff or neg based on a topic – five dictionaries define to negate as to deny the truth of and affirm as to prove true which means it’s constitutive and jurisdictional – that’s a meta constraint on anything else since the judge voting aff if they affirm better and neg the contrary proves that it’s an independent voter means hack against them if they contest it.~2~ Fairness: Anything new moots 6 minutes of the AC and exacerbates neg reactivity advantage so I should be able to compensate by choosing. They justify substantive skews since there will always be a more correct side of the issue but we compensate for flaws in the lit.~3~ Inclusivity: Other ROBs open the door for personal lives to factor into decisions to compare who is more oppressed causing violence. Only we allow anything as long is it proves the res true or false but the judge can stop if its violent. Also if I’m textual I’m fair since the resolution is the only predictable stasis point.AdvGlobal democracy is collapsing now.Freedom House 3/3 ~Freedom House. Freedom House works to defend human rights and promote democratic change, with a focus on political rights and civil liberties. We act as a catalyst for freedom through a combination of analysis, advocacy, and action. Our analysis, focused on 13 central issues, is underpinned by our international program work. "New Report: The global decline in democracy has accelerated". 3-3-2021. . https://freedomhouse.org/article/new-report-global-decline-democracy-has-accelerated.~~ SJVM AND environments investigated government transgressions, and activists persisted in calling out undemocratic practices. The plan solves:The aff reduces concentrations of power within businesses, strengthens democracyOHCHR 17 "UN Rights Expert: ‘Fundamental Right to Strike Must Be Preserved.’" OHCHR, 9 Mar. 2017, www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21328andamp;LangID=E. SJDA AND and respected across the globe and in all arenas", the expert concluded. Democratic backsliding causes extinction.Kendall-Taylor 16 ~Andrea; Deputy national intelligence officer for Russia and Eurasia at the National Intelligence Council, Senior associate in the Human Rights Initiative at the Center for Strategic and International Studies in Washington; "How Democracy’s Decline Would Undermine the International Order," CSIS; 7/15/16; https://www.csis.org/analysis/how-democracyE28099s-decline-would-undermine-international-order/~~ Justin AND pose the risk that global economic governance will become fragmented and less effective. | 10/29/21 |
ND- AC Pettit v2Tournament: Glenbrooks | Round: 7 | Opponent: Marlborough WR | Judge: Ratnasabapathy, Tarun 1AC – FWAny moral valuation presupposes the unconditional worth of humanity because when agents pursue any end, all value placed upon an object is contingent upon the agent for example a pencil is only valuable to me so long as it can write my paper. Agents have unconditional value because they possess the ability to confer value that stems from their reason. That outweighs.All other frameworks collapse—other theories source obligations in extrinsically good objects, but that presupposes the goodness of the rational will.That justifies universalizable ends – A) a priori principles like reason apply to everyone since they are independent of human experience and B) any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others.There are two models of universal freedom—the non-interference model and the non-domination model. The non-interference holds that someone’s freedom is violated if they are actually interfered with, whereas the non-domination model holds that someone’s freedom is violated if someone has the capacity to arbitrarily interfere. For example, a slave with a benevolent master would be free under non-interference b/c the master let’s them set and pursue whatever ends they want, but unfree under freedom as non-domination b/c their freedom is contingent upon the master who has the capacity to interfere arbitrarily.Prefer the non-domination model:Freedom is good but the non-interference model of freedom allows absolute institutional control—non-domination solves.Pettit 97 Philip Pettit (Laurence Rockefeller University Professor of Politics and Human Values at Princeton University). "Freedom with Honor: A Republican Ideal." Spring 1997. http://www.princeton.edu/~~ppettit/papers/FreedomwithHonor'SocialResearch'1997.pdf AND
====Non-domination is the only notion of freedom that can apply to state actors. Prefer: State interference promotes freedom if it ensures non-domination.==== AND prudently framed, are by no means subversive but rather introductive of liberty." Additionally Prefer:~A~ Only universalizable reason can effectively explain the perspectives of agents – that’s the best method for combatting oppression.Farr 02 Arnold Farr (prof of phil @ UKentucky, focusing on German idealism, philosophy of race, postmodernism, psychoanalysis, and liberation philosophy). "Can a Philosophy of Race Afford to Abandon the Kantian Categorical Imperative?" JOURNAL of SOCIAL PHILOSOPHY, Vol. 33 No. 1, Spring 2002, 17–32. AND choosing my maxims I attempt to include the perspective of other moral agents. ~B~ Willing to abide by their ethical theory presupposes we have freedom in the first place. Thus, making an argument for another standard concedes the authority to mine.Thus, the standard is consistency with universality as non-domination.~1~ Presumption and Permissibility affirm: a~ Statements are true before false since if I told you my name, you’d believe me. b~ If anything is permissible, then so is the aff since there is nothing prohibiting us.~2~ Consequences Fail: a~ Every action has infinite stemming consequences, because every consequence can cause another consequence so we can’t predict. b~ Induction is circular because it relies on the assumption that nature will hold uniform and we could only reach that conclusion through inductive reasoning based on observation of past events. c~ Every action is infinitely divisible, only intents unify because we commit the end point of an action – but consequences cannot determine what step of action is moral d~ Yes act/omission distinction – there are infinite events occurring over which you have no control, so you can never be moral1AC – AdvocacyThus, the advocacy – Resolved: A just government ought to recognize the unconditional right of workers to strike.1AC – OffenseRecognizing the right to strike would transform dominating power structures.Lazar 20 ~Orlando; 10/6/20; St. Edmund Hall and Balliol College, University of Oxford; "Work, Domination, and the False Hope of Universal Basic Income," https://link.springer.com/article/10.1007/s11158-020-09487-9~~ Justin AND no longer able to monopolise the residual authority described in the previous section. Striking is a fundamental protection of dignity and the right of the worker to resist a dominant relationship.Mason 18 ~Elinor. Elinor Mason is a senior lecturer in philosophy at Edinburgh University. On striking, and the recognition that ethics are a collective affair. "On striking, and the recognition that ethics are a collective affair". 4-1-2018. openDemocracy. https://www.opendemocracy.net/en/opendemocracyuk/on-striking-and-recognition-that-ethics-are-collective-affair/.~~ SJVM AND it. We hugely appreciate the solidarity of our students: thank you. Non-domination requires restriction of the employer’s power to arbitrarily impose their will on employees.Bogg 17 ~Alan. Alan L Bogg is Professor in Law at the University of Bristol Law School. 'Republican Non-Domination and Labour Law: New Normativity or Trojan Horse?', (2017), 33, International Journal of Comparative Labour Law and Industrial Relations, Issue 3, pp. 391-417, https://kluwerlawonline.com/journalarticle/International+Journal+of+Comparative+Labour+Law+and+Industrial+Relations/33.3/IJCL2017017~~ SJVM AND protect illegal migrant-workers and those employed on fixed term contracts.57 UVInterpretation: The negative must concede the affirmative frameworkViolation: It’s preemptivePrefer-1~ Time skew- Winning the negative framework moots 6 minutes of 1AC offense and forces a 1AR restart against a 7 min 1NC – outweighs on quantifiability and reversibility – I can’t get back time lost and it’s the only way to measure abuse.2~ Topic Ed- Every debate would just be a framework debate which crowds out our ability to have core debates about the topic – that outweighs- A~ Time Frame- We only have 2 months to debate the topic B~ Inclusion- Phil and K literature is incredibly dense and requires a vast amount of prior knowledge and experience which excludes novices while topic literature is less esoteric3~ Prep skew- We can’t predict every single negative framework before round but they know the aff coming into round which makes pre-tournament prep impossible. Especially true since there are millions of K’s and NC’s that could negate. Prep skew outweighs A~ Sequencing- It’s a perquisite engaging in-round since you need prep to debate B~ Engagement- It ruins the quality and depth of discussions that make debate rounds educational.Fairness is a voter- intrinsic to the debate; education- terminal impact to debate; DTD and CI- deter futue abuse, and sets the best norms and rzn is arbtrary and invites judge intervention; no rvi- means 7 minute dump on something they chose 1~ 1AR theory is legit – anything else means infinite abuse – drop the debater, competing interps, and the highest layer – 1AR are too short to make up for the time trade-off – no RVIs – 6 min 2NR means they can brute force me every time.CourtsThe right to strike is Customary International Law, but the US fails to meet opinio juris standards. Perception of US insufficiency breeds uncertainty with confidence in international law and spirals into noncompliance – that causes a legitimacy crisis. No alt causes to legitimacy – FOA is central to the ILO and the biggest internal link.Brudney 21 ~James; 2/8/21; Joseph Crowley Chair in Labor and Employment Law, Fordham Law School; "The Right to Strike as Customary International Law," THE YALE JOURNAL OF INTERNATIONAL LAW, Vol 46, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1710andcontext=yjil~~ Justin Brackets in original AND accept international standards and practices; and contemporary U.N. leadership. That prevents harmonization of norms and throws the functioning of international institutions into question – prefer empirics.Seifert 21 ~Achim; 2021; Full Professor of Private Law, German and European Labor Law and Comparative Law at the University of Jena (since 2011). He holds both German State Exams in Law and a PhD of the Johann-Wolfgang-Goethe-University of Frankfurt (1998). After his Habilitation ~Post-Doc~ in 2006 at the University of Frankfurt and several short-term Replacements at the Universities of Frankfurt and Trier (2006-2008), he became an Associate Professor of European and International Labor Law at the University of Luxembourg (2008). His main fields of interest are the Labor Law of the European Union and Comparative Labor Law, including the methodology of Comparative Law. Achim SEIFERT serves as co-editor of the Comparative Labor Law and Policy Journal (CLLPJ) and is a member of the editorial board of the European Labour Law Journal (ELLJ) as well as of the Revue de droit comparé du travail et de la sécurité sociale (RDCTSS). He is an associated member of the International Academy of Comparative Law (since 2013) and fellow of the European Law Institute (ELI) (since 2014); furthermore he has been member of the Jean-Monnet-Centre of Excellence at the University of Jena (2013-2016). He has been visiting Professor at the Universities of Bordeaux, Nantes, Paris 1 (Panthéon-Sorbonne), Luigi Bocconi/Milan and Leuven (Global Law Programme) and has taught as adjunct professor at the University of Luxembourg between 2011 and 2016; "Book Review," European Labour Law Journal, https://sci-hub.se/https://doi.org/10.1177/2031952521994412~~ Justin AND of the constituents therefore necessarily brings into question the functioning of the ILO. Scenario one is SDG:Harmonizing international labor standards are key to Sustainable Development Goals – compliance is key.ILO 15 ~International Labor Organization; The International Labour Organization is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and oldest specialised agency of the UN; "The benefits of International Labour Standards," No date stated but most recent event cited is 2015, https://www.ilo.org/global/standards/introduction-to-international-labour-standards/the-benefits-of-international-labour-standards/lang—en/index.htm~ Justin AND , it is in everyone’s interest to see these rules applied across the board That’s key to head off a laundry list of interacting catastrophic risks, the combination of which causes extinction and amplifies every other threat.Tom Cernev and Richard Fenner 20, Australian National University; Centre for Sustainable Development, Cambridge University Engineering Department, "The importance of achieving foundational Sustainable Development Goals in reducing global risk," Futures, Vol. 115, January 2020, Elsevier. Recut Justin AND climate change provides the backdrop against which all these interactions will play out. | 11/21/21 |
SO- AC Kant v1Tournament: Loyola | Round: 4 | Opponent: Prospect ST | Judge: Self, Connor FramingEthics must begin a priori:~A~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.~B~ Empirical uncertainty – evil demon could deceive us, dreaming, simulation, and inability to know others’ experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~C~ Constitutive Authority – practical reason is the only unescapable authority because to ask for why we should be reasoners concedes its authority since it uses reason – anything else is nonbinding and arbitrary.Next, the relevant feature of reason is universality – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others which also means universalizability acts as a side constraint on all other frameworks. It’s impossible to will a violation of freedom since deciding to do would will incompatible ends since it logically entails willing a violation of your own freedomThus, the standard is consistency with the categorical imperative. Prefer:~1~ Performativity—freedom is the key to the process of justification of arguments. Willing that we should abide by their ethical theory presupposes that we own ourselves in the first place. Thus, it is logically incoherent to justify a standard without first willing that we can pursue ends free from others.~2~ Consequences Fail: ~A~ Every action has infinite stemming consequences, because every consequence can cause another consequence so we can’t predict or calculate. ~B~ Induction is circular because it relies on the assumption that nature will hold uniform and we could only reach that conclusion through inductive reasoning based on observation of past events. ~C~ Aggregation fails – suffering is not additive can’t compare between one migraine and 10 head achesImpact calc: ~A~ There’s an act/omission distinction – otherwise we’d be held infinitely culpable for every omission which kills any conception of morality ~B~ Weighing practices is incoherent because it relies on an assessment of ends, which relies on a further assessment. A practice that negates is not contradictory to a practice that affirms, and thus proving my end affirms is sufficient. So, proving the converse of the resolution is not sufficient to disprove the resolution’s truth. And, this is also true of obligations since an obligation existing doesn’t mean that there can’t be a stronger obligation to do something else, as an obligation is a locus of moral duty and there can always be different obligations, particularly allowing for individual meaning creation is inherently good regardless of the content of index. AdvocacyResolved: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines during pandemics.Here’s spec – enforcement through limited IP waivers solve – patent term extensions are normal means and solves innovation and scale-up.Young and Potts-Szeliga 21 ~Roberta; Counsel in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Los Angeles; Jamaica Potts-Szeliga; Partner in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Washington, DC. She also provides advice on FDA regulatory issues and is part of the firm’s Health Care, Life Sciences, and Pharmaceuticals team; "A Third Option: Limited IP Waiver Could Solve Our Pandemic Vaccine Problems," IP Watch Dog; 7/21/21; https://www.ipwatchdog.com/2021/07/21/third-option-limited-ip-waiver-solve-pandemic-vaccine-problems/id=135732/~~ Justin AND deter the technological investment to create life-saving solutions in the future. Offense1~ The categorical imperative rejects the idea of intellectual property as it suppresses freedom by preventing others from innovating and suppressing speech in the name of a copyright.Pievatolo 10 Pievatolo, Maria. "Freedom, Ownership and Copyright: Why Does Kant Reject the Concept of Intellectual Property?" Freedom, Ownership and Copyright: Why Does Kant Reject the Concept of Intellectual Property?, 7 Feb. 2010, bfp.sp.unipi.it/chiara/lm/kantpisa1.html. SJEP AND to the Roman Law tradition because of conservatism, but because of Enlightenment. UV~1~ Presumption and permissibility affirm –~a~ Statements are true before false since if I told you my name, you’d believe me.~b~ Epistemics – we wouldn’t be able to start a strand of reasoning since we’d have to question that reason.~c~ Otherwise we’d have to have a proactive justification to do things like drink water.~d~ If anything is permissible, then definitionally so is the aff since there is nothing that prevents us from doing it.2~ 1AR theory is legit otherwise the neg can be infinitely abusive and there would be no way to check back against that.Comes first because it indicts the neg’s positions and skews my time allocation on other flows like T.Competing interps – rzn is artbitrary and invites judge intervention and race to the top1AR theory is drop the debater – a 4 minute 1AR doesn’t have time to win both theory and substance – you must be punished.No RVI on 1AR theory-It would be impossible to check back against neg abuse because the 2NR could just spend 6 minutes railing on the theory debate and the aff couldn’t winThe role of the ballot is to determine whether the resolution is a true or false statement – anything else moots 6 minutes of the aff and exacerbates the 13-7 rebuttal skew so I should be able to compensate by choosing framing – it’s the most logical since you don’t say vote for the player who shoots the most 3 points, the better player wins.The ballot says vote aff or neg based on a topic and five dictionaries define to negate as to deny the truth of and affirm as to prove true which means it’s constitutive and jurisdictional. Denying jurisdiction denies the judge’s obligation to vote for the winner so hack against them if they contest it since you then have an inverse jurisdictional obligation. Affirm means to strongly agree with and I strongly agree with the resolution.TheoryInterpretation: The negative debater must concede the affirmative’s framework.The standard is strat skew –a) 1AC speaks in the dark but the neg adapts. The aff is one layer but neg precludes with deflationary frameworks, and prefiat arguments that are all NIBsb) Reactive rebuttal 13:7 skew makes it impossible to beat new layers that preclude the aff, and neg speeches are on balance longer than the next aff speech which makes it impossible to recover- length determines value- can’t make new args in new speeches.c) Ground- philosophy is structured in a way that it is responsive in one direction i.e. Hegel is written in response to Kant, but not vice versa, smart negs will pick responsive fw’s without ground against themAFC solves- ensures 1AC offense stays relevant and prevents neg prelcusionary strategies for in depth intralayer layer weighingCI and DTD on 1AC theory – otherwise the 1nc can sandbag which wrecks deterrence AdvOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development – neg objections miss the boat.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Yes scale-up for covid.Erfani et al 21 ~Parsa; Lawrence Gostin; Vanessa Kerry; Parsa Erfani is a Fogarty Global Health Scholar at Harvard Medical School and the University of Global Health Equity. Lawrence Gostin is a professor at Georgetown University Law Center, director of the school’s O’Neill Institute for National and Global Health Law, and director of the World Health Organization Center on National and Global Health Law. Vanessa Kerry is a critical care physician at Massachusetts General Hospital, director of the Program for Global Public Policy at Harvard Medical School, and CEO of Seed Global Health, a nonprofit that trains health workers in countries with critical shortages; "Beyond a symbolic gesture: What’s needed to turn the IP waiver into Covid-19 vaccines," STAT; 5/19/21; https://www.statnews.com/2021/05/19/beyond-a-symbolic-gesture-whats-needed-to-turn-the-ip-waiver-into-covid-19-vaccines/~~ Justin AND to acquire the IP necessary for mRNA technologies— which is currently missing. Independently strategic patenting harms innovation incentives during pandemics – encourages reproduction of generics and decrease breakthroughs.Gurgula 20 ~Olga; Lecturer in Intellectual Property Law at Brunel Law School, Brunel University London. She is also a Visiting Fellow at the Oxford Martin Programme on Affordable Medicines, University of Oxford; "Strategic Patenting by Pharmaceutical Companies – Should Competition Law Intervene?" Springer Link; 10/28/20; https://link.springer.com/article/10.1007/s40319-020-00985-0~~#Sec4~~ Justin AND at blocking follow-on innovation by competitors should raise competition law concerns. Corona escalates security threats that cause extinction – cooperation thesis is wrong.Recna 21 ~Research Center for Nuclear Weapon Abolition; Nagasaki, Japan; "Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report," Journal for Peace and Nuclear Disarmament; 5/28/21; https://www.tandfonline.com/doi/full/10.1080/25751654.2021.1890867~~ Justin AND by nuclear threat, with cascading effects on the risk of nuclear war. Studies show that vaccine distribution solve COVID. Reject any ev that don’t assume vaccine nationalism.Compares two models of HARs and LARs AND that increased vaccine-sharing resulted in reduced case numbers in LARs. " | 9/18/21 |
SO- AC Kant v2Tournament: Loyola | Round: 5 | Opponent: Harvard Westlake IC | Judge: Jasani, Aryan 1ACFramingEthics must begin a priori:~A~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.~B~ Empirical uncertainty – evil demon could deceive us, dreaming, simulation, and inability to know others’ experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~C~ Constitutive Authority – practical reason is the only unescapable authority because to ask for why we should be reasoners concedes its authority since it uses reason – anything else is nonbinding and arbitrary.Next, the relevant feature of reason is universality – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others which also means universalizability acts as a side constraint on all other frameworks. It’s impossible to will a violation of freedom since deciding to do would will incompatible ends since it logically entails willing a violation of your own freedomThus, the standard is consistency with the categorical imperative. Prefer:~1~ Performativity—freedom is the key to the process of justification of arguments. Willing that we should abide by their ethical theory presupposes that we own ourselves in the first place. Thus, it is logically incoherent to justify a standard without first willing that we can pursue ends free from others.~2~ Consequences Fail: ~A~ Every action has infinite stemming consequences, because every consequence can cause another consequence so we can’t predict or calculate. ~B~ Induction is circular because it relies on the assumption that nature will hold uniform and we could only reach that conclusion through inductive reasoning based on observation of past events. ~C~ Aggregation fails – suffering is not additive can’t compare between one migraine and 10 head aches~4~ Only universalizable reason can effectively explain the perspectives of agents – that’s the best method for combatting oppression.Farr 02 Arnold Farr (prof of phil @ UKentucky, focusing on German idealism, philosophy of race, postmodernism, psychoanalysis, and liberation philosophy). "Can a Philosophy of Race Afford to Abandon the Kantian Categorical Imperative?" JOURNAL of SOCIAL PHILOSOPHY, Vol. 33 No. 1, Spring 2002, 17–32. AND choosing my maxims I attempt to include the perspective of other moral agents. ~5~ Ethical frameworks are topicality interpretations of the word ought so they must be theoretically justified. Prefer on resource disparities—focusing on evidence and statistics privileges debaters with the most preround prep excluding lone-wolfs who lack huge evidence files. A debater under my framework can easily be won without any prep since minimal evidence is required. That controls the internal link to other voters because a pre-req to debating is access to the activity.AdvocacyResolved: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines.Enforcement is to eliminate all IPR for medicinesBaker 16 Brook Baker (Professor of Law, Northeastern University. He is a senior policy analyst for Health GAP (Global Access Project) and is actively engaged in campaigns for universal access to treatment, prevention, and care for people living with HIV/AIDS, especially expanded and improved medical treatment. He has written and consulted extensively on intellectual property rights, trade, access to medicines and medicines regulatory policy, including with the African Union, NEPAD, Uganda, ASEAN, Thailand, Indonesia, Venezuela, CARICOM, UK DfID, the World Health Organization, the Millennium Development Goals Project, the Global Fund to Fight AIDS, Tuberculosis and Malaria, Open Society Institute, UNDP, UNITAID, the Medicines Patent Pool, the Global Commission on HIV and the Law, and others). and Health GAP, Contribution to the United Nations Secretary-General's High-Level Panel on Access to Medicines, February 26, 2016, http://www.unsgaccessmeds.org/inbox/2016/2/26/z73kpodxk4jw96mhqe2tivq0sdl g3v/ AND and attributional interests of inventors and creators can be met through other means. Offense1~ The categorical imperative rejects the idea of intellectual property as it suppresses freedom by preventing others from innovating and suppressing speech in the name of a copyright.Pievatolo 10 Pievatolo, Maria. "Freedom, Ownership and Copyright: Why Does Kant Reject the Concept of Intellectual Property?" Freedom, Ownership and Copyright: Why Does Kant Reject the Concept of Intellectual Property?, 7 Feb. 2010, bfp.sp.unipi.it/chiara/lm/kantpisa1.html. SJEP AND to the Roman Law tradition because of conservatism, but because of Enlightenment. UV~1~ Presumption and permissibility affirm –~a~ Statements are true before false since if I told you my name, you’d believe me.~b~ Epistemics – we wouldn’t be able to start a strand of reasoning since we’d have to question that reason.~c~ Otherwise we’d have to have a proactive justification to do things like drink water.~d~ If anything is permissible, then definitionally so is the aff since there is nothing that prevents us from doing it.2~ 1AR theory is legit otherwise the neg can be infinitely abusive and there would be no way to check back against that.Comes first because it indicts the neg’s positions and skews my time allocation on other flows like T.Competing interps – rzn is artbitrary and invites judge intervention and race to the top1AR theory is drop the debater – a 4 minute 1AR doesn’t have time to win both theory and substance – you must be punished.No RVI on 1AR theory-It would be impossible to check back against neg abuse because the 2NR could just spend 6 minutes railing on the theory debate and the aff couldn’t winThe role of the ballot is to determine whether the resolution is a true or false statement – anything else moots 6 minutes of the aff and exacerbates the 13-7 rebuttal skew so I should be able to compensate by choosing framing – it’s the most logical since you don’t say vote for the player who shoots the most 3 points, the better player wins.The ballot says vote aff or neg based on a topic and five dictionaries define to negate as to deny the truth of and affirm as to prove true which means it’s constitutive and jurisdictional. Denying jurisdiction denies the judge’s obligation to vote for the winner so hack against them if they contest it since you then have an inverse jurisdictional obligation.TheoryInterpretation: The negative debater must concede the affirmative’s framework.The standard is strat skew –a) 1AC speaks in the dark but the neg adapts. The aff is one layer but neg precludes with deflationary frameworks, and prefiat arguments that are all NIBsb) Reactive rebuttal 13:7 skew makes it impossible to beat new layers that preclude the aff, and neg speeches are on balance longer than the next aff speech which makes it impossible to recover- length determines value- can’t make new args in new speeches.c) Ground- philosophy is structured in a way that it is responsive in one direction i.e. Hegel is written in response to Kant, but not vice versa, smart negs will pick responsive fw’s without ground against themAFC solves- ensures 1AC offense stays relevant and prevents neg prelcusionary strategies for in depth intralayer layer weighingCI and DTD on 1AC theory – otherwise the 1nc can sandbag which wrecks deterrence AdvOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development – neg objections miss the boat.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Yes scale-up for covid.Erfani et al 21 ~Parsa; Lawrence Gostin; Vanessa Kerry; Parsa Erfani is a Fogarty Global Health Scholar at Harvard Medical School and the University of Global Health Equity. Lawrence Gostin is a professor at Georgetown University Law Center, director of the school’s O’Neill Institute for National and Global Health Law, and director of the World Health Organization Center on National and Global Health Law. Vanessa Kerry is a critical care physician at Massachusetts General Hospital, director of the Program for Global Public Policy at Harvard Medical School, and CEO of Seed Global Health, a nonprofit that trains health workers in countries with critical shortages; "Beyond a symbolic gesture: What’s needed to turn the IP waiver into Covid-19 vaccines," STAT; 5/19/21; https://www.statnews.com/2021/05/19/beyond-a-symbolic-gesture-whats-needed-to-turn-the-ip-waiver-into-covid-19-vaccines/~~ Justin AND to acquire the IP necessary for mRNA technologies— which is currently missing. Independently strategic patenting harms innovation incentives during pandemics – encourages reproduction of generics and decrease breakthroughs.Gurgula 20 ~Olga; Lecturer in Intellectual Property Law at Brunel Law School, Brunel University London. She is also a Visiting Fellow at the Oxford Martin Programme on Affordable Medicines, University of Oxford; "Strategic Patenting by Pharmaceutical Companies – Should Competition Law Intervene?" Springer Link; 10/28/20; https://link.springer.com/article/10.1007/s40319-020-00985-0~~#Sec4~~ Justin AND at blocking follow-on innovation by competitors should raise competition law concerns. Corona escalates security threats that cause extinction – cooperation thesis is wrong.Recna 21 ~Research Center for Nuclear Weapon Abolition; Nagasaki, Japan; "Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report," Journal for Peace and Nuclear Disarmament; 5/28/21; https://www.tandfonline.com/doi/full/10.1080/25751654.2021.1890867~~ Justin AND by nuclear threat, with cascading effects on the risk of nuclear war. Studies show that vaccine distribution solve COVID. Reject any ev that don’t assume vaccine nationalism.Compares two models of HARs and LARs AND that increased vaccine-sharing resulted in reduced case numbers in LARs. " | 9/5/21 |
SO- AC Kant v3Tournament: Grapevine | Round: 2 | Opponent: Plano East JN | Judge: Das, Sreyash 1ACGive 30 speaks- they are arbitrary and don’t reflect true skill FramingEthics must begin a priori:~A~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.~B~ Empirical uncertainty – evil demon could deceive us, dreaming, simulation, and inability to know others’ experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~C~ Constitutive Authority – practical reason is the only unescapable authority because to ask for why we should be reasoners concedes its authority since it uses reason – anything else is nonbinding and arbitrary.Next, the relevant feature of reason is universality – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others which also means universalizability acts as a side constraint on all other frameworks. It’s impossible to will a violation of freedom since deciding to do would will incompatible ends since it logically entails willing a violation of your own freedomThus, the standard is consistency with the categorical imperative. Prefer:~1~ Performativity—freedom is the key to the process of justification of arguments. Willing that we should abide by their ethical theory presupposes that we own ourselves in the first place. Thus, it is logically incoherent to justify a standard without first willing that we can pursue ends free from others.~2~ Consequences Fail: ~A~ Every action has infinite stemming consequences, because every consequence can cause another consequence so we can’t predict or calculate. ~B~ Induction is circular because it relies on the assumption that nature will hold uniform and we could only reach that conclusion through inductive reasoning based on observation of past events. ~C~ Aggregation fails – suffering is not additive can’t compare between one migraine and 10 head achesAdvocacyResolved: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines.Enforcement is to eliminate all IPR for medicinesBaker 16 Brook Baker (Professor of Law, Northeastern University. He is a senior policy analyst for Health GAP (Global Access Project) and is actively engaged in campaigns for universal access to treatment, prevention, and care for people living with HIV/AIDS, especially expanded and improved medical treatment. He has written and consulted extensively on intellectual property rights, trade, access to medicines and medicines regulatory policy, including with the African Union, NEPAD, Uganda, ASEAN, Thailand, Indonesia, Venezuela, CARICOM, UK DfID, the World Health Organization, the Millennium Development Goals Project, the Global Fund to Fight AIDS, Tuberculosis and Malaria, Open Society Institute, UNDP, UNITAID, the Medicines Patent Pool, the Global Commission on HIV and the Law, and others). and Health GAP, Contribution to the United Nations Secretary-General's High-Level Panel on Access to Medicines, February 26, 2016, http://www.unsgaccessmeds.org/inbox/2016/2/26/z73kpodxk4jw96mhqe2tivq0sdl g3v/ AND and attributional interests of inventors and creators can be met through other means. Offense1~ The categorical imperative rejects the idea of intellectual property as it suppresses freedom by preventing others from innovating and suppressing speech in the name of a copyright.Pievatolo 10 Pievatolo, Maria. "Freedom, Ownership and Copyright: Why Does Kant Reject the Concept of Intellectual Property?" Freedom, Ownership and Copyright: Why Does Kant Reject the Concept of Intellectual Property?, 7 Feb. 2010, bfp.sp.unipi.it/chiara/lm/kantpisa1.html. SJEP AND to the Roman Law tradition because of conservatism, but because of Enlightenment. 2~ Property rights can’t be universalizable when they forgo the opportunity for an individual to access their own freedom. Medical patents restrict an individual to pursue freedom from death by foreclosing treatment.Merges 11 Merges, Robert P. Justifying Intellectual Property. Harvard University Press, 2011. SJEP AND given Kant’s text and the problem of pharmaceutical patents as I understand it. 3~ Property rights minimize the opportunity of innovation which limits individual freedom through creating monopolies. They also limit the use of tangible objects such as medicines for good purposes.Cernea and Uszkai 12 Cernea, Mihail-Valentin, and Radu Uszkai. The Clash between Global Justice and Pharmaceutical Patents: A Critical Analysis. 2012, the-clash-between-global-justice-and-drug-patents-a-critical-analysis.pdf. SJEP AND use of tangible objects which we acquired fully in line with market rules. 4~ IPP unjustifiably restricts agents from setting and pursuing ends in healthcare because patents prevent people from taking part in scientific advancements in medicine – that violates freedom in multiple waysHale 18 (Zachary Hale, 4-4-2018, accessed on 8-22-2021, The Arkansas Journal of Social Change and Public Service, "Patently Unfair: The Tensions Between Human Rights and Intellectual Property Protection - The Arkansas Journal of Social Change and Public Service", https://ualr.edu/socialchange/2018/04/04/patently-unfair/) BHHS AK AND to the most fundamental of all human rights: the right to life. UV~1~ Presumption and permissibility affirm –~a~ Statements are true before false since if I told you my name, you’d believe me.~b~ Epistemics – we wouldn’t be able to start a strand of reasoning since we’d have to question that reason.~c~ Otherwise we’d have to have a proactive justification to do things like drink water.~d~ If anything is permissible, then definitionally so is the aff since there is nothing that prevents us from doing it.2~ 1AR theory is legit otherwise the neg can be infinitely abusive and there would be no way to check back against that.Comes first because it indicts the neg’s positions and skews my time allocation on other flows like T.Competing interps – rzn is artbitrary and invites judge intervention and race to the top1AR theory is drop the debater – a 4 minute 1AR doesn’t have time to win both theory and substance – you must be punished.No RVI on 1AR theory-It would be impossible to check back against neg abuse because the 2NR could just spend 6 minutes railing on the theory debate and the aff couldn’t winAnswering the paradigm issues solves all combo-shell offense- abuse is about implementation not me reading them AND if the antecedent is false, then the conditional as a whole is true AdvOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development – neg objections miss the boat.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Yes scale-up for covid.Erfani et al 21 ~Parsa; Lawrence Gostin; Vanessa Kerry; Parsa Erfani is a Fogarty Global Health Scholar at Harvard Medical School and the University of Global Health Equity. Lawrence Gostin is a professor at Georgetown University Law Center, director of the school’s O’Neill Institute for National and Global Health Law, and director of the World Health Organization Center on National and Global Health Law. Vanessa Kerry is a critical care physician at Massachusetts General Hospital, director of the Program for Global Public Policy at Harvard Medical School, and CEO of Seed Global Health, a nonprofit that trains health workers in countries with critical shortages; "Beyond a symbolic gesture: What’s needed to turn the IP waiver into Covid-19 vaccines," STAT; 5/19/21; https://www.statnews.com/2021/05/19/beyond-a-symbolic-gesture-whats-needed-to-turn-the-ip-waiver-into-covid-19-vaccines/~~ Justin AND to acquire the IP necessary for mRNA technologies— which is currently missing. Corona escalates security threats that cause extinction – cooperation thesis is wrong.Recna 21 ~Research Center for Nuclear Weapon Abolition; Nagasaki, Japan; "Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report," Journal for Peace and Nuclear Disarmament; 5/28/21; https://www.tandfonline.com/doi/full/10.1080/25751654.2021.1890867~~ Justin AND by nuclear threat, with cascading effects on the risk of nuclear war. Independently strategic patenting harms innovation incentives during pandemics – encourages reproduction of generics and decrease breakthroughs.Gurgula 20 ~Olga; Lecturer in Intellectual Property Law at Brunel Law School, Brunel University London. She is also a Visiting Fellow at the Oxford Martin Programme on Affordable Medicines, University of Oxford; "Strategic Patenting by Pharmaceutical Companies – Should Competition Law Intervene?" Springer Link; 10/28/20; https://link.springer.com/article/10.1007/s40319-020-00985-0~~#Sec4~~ Justin AND at blocking follow-on innovation by competitors should raise competition law concerns. | 1/15/22 |
SO- AC Kant v4Tournament: Grapevine | Round: 4 | Opponent: Plano East AW | Judge: Jones, Dylan FramingEthics must begin a priori:~A~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.~B~ Empirical uncertainty – evil demon could deceive us, dreaming, simulation, and inability to know others’ experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~C~ Constitutive Authority – practical reason is the only unescapable authority because to ask for why we should be reasoners concedes its authority since it uses reason – anything else is nonbinding and arbitrary.Next, the relevant feature of reason is universality – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others which also means universalizability acts as a side constraint on all other frameworks. It’s impossible to will a violation of freedom since deciding to do would will incompatible ends since it logically entails willing a violation of your own freedomThus, the standard is consistency with the categorical imperative. Prefer:~1~ Performativity—freedom is the key to the process of justification of arguments. Willing that we should abide by their ethical theory presupposes that we own ourselves in the first place. Thus, it is logically incoherent to justify a standard without first willing that we can pursue ends free from others.~2~ Consequences Fail: ~A~ Every action has infinite stemming consequences, because every consequence can cause another consequence so we can’t predict or calculate. ~B~ Aggregation fails – suffering is not additive can’t compare between one migraine and 10 head aches~3~ Only universalizable reason can effectively explain the perspectives of agents – that’s the best method for combatting oppression.Farr 02 Arnold Farr (prof of phil @ UKentucky, focusing on German idealism, philosophy of race, postmodernism, psychoanalysis, and liberation philosophy). "Can a Philosophy of Race Afford to Abandon the Kantian Categorical Imperative?" JOURNAL of SOCIAL PHILOSOPHY, Vol. 33 No. 1, Spring 2002, 17–32. AND choosing my maxims I attempt to include the perspective of other moral agents. ~4~ Ethical frameworks are topicality interpretations of the word ought so they must be theoretically justified. Prefer on resource disparities—focusing on evidence and statistics privileges debaters with the most preround prep excluding lone-wolfs who lack huge evidence files. A debater under my framework can easily be won without any prep since minimal evidence is required. That controls the internal link to other voters because a pre-req to debating is access to the activity.AdvocacyResolved: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines.Enforcement is to eliminate all IPR for medicinesBaker 16 Brook Baker (Professor of Law, Northeastern University. He is a senior policy analyst for Health GAP (Global Access Project) and is actively engaged in campaigns for universal access to treatment, prevention, and care for people living with HIV/AIDS, especially expanded and improved medical treatment. He has written and consulted extensively on intellectual property rights, trade, access to medicines and medicines regulatory policy, including with the African Union, NEPAD, Uganda, ASEAN, Thailand, Indonesia, Venezuela, CARICOM, UK DfID, the World Health Organization, the Millennium Development Goals Project, the Global Fund to Fight AIDS, Tuberculosis and Malaria, Open Society Institute, UNDP, UNITAID, the Medicines Patent Pool, the Global Commission on HIV and the Law, and others). and Health GAP, Contribution to the United Nations Secretary-General's High-Level Panel on Access to Medicines, February 26, 2016, http://www.unsgaccessmeds.org/inbox/2016/2/26/z73kpodxk4jw96mhqe2tivq0sdl g3v/ AND and attributional interests of inventors and creators can be met through other means. Offense1~ The categorical imperative rejects the idea of intellectual property as it suppresses freedom by preventing others from innovating and suppressing speech in the name of a copyright.Pievatolo 10 Pievatolo, Maria. "Freedom, Ownership and Copyright: Why Does Kant Reject the Concept of Intellectual Property?" Freedom, Ownership and Copyright: Why Does Kant Reject the Concept of Intellectual Property?, 7 Feb. 2010, bfp.sp.unipi.it/chiara/lm/kantpisa1.html. SJEP AND to the Roman Law tradition because of conservatism, but because of Enlightenment. 2~ Property rights can’t be universalizable when they forgo the opportunity for an individual to access their own freedom. Medical patents restrict an individual to pursue freedom from death by foreclosing treatment.Merges 11 Merges, Robert P. Justifying Intellectual Property. Harvard University Press, 2011. SJEP AND given Kant’s text and the problem of pharmaceutical patents as I understand it. 3~ Property rights minimize the opportunity of innovation which limits individual freedom through creating monopolies. They also limit the use of tangible objects such as medicines for good purposes.Cernea and Uszkai 12 Cernea, Mihail-Valentin, and Radu Uszkai. The Clash between Global Justice and Pharmaceutical Patents: A Critical Analysis. 2012, the-clash-between-global-justice-and-drug-patents-a-critical-analysis.pdf. SJEP AND use of tangible objects which we acquired fully in line with market rules. 4~ IPP unjustifiably restricts agents from setting and pursuing ends in healthcare because patents prevent people from taking part in scientific advancements in medicine – that violates freedom in multiple waysHale 18 (Zachary Hale, 4-4-2018, accessed on 8-22-2021, The Arkansas Journal of Social Change and Public Service, "Patently Unfair: The Tensions Between Human Rights and Intellectual Property Protection - The Arkansas Journal of Social Change and Public Service", https://ualr.edu/socialchange/2018/04/04/patently-unfair/) BHHS AK AND to the most fundamental of all human rights: the right to life. UV~1~ Presumption and permissibility affirm –~a~ Statements are true before false since if I told you my name, you’d believe me.~b~ Epistemics – we wouldn’t be able to start a strand of reasoning since we’d have to question that reason.~c~ Otherwise we’d have to have a proactive justification to do things like drink water.~d~ If anything is permissible, then definitionally so is the aff since there is nothing that prevents us from doing it.2~ 1AR theory is legit otherwise the neg can be infinitely abusive and there would be no way to check back against that.Competing interps – rzn is artbitrary and invites judge intervention and race to the top1AR theory is drop the debater – a 4 minute 1AR doesn’t have time to win both theory and substance – you must be punished.No RVI on 1AR theory-It would be impossible to check back against neg abuse because the 2NR could just spend 6 minutes railing on the theory debate and the aff couldn’t winAdv- CovidOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development – neg objections miss the boat.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Yes scale-up for covid.Erfani et al 21 ~Parsa; Lawrence Gostin; Vanessa Kerry; Parsa Erfani is a Fogarty Global Health Scholar at Harvard Medical School and the University of Global Health Equity. Lawrence Gostin is a professor at Georgetown University Law Center, director of the school’s O’Neill Institute for National and Global Health Law, and director of the World Health Organization Center on National and Global Health Law. Vanessa Kerry is a critical care physician at Massachusetts General Hospital, director of the Program for Global Public Policy at Harvard Medical School, and CEO of Seed Global Health, a nonprofit that trains health workers in countries with critical shortages; "Beyond a symbolic gesture: What’s needed to turn the IP waiver into Covid-19 vaccines," STAT; 5/19/21; https://www.statnews.com/2021/05/19/beyond-a-symbolic-gesture-whats-needed-to-turn-the-ip-waiver-into-covid-19-vaccines/~~ Justin AND to acquire the IP necessary for mRNA technologies— which is currently missing. Corona escalates security threats that cause extinction – cooperation thesis is wrong.Recna 21 ~Research Center for Nuclear Weapon Abolition; Nagasaki, Japan; "Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report," Journal for Peace and Nuclear Disarmament; 5/28/21; https://www.tandfonline.com/doi/full/10.1080/25751654.2021.1890867~~ Justin AND by nuclear threat, with cascading effects on the risk of nuclear war. Adv- Vaccine DiplomacyAmerican vaccine diplomacy is failing in Latin America – that allows for Chinese influence. Only the plan can return the world back to a US led order.Carman and Carl 6/15 ~Ezequiel and Joseph; Argentine lawyer and global health and trade policy consultant. Previously, he served as a legal advisor to the Ministry of Justice of Buenos Aires, an assistant professor of international public law at the Universidad Católica Argentina, and a research assistant at the O’Neill Institute for National and Global Health Law; Graduate of Liberty University, where he studied international relations and strategic international studies. He has worked for the U.S. Department of State and the Heritage Foundation; "A U.S. vaccine diplomacy strategy for Latin America and the Caribbean," Global Americans; 6/15/21; https://theglobalamericans.org/2021/06/a-u-s-vaccine-diplomacy-strategy-for-latin-america-and-the-caribbean/~~ Justin AND do not align with the diplomatic and economic interests of the United States. It's not over – Latin America is still skeptical of Chinese aid but lack of US presence means it’s the only choice – try or die to capitalize on this weakness.Kneip 8/10 ~Lucie; Student at the University of Notre Dame studying Political Science and Global Affairs. Her research interests include U.S. foreign policy and democratization, civil and criminal warfare, and the intersection of religion and politics; "China’s Vaccine Diplomacy in Latin America," The Diplomat; 8/10/21; https://thediplomat.com/2021/08/chinas-vaccine-diplomacy-in-latin-america/~~ Justin AND Washington has an opportunity to rebound by increasing the pace of vaccine donations. Chinese influence ends the liberal order.Cossu 7/16 ~Elena; Early-stage researcher for the MSCA Innovative Training Network FATIGUE, PhD candidate in economics at Corvinus University of Budapest and recently finished her year as a visiting researcher at University College London and at the European Bank for Reconstruction and Development. Elena comes from a place culturally in between Germany and Italy. She has also had experience working in Greece, France, Latin America, Thailand, and Hungary. Elena is passionate about political and economic inequalities between states, and about understanding what prevents the political and economic convergence of different peripheries of the world; "In Latin America, Chinese vaccine diplomacy is directly challenging US’s declining authority," Scroll.in; 7/16/20; https://scroll.in/article/1000114/in-latin-america-chinese-vaccine-diplomacy-is-directly-challenging-uss-declining-authority~~ Justin AND "bad" and more concerned with the concrete opportunities different choices offer. Collapse of the liberal order causes extinction.Yulis 17 ~Max; Major in PoliSci, Penn Political Review; "In Defense of Liberal Internationalism," Penn Political Review; 4/8/17; http://pennpoliticalreview.org/2017/04/in-defense-of-liberal-internationalism/~~ Re-Cut Justin AND limelight to advocate the virtues of peace, stability, and human rights. Yes transition wars—-both sides miscalculate.Min-hyung Kim 20. Department of Political Science and International Relations, Kyung Hee University, Seoul, South Korea. "A real driver of US–China trade conflict: The Sino–US competition for global hegemony and its implications for the future" Emerald Insight. 02-04-2019. https://www.emerald.com/insight/content/doi/10.1108/ITPD-02-2019-003/full/html Re-Cut Justin AND its hegemony such as reducing its commitments abroad and appeasing a rising challenger. | 9/11/21 |
SO- AC Kant v5Tournament: Greenhill | Round: 3 | Opponent: Prospect ST | Judge: Freedman,William FramingEthics must begin a priori:~A~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.~B~ Empirical uncertainty – evil demon could deceive us, dreaming, simulation, and inability to know others’ experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~C~ Constitutive Authority – practical reason is the only unescapable authority because to ask for why we should be reasoners concedes its authority since it uses reason – anything else is nonbinding and arbitrary.Next, the relevant feature of reason is universality – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others which also means universalizability acts as a side constraint on all other frameworks. It’s impossible to will a violation of freedom since deciding to do would will incompatible ends since it logically entails willing a violation of your own freedomThus, the standard is consistency with the categorical imperative. Prefer:~1~ Performativity—freedom is the key to the process of justification of arguments. Willing that we should abide by their ethical theory presupposes that we own ourselves in the first place. Thus, it is logically incoherent to justify a standard without first willing that we can pursue ends free from others.~2~ Consequences Fail: ~A~ Every action has infinite stemming consequences, because every consequence can cause another consequence so we can’t predict or calculate. ~B~ Aggregation fails – suffering is not additive can’t compare between one migraine and 10 head aches~4~ Ethical frameworks are topicality interpretations of the word ought so they must be theoretically justified. Prefer on resource disparities—focusing on evidence and statistics privileges debaters with the most preround prep excluding lone-wolfs who lack huge evidence files. A debater under my framework can easily be won without any prep since minimal evidence is required. That controls the internal link to other voters because a pre-req to debating is access to the activity.AdvocacyResolved: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines.Enforcement is to eliminate all IPR for medicinesBaker 16 Brook Baker (Professor of Law, Northeastern University. He is a senior policy analyst for Health GAP (Global Access Project) and is actively engaged in campaigns for universal access to treatment, prevention, and care for people living with HIV/AIDS, especially expanded and improved medical treatment. He has written and consulted extensively on intellectual property rights, trade, access to medicines and medicines regulatory policy, including with the African Union, NEPAD, Uganda, ASEAN, Thailand, Indonesia, Venezuela, CARICOM, UK DfID, the World Health Organization, the Millennium Development Goals Project, the Global Fund to Fight AIDS, Tuberculosis and Malaria, Open Society Institute, UNDP, UNITAID, the Medicines Patent Pool, the Global Commission on HIV and the Law, and others). and Health GAP, Contribution to the United Nations Secretary-General's High-Level Panel on Access to Medicines, February 26, 2016, http://www.unsgaccessmeds.org/inbox/2016/2/26/z73kpodxk4jw96mhqe2tivq0sdl g3v/ AND and attributional interests of inventors and creators can be met through other means. Offense1~ Property rights minimize the opportunity of innovation which limits individual freedom through creating monopolies. They also limit the use of tangible objects such as medicines for good purposes.Cernea and Uszkai 12 Cernea, Mihail-Valentin, and Radu Uszkai. The Clash between Global Justice and Pharmaceutical Patents: A Critical Analysis. 2012, the-clash-between-global-justice-and-drug-patents-a-critical-analysis.pdf. SJEP AND use of tangible objects which we acquired fully in line with market rules. 2~ IPP unjustifiably restricts agents from setting and pursuing ends in healthcare because patents prevent people from taking part in scientific advancements in medicine – that violates freedom in multiple waysHale 18 (Zachary Hale, 4-4-2018, accessed on 8-22-2021, The Arkansas Journal of Social Change and Public Service, "Patently Unfair: The Tensions Between Human Rights and Intellectual Property Protection - The Arkansas Journal of Social Change and Public Service", https://ualr.edu/socialchange/2018/04/04/patently-unfair/) BHHS AK AND to the most fundamental of all human rights: the right to life. UVThe role of the ballot is to determine whether the resolution is a true or false statement – anything else moots 6 minutes of the aff and exacerbates the 13-7 rebuttal skew so I should be able to compensate by choosing framing – it’s the most logical since you don’t say vote for the player who shoots the most 3 points, the better player wins.The ballot says vote aff or neg based on a topic and five dictionaries define to negate as to deny the truth of and affirm as to prove true which means it’s constitutive and jurisdictional. Denying jurisdiction denies the judge’s obligation to vote for the winner so hack against them if they contest it since you then have an inverse jurisdictional obligation. Affirm means to strongly agree with and I strongly agree with the resolution.~1~ Presumption and permissibility affirm –~a~ Statements are true before false since if I told you my name, you’d believe me.~b~ Epistemics – we wouldn’t be able to start a strand of reasoning since we’d have to question that reason.~c~ Otherwise we’d have to have a proactive justification to do things like drink water.~d~ If anything is permissible, then definitionally so is the aff since there is nothing that prevents us from doing it.1AR theory is legit – anything else means infinite abuse – drop the debater, competing interps, no rvis– 1AR is too short to make up for the time trade-off – no RVIs or 2NR theory and paradigm issues– 6 min 2NR means they can brute force me every time. Aff theory first – it’s a much larger strategic loss because 1min is ¼ of the 1AR vs 1/7 of the 1NC which means there’s more abuse if I’m devoting a larger fraction of time.1~ Resolved is defined as firm in purpose or intent; determined and I’m determined.2~ NC Theory –A~ It’s drop the argument since the 1AC speaks in the dark and violates countless bidirectional interps no matter what so we shouldn’t be punished for it.B~ Reasonability since the 1AR is too short to effectively win offense against a 6-minute 2nr dump.C~ Affirm means to express agreement and you already know I do.D~ Yes RVIs – k2 topic edu by deterring friv violations and forces negs to think twice before skewing the 1AR since they know each shell is another split in the 2N, also k2 reciprocity – T is a unique avenue to the ballot that the aff can’t access – makes T structurally unfair without the RVI which kills fairness.E~ Text over spirit – it’s the only predictable form of clash because we can’t verify what the spirit of an interp is3~ Theory or K indicts on spikes is drop the arg a~ my theory paradigms are simply presented models for debate4~ If I win one layer vote aff- The NC has the ability to uplayer for 7 minutes and moot 6 minutes of case5~ The neg may not read meta-theory – I only have time to check abuse 1 time but you can do it in the NC and 2N, up-layering my attempt means we never get to the best norm. This means reject any reason why an aff spike is bad since they claim aff theory is unfair.6~ First, what the neg reads doesn’t prove the resolution false, but challenges an assumption of it. Secondly, statements which make assumptions like the ballot should be read as a tacit conditional which is an if p then q statement. Thirdly, for all conditionals, if the antecedent is false, then the conditional as a whole is true.Adv- Vaccine DiplomacyAmerican vaccine diplomacy is failing in Latin America – that allows for Chinese influence. Only the plan can return the world back to a US led order.Carman and Carl 6/15 ~Ezequiel and Joseph; Argentine lawyer and global health and trade policy consultant. Previously, he served as a legal advisor to the Ministry of Justice of Buenos Aires, an assistant professor of international public law at the Universidad Católica Argentina, and a research assistant at the O’Neill Institute for National and Global Health Law; Graduate of Liberty University, where he studied international relations and strategic international studies. He has worked for the U.S. Department of State and the Heritage Foundation; "A U.S. vaccine diplomacy strategy for Latin America and the Caribbean," Global Americans; 6/15/21; https://theglobalamericans.org/2021/06/a-u-s-vaccine-diplomacy-strategy-for-latin-america-and-the-caribbean/~~ Justin AND do not align with the diplomatic and economic interests of the United States. It's not over – Latin America is still skeptical of Chinese aid but lack of US presence means it’s the only choice – try or die to capitalize on this weakness.Kneip 8/10 ~Lucie; Student at the University of Notre Dame studying Political Science and Global Affairs. Her research interests include U.S. foreign policy and democratization, civil and criminal warfare, and the intersection of religion and politics; "China’s Vaccine Diplomacy in Latin America," The Diplomat; 8/10/21; https://thediplomat.com/2021/08/chinas-vaccine-diplomacy-in-latin-america/~~ Justin AND Washington has an opportunity to rebound by increasing the pace of vaccine donations. Chinese influence ends the liberal order.Cossu 7/16 ~Elena; Early-stage researcher for the MSCA Innovative Training Network FATIGUE, PhD candidate in economics at Corvinus University of Budapest and recently finished her year as a visiting researcher at University College London and at the European Bank for Reconstruction and Development. Elena comes from a place culturally in between Germany and Italy. She has also had experience working in Greece, France, Latin America, Thailand, and Hungary. Elena is passionate about political and economic inequalities between states, and about understanding what prevents the political and economic convergence of different peripheries of the world; "In Latin America, Chinese vaccine diplomacy is directly challenging US’s declining authority," Scroll.in; 7/16/20; https://scroll.in/article/1000114/in-latin-america-chinese-vaccine-diplomacy-is-directly-challenging-uss-declining-authority~~ Justin AND "bad" and more concerned with the concrete opportunities different choices offer. Collapse of the liberal order causes extinction.Yulis 17 ~Max; Major in PoliSci, Penn Political Review; "In Defense of Liberal Internationalism," Penn Political Review; 4/8/17; http://pennpoliticalreview.org/2017/04/in-defense-of-liberal-internationalism/~~ Re-Cut Justin AND limelight to advocate the virtues of peace, stability, and human rights. Yes transition wars—-both sides miscalculate.Min-hyung Kim 20. Department of Political Science and International Relations, Kyung Hee University, Seoul, South Korea. "A real driver of US–China trade conflict: The Sino–US competition for global hegemony and its implications for the future" Emerald Insight. 02-04-2019. https://www.emerald.com/insight/content/doi/10.1108/ITPD-02-2019-003/full/html Re-Cut Justin AND its hegemony such as reducing its commitments abroad and appeasing a rising challenger. Adv- CovidOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development – neg objections miss the boat.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Yes scale-up for covid.Erfani et al 21 ~Parsa; Lawrence Gostin; Vanessa Kerry; Parsa Erfani is a Fogarty Global Health Scholar at Harvard Medical School and the University of Global Health Equity. Lawrence Gostin is a professor at Georgetown University Law Center, director of the school’s O’Neill Institute for National and Global Health Law, and director of the World Health Organization Center on National and Global Health Law. Vanessa Kerry is a critical care physician at Massachusetts General Hospital, director of the Program for Global Public Policy at Harvard Medical School, and CEO of Seed Global Health, a nonprofit that trains health workers in countries with critical shortages; "Beyond a symbolic gesture: What’s needed to turn the IP waiver into Covid-19 vaccines," STAT; 5/19/21; https://www.statnews.com/2021/05/19/beyond-a-symbolic-gesture-whats-needed-to-turn-the-ip-waiver-into-covid-19-vaccines/~~ Justin AND to acquire the IP necessary for mRNA technologies— which is currently missing. Corona escalates security threats that cause extinction – cooperation thesis is wrong.Recna 21 ~Research Center for Nuclear Weapon Abolition; Nagasaki, Japan; "Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report," Journal for Peace and Nuclear Disarmament; 5/28/21; https://www.tandfonline.com/doi/full/10.1080/25751654.2021.1890867~~ Justin AND by nuclear threat, with cascading effects on the risk of nuclear war. | 9/18/21 |
SO- AC Kant v6Tournament: Greenhill | Round: Doubles | Opponent: Harker RM | Judge: Panel 1ACFramingEthics must begin a priori:~A~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.~B~ Empirical uncertainty – evil demon could deceive us, dreaming, simulation, and inability to know others’ experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~C~ Constitutive Authority – practical reason is the only unescapable authority because to ask for why we should be reasoners concedes its authority since it uses reason – anything else is nonbinding and arbitrary.Next, the relevant feature of reason is universality – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others which also means universalizability acts as a side constraint on all other frameworks. It’s impossible to will a violation of freedom since deciding to do would will incompatible ends since it logically entails willing a violation of your own freedomThus, the standard is consistency with the categorical imperative. Prefer:~1~ Performativity—freedom is the key to the process of justification of arguments. Willing that we should abide by their ethical theory presupposes that we own ourselves in the first place. Thus, it is logically incoherent to justify a standard without first willing that we can pursue ends free from others.~2~ Consequences Fail: ~A~ Every action has infinite stemming consequences, because every consequence can cause another consequence so we can’t predict or calculate. ~B~ Aggregation fails – suffering is not additive can’t compare between one migraine and 10 head aches~3~ Only universalizable reason can effectively explain the perspectives of agents – that’s the best method for combatting oppression.Farr 02 Arnold Farr (prof of phil @ UKentucky, focusing on German idealism, philosophy of race, postmodernism, psychoanalysis, and liberation philosophy). "Can a Philosophy of Race Afford to Abandon the Kantian Categorical Imperative?" JOURNAL of SOCIAL PHILOSOPHY, Vol. 33 No. 1, Spring 2002, 17–32. AND choosing my maxims I attempt to include the perspective of other moral agents. ~4~ Ethical frameworks are topicality interpretations of the word ought so they must be theoretically justified. Prefer on resource disparities—focusing on evidence and statistics privileges debaters with the most preround prep excluding lone-wolfs who lack huge evidence files. A debater under my framework can easily be won without any prep since minimal evidence is required. That controls the internal link to other voters because a pre-req to debating is access to the activity.5~ Drop them if they read ethics based in preservation–it creates a survival-at-all-costs mentality that justifies violence and makes debate unsafe.Callahan 73 Daniel Callahan, Fellow at the Institute of Society and Ethics, 1973 The Tyranny of Survival, Pages 91-93) SJCPJG AND survival. It would be the Pyrrhic victory to end all Pyrrhic victories. AdvocacyResolved: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines.Enforcement is to eliminate all IPR for medicinesBaker 16 Brook Baker (Professor of Law, Northeastern University. He is a senior policy analyst for Health GAP (Global Access Project) and is actively engaged in campaigns for universal access to treatment, prevention, and care for people living with HIV/AIDS, especially expanded and improved medical treatment. He has written and consulted extensively on intellectual property rights, trade, access to medicines and medicines regulatory policy, including with the African Union, NEPAD, Uganda, ASEAN, Thailand, Indonesia, Venezuela, CARICOM, UK DfID, the World Health Organization, the Millennium Development Goals Project, the Global Fund to Fight AIDS, Tuberculosis and Malaria, Open Society Institute, UNDP, UNITAID, the Medicines Patent Pool, the Global Commission on HIV and the Law, and others). and Health GAP, Contribution to the United Nations Secretary-General's High-Level Panel on Access to Medicines, February 26, 2016, http://www.unsgaccessmeds.org/inbox/2016/2/26/z73kpodxk4jw96mhqe2tivq0sdl g3v/ AND and attributional interests of inventors and creators can be met through other means. Offense1~ The categorical imperative rejects the idea of intellectual property as it suppresses freedom by preventing others from innovating and suppressing speech in the name of a copyright.Pievatolo 10 Pievatolo, Maria. "Freedom, Ownership and Copyright: Why Does Kant Reject the Concept of Intellectual Property?" Freedom, Ownership and Copyright: Why Does Kant Reject the Concept of Intellectual Property?, 7 Feb. 2010, bfp.sp.unipi.it/chiara/lm/kantpisa1.html. SJEP AND to the Roman Law tradition because of conservatism, but because of Enlightenment. 2~ Property rights can’t be universalizable when they forgo the opportunity for an individual to access their own freedom. Medical patents restrict an individual to pursue freedom from death by foreclosing treatment.Merges 11 Merges, Robert P. Justifying Intellectual Property. Harvard University Press, 2011. SJEP AND given Kant’s text and the problem of pharmaceutical patents as I understand it. 3~ Property rights minimize the opportunity of innovation which limits individual freedom through creating monopolies. They also limit the use of tangible objects such as medicines for good purposes.Cernea and Uszkai 12 Cernea, Mihail-Valentin, and Radu Uszkai. The Clash between Global Justice and Pharmaceutical Patents: A Critical Analysis. 2012, the-clash-between-global-justice-and-drug-patents-a-critical-analysis.pdf. SJEP AND use of tangible objects which we acquired fully in line with market rules. 4~ IPP unjustifiably restricts agents from setting and pursuing ends in healthcare because patents prevent people from taking part in scientific advancements in medicine – that violates freedom in multiple waysHale 18 (Zachary Hale, 4-4-2018, accessed on 8-22-2021, The Arkansas Journal of Social Change and Public Service, "Patently Unfair: The Tensions Between Human Rights and Intellectual Property Protection - The Arkansas Journal of Social Change and Public Service", https://ualr.edu/socialchange/2018/04/04/patently-unfair/) BHHS AK AND to the most fundamental of all human rights: the right to life. UV~1~ Presumption and permissibility affirm –~a~ Statements are true before false since if I told you my name, you’d believe me.~b~ Epistemics – we wouldn’t be able to start a strand of reasoning since we’d have to question that reason.~c~ Otherwise we’d have to have a proactive justification to do things like drink water.~d~ If anything is permissible, then definitionally so is the aff since there is nothing that prevents us from doing it.2~ 1AR theory is legit otherwise the neg can be infinitely abusive and there would be no way to check back against that.Competing interps – rzn is artbitrary and invites judge intervention and race to the top1AR theory is drop the debater – a 4 minute 1AR doesn’t have time to win both theory and substance – you must be punished.No RVI on 1AR theory-It would be impossible to check back against neg abuse because the 2NR could just spend 6 minutes railing on the theory debate and the aff couldn’t winAdv- CovidOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development – neg objections miss the boat.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Yes scale-up for covid.Erfani et al 21 ~Parsa; Lawrence Gostin; Vanessa Kerry; Parsa Erfani is a Fogarty Global Health Scholar at Harvard Medical School and the University of Global Health Equity. Lawrence Gostin is a professor at Georgetown University Law Center, director of the school’s O’Neill Institute for National and Global Health Law, and director of the World Health Organization Center on National and Global Health Law. Vanessa Kerry is a critical care physician at Massachusetts General Hospital, director of the Program for Global Public Policy at Harvard Medical School, and CEO of Seed Global Health, a nonprofit that trains health workers in countries with critical shortages; "Beyond a symbolic gesture: What’s needed to turn the IP waiver into Covid-19 vaccines," STAT; 5/19/21; https://www.statnews.com/2021/05/19/beyond-a-symbolic-gesture-whats-needed-to-turn-the-ip-waiver-into-covid-19-vaccines/~~ Justin AND to acquire the IP necessary for mRNA technologies— which is currently missing. Corona escalates security threats that cause extinction – cooperation thesis is wrong.Recna 21 ~Research Center for Nuclear Weapon Abolition; Nagasaki, Japan; "Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report," Journal for Peace and Nuclear Disarmament; 5/28/21; https://www.tandfonline.com/doi/full/10.1080/25751654.2021.1890867~~ Justin AND by nuclear threat, with cascading effects on the risk of nuclear war. Adv- Vaccine DiplomacyAmerican vaccine diplomacy is failing in Latin America – that allows for Chinese influence. Only the plan can return the world back to a US led order.Carman and Carl 6/15 ~Ezequiel and Joseph; Argentine lawyer and global health and trade policy consultant. Previously, he served as a legal advisor to the Ministry of Justice of Buenos Aires, an assistant professor of international public law at the Universidad Católica Argentina, and a research assistant at the O’Neill Institute for National and Global Health Law; Graduate of Liberty University, where he studied international relations and strategic international studies. He has worked for the U.S. Department of State and the Heritage Foundation; "A U.S. vaccine diplomacy strategy for Latin America and the Caribbean," Global Americans; 6/15/21; https://theglobalamericans.org/2021/06/a-u-s-vaccine-diplomacy-strategy-for-latin-america-and-the-caribbean/~~ Justin AND industry and and re-establish its leadership role among the Western powers. It's not over – Latin America is still skeptical of Chinese aid but lack of US presence means it’s the only choice – try or die to capitalize on this weakness.Kneip 8/10 ~Lucie; Student at the University of Notre Dame studying Political Science and Global Affairs. Her research interests include U.S. foreign policy and democratization, civil and criminal warfare, and the intersection of religion and politics; "China’s Vaccine Diplomacy in Latin America," The Diplomat; 8/10/21; https://thediplomat.com/2021/08/chinas-vaccine-diplomacy-in-latin-america/~~ Justin AND Washington has an opportunity to rebound by increasing the pace of vaccine donations. Chinese influence ends the liberal order.Cossu 7/16 ~Elena; Early-stage researcher for the MSCA Innovative Training Network FATIGUE, PhD candidate in economics at Corvinus University of Budapest and recently finished her year as a visiting researcher at University College London and at the European Bank for Reconstruction and Development. Elena comes from a place culturally in between Germany and Italy. She has also had experience working in Greece, France, Latin America, Thailand, and Hungary. Elena is passionate about political and economic inequalities between states, and about understanding what prevents the political and economic convergence of different peripheries of the world; "In Latin America, Chinese vaccine diplomacy is directly challenging US’s declining authority," Scroll.in; 7/16/20; https://scroll.in/article/1000114/in-latin-america-chinese-vaccine-diplomacy-is-directly-challenging-uss-declining-authority~~ Justin AND yet fundamentally different in philosophy. Collapse of the liberal order causes extinction.Yulis 17 ~Max; Major in PoliSci, Penn Political Review; "In Defense of Liberal Internationalism," Penn Political Review; 4/8/17; http://pennpoliticalreview.org/2017/04/in-defense-of-liberal-internationalism/~~ Re-Cut Justin AND limelight to advocate the virtues of peace, stability, and human rights. Yes transition wars—-both sides miscalculate.Min-hyung Kim 20. Department of Political Science and International Relations, Kyung Hee University, Seoul, South Korea. "A real driver of US–China trade conflict: The Sino–US competition for global hegemony and its implications for the future" Emerald Insight. 02-04-2019. https://www.emerald.com/insight/content/doi/10.1108/ITPD-02-2019-003/full/html Re-Cut Justin AND its hegemony such as reducing its commitments abroad and appeasing a rising challenger. | 9/19/21 |
SO- AC Kant v7Tournament: Valley | Round: 3 | Opponent: Walt Whitman EY | Judge: Matuszeski, Ian 1ACFramingEthics must begin a priori:~A~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.~B~ Empirical uncertainty – evil demon could deceive us, dreaming, simulation, and inability to know others’ experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~C~ Constitutive Authority – practical reason is the only unescapable authority because to ask for why we should be reasoners concedes its authority since it uses reason – anything else is nonbinding and arbitrary.Next, the relevant feature of reason is universality – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others which also means universalizability acts as a side constraint on all other frameworks. It’s impossible to will a violation of freedom since deciding to do would will incompatible ends since it logically entails willing a violation of your own freedomThus, the standard is consistency with the categorical imperative. Prefer:~1~ Performativity—freedom is the key to the process of justification of arguments. Willing that we should abide by their ethical theory presupposes that we own ourselves in the first place. Thus, it is logically incoherent to justify a standard without first willing that we can pursue ends free from others.~2~ Consequences Fail: ~A~ Every action has infinite stemming consequences, because every consequence can cause another consequence so we can’t predict or calculate. ~B~ Induction is circular because it relies on the assumption that nature will hold uniform and we could only reach that conclusion through inductive reasoning based on observation of past events. ~C~ Aggregation fails – suffering is not additive can’t compare between one migraine and 10 head achesImpact calc: ~A~ There’s an act/omission distinction – otherwise we’d be held infinitely culpable for every omission which kills any conception of morality ~3~ Ethical frameworks are topicality interpretations of the word ought so they must be theoretically justified. Prefer on resource disparities—focusing on evidence and statistics privileges debaters with the most preround prep excluding lone-wolfs who lack huge evidence files. A debater under my framework can easily be won without any prep since minimal evidence is required. That controls the internal link to other voters because a pre-req to debating is access to the activity.
AdvocacyResolved: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines.Enforcement is to eliminate all IPR for medicinesBaker 16 Brook Baker (Professor of Law, Northeastern University. He is a senior policy analyst for Health GAP (Global Access Project) and is actively engaged in campaigns for universal access to treatment, prevention, and care for people living with HIV/AIDS, especially expanded and improved medical treatment. He has written and consulted extensively on intellectual property rights, trade, access to medicines and medicines regulatory policy, including with the African Union, NEPAD, Uganda, ASEAN, Thailand, Indonesia, Venezuela, CARICOM, UK DfID, the World Health Organization, the Millennium Development Goals Project, the Global Fund to Fight AIDS, Tuberculosis and Malaria, Open Society Institute, UNDP, UNITAID, the Medicines Patent Pool, the Global Commission on HIV and the Law, and others). and Health GAP, Contribution to the United Nations Secretary-General's High-Level Panel on Access to Medicines, February 26, 2016, http://www.unsgaccessmeds.org/inbox/2016/2/26/z73kpodxk4jw96mhqe2tivq0sdl g3v/ AND and attributional interests of inventors and creators can be met through other means. Offense1~ Property rights minimize the opportunity of innovation which limits individual freedom through creating monopolies. They also limit the use of tangible objects such as medicines for good purposes.Cernea and Uszkai 12 Cernea, Mihail-Valentin, and Radu Uszkai. The Clash between Global Justice and Pharmaceutical Patents: A Critical Analysis. 2012, the-clash-between-global-justice-and-drug-patents-a-critical-analysis.pdf. SJEP AND use of tangible objects which we acquired fully in line with market rules. 2~ IPP unjustifiably restricts agents from setting and pursuing ends in healthcare because patents prevent people from taking part in scientific advancements in medicine – that violates freedom in multiple waysHale 18 (Zachary Hale, 4-4-2018, accessed on 8-22-2021, The Arkansas Journal of Social Change and Public Service, "Patently Unfair: The Tensions Between Human Rights and Intellectual Property Protection - The Arkansas Journal of Social Change and Public Service", https://ualr.edu/socialchange/2018/04/04/patently-unfair/) BHHS AK AND to the most fundamental of all human rights: the right to life. ~2~ IPP is inconsistent with free market principlesKinsella 11 (Stephan Kinsella, 5-25-2011, accessed on 8-23-2021, Foundation for Economic Education, "How Intellectual Property Hampers the Free Market | N. Stephan Kinsella", https://fee.org/articles/how-intellectual-property-hampers-the-free-market/) BHHS AK AND own property. Is that compatible with private property and the free market? That affirms: Free market economies are the only ones that allow people to be free to pursue their own interests.Richman 12 ~Sheldon Richman, 8-5-2012, "The Free Market Doesn't Need Government Regulation," Reason, https://reason.com/2012/08/05/the-free-market-doesnt-need-government-r/~~ SJ AME AND people in the market care about. Not so regulation by market forces. ~3~ Contesting offense under the Aff framework is a voting issue. Reciprocity – I have to win my framework and beat the NC before I can access case, whereas you can collapse to either layer or dump on offense for 7 minutes as a no-risk issue so there’s a skew. Key to fairness because it’s definitionally equal access to the ballot.ROBUse comparative worlds –A~ topic ed – forces the neg to research the topic instead of low quality rez flaw args – the only benefit to debate is making us better arguers not perfect logiciansB~ reciprocity – truth-testing allows the neg to disprove any part of the aff, but the aff has to defend every part, which gives the neg too much groundC~ inclusion – truth testing says rez is only thing that’s relevant which excludes ks – either only the rez matters so we can’t punish slurs, or people should get dropped for making debate unsafe which proves other things matterUV~1~ Presumption and permissibility affirm –~a~ Statements are true before false since if I told you my name, you’d believe me.~b~ Epistemics – we wouldn’t be able to start a strand of reasoning since we’d have to question that reason.~c~ Otherwise we’d have to have a proactive justification to do things like drink water.~d~ If anything is permissible, then definitionally so is the aff since there is nothing that prevents us from doing it.2~ 1AR theory is legit – anything else means infinite abuse – drop the debater, competing interps, no rvis– 1AR is too short to make up for the time trade-off – no RVIs or 2NR theory and paradigm issues– 6 min 2NR means they can brute force me every time. Aff theory first – it’s a much larger strategic loss because 1min is ¼ of the 1AR vs 1/7 of the 1NC which means there’s more abuse if I’m devoting a larger fraction of time.3~ NC Theory –A~ It’s drop the argument since the 1AC speaks in the dark and violates countless bidirectional interps no matter what so we shouldn’t be punished for it.B~ Reasonability since the 1AR is too short to effectively win offense against a 6-minute 2nr dump.C~ Yes RVIs – k2 topic edu by deterring friv violations and forces negs to think twice before skewing the 1AR since they know each shell is another split in the 2N, also k2 reciprocity – T is a unique avenue to the ballot that the aff can’t access – makes T structurally unfair without the RVI which kills fairness.4~ Theory or K indicts on spikes is drop the arg a~ my theory paradigms are simply presented models for debate5~ If I win one layer vote aff- The NC has the ability to uplayer for 7 minutes and moot 6 minutes of case6~ The neg may not read meta-theory – I only have time to check abuse 1 time but you can do it in the NC and 2N, up-layering my attempt means we never get to the best norm. This means reject any reason why an aff spike is bad since they claim aff theory is unfair.7~ First, what the neg reads doesn’t prove the resolution false, but challenges an assumption of it. Secondly, statements which make assumptions like the ballot should be read as a tacit conditional which is an if p then q statement. Thirdly, for all conditionals, if the antecedent is false, then the conditional as a whole is true.AdvOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Current vaccination rates aren’t enough to meet targets – expansion of vaccine nationalism and imperialist exploitation.Jimenez 9/22 ~Darcy; 9/22/21; Healthcare Reporter; "Big pharma fuelling human rights crisis over Covid-19 vaccine inequity, says Amnesty," Pharmaceutical Technology, https://www.pharmaceutical-technology.com/features/big-pharma-human-rights-crisis-vaccine-covid-19-inequity-amnesty/~~ Justin AND by the end of 2022. "Profits should never come before lives." Yes scale-up for COVID.—-AT: IP already waived AND other people’s" problem. It is not. It is our problem. That escalates security threats – extinction.RECNA et al. 21 ~Research Center for Nuclear Weapon Abolition; Nagasaki, Japan; "Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report," Journal for Peace and Nuclear Disarmament; 5/28/21; https://www.tandfonline.com/doi/full/10.1080/25751654.2021.1890867~~ Justin AND by nuclear threat, with cascading effects on the risk of nuclear war. | 9/25/21 |
SO- AC Kant v8Tournament: St Marks | Round: 4 | Opponent: Loyola IB | Judge: Barquin, Joseph 1ACFramingEthics must begin a priori:~A~ Naturalistic fallacy – experience only tells us what is since we can only perceive what is, not what ought to be. But it’s impossible to derive an ought from descriptive premises, so there needs to be additional a priori premises to make a moral theory.~B~ Empirical uncertainty – evil demon could deceive us, dreaming, simulation, and inability to know others’ experience make empiricism an unreliable basis for universal ethics. Outweighs since it would be escapable since people could say they don’t experience the same.~C~ Constitutive Authority – practical reason is the only unescapable authority because to ask for why we should be reasoners concedes its authority since it uses reason – anything else is nonbinding and arbitrary.Next, the relevant feature of reason is universality – any non-universalizable norm justifies someone’s ability to impede on your ends i.e. if I want to eat ice cream, I must recognize that others may affect my pursuit of that end and demand the value of my end be recognized by others which also means universalizability acts as a side constraint on all other frameworks. It’s impossible to will a violation of freedom since deciding to do would will incompatible ends since it logically entails willing a violation of your own freedomThus, the standard is consistency with the categorical imperative. Prefer:~1~ Performativity—freedom is the key to the process of justification of arguments. Willing that we should abide by their ethical theory presupposes that we own ourselves in the first place. Thus, it is logically incoherent to justify a standard without first willing that we can pursue ends free from others.~2~ Consequences Fail: ~A~ Every action has infinite stemming consequences, because every consequence can cause another consequence so we can’t predict or calculate. ~B~ Aggregation fails – suffering is not additive can’t compare between one migraine and 10 head aches~3~ Only universalizable reason can effectively explain the perspectives of agents – that’s the best method for combatting oppression.Farr 02 Arnold Farr (prof of phil @ UKentucky, focusing on German idealism, philosophy of race, postmodernism, psychoanalysis, and liberation philosophy). "Can a Philosophy of Race Afford to Abandon the Kantian Categorical Imperative?" JOURNAL of SOCIAL PHILOSOPHY, Vol. 33 No. 1, Spring 2002, 17–32. AND choosing my maxims I attempt to include the perspective of other moral agents. 5~ Drop them if they read ethics based in preservation–it creates a survival-at-all-costs mentality that justifies violence and makes debate unsafe.Callahan 73 Daniel Callahan, Fellow at the Institute of Society and Ethics, 1973 The Tyranny of Survival, Pages 91-93) SJCPJG AND survival. It would be the Pyrrhic victory to end all Pyrrhic victories. AdvocacyResolved: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines.Enforcement is to eliminate all IPR for medicinesBaker 16 Brook Baker (Professor of Law, Northeastern University. He is a senior policy analyst for Health GAP (Global Access Project) and is actively engaged in campaigns for universal access to treatment, prevention, and care for people living with HIV/AIDS, especially expanded and improved medical treatment. He has written and consulted extensively on intellectual property rights, trade, access to medicines and medicines regulatory policy, including with the African Union, NEPAD, Uganda, ASEAN, Thailand, Indonesia, Venezuela, CARICOM, UK DfID, the World Health Organization, the Millennium Development Goals Project, the Global Fund to Fight AIDS, Tuberculosis and Malaria, Open Society Institute, UNDP, UNITAID, the Medicines Patent Pool, the Global Commission on HIV and the Law, and others). and Health GAP, Contribution to the United Nations Secretary-General's High-Level Panel on Access to Medicines, February 26, 2016, http://www.unsgaccessmeds.org/inbox/2016/2/26/z73kpodxk4jw96mhqe2tivq0sdl g3v/ AND and attributional interests of inventors and creators can be met through other means. Offense1~ The categorical imperative rejects the idea of intellectual property as it suppresses freedom by preventing others from innovating and suppressing speech in the name of a copyright.Pievatolo 10 Pievatolo, Maria. "Freedom, Ownership and Copyright: Why Does Kant Reject the Concept of Intellectual Property?" Freedom, Ownership and Copyright: Why Does Kant Reject the Concept of Intellectual Property?, 7 Feb. 2010, bfp.sp.unipi.it/chiara/lm/kantpisa1.html. SJEP AND to the Roman Law tradition because of conservatism, but because of Enlightenment. 2~ Property rights can’t be universalizable when they forgo the opportunity for an individual to access their own freedom. Medical patents restrict an individual to pursue freedom from death by foreclosing treatment.Merges 11 Merges, Robert P. Justifying Intellectual Property. Harvard University Press, 2011. SJEP AND given Kant’s text and the problem of pharmaceutical patents as I understand it. 3~ Property rights minimize the opportunity of innovation which limits individual freedom through creating monopolies. They also limit the use of tangible objects such as medicines for good purposes.Cernea and Uszkai 12 Cernea, Mihail-Valentin, and Radu Uszkai. The Clash between Global Justice and Pharmaceutical Patents: A Critical Analysis. 2012, the-clash-between-global-justice-and-drug-patents-a-critical-analysis.pdf. SJEP AND use of tangible objects which we acquired fully in line with market rules. 4~ IPP unjustifiably restricts agents from setting and pursuing ends in healthcare because patents prevent people from taking part in scientific advancements in medicine – that violates freedom in multiple waysHale 18 (Zachary Hale, 4-4-2018, accessed on 8-22-2021, The Arkansas Journal of Social Change and Public Service, "Patently Unfair: The Tensions Between Human Rights and Intellectual Property Protection - The Arkansas Journal of Social Change and Public Service", https://ualr.edu/socialchange/2018/04/04/patently-unfair/) BHHS AK AND to the most fundamental of all human rights: the right to life. UV~1~ Presumption and permissibility affirm –~a~ Statements are true before false since if I told you my name, you’d believe me.~b~ Epistemics – we wouldn’t be able to start a strand of reasoning since we’d have to question that reason.~c~ Otherwise we’d have to have a proactive justification to do things like drink water.~d~ If anything is permissible, then definitionally so is the aff since there is nothing that prevents us from doing it.2~ 1AR theory is legit otherwise the neg can be infinitely abusive and there would be no way to check back against that.Competing interps – rzn is artbitrary and invites judge intervention and race to the topCovid AdvOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Delays alter the trajectory of case numbers – CPs miss the boat because patents were never designed for emergencies.Kelly 9/23 ~Christine; 9/23/21; Infectious diseases doctor, clinical fellow in public health virology and founding member of Doctors for Vaccine Equity; "Government must support waiver of Covid vaccine patents," The Irish Times, https://www.irishtimes.com/opinion/government-must-support-waiver-of-covid-vaccine-patents-1.4682160~~ Justin AND were never designed for use during global emergencies such as wars or pandemics." Current vaccination rates aren’t enough to meet targets – expansion of vaccine nationalism and imperialist exploitation.Jimenez 9/22 ~Darcy; 9/22/21; Healthcare Reporter; "Big pharma fuelling human rights crisis over Covid-19 vaccine inequity, says Amnesty," Pharmaceutical Technology, https://www.pharmaceutical-technology.com/features/big-pharma-human-rights-crisis-vaccine-covid-19-inequity-amnesty/~~ Justin AND by the end of 2022. "Profits should never come before lives." Yes scale-up for COVID.—-AT: IP already waived AND other people’s" problem. It is not. It is our problem. Independently strategic patenting harms innovation incentives during pandemics – encourages reproduction of generics and decrease breakthroughs.Gurgula 20 ~Olga; Lecturer in Intellectual Property Law at Brunel Law School, Brunel University London. She is also a Visiting Fellow at the Oxford Martin Programme on Affordable Medicines, University of Oxford; "Strategic Patenting by Pharmaceutical Companies – Should Competition Law Intervene?" Springer Link; 10/28/20; https://link.springer.com/article/10.1007/s40319-020-00985-0~~#Sec4~~ Justin AND at blocking follow-on innovation by competitors should raise competition law concerns. That escalates security threats – extinction.—-AT: Cooperation Thesis AND by nuclear threat, with cascading effects on the risk of nuclear war. COVID is a definitive determiner of conflict – negative statistics are short-term and don’t evaluate long-term impacts of instability.ICG 20 ~International Crises Group; 3/24/2020; The International Crisis Group is an independent organisation working to prevent wars and shape policies that will build a more peaceful world. We sound the alarm to prevent deadly conflict. We build support for the good governance and inclusive politics that enable societies to flourish. We engage directly with a range of conflict actors to seek and share information, and to encourage intelligent action for peace; "COVID-19 and Conflict: Seven Trends to Watch," ICG, https://www.crisisgroup.org/global/sb4-covid-19-and-conflict-seven-trends-watch~~ Justin AND Against this background of social pressures, there is ample room for political leaders | 10/17/21 |
SO- AC Pandemics v1Tournament: Loyola | Round: 1 | Opponent: Harrison AA | Judge: Le, Truman 1AC1AC – Adv – PandemicsOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development – neg objections miss the boat.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Yes scale-up for covid.Erfani et al 21 ~Parsa; Lawrence Gostin; Vanessa Kerry; Parsa Erfani is a Fogarty Global Health Scholar at Harvard Medical School and the University of Global Health Equity. Lawrence Gostin is a professor at Georgetown University Law Center, director of the school’s O’Neill Institute for National and Global Health Law, and director of the World Health Organization Center on National and Global Health Law. Vanessa Kerry is a critical care physician at Massachusetts General Hospital, director of the Program for Global Public Policy at Harvard Medical School, and CEO of Seed Global Health, a nonprofit that trains health workers in countries with critical shortages; "Beyond a symbolic gesture: What’s needed to turn the IP waiver into Covid-19 vaccines," STAT; 5/19/21; https://www.statnews.com/2021/05/19/beyond-a-symbolic-gesture-whats-needed-to-turn-the-ip-waiver-into-covid-19-vaccines/~~ Justin AND to acquire the IP necessary for mRNA technologies— which is currently missing. Studies show that vaccine distribution solve COVID. Reject any ev that don’t assume vaccine nationalism.Compares two models of HARs and LARs AND study strongly supports that ethical position showing that stockpiling will undermine global health." Independently strategic patenting harms innovation incentives during pandemics – encourages reproduction of generics and decrease breakthroughs.Gurgula 20 ~Olga; Lecturer in Intellectual Property Law at Brunel Law School, Brunel University London. She is also a Visiting Fellow at the Oxford Martin Programme on Affordable Medicines, University of Oxford; "Strategic Patenting by Pharmaceutical Companies – Should Competition Law Intervene?" Springer Link; 10/28/20; https://link.springer.com/article/10.1007/s40319-020-00985-0~~#Sec4~~ Justin AND at blocking follow-on innovation by competitors should raise competition law concerns. Corona escalates security threats that cause extinction – cooperation thesis is wrong.Recna 21 ~Research Center for Nuclear Weapon Abolition; Nagasaki, Japan; "Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report," Journal for Peace and Nuclear Disarmament; 5/28/21; https://www.tandfonline.com/doi/full/10.1080/25751654.2021.1890867~~ Justin AND by nuclear threat, with cascading effects on the risk of nuclear war. Nuclear detonations cause nuclear winter and extinction, and the rainout effect is wrong – self-lofting means soot goes above the cloudsStarr 15 Steven Starr, 10-14-2015, "Nuclear War, Nuclear Winter, and Human Extinction," Federation Of American Scientists, ~Steven Starr is the director of the University of Missouri’s Clinical Laboratory Science Program, as well as a senior scientist at the Physicians for Social Responsibility. He has been published in the Bulletin of the Atomic Scientists and the Strategic Arms Reduction (STAR) website of the Moscow Institute of Physics and Technology.~, https://fas.org/pir-pubs/nuclear-war-nuclear-winter-and-human-extinction/, SJBE AND engage in an unwinnable academic debate as to whether any humans will survive. 1AC – PlanPlan text: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines during pandemics.Enforcement through limited IP waivers solve – patent term extensions are normal means and solves innovation and scale-up.Young and Potts-Szeliga 21 ~Roberta; Counsel in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Los Angeles; Jamaica Potts-Szeliga; Partner in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Washington, DC. She also provides advice on FDA regulatory issues and is part of the firm’s Health Care, Life Sciences, and Pharmaceuticals team; "A Third Option: Limited IP Waiver Could Solve Our Pandemic Vaccine Problems," IP Watch Dog; 7/21/21; https://www.ipwatchdog.com/2021/07/21/third-option-limited-ip-waiver-solve-pandemic-vaccine-problems/id=135732/~~ Justin AND deter the technological investment to create life-saving solutions in the future. The plan is critical to boosting WTO legitimacy.Navnit 21 ~Brajendra; Ambassador and Permanent Representative of India to WTO; "Science has delivered, will the WTO deliver?" Helsinki Times; 1/18/21; https://www.helsinkitimes.fi/columns/columns/viewpoint/18561-science-has-delivered-will-the-wto-deliver.html~~ Justin AND A rating" for Availability only. Our future generations deserve nothing less. WTO cred solves wars that go nuclear.Hamann 09 ~Georgia; 2009; J.D. Candidate, Vanderbilt University Law School; "Replacing Slingshots with Swords: Implications of the Antigua-Gambling 22.6 Panel Report for Developing Countries and the World Trading System," VANDERBILT JOURNAL OF TRANSNATIONAL LAW, http://www.jogoremoto.pt/docs/extra/duqJ53.pdf~~ Justin AND keenly aware of the responsibility they have to uphold the organization’s credibility.108 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 actionsMoen 16, Ole Martin (PhD, Research Fellow in Philosophy at University of Oslo). "An Argument for Hedonism." Journal of Value Inquiry 50.2 (2016): 267. AND notion of legal standing will outstrip the power relations that ground Pettit’s theory. 4~ Extinction outweighsMacAskill 14 ~William, Oxford Philosopher and youngest tenured philosopher in the world, Normative Uncertainty, 2014~ AND with the benefit of keeping one’s options open while one gains new information. Underview1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. It’s drop the debater since the 1ar is too short to win both theory and substance. No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. Competing interps since reasonability is arbitrary and bites judge intervention.2~ Apocalyptic images challenge dominant power structures to create futures of social justiceJessica Hurley 17, Assistant Professor in the Humanities at the University of Chicago, "Impossible Futures: Fictions of Risk in the Longue Durée", Duke University Press, https://read.dukeupress.edu/american-literature/article/89/4/761/132823/Impossible-Futures-Fictions-of-Risk-in-the-Longue AND of the world. Just wait long enough. Stranger things will happen.¶ 3~ Youth participatory action research enables transformative resistance and is crucial to make activism workCammarota and Fine 08 AND means by which young people engage transformational resistance. (1-4) 4~ The aff is at the heart of the global south’s demands—-only governmental pressure creates the momentum necessary to fight profit motives and white nationalism.Hassan 21 ~Fatima; South African social justice activist and human rights lawyer. She worked on HIV/AIDS medicine access advocacy and litigation for many years with the AIDS Law Project and for the Treatment Action Campaign, clerked at the Constitutional Court of South Africa, served as special advisor to South Africa’s former minister of health and public enterprises, and is the founder and current head of the Health Justice Initiative based in Cape Town; "Don’t Let Drug Companies Create a System of Vaccine Apartheid," FP; 2/23/21; https://foreignpolicy.com/2021/02/23/dont-let-drug-companies-create-a-system-of-vaccine-apartheid/~~ Justin AND -19 medical products are accessible and affordable for everyone who needs them." 5~ Disease securitization is uniquely good to mobilize action.Mastroianni 17 ~Brian Mastroianni; Covers science and technology for CBSNews.com; "We are not ready": Experts warn world is unprepared for next Ebola-size outbreak," 3/16/17; CBS News; http://www.cbsnews.com/news/study-says-world-underprepared-ebola-level-outbreaks/~~ Elmer Re-Cut Justin AND $60 billion a year in losses from future pandemics could be avoided. 7~ Alt actor fiat is a voting issue:a~ ground – moots the entire aff since you can just fiat an actor responsible for aff harms which means the aff can never weigh the caseb~ advocacy skills – in the real world we have to debate desirability with the actors we’re given, not assume other random people can solve the harmsc~ limits – there are infinite number of alt actors which means I can never reasonably predict which one you could read.Fairness is a voter- debate is a competitive activity that requires objective evaluationCI, DTD – anything else allows them to violate which moots the purpose of the shellNo RVI on 1AC theory- incentivizes a 7 minute 1NC dump that kills aff strat | 9/4/21 |
SO- AC Pandemics v2Tournament: Greenhill | Round: 5 | Opponent: Sequoia AS | Judge: Yi, David 1AC1AC – Adv – Vaccine DiplomacyAmerican vaccine diplomacy is failing in Latin America – that allows for Chinese influence. Only the plan can return the world back to a US led order.Carman and Carl 6/15 ~Ezequiel and Joseph; Argentine lawyer and global health and trade policy consultant. Previously, he served as a legal advisor to the Ministry of Justice of Buenos Aires, an assistant professor of international public law at the Universidad Católica Argentina, and a research assistant at the O’Neill Institute for National and Global Health Law; Graduate of Liberty University, where he studied international relations and strategic international studies. He has worked for the U.S. Department of State and the Heritage Foundation; "A U.S. vaccine diplomacy strategy for Latin America and the Caribbean," Global Americans; 6/15/21; https://theglobalamericans.org/2021/06/a-u-s-vaccine-diplomacy-strategy-for-latin-america-and-the-caribbean/~~ Justin AND industry and and re-establish its leadership role among the Western powers. Latin America is still skeptical of Chinese aid but lack of US presence means it’s the only choice – recent influence means it’s try or die to capitalize on this weakness. AND Since early June, case and death rates in Uruguay have steadily declined. Chinese influence ends the liberal order. AND "bad" and more concerned with the concrete opportunities different choices offer. Collapse of the liberal order causes extinction. AND limelight to advocate the virtues of peace, stability, and human rights. Yes transition wars—-both sides miscalculate. AND its hegemony such as reducing its commitments abroad and appeasing a rising challenger. Chinese diplomatic influence escalates. AND and Napoleonic France have often ended, sooner or later, in war. 1AC – Adv – Pandemics Only the plan can solve covid access – inequalities heighten the risk of mutations and uneven development – neg objections miss the boat. AND , from trade-offs to pressurising, to make the waiver happen. Yes scale-up for covid. AND to acquire the IP necessary for mRNA technologies— which is currently missing. Corona escalates security threats that cause extinction – cooperation thesis is wrong. AND by nuclear threat, with cascading effects on the risk of nuclear war. 1AC - Plan Plan text: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines during pandemics. Enforcement through limited IP waivers solve – patent term extensions are normal means and solves innovation and scale-up. AND deter the technological investment to create life-saving solutions in the future. The plan is critical to boosting WTO legitimacy. AND A rating" for Availability only. Our future generations deserve nothing less. WTO cred solves wars that go nuclear. AND keenly aware of the responsibility they have to uphold the organization’s credibility.108 1AC – Framing The 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 life 3~ 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 actions AND notion of legal standing will outstrip the power relations that ground Pettit’s theory. 4~ Extinction outweighs AND with the benefit of keeping one’s options open while one gains new information. Underview 1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. It’s drop the debater since the 1ar is too short to win both theory and substance. No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. Competing interps since reasonability is arbitrary and bites judge intervention. 2~ Apocalyptic images challenge dominant power structures to create futures of social justice AND of the world. Just wait long enough. Stranger things will happen.¶ 3~ Youth participatory action research enables transformative resistance and is crucial to make activism work AND means by which young people engage transformational resistance. (1-4) 4~ Evolutionary analysis proves offensive realism. AND in which human brains and behaviors evolved. But what was that context? 5~ Gains are limited but they are still gains—denouncing action because we are on stolen land is scholarly lazy AND sovereignty stands tall on lands defined by industry as an "energy corridor."¶ | 9/19/21 |
SO- AC Pandemics v3Tournament: Greenhill | Round: Octas | Opponent: Harrison AA | Judge: Panel 1AC1AC – Adv – Vaccine DiplomacyAmerican vaccine diplomacy is failing in Latin America – that allows for Chinese influence. Only the plan can return the world back to a US led order.Carman and Carl 6/15 ~Ezequiel and Joseph; Argentine lawyer and global health and trade policy consultant. Previously, he served as a legal advisor to the Ministry of Justice of Buenos Aires, an assistant professor of international public law at the Universidad Católica Argentina, and a research assistant at the O’Neill Institute for National and Global Health Law; Graduate of Liberty University, where he studied international relations and strategic international studies. He has worked for the U.S. Department of State and the Heritage Foundation; "A U.S. vaccine diplomacy strategy for Latin America and the Caribbean," Global Americans; 6/15/21; https://theglobalamericans.org/2021/06/a-u-s-vaccine-diplomacy-strategy-for-latin-america-and-the-caribbean/~~ Justin AND industry and and re-establish its leadership role among the Western powers. Latin America is still skeptical of Chinese aid but lack of US presence means it’s the only choice – recent influence means it’s try or die to capitalize on this weakness. AND Since early June, case and death rates in Uruguay have steadily declined. Chinese influence ends the liberal order. AND "bad" and more concerned with the concrete opportunities different choices offer. Collapse of the liberal order causes extinction. AND limelight to advocate the virtues of peace, stability, and human rights. Yes transition wars—-both sides miscalculate. AND its hegemony such as reducing its commitments abroad and appeasing a rising challenger. Chinese diplomatic influence escalates. AND and Napoleonic France have often ended, sooner or later, in war. 1AC – Adv – Pandemics Only the plan can solve covid access – inequalities heighten the risk of mutations and uneven development – neg objections miss the boat. AND , from trade-offs to pressurising, to make the waiver happen. Yes scale-up for covid. AND to acquire the IP necessary for mRNA technologies— which is currently missing. Corona escalates security threats that cause extinction – cooperation thesis is wrong. AND by nuclear threat, with cascading effects on the risk of nuclear war. 1AC - Plan Plan text: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines during pandemics. Enforcement through limited IP waivers solve – patent term extensions are normal means and solves innovation and scale-up. AND deter the technological investment to create life-saving solutions in the future. The plan is critical to boosting WTO legitimacy. AND A rating" for Availability only. Our future generations deserve nothing less. WTO cred solves wars that go nuclear. AND keenly aware of the responsibility they have to uphold the organization’s credibility.108 1AC – Framing The 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 life 3~ 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 actions AND notion of legal standing will outstrip the power relations that ground Pettit’s theory. 4~ Extinction outweighs AND with the benefit of keeping one’s options open while one gains new information. Underview 1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. It’s drop the debater since the 1ar is too short to win both theory and substance. No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. Competing interps since reasonability is arbitrary and bites judge intervention. 2~ Apocalyptic images challenge dominant power structures to create futures of social justice AND of the world. Just wait long enough. Stranger things will happen.¶ 3~ Youth participatory action research enables transformative resistance and is crucial to make activism work AND means by which young people engage transformational resistance. (1-4) 4~ Evolutionary analysis proves offensive realism. AND in which human brains and behaviors evolved. But what was that context? 5~ Capitalism thesis is incorrect – connection between Race and Cap is circumstantial not necessary AND means? Or are they just against racial capitalism, whatever it means? | 9/24/21 |
SO- AC Pandemics v5Tournament: Valley RR | Round: 4 | Opponent: Murphy AW | Judge: Panel 1AC1AC – Adv – Vaccine DiplomacyAmerican vaccine diplomacy is failing in Latin America – that allows for Chinese influence. Only the plan can return the world back to a US led order.Carman and Carl 6/15 ~Ezequiel and Joseph; Argentine lawyer and global health and trade policy consultant. Previously, he served as a legal advisor to the Ministry of Justice of Buenos Aires, an assistant professor of international public law at the Universidad Católica Argentina, and a research assistant at the O’Neill Institute for National and Global Health Law; Graduate of Liberty University, where he studied international relations and strategic international studies. He has worked for the U.S. Department of State and the Heritage Foundation; "A U.S. vaccine diplomacy strategy for Latin America and the Caribbean," Global Americans; 6/15/21; https://theglobalamericans.org/2021/06/a-u-s-vaccine-diplomacy-strategy-for-latin-america-and-the-caribbean/~~ Justin AND industry and and re-establish its leadership role among the Western powers. Latin America is still skeptical of Chinese aid but lack of US presence means it’s the only choice – recent influence means it’s try or die to capitalize on this weakness.Raimundo 9/3 ~Joshua; 9/3/21; Graduate of the World Journalism Institute; "China peddles influence with vaccines," World Tour, https://wng.org/roundups/china-peddles-influence-with-vaccines-1630687161~~ Justin AND Since early June, case and death rates in Uruguay have steadily declined. Chinese influence ends the liberal order.Cossu 7/16 ~Elena; Early-stage researcher for the MSCA Innovative Training Network FATIGUE, PhD candidate in economics at Corvinus University of Budapest and recently finished her year as a visiting researcher at University College London and at the European Bank for Reconstruction and Development. Elena comes from a place culturally in between Germany and Italy. She has also had experience working in Greece, France, Latin America, Thailand, and Hungary. Elena is passionate about political and economic inequalities between states, and about understanding what prevents the political and economic convergence of different peripheries of the world; "In Latin America, Chinese vaccine diplomacy is directly challenging US’s declining authority," Scroll.in; 7/16/21; https://scroll.in/article/1000114/in-latin-america-chinese-vaccine-diplomacy-is-directly-challenging-uss-declining-authority~~ Justin AND "bad" and more concerned with the concrete opportunities different choices offer. Collapse of the liberal order causes extinction.Yulis 17 ~Max; Major in PoliSci, Penn Political Review; "In Defense of Liberal Internationalism," Penn Political Review; 4/8/17; http://pennpoliticalreview.org/2017/04/in-defense-of-liberal-internationalism/~~ Re-Cut Justin AND limelight to advocate the virtues of peace, stability, and human rights. Yes transition wars—-both sides miscalculate.Min-hyung Kim 20. Department of Political Science and International Relations, Kyung Hee University, Seoul, South Korea. "A real driver of US–China trade conflict: The Sino–US competition for global hegemony and its implications for the future" Emerald Insight. 02-04-2019. https://www.emerald.com/insight/content/doi/10.1108/ITPD-02-2019-003/full/html Re-Cut Justin AND its hegemony such as reducing its commitments abroad and appeasing a rising challenger. Chinese diplomatic influence escalates.Brands 20 ~Hal; Henry A. Kissinger Distinguished Professor of Global Affairs at the Johns Hopkins School of Advanced International Studies (SAIS), a resident scholar at the American Enterprise Institute, and a Bloomberg Opinion columnist; "Don’t Let Great Powers Carve Up the World Spheres of Influence Are Unnecessary and Dangerous," Foreign Affairs; 4/20/20; https://www.foreignaffairs.com/articles/china/2020-04-20/dont-let-great-powers-carve-world~~ Justin AND and Napoleonic France have often ended, sooner or later, in war. 1AC – Adv – PandemicsOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development – neg objections miss the boat.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Yes scale-up for covid.Erfani et al 21 ~Parsa; Lawrence Gostin; Vanessa Kerry; Parsa Erfani is a Fogarty Global Health Scholar at Harvard Medical School and the University of Global Health Equity. Lawrence Gostin is a professor at Georgetown University Law Center, director of the school’s O’Neill Institute for National and Global Health Law, and director of the World Health Organization Center on National and Global Health Law. Vanessa Kerry is a critical care physician at Massachusetts General Hospital, director of the Program for Global Public Policy at Harvard Medical School, and CEO of Seed Global Health, a nonprofit that trains health workers in countries with critical shortages; "Beyond a symbolic gesture: What’s needed to turn the IP waiver into Covid-19 vaccines," STAT; 5/19/21; https://www.statnews.com/2021/05/19/beyond-a-symbolic-gesture-whats-needed-to-turn-the-ip-waiver-into-covid-19-vaccines/~~ Justin AND to acquire the IP necessary for mRNA technologies— which is currently missing. Independently strategic patenting harms innovation incentives during pandemics – encourages reproduction of generics and decrease breakthroughs.Gurgula 20 ~Olga; Lecturer in Intellectual Property Law at Brunel Law School, Brunel University London. She is also a Visiting Fellow at the Oxford Martin Programme on Affordable Medicines, University of Oxford; "Strategic Patenting by Pharmaceutical Companies – Should Competition Law Intervene?" Springer Link; 10/28/20; https://link.springer.com/article/10.1007/s40319-020-00985-0~~#Sec4~~ Justin AND at blocking follow-on innovation by competitors should raise competition law concerns. Corona escalates security threats that cause extinction – cooperation thesis is wrong.Recna 21 ~Research Center for Nuclear Weapon Abolition; Nagasaki, Japan; "Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report," Journal for Peace and Nuclear Disarmament; 5/28/21; https://www.tandfonline.com/doi/full/10.1080/25751654.2021.1890867~~ Justin AND by nuclear threat, with cascading effects on the risk of nuclear war. COVID is a definitive determiner of conflict – negative statistics are short-term and don’t evaluate long-term impacts of instability.ICG 20 ~International Crises Group; 3/24/2020; The International Crisis Group is an independent organisation working to prevent wars and shape policies that will build a more peaceful world. We sound the alarm to prevent deadly conflict. We build support for the good governance and inclusive politics that enable societies to flourish. We engage directly with a range of conflict actors to seek and share information, and to encourage intelligent action for peace; "COVID-19 and Conflict: Seven Trends to Watch," ICG, https://www.crisisgroup.org/global/sb4-covid-19-and-conflict-seven-trends-watch~~ Justin AND surge of public discontent if they cannot keep COVID-19 in check. 1AC - PlanPlan text: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines during pandemics.Enforcement through limited IP waivers solve – patent term extensions are normal means and solves innovation and scale-up.Young and Potts-Szeliga 21 ~Roberta; Counsel in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Los Angeles; Jamaica Potts-Szeliga; Partner in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Washington, DC. She also provides advice on FDA regulatory issues and is part of the firm’s Health Care, Life Sciences, and Pharmaceuticals team; "A Third Option: Limited IP Waiver Could Solve Our Pandemic Vaccine Problems," IP Watch Dog; 7/21/21; https://www.ipwatchdog.com/2021/07/21/third-option-limited-ip-waiver-solve-pandemic-vaccine-problems/id=135732/~~ Justin AND deter the technological investment to create life-saving solutions in the future. The plan is critical to boosting WTO legitimacy.Navnit 21 ~Brajendra; Ambassador and Permanent Representative of India to WTO; "Science has delivered, will the WTO deliver?" Helsinki Times; 1/18/21; https://www.helsinkitimes.fi/columns/columns/viewpoint/18561-science-has-delivered-will-the-wto-deliver.html~~ Justin AND A rating" for Availability only. Our future generations deserve nothing less. WTO cred solves wars that go nuclear.Hamann 09 ~Georgia; 2009; J.D. Candidate, Vanderbilt University Law School; "Replacing Slingshots with Swords: Implications of the Antigua-Gambling 22.6 Panel Report for Developing Countries and the World Trading System," VANDERBILT JOURNAL OF TRANSNATIONAL LAW, http://www.jogoremoto.pt/docs/extra/duqJ53.pdf~~ Justin AND keenly aware of the responsibility they have to uphold the organization’s credibility.108 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 actionsMoen 16, Ole Martin (PhD, Research Fellow in Philosophy at University of Oslo). "An Argument for Hedonism." Journal of Value Inquiry 50.2 (2016): 267. AND notion of legal standing will outstrip the power relations that ground Pettit’s theory. 4~ Extinction outweighsMacAskill 14 ~William, Oxford Philosopher and youngest tenured philosopher in the world, Normative Uncertainty, 2014~ AND with the benefit of keeping one’s options open while one gains new information. Underview1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. It’s drop the debater since the 1ar is too short to win both theory and substance. No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. Competing interps since reasonability is arbitrary and bites judge intervention.2~ Apocalyptic images challenge dominant power structures to create futures of social justiceJessica Hurley 17, Assistant Professor in the Humanities at the University of Chicago, "Impossible Futures: Fictions of Risk in the Longue Durée", Duke University Press, https://read.dukeupress.edu/american-literature/article/89/4/761/132823/Impossible-Futures-Fictions-of-Risk-in-the-Longue AND of the world. Just wait long enough. Stranger things will happen.¶ 3~ Youth participatory action research enables transformative resistance and is crucial to make activism workCammarota and Fine 08 AND means by which young people engage transformational resistance. (1-4) 4~ Evolutionary analysis proves offensive realism.Johnson and Thayer 16 – Dominic D. P. Johnson, D.Phil., Ph.D.* and Bradley A. Thayer, Ph.D., "The evolution of offensive realism Survival under anarchy from the Pleistocene to the present," https://www.cambridge.org/core/services/aop-cambridge-core/content/view/56B778004187F70B8E59609BE7FEE7A4/S073093841600006Xa.pdf/div-class-title-the-evolution-of-offensive-realism-div.pdf AND suggests that the behaviors characterized by offensive realism have broad and deep evolutionary roots | 9/24/21 |
SO- AC Pandemics v6Tournament: Valley RR | Round: 5 | Opponent: Lake Highland AV | Judge: Panel 1AC1AC – Adv – Vaccine DiplomacyAmerican vaccine diplomacy is failing in Latin America – that allows for Chinese influence. Only the plan can return the world back to a US led order.Carman and Carl 6/15 ~Ezequiel and Joseph; Argentine lawyer and global health and trade policy consultant. Previously, he served as a legal advisor to the Ministry of Justice of Buenos Aires, an assistant professor of international public law at the Universidad Católica Argentina, and a research assistant at the O’Neill Institute for National and Global Health Law; Graduate of Liberty University, where he studied international relations and strategic international studies. He has worked for the U.S. Department of State and the Heritage Foundation; "A U.S. vaccine diplomacy strategy for Latin America and the Caribbean," Global Americans; 6/15/21; https://theglobalamericans.org/2021/06/a-u-s-vaccine-diplomacy-strategy-for-latin-america-and-the-caribbean/~~ Justin AND industry and and re-establish its leadership role among the Western powers. Latin America is still skeptical of Chinese aid but lack of US presence means it’s the only choice – recent influence means it’s try or die to capitalize on this weakness.Raimundo 9/3 ~Joshua; 9/3/21; Graduate of the World Journalism Institute; "China peddles influence with vaccines," World Tour, https://wng.org/roundups/china-peddles-influence-with-vaccines-1630687161~~ Justin AND Since early June, case and death rates in Uruguay have steadily declined. Chinese influence ends the liberal order.Cossu 7/16 ~Elena; Early-stage researcher for the MSCA Innovative Training Network FATIGUE, PhD candidate in economics at Corvinus University of Budapest and recently finished her year as a visiting researcher at University College London and at the European Bank for Reconstruction and Development. Elena comes from a place culturally in between Germany and Italy. She has also had experience working in Greece, France, Latin America, Thailand, and Hungary. Elena is passionate about political and economic inequalities between states, and about understanding what prevents the political and economic convergence of different peripheries of the world; "In Latin America, Chinese vaccine diplomacy is directly challenging US’s declining authority," Scroll.in; 7/16/21; https://scroll.in/article/1000114/in-latin-america-chinese-vaccine-diplomacy-is-directly-challenging-uss-declining-authority~~ Justin AND "bad" and more concerned with the concrete opportunities different choices offer. Collapse of the liberal order causes extinction.Yulis 17 ~Max; Major in PoliSci, Penn Political Review; "In Defense of Liberal Internationalism," Penn Political Review; 4/8/17; http://pennpoliticalreview.org/2017/04/in-defense-of-liberal-internationalism/~~ Re-Cut Justin AND limelight to advocate the virtues of peace, stability, and human rights. Yes transition wars—-both sides miscalculate.Min-hyung Kim 20. Department of Political Science and International Relations, Kyung Hee University, Seoul, South Korea. "A real driver of US–China trade conflict: The Sino–US competition for global hegemony and its implications for the future" Emerald Insight. 02-04-2019. https://www.emerald.com/insight/content/doi/10.1108/ITPD-02-2019-003/full/html Re-Cut Justin AND its hegemony such as reducing its commitments abroad and appeasing a rising challenger. Chinese diplomatic influence escalates.Brands 20 ~Hal; Henry A. Kissinger Distinguished Professor of Global Affairs at the Johns Hopkins School of Advanced International Studies (SAIS), a resident scholar at the American Enterprise Institute, and a Bloomberg Opinion columnist; "Don’t Let Great Powers Carve Up the World Spheres of Influence Are Unnecessary and Dangerous," Foreign Affairs; 4/20/20; https://www.foreignaffairs.com/articles/china/2020-04-20/dont-let-great-powers-carve-world~~ Justin AND and Napoleonic France have often ended, sooner or later, in war. 1AC- Adv – PandemicsOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development – neg objections miss the boat.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Yes scale-up for covid.Erfani et al 21 ~Parsa; Lawrence Gostin; Vanessa Kerry; Parsa Erfani is a Fogarty Global Health Scholar at Harvard Medical School and the University of Global Health Equity. Lawrence Gostin is a professor at Georgetown University Law Center, director of the school’s O’Neill Institute for National and Global Health Law, and director of the World Health Organization Center on National and Global Health Law. Vanessa Kerry is a critical care physician at Massachusetts General Hospital, director of the Program for Global Public Policy at Harvard Medical School, and CEO of Seed Global Health, a nonprofit that trains health workers in countries with critical shortages; "Beyond a symbolic gesture: What’s needed to turn the IP waiver into Covid-19 vaccines," STAT; 5/19/21; https://www.statnews.com/2021/05/19/beyond-a-symbolic-gesture-whats-needed-to-turn-the-ip-waiver-into-covid-19-vaccines/~~ Justin AND to acquire the IP necessary for mRNA technologies— which is currently missing. Corona escalates security threats that cause extinction – cooperation thesis is wrong.Recna 21 ~Research Center for Nuclear Weapon Abolition; Nagasaki, Japan; "Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report," Journal for Peace and Nuclear Disarmament; 5/28/21; https://www.tandfonline.com/doi/full/10.1080/25751654.2021.1890867~~ Justin AND by nuclear threat, with cascading effects on the risk of nuclear war. COVID is a definitive determiner of conflict – negative statistics are short-term and don’t evaluate long-term impacts of instability.ICG 20 ~International Crises Group; 3/24/2020; The International Crisis Group is an independent organisation working to prevent wars and shape policies that will build a more peaceful world. We sound the alarm to prevent deadly conflict. We build support for the good governance and inclusive politics that enable societies to flourish. We engage directly with a range of conflict actors to seek and share information, and to encourage intelligent action for peace; "COVID-19 and Conflict: Seven Trends to Watch," ICG, https://www.crisisgroup.org/global/sb4-covid-19-and-conflict-seven-trends-watch~~ Justin AND surge of public discontent if they cannot keep COVID-19 in check. 1AC - PlanPlan text: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines during pandemics.Enforcement through limited IP waivers solve – patent term extensions are normal means and solves innovation and scale-up.Young and Potts-Szeliga 21 ~Roberta; Counsel in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Los Angeles; Jamaica Potts-Szeliga; Partner in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Washington, DC. She also provides advice on FDA regulatory issues and is part of the firm’s Health Care, Life Sciences, and Pharmaceuticals team; "A Third Option: Limited IP Waiver Could Solve Our Pandemic Vaccine Problems," IP Watch Dog; 7/21/21; https://www.ipwatchdog.com/2021/07/21/third-option-limited-ip-waiver-solve-pandemic-vaccine-problems/id=135732/~~ Justin AND deter the technological investment to create life-saving solutions in the future. The plan is critical to boosting WTO legitimacy.Navnit 21 ~Brajendra; Ambassador and Permanent Representative of India to WTO; "Science has delivered, will the WTO deliver?" Helsinki Times; 1/18/21; https://www.helsinkitimes.fi/columns/columns/viewpoint/18561-science-has-delivered-will-the-wto-deliver.html~~ Justin AND A rating" for Availability only. Our future generations deserve nothing less. WTO cred solves wars that go nuclear.Hamann 09 ~Georgia; 2009; J.D. Candidate, Vanderbilt University Law School; "Replacing Slingshots with Swords: Implications of the Antigua-Gambling 22.6 Panel Report for Developing Countries and the World Trading System," VANDERBILT JOURNAL OF TRANSNATIONAL LAW, http://www.jogoremoto.pt/docs/extra/duqJ53.pdf~~ Justin AND keenly aware of the responsibility they have to uphold the organization’s credibility.108 1AC – FramingThe standard is maximizing expected wellbeing-hedonistic act util1~ 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 actionsMoen 16, Ole Martin (PhD, Research Fellow in Philosophy at University of Oslo). "An Argument for Hedonism." Journal of Value Inquiry 50.2 (2016): 267. AND notion of legal standing will outstrip the power relations that ground Pettit’s theory. 4~ Extinction outweighsMacAskill 14 ~William, Oxford Philosopher and youngest tenured philosopher in the world, Normative Uncertainty, 2014~ AND with the benefit of keeping one’s options open while one gains new information. 5~ No intent-foresight distinction for states.Enoch 07 Enoch, D ~The Faculty of Law, The Hebrew Unviersity, Mount Scopus Campus, Jersusalem~. (2007). INTENDING, FORESEEING, AND THE STATE. Legal Theory, 13(02). doi:10.1017/s1352325207070048 https://www.cambridge.org/core/journals/legal-theory/article/intending-foreseeing-and-the-state/76B18896B94D5490ED0512D8E8DC54B2 AND against the intending-foreseeing distinction when applied to state action than elsewhere. 6~ Only consequentialism explains degrees of wrongness—if I break a promise to meet up for lunch, that is not as bad as breaking a promise to take a dying person to the hospital. Only the consequences of breaking the promise explain why the second one is much worse than the first which is the most intuitive.Outweighs- A~ Parsimony- metaphysics relies on long chains of questionable claims that make conclusions less likely. B~ Hijacks- intuitions are inevitable since even every framework must take some unjustified assumption as a starting point.7~ Calc indicts fail: A~ Ethics- it would indict everything since they use events to understand how their ethics have worked B~ Reciprocity- they are NIBs that create a 2:1 skew where I have to answer them to access offense while they only have to win one C~ Internalism- asking why we value pain and pleasure is nonsensical cuz the answer is intrinsic since we just do, which means we still prefer hedonism despite shortcomings.Underview1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. It’s drop the debater since the 1ar is too short to win both theory and substance. No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. Competing interps since 2NR has enough time to flesh out a proper CI3~ Reject skep/permissibility – it’s an abhorrent view of the world that makes the debate space horrible which ow on accessibility – making args in favor of an alternate ethic solves. 3~ But if its good- Permissibility and presumption affirm.A~ Freeze- otherwise we would not be able to justify morally neutral actions since there isn’t a prohibition and we would have to prove an obligation.B~ Trivialism- statements are true until proven false, if I told you my name you’d believe me.C~ Negation Theory- Negating requires a complete absence of an existing obligationNegate: to deny the existence of D~ The Law of Excluded Middles- if something is not false, it must be true, which means that if something is not prohibited, it must be obligatory, and permissibility is the same as obligatory. | 9/24/21 |
SO- AC Pandemics v7Tournament: Valley | Round: 5 | Opponent: Lexington BF | Judge: Robinson, Tajaih 1AC1AC – Adv – Vaccine DiplomacyAmerican vaccine diplomacy is failing in Latin America – that allows for Chinese influence. Only the plan can return the world back to a US led order.Carman and Carl 6/15 ~Ezequiel and Joseph; Argentine lawyer and global health and trade policy consultant. Previously, he served as a legal advisor to the Ministry of Justice of Buenos Aires, an assistant professor of international public law at the Universidad Católica Argentina, and a research assistant at the O’Neill Institute for National and Global Health Law; Graduate of Liberty University, where he studied international relations and strategic international studies. He has worked for the U.S. Department of State and the Heritage Foundation; "A U.S. vaccine diplomacy strategy for Latin America and the Caribbean," Global Americans; 6/15/21; https://theglobalamericans.org/2021/06/a-u-s-vaccine-diplomacy-strategy-for-latin-america-and-the-caribbean/~~ Justin AND industry and and re-establish its leadership role among the Western powers. Latin America is still skeptical of Chinese aid but lack of US presence means it’s the only choice – recent influence means it’s try or die to capitalize on this weakness.Raimundo 9/3 ~Joshua; 9/3/21; Graduate of the World Journalism Institute; "China peddles influence with vaccines," World Tour, https://wng.org/roundups/china-peddles-influence-with-vaccines-1630687161~~ Justin AND Since early June, case and death rates in Uruguay have steadily declined. Chinese influence ends the liberal order.Cossu 7/16 ~Elena; Early-stage researcher for the MSCA Innovative Training Network FATIGUE, PhD candidate in economics at Corvinus University of Budapest and recently finished her year as a visiting researcher at University College London and at the European Bank for Reconstruction and Development. Elena comes from a place culturally in between Germany and Italy. She has also had experience working in Greece, France, Latin America, Thailand, and Hungary. Elena is passionate about political and economic inequalities between states, and about understanding what prevents the political and economic convergence of different peripheries of the world; "In Latin America, Chinese vaccine diplomacy is directly challenging US’s declining authority," Scroll.in; 7/16/21; https://scroll.in/article/1000114/in-latin-america-chinese-vaccine-diplomacy-is-directly-challenging-uss-declining-authority~~ Justin AND "bad" and more concerned with the concrete opportunities different choices offer. Collapse of the liberal order causes extinction.Yulis 17 ~Max; Major in PoliSci, Penn Political Review; "In Defense of Liberal Internationalism," Penn Political Review; 4/8/17; http://pennpoliticalreview.org/2017/04/in-defense-of-liberal-internationalism/~~ Re-Cut Justin AND limelight to advocate the virtues of peace, stability, and human rights. Yes transition wars—-both sides miscalculate.Min-hyung Kim 20. Department of Political Science and International Relations, Kyung Hee University, Seoul, South Korea. "A real driver of US–China trade conflict: The Sino–US competition for global hegemony and its implications for the future" Emerald Insight. 02-04-2019. https://www.emerald.com/insight/content/doi/10.1108/ITPD-02-2019-003/full/html Re-Cut Justin AND its hegemony such as reducing its commitments abroad and appeasing a rising challenger. Chinese diplomatic influence escalates.Brands 20 ~Hal; Henry A. Kissinger Distinguished Professor of Global Affairs at the Johns Hopkins School of Advanced International Studies (SAIS), a resident scholar at the American Enterprise Institute, and a Bloomberg Opinion columnist; "Don’t Let Great Powers Carve Up the World Spheres of Influence Are Unnecessary and Dangerous," Foreign Affairs; 4/20/20; https://www.foreignaffairs.com/articles/china/2020-04-20/dont-let-great-powers-carve-world~~ Justin AND and Napoleonic France have often ended, sooner or later, in war. 1AC – Adv – PandemicsOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Delays alter the trajectory of case numbers – CPs miss the boat because patents were never designed for emergencies.Kelly 9/23 ~Christine; 9/23/21; Infectious diseases doctor, clinical fellow in public health virology and founding member of Doctors for Vaccine Equity; "Government must support waiver of Covid vaccine patents," The Irish Times, https://www.irishtimes.com/opinion/government-must-support-waiver-of-covid-vaccine-patents-1.4682160~~ Justin AND were never designed for use during global emergencies such as wars or pandemics." Current vaccination rates aren’t enough to meet targets – expansion of vaccine nationalism and imperialist exploitation.Jimenez 9/22 ~Darcy; 9/22/21; Healthcare Reporter; "Big pharma fuelling human rights crisis over Covid-19 vaccine inequity, says Amnesty," Pharmaceutical Technology, https://www.pharmaceutical-technology.com/features/big-pharma-human-rights-crisis-vaccine-covid-19-inequity-amnesty/~~ Justin AND by the end of 2022. "Profits should never come before lives." Yes scale-up for COVID.—-AT: IP already waived AND other people’s" problem. It is not. It is our problem. Independently strategic patenting harms innovation incentives during pandemics – encourages reproduction of generics and decrease breakthroughs.Gurgula 20 ~Olga; Lecturer in Intellectual Property Law at Brunel Law School, Brunel University London. She is also a Visiting Fellow at the Oxford Martin Programme on Affordable Medicines, University of Oxford; "Strategic Patenting by Pharmaceutical Companies – Should Competition Law Intervene?" Springer Link; 10/28/20; https://link.springer.com/article/10.1007/s40319-020-00985-0~~#Sec4~~ Justin AND at blocking follow-on innovation by competitors should raise competition law concerns. That escalates security threats – extinction.—-AT: Cooperation Thesis AND by nuclear threat, with cascading effects on the risk of nuclear war. COVID is a definitive determiner of conflict – negative statistics are short-term and don’t evaluate long-term impacts of instability.ICG 20 ~International Crises Group; 3/24/2020; The International Crisis Group is an independent organisation working to prevent wars and shape policies that will build a more peaceful world. We sound the alarm to prevent deadly conflict. We build support for the good governance and inclusive politics that enable societies to flourish. We engage directly with a range of conflict actors to seek and share information, and to encourage intelligent action for peace; "COVID-19 and Conflict: Seven Trends to Watch," ICG, https://www.crisisgroup.org/global/sb4-covid-19-and-conflict-seven-trends-watch~~ Justin AND surge of public discontent if they cannot keep COVID-19 in check. 1AC - PlanPlan text: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines during pandemics.Enforcement through limited IP waivers solve – patent term extensions are normal means and solves innovation and scale-up.Young and Potts-Szeliga 21 ~Roberta; Counsel in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Los Angeles; Jamaica Potts-Szeliga; Partner in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Washington, DC. She also provides advice on FDA regulatory issues and is part of the firm’s Health Care, Life Sciences, and Pharmaceuticals team; "A Third Option: Limited IP Waiver Could Solve Our Pandemic Vaccine Problems," IP Watch Dog; 7/21/21; https://www.ipwatchdog.com/2021/07/21/third-option-limited-ip-waiver-solve-pandemic-vaccine-problems/id=135732/~~ Justin AND deter the technological investment to create life-saving solutions in the future. 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 actionsMoen 16, Ole Martin (PhD, Research Fellow in Philosophy at University of Oslo). "An Argument for Hedonism." Journal of Value Inquiry 50.2 (2016): 267. AND notion of legal standing will outstrip the power relations that ground Pettit’s theory. 4~ Extinction outweighsMacAskill 14 ~William, Oxford Philosopher and youngest tenured philosopher in the world, Normative Uncertainty, 2014~ AND with the benefit of keeping one’s options open while one gains new information. Underview1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. It’s drop the debater since the 1ar is too short to win both theory and substance. No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. Competing interps since reasonability is arbitrary and bites judge intervention.3~ Youth participatory action research enables transformative resistance and is crucial to make activism workCammarota and Fine 08 AND means by which young people engage transformational resistance. (1-4) 4~ Evolutionary analysis proves offensive realism.Johnson and Thayer 16 – Dominic D. P. Johnson, D.Phil., Ph.D.* and Bradley A. Thayer, Ph.D., "The evolution of offensive realism Survival under anarchy from the Pleistocene to the present," https://www.cambridge.org/core/services/aop-cambridge-core/content/view/56B778004187F70B8E59609BE7FEE7A4/S073093841600006Xa.pdf/div-class-title-the-evolution-of-offensive-realism-div.pdf AND behavior evolved. This legacy heavily influences our decision-making and behavior today | 9/26/21 |
SO- AC Pandemics v8Tournament: Valley | Round: Octas | Opponent: Northern Valley JS | Judge: Panel 1ACAdv- PandemicsOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development – neg objections miss the boat.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Yes scale-up for covid.Erfani et al 21 ~Parsa; Lawrence Gostin; Vanessa Kerry; Parsa Erfani is a Fogarty Global Health Scholar at Harvard Medical School and the University of Global Health Equity. Lawrence Gostin is a professor at Georgetown University Law Center, director of the school’s O’Neill Institute for National and Global Health Law, and director of the World Health Organization Center on National and Global Health Law. Vanessa Kerry is a critical care physician at Massachusetts General Hospital, director of the Program for Global Public Policy at Harvard Medical School, and CEO of Seed Global Health, a nonprofit that trains health workers in countries with critical shortages; "Beyond a symbolic gesture: What’s needed to turn the IP waiver into Covid-19 vaccines," STAT; 5/19/21; https://www.statnews.com/2021/05/19/beyond-a-symbolic-gesture-whats-needed-to-turn-the-ip-waiver-into-covid-19-vaccines/~~ Justin AND to acquire the IP necessary for mRNA technologies— which is currently missing. Independently strategic patenting harms innovation incentives during pandemics – encourages reproduction of generics and decrease breakthroughs.Gurgula 20 ~Olga; Lecturer in Intellectual Property Law at Brunel Law School, Brunel University London. She is also a Visiting Fellow at the Oxford Martin Programme on Affordable Medicines, University of Oxford; "Strategic Patenting by Pharmaceutical Companies – Should Competition Law Intervene?" Springer Link; 10/28/20; https://link.springer.com/article/10.1007/s40319-020-00985-0~~#Sec4~~ Justin AND at blocking follow-on innovation by competitors should raise competition law concerns. Corona escalates security threats that cause extinction – cooperation thesis is wrong.Recna 21 ~Research Center for Nuclear Weapon Abolition; Nagasaki, Japan; "Pandemic Futures and Nuclear Weapon Risks: The Nagasaki 75th Anniversary pandemic-nuclear nexus scenarios final report," Journal for Peace and Nuclear Disarmament; 5/28/21; https://www.tandfonline.com/doi/full/10.1080/25751654.2021.1890867~~ Justin AND by nuclear threat, with cascading effects on the risk of nuclear war. Put your DAs away- the Aff o/wMacAskill 14 ~William, Oxford Philosopher and youngest tenured philosopher in the world, Normative Uncertainty, 2014~ AND with the benefit of keeping one’s options open while one gains new information. Adv- Vaccine DiplomacyAmerican vaccine diplomacy is failing in Latin America – that allows for Chinese influence. Only the plan can return the world back to a US led order.Carman and Carl 6/15 ~Ezequiel and Joseph; Argentine lawyer and global health and trade policy consultant. Previously, he served as a legal advisor to the Ministry of Justice of Buenos Aires, an assistant professor of international public law at the Universidad Católica Argentina, and a research assistant at the O’Neill Institute for National and Global Health Law; Graduate of Liberty University, where he studied international relations and strategic international studies. He has worked for the U.S. Department of State and the Heritage Foundation; "A U.S. vaccine diplomacy strategy for Latin America and the Caribbean," Global Americans; 6/15/21; https://theglobalamericans.org/2021/06/a-u-s-vaccine-diplomacy-strategy-for-latin-america-and-the-caribbean/~~ Justin AND industry and and re-establish its leadership role among the Western powers. Latin America is still skeptical of Chinese aid but lack of US presence means it’s the only choice – recent influence means it’s try or die to capitalize on this weakness.Raimundo 9/3 ~Joshua; 9/3/21; Graduate of the World Journalism Institute; "China peddles influence with vaccines," World Tour, https://wng.org/roundups/china-peddles-influence-with-vaccines-1630687161~~ Justin AND Since early June, case and death rates in Uruguay have steadily declined. Chinese influence ends the liberal order.Cossu 7/16 ~Elena; Early-stage researcher for the MSCA Innovative Training Network FATIGUE, PhD candidate in economics at Corvinus University of Budapest and recently finished her year as a visiting researcher at University College London and at the European Bank for Reconstruction and Development. Elena comes from a place culturally in between Germany and Italy. She has also had experience working in Greece, France, Latin America, Thailand, and Hungary. Elena is passionate about political and economic inequalities between states, and about understanding what prevents the political and economic convergence of different peripheries of the world; "In Latin America, Chinese vaccine diplomacy is directly challenging US’s declining authority," Scroll.in; 7/16/21; https://scroll.in/article/1000114/in-latin-america-chinese-vaccine-diplomacy-is-directly-challenging-uss-declining-authority~~ Justin AND "bad" and more concerned with the concrete opportunities different choices offer. Collapse of the liberal order causes extinction.Yulis 17 ~Max; Major in PoliSci, Penn Political Review; "In Defense of Liberal Internationalism," Penn Political Review; 4/8/17; http://pennpoliticalreview.org/2017/04/in-defense-of-liberal-internationalism/~~ Re-Cut Justin AND limelight to advocate the virtues of peace, stability, and human rights. Yes transition wars—-both sides miscalculate.Min-hyung Kim 20. Department of Political Science and International Relations, Kyung Hee University, Seoul, South Korea. "A real driver of US–China trade conflict: The Sino–US competition for global hegemony and its implications for the future" Emerald Insight. 02-04-2019. https://www.emerald.com/insight/content/doi/10.1108/ITPD-02-2019-003/full/html Re-Cut Justin AND its hegemony such as reducing its commitments abroad and appeasing a rising challenger. 1AC – PlanPlan text: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines during pandemics.Enforcement through limited IP waivers solve – patent term extensions are normal means and solves innovation and scale-up.Young and Potts-Szeliga 21 ~Roberta; Counsel in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Los Angeles; Jamaica Potts-Szeliga; Partner in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Washington, DC. She also provides advice on FDA regulatory issues and is part of the firm’s Health Care, Life Sciences, and Pharmaceuticals team; "A Third Option: Limited IP Waiver Could Solve Our Pandemic Vaccine Problems," IP Watch Dog; 7/21/21; https://www.ipwatchdog.com/2021/07/21/third-option-limited-ip-waiver-solve-pandemic-vaccine-problems/id=135732/~~ Justin AND deter the technological investment to create life-saving solutions in the future. IPP unjustifiably restricts agents from setting and pursuing ends in healthcare because patents prevent people from taking part in scientific advancements in medicine – that violates freedom in multiple waysHale 18 (Zachary Hale, 4-4-2018, accessed on 8-22-2021, The Arkansas Journal of Social Change and Public Service, "Patently Unfair: The Tensions Between Human Rights and Intellectual Property Protection - The Arkansas Journal of Social Change and Public Service", https://ualr.edu/socialchange/2018/04/04/patently-unfair/) BHHS AK AND to the most fundamental of all human rights: the right to life. Medical patents restrict an individual to pursue freedom from death by foreclosing treatment.Merges 11 Merges, Robert P. Justifying Intellectual Property. Harvard University Press, 2011. SJEP AND given Kant’s text and the problem of pharmaceutical patents as I understand it. Member nations of the WTO areCal Chamber ~"World Trade Organization," California Chamber of Commerce~ JL AND help producers of goods and services, exporters and importers conduct their business. To is an infinitive markerOxford n.d. ~"To," Oxford English Dictionary~ JL Reduce meansCambridge n.d. ~"Reduce," Cambridge English Dictionary~ JL Intellectual property protections areUSFG 14 ~(US Mission to International Organizations in Geneva) "Key Forms of Intellectual Property Protection," 4/24/2014~ JL AND enable owners, inventors and creators to protect their property from unauthorized use. For meansMerriam-Webster n.d. ~("For: Preposition," Merriam-Webster~ JL Medicine isLexico ND ~(Lexico dictionary) https://www.lexico.com/definition/medicine~~ BC FWThe standard is maximizing expected well-being – to clarify, saving lives. Calc indicts don’t link—my framework evaluates offense—pandemics is bad because as far as we know, it would cause suffering.1~ Death outweighs— A~ Agents can’t act if they fear for their bodily security—my framework constrains every NC and K and B~ It’s the worst form of evil:Paterson 3 – Department of Philosophy, Providence College, Rhode Island (Craig, "A Life Not Worth Living?", Studies in Christian Ethics. AND the person, the very source and condition of all human possibility.82 2~ Actor spec—governments must use util because they don’t have intentions and are constantly dealing with tradeoffs- takes out calc indicts since they are empirically denied.3~ No intent-foresight distinction for states.Enoch 07 Enoch, D ~The Faculty of Law, The Hebrew Unviersity, Mount Scopus Campus, Jersusalem~. (2007). INTENDING, FORESEEING, AND THE STATE. Legal Theory, 13(02). doi:10.1017/s1352325207070048 https://www.cambridge.org/core/journals/legal-theory/article/intending-foreseeing-and-the-state/76B18896B94D5490ED0512D8E8DC54B2 AND against the intending-foreseeing distinction when applied to state action than elsewhere. 4~ Only consequentialism explains degrees of wrongness—if I break a promise to meet up for lunch, that is not as bad as breaking a promise to take a dying person to the hospital. Only the consequences of breaking the promise explain why the second one is much worse than the first which is the most intuitive.Outweighs – A~ Parsimony- metaphysics relies on long chains of questionable claims that make conclusions less likely. B~ Hijacks- intuitions are inevitable since even every framework must take some unjustified assumption as a starting point.Impact calc –1~ Extinction outweighs: A~ Reversibility- it forecloses the alternative because we can’t improve society if we are all dead B~ Structural violence- death causes suffering because people can’t get access to resources and basic necessities C~ Objectivity- body count is the most objective way to calculate impacts because comparing suffering is unethical2~ Calc indicts fail: A~ Ethics- it would indict everything since they use events to understand how their ethics have worked B~ Reciprocity- they are NIBs that create a 2:1 skew where I have to answer them to access offense while they only have to win one CUV1~ 1AR theory is legit – anything else means infinite abuse – drop the debater, competing interps– 1AR are too short to make up for the time trade-off – no RVIs – 6 min 2NR means they can brute force me every time.2~ Reject skep/permissibility – it’s an abhorrent view of the world that makes the debate space horrible which ow on accessibility – making args in favor of an alternate ethic solves.3~ Permissibility and presumption affirm.A~ Freeze- otherwise we would not be able to justify morally neutral actions since there isn’t a prohibition and we would have to prove an obligation.B~ Trivialism- statements are true until proven false, if I told you my name you’d believe me.C~ Negation Theory- Negating requires a complete absence of an existing obligationNegate: to deny the existence of D~ The Law of Excluded Middles- if something is not false, it must be true, which means that if something is not prohibited, it must be obligatory, and permissibility is the same as obligatory.4~ Use comparative worlds – A~ topic ed – forces the neg to research the topic instead of low quality rez flaw args – the only benefit to debate is making us better arguers not perfect logicians, B~ reciprocity – truth-testing allows the neg to disprove any part of the aff, but the aff has to defend every part, which gives the neg too much ground, C~ inclusion – truth testing says rez is only thing that’s relevant which excludes ks – either only the rez matters so we can’t punish slurs, or people should get dropped for making debate unsafe which proves other things matter5~ Reasonability on 1NC theory with the brightline of link and impact turn ground – there are infinite bidirectional interps that I can never meet – the four minute 1AR doesn’t have enough time to line by line every argument, make offense, and go for substance. | 9/27/21 |
SO- AC Pandemics v9Tournament: St Marks | Round: 2 | Opponent: Harker AA | Judge: terrible 1AC – Adv – PandemicsOnly the plan can solve covid access – inequalities heighten the risk of mutations and uneven development.Kumar 21 ~Rajeesh; Associate Fellow at the Institute, currently working on a project titled "Emerging Powers and the Future of Global Governance: India and International Institutions." He has PhD in International Organization from Jawaharlal Nehru University, New Delhi. Prior to joining MP-IDSA in 2016, he taught at JamiaMilliaIslamia, New Delhi (2010-11and 2015-16) and University of Calicut, Kerala (2007-08). His areas of research interest are International Organizations, India and Multilateralism, Global Governance, and International Humanitarian Law. He is the co-editor of two books;Eurozone Crisis and the Future of Europe: Political Economy of Further Integration and Governance (London: Palgrave Macmillan, 2014); and Islam, Islamist Movements and Democracy in the Middle East: Challenges, Opportunities and Responses (Delhi: Global Vision Publishing, 2013); "WTO TRIPS Waiver and COVID-19 Vaccine Equity," IDSA Issue Briefs; https://idsa.in/issuebrief/wto-trips-waiver-covid-vaccine-rkumar-120721~~ Justin AND , from trade-offs to pressurising, to make the waiver happen. Delays alter the trajectory of case numbers – CPs miss the boat because patents were never designed for emergencies.Kelly 9/23 ~Christine; 9/23/21; Infectious diseases doctor, clinical fellow in public health virology and founding member of Doctors for Vaccine Equity; "Government must support waiver of Covid vaccine patents," The Irish Times, https://www.irishtimes.com/opinion/government-must-support-waiver-of-covid-vaccine-patents-1.4682160~~ Justin AND were never designed for use during global emergencies such as wars or pandemics." Current vaccination rates aren’t enough to meet targets – expansion of vaccine nationalism and imperialist exploitation.Jimenez 9/22 ~Darcy; 9/22/21; Healthcare Reporter; "Big pharma fuelling human rights crisis over Covid-19 vaccine inequity, says Amnesty," Pharmaceutical Technology, https://www.pharmaceutical-technology.com/features/big-pharma-human-rights-crisis-vaccine-covid-19-inequity-amnesty/~~ Justin AND by the end of 2022. "Profits should never come before lives." Yes scale-up for COVID.—-AT: IP already waived AND other people’s" problem. It is not. It is our problem. Independently strategic patenting harms innovation incentives during pandemics – encourages reproduction of generics and decrease breakthroughs.Gurgula 20 ~Olga; Lecturer in Intellectual Property Law at Brunel Law School, Brunel University London. She is also a Visiting Fellow at the Oxford Martin Programme on Affordable Medicines, University of Oxford; "Strategic Patenting by Pharmaceutical Companies – Should Competition Law Intervene?" Springer Link; 10/28/20; https://link.springer.com/article/10.1007/s40319-020-00985-0~~#Sec4~~ Justin AND at blocking follow-on innovation by competitors should raise competition law concerns. That escalates security threats – extinction.—-AT: Cooperation Thesis AND by nuclear threat, with cascading effects on the risk of nuclear war. COVID is a definitive determiner of conflict – negative statistics are short-term and don’t evaluate long-term impacts of instability.ICG 20 ~International Crises Group; 3/24/2020; The International Crisis Group is an independent organisation working to prevent wars and shape policies that will build a more peaceful world. We sound the alarm to prevent deadly conflict. We build support for the good governance and inclusive politics that enable societies to flourish. We engage directly with a range of conflict actors to seek and share information, and to encourage intelligent action for peace; "COVID-19 and Conflict: Seven Trends to Watch," ICG, https://www.crisisgroup.org/global/sb4-covid-19-and-conflict-seven-trends-watch~~ Justin AND surge of public discontent if they cannot keep COVID-19 in check. 1AC – PlanPlan text: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines during pandemicsEnforcement through limited IP waivers solve – patent term extensions are normal means and solves innovation and scale-up.Young and Potts-Szeliga 21 ~Roberta; Counsel in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Los Angeles; Jamaica Potts-Szeliga; Partner in Seyfarth’s Litigation department and Intellectual Property and Patent Litigation practice groups in Washington, DC. She also provides advice on FDA regulatory issues and is part of the firm’s Health Care, Life Sciences, and Pharmaceuticals team; "A Third Option: Limited IP Waiver Could Solve Our Pandemic Vaccine Problems," IP Watch Dog; 7/21/21; https://www.ipwatchdog.com/2021/07/21/third-option-limited-ip-waiver-solve-pandemic-vaccine-problems/id=135732/~~ Justin AND deter the technological investment to create life-saving solutions in the future. The plan is critical to boosting WTO legitimacy.Navnit 21 ~Brajendra; Ambassador and Permanent Representative of India to WTO; "Science has delivered, will the WTO deliver?" Helsinki Times; 1/18/21; https://www.helsinkitimes.fi/columns/columns/viewpoint/18561-science-has-delivered-will-the-wto-deliver.html~~ Justin AND A rating" for Availability only. Our future generations deserve nothing less. WTO cred solves wars that go nuclear.Hamann 09 ~Georgia; 2009; J.D. Candidate, Vanderbilt University Law School; "Replacing Slingshots with Swords: Implications of the Antigua-Gambling 22.6 Panel Report for Developing Countries and the World Trading System," VANDERBILT JOURNAL OF TRANSNATIONAL LAW, http://www.jogoremoto.pt/docs/extra/duqJ53.pdf~~ Justin AND keenly aware of the responsibility they have to uphold the organization’s credibility.108 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 actionsMoen 16, Ole Martin (PhD, Research Fellow in Philosophy at University of Oslo). "An Argument for Hedonism." Journal of Value Inquiry 50.2 (2016): 267. AND notion of legal standing will outstrip the power relations that ground Pettit’s theory. 4~ Extinction outweighsMacAskill 14 ~William, Oxford Philosopher and youngest tenured philosopher in the world, Normative Uncertainty, 2014~ AND with the benefit of keeping one’s options open while one gains new information. Underview1~ Aff gets 1AR theory since the neg can be infinitely abusive and I can’t check back. It’s drop the debater since the 1ar is too short to win both theory and substance. No RVI or 2NR paradigm issues since they’d dump on it for 6 minutes and my 3-minute 2AR is spread too thin. Competing interps since reasonability is arbitrary and bites judge intervention.2~ Apocalyptic images challenge dominant power structures to create futures of social justiceJessica Hurley 17, Assistant Professor in the Humanities at the University of Chicago, "Impossible Futures: Fictions of Risk in the Longue Durée", Duke University Press, https://read.dukeupress.edu/american-literature/article/89/4/761/132823/Impossible-Futures-Fictions-of-Risk-in-the-Longue AND modeling cannot contain: that the future will be unimaginably different from the present | 10/16/21 |
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