2009-2010 Apryl Giraudon Greenhill School
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September/October
Affirmatives
"Education AC"
John Dewey explains how the goal of education is to better the curriculum and create an environment that encourages further education, John Dewey. Democracy and Education: An Introduction to The Philosophy of Education. 2005. "Power to grow...the desire effective."
The purpose of education is to offer knowledge and guidance that grows from year to year and that has no end goal. John Dewey 2 describes how students should be taught education that makes the future society well educated. John Dewey. Democracy and Education: An Introduction to The Philosophy of Education. 2005. "It is the business...a better future society."
S) Increasing educational development
Contention 1: Exit Exams tradeoff with enriched education
High Stakes Testing narrows the scope of student’s studies. Wayne Au 2007[Assistant Professor in the Department of Secondary Education at California State University, he is also an editor for the journal Rethinking Schools, and his research interests include social justice education and critical educational theory] “High Stakes Testing and Curricular Control: A Qualitative Meta synthesis” Vol.36, pg. 262. TT "The dominant theme....control over curriculum."
Exit exams’ emphasis on test scores compels teachers to replace engaging, enlightening, and interactive lessons with practice worksheets. This severely limits students’ ability to learn, because their knowledge base is narrowed to a hyper-specific and ultimately meaningless goal—passing a multiple-choice test of unvaried skills. George F Madaus. [George Maduas is a professor of education and public policy and a senior fellow with The National Board on Educational Testing and Public Policy at Boston College.] “The Distortion of Teaching and Testing: High-Stakes Testing and Instruction.” Peabody Journal of Education, Vol. 65, No. 3. (Spring 1988): 29-46 at 41 AG "Teachers pay particular...base instructional decisions."
Contention 2: Exit Exams increase drop out rates
Exit exams decrease the graduation rate, Warren and Grodsky write, John Warren and Eric Grodsky [Warren is a professor of sociology at the Universty of Minnesota. Eric Grodksy is an assistant professor in the Department of Sociology at the University of Minnesota.] “Exit Exams Harm Students Who Fail Them – and Don’t Benefit Students Who Pass Them.” Phi Delta Kappan Vol. 90, No. 09, (May 2009) pp. 645-649 at 646 "Our analysis indicates....diploma each year."
Higher high school dropouts will lead to a decrease of economic growth and competitiveness. Affirming is key to preventing economic catastrophe. Committee on education and labor further explains the terminal impact, High School Dropout Crisis Threatens U.S. Economic Growth and Competitiveness, Witnesses Tell House Panel” Committee on Education and Labor. (May 12, 2009) http://edlabor.house.gov/newsroom/2009/05/high-school-dropout-crisis-thr.shtml AG "The crisis we're....revenues or cost savings."
"Gunzenhauser AC"
The affirmative’s philosophical implications are crucial because they frame the particular question of exit exams
A philosophy is never complete…education that is being served.
standard is maintaining critical dialogue in education.
First, high-stakes testin values numbers over content.
From a scientific standpoint, high-stakes tests cannot do all that …performance on standardized tests taking center stage.
Exit exams compel teachers to devote more time to test preparation strategies at the expense of content; resources that could otherwise go to reduced class sizes, better materials, and enrichment programs are better spent on test preparation.
Second, the American testing culture is entrenched in education discourse
Standardized testing is often legitimated through… into the culture because it is legitimate.
high-stakes testing threatens the fabric of democratic society—thoughtful and responsible civic participation.
it is critical to overcome the well-known out come… themselves and for the well-being of the nation and the global community.
Third, leads to normalization.
In the context of high-stakes accountability…according to the relation to the normal.
Normalization cuts off the individual’s ability to see foreclosed choices
Normalization works through multiple disciplinary… questionable limits on what we can know about ourselves” (412).
Fourth, high-stakes assessment is fallible and oppressive.
If an educated self is one capable of seeking truth, then surely Foucault’s more expansive notion of truth is called for, making for a more integrated notion of the self. Following Foucault, we have the basis for… involving teachers in their own mode of subjection (Foucault, 1976/1990).
Michael G. Gunzenhauser [Associate Professor of Social and Comparative Analysis in Education, School Leadership, and Administrative and Policy Studies at the University of Pittsburgh], “High-Stakes Testing and the Default Philosophy of Education,” Theory into Practice, Vol. 42, No. 1, The Impact of High-Stakes Testing (Winter, 2003), pp. 51-58, at 52. http://www.jstor.org/stable/1477318
Supra note 1, at 54.
Michele S. Moses [Associate Professor and Chair of Education Policy and Philosophy, University of Colorado at Boulder] & Michael J. Nanna [Director of Institutional Research and Planning at the College for Creative Studies], “The Testing Culture and the Persistence of High Stakes Testing Reforms,” Education and Culture 23 (1) (2007): 55-72 at 64-65. Embedded quotation: Boyles, Deron. (1998). American education and corporations: The free market goes to schools. New York: Garland Publishing.
Sirotnik, Kenneth A. "Promoting Responsible Accountability in Schools and Education." The Phi Delta Kappan 83.9 (2002): 662-73. (p. 666) Kenneth A. Sirotnik is a professor and director of the Institute for the Study of Educational Policy, College of Education, University of Washington, Seattle.
Michael G. Gunzenhauser [Associate Professor of Social and Comparative Analysis in Education, School Leadership, and Administrative and Policy Studies at the University of Pittsburgh], “Normalizing the Educated Subject: A Foucaultian Analysis of High-Stakes Accountability,” Educational Studies 39:3 (2006), 241-259, at 248-249.
"'Negatives'"
College Readiness NC
Education is an investment for the future, so high school diplomas should provide students with the skills necessary to continue their education. It is the quality of education that will determine individual earnings, the distribution of income, and economic growth. Eric A. Hanushek [Senior Fellow at the Hoover Institution of Stanford University; chair of the Board of Directors of the National Board for Education Sciences] and Ludger Woessmann [Professor of Economics of Education at the University of Munich; Head of the Department “Human Capital and Innovation” at Ifo Institute for Economic Research], “The Role of School Improvement in Economic Development,” CESifo Working Paper No. 1911, February 2007, 76. "The accumulated evidence from...performance for nations."
Universal college attendance may be an unrealistic ideal, but college readiness rates are an accurate measure of educational achievement; college admission qualifications force students to meet the standards of a well-ordered society. Greene and Winters of the Manhattan Institute for Policy Research explain Jay P. Greene [Senior Fellow, Manhattan Institute for Policy Research] and Marcus A. Winters [Research Associate, Manhattan Institute for Policy Research], “Public High School Graduation and College-Readiness Rates: 1991-2002,” Education Working Paper No. 8, February 2005, at 6. "The criteria used in...read at a basic level."
S) Increasing College Readiness
Contention
exit exams increase college readiness rates, providing students with the necessary skills for civic engagement. Jay P. Greene [Senior Fellow, Manhattan Institute for Policy Research] and Marcus A. Winters [Research Associate, Manhattan Institute for Policy Research], “Public High School Graduation and College-Readiness Rates: 1991-2002,” Education Working Paper No. 8, February 2005, at 6. "Far fewer students...than their predecessors."
Exit exams provide the quality of education that has powerful effects on human capital and economic productivity. The quantity (number of years in school) is statistically irrelevant. Eric A. Hanushek [Senior Fellow at the Hoover Institution of Stanford University; chair of the Board of Directors of the National Board for Education Sciences] and Ludger Woessmann [Professor of Economics of Education at the University of Munich; Head of the Department “Human Capital and Innovation” at Ifo Institute for Economic Research], “The Role of School Improvement in Economic Development,” CESifo Working Paper No. 1911, February 2007, 26-27 "Over the past ten years...quality basically unchanged."
'Instead of abolishing standardized exit exams, states should establish remediation programs for students at risk of failure; local councils would receive funding for remedial services based on need.
Naomi Chudowsky et al. [Chudowsky is a Senior Program Officer at the National Research Council, Board on Testing and Assessment, Nancy Kober is a consultant to the Center on Education Policy and co-author and editor of the Center's annual reports on NCLB, Keith Gaylor is the Lead Academic Policy specialist for the Maryland State Department of Education, Madlene Hamilton is a research trainee funded by the National Institute of Child and Human Development] “State High School Exit Exams: A Baseline Report.” Center on Education Policy. ERIC (2002). pp.16 http://www.eric.ed.gov/ERICDocs/data/ericdocs2sql/content_storage_01/0000019b/80/1a/ad/d2.pdf p13 AG "The goal of exit...during classroom time."
Choice CP NC
Each state department of education should establish an accountability-tied voucher system featuring a 10th grade curriculum-based external exit examination based on the standards of the International Programme for Student Assessment.
"'The implementation of a voucher system would solve any potential harms of CBEEEs and increase the quality of education."' Eric A. Hanushek [Senior Fellow at the Hoover Institution of Stanford University; chair of the Board of Directors of the National Board for Education Sciences] and Ludger Woessmann [Professor of Economics of Education at the University of Munich; Head of the Department “Human Capital and Innovation” at Ifo Institute for Economic Research], “The Role of School Improvement in Economic Development,” CESifo Working Paper No. 1911, February 2007, 72. "Evidence on the impacts...with external exams."
A central examination system in conjunction with parental choice for competitive private schools creates incentives for all relevant actors to increase education quality: John H. Bishop [Associate Professor of Human Resource Studies, Cornell University] and Ludger Woessmann [Professor of Economics of Education at the University of Munich; Head of the Department “Human Capital and Innovation” at Ifo Institute for Economic Research], “Institutional Effects in a Simple Model of Educational Production,” Education Economics, 12:1 (2004), 17-38, 19. "The model is applied...in the political process."
1. Accountability-tied voucher systems increase achievement by disadvantaged groups. Martin West and Paul Peterson: Martin R. West [Assistant Professor of Education, Political Science, and Public Policy at Brown University] and Paul E. Peterson [Professor of Government and Director of the Program on Education Policy and Governance at Harvard University, a Senior Fellow at the Hoover Institution at Stanford University, and Editor-In-Chief of Education Next], “The Efficacy of Choice Threats Within School Accountability Systems: Results from Legislatively Induced Experiments,” paper presented before the Annual Conference of the Royal Economic Society, University of Nottingham, March 23, 2005, at 11-12. "As the result of...eligible for free lunch."
The A+ plan, combined with more high-stakes testing, will ensure higher achievement for more students. David N. Figlio [Professor of Economics at the University of Florida] and Cecilia Elena Rouse [Professor of Economics and Public Affairs at Princeton University], “Do accountability and voucher threats improve low-performing schools?” Journal of Public Economics 90 (2006) 239-255, at 254. "This paper attempts... larger set of students."
2. Privatization is key to competition in the public school system. Choice plans for public school districts increase educational productivity. Herbert J. Walberg [University Scholar at the University of Illinois at Chicago, chairman of the board of directors of the Heartland Institute, distinguished visiting fellow at the Hoover Institution and a member of the Koret Task Force on K–12 Education], “Uncompetitive American Schools: Causes and Cures,” Brookings Papers on Education Policy, No. 1 (1998), pp. 173-226, at 179-180. http://www.jstor.org/stable/20067197 citing Caroline Minter Hoxby, “Does Competition among Public Schools Benefit Students and Taxpayers? Evidence from Natural Variation in School Districting,” Working Paper No. 4979 (Harvard University, National Bureau of Economic Research, 1994). "Meanwhile, small adjacent...for citizen consumers."
November/December
Affirmatives
Util Aff 1--(Read Round 2 and 4 Apple Valley)
Gil Siegal [Center for Health Law and Bioethics, Kiryat Ono College, Israel], Neomi Siegal [Maccabi HMO, Tel Aviv, Israel], and Richard Bonnie [School of Law, University of Virginia, Charlottesville], “An Account of Collective Actions in Public Health,” American Journal of Publics Health, September 2009, Vol. 99, No.9, 3.[when deflections become too numerous, lowering the immunization rate below the level of herd immunity”]
Marcel Verweij [Utrecht University Ethics Institute, Heidelberglaan] and Angus Dawson [Keele Hall, Staffordshire] “Ethical Principles for Collective Immunisation Programmes” Vaccine 2. (2004)pp 3122–3126 [the disease targeted by vaccination… there is a chance (even a small chance) of a very large outbreak]
R. M. Hare, “Moral Conflicts,” The Tanner Lectures on Human Values, Delivered at the Utah State University, Oct. 5, 1978, 175. [Nobody who actually uses moral language… conflict between intuitions, it is time to call in reason]
Ronald Bayer [School of Public Health, Columbia University, and the HIV Center for Clinical and Behavioral Studies, NY State Psychiatric Institute] and Laurence Dupuis [Division of Bioethics, Montefiore Medical Center, NY], “Tuberculosis, Public Health, and Civil Liberties,” Annual Review of Public Health, 1995, 16:307-26, 312. [In contemporary ethical theory, and… authorize state action to enforce such requirements]
Dudley Knowles [Moral Philosophy, University of Glasgow], “A Reformulation of the Harm Principle,” Political Theory, May 1978, 233-246, 239-240. [The distinction between action-types and token actions...swimming to prevent people from causing the death of others] S) preventing action types that endanger third parties Sub-point A: Kevin M. Malone [anesthesiologist] and Alan R. Hinman [Senior Public Health Scientist at Emory’s Task Force for Global Health], “Vaccination Mandates: The Public Health Imperative and Individual Rights,” Law in Public Health Practice, Ed. Richard A. Goodman, New York: Oxford University Press, 2007. 263. [a community free of an infectious disease because…by communities (in recent times, by states) to mandate particular vaccinations]
Stephen P. Teret & Jon S. Vernick,[Stephen is a Professor of Health Policy and Management at Johns Hopkins Bloomberg School of Public Health and Director of Johns Hopkins Center for Law and the Public’s Health. Jon is Associate Professor of Health Policy and Management at Johns Hopkins Bloomberg School of Public Health and Associate Director, Johns Hopkins Center for Law and the Public’s Health.] Commentary, Gambling with the Health of Others, 107 Mich. L. Rev. First Impressions (2009), pp110-113at 111 www.michiganlawreview.org/firstimpressions/vol107/teretvernick.pdf. [Not only are these nonimmunized children exposed…her child poses serious risk to the public]
Sub-point B: Dan E. Beauchamp [Department of Health Administration, UNC Chapel Hill], “Public Health and Individual Liberty,” Ann. Rev. Public Health 1980, 1:121-36, 129-130. [To the participants in the original position…necessary means for the completion of everyone's plans]
MV. Rajeev Gowda [Research Fellow, Science and Public Policy Program, Assistant Professor, Department of Political Science, University of Oklahoma], “Heuristics, biases, and the regulation of risk,” Policy Sciences 32: 59-78, 1999, 62. [The availability heuristic states that people… the latter costs substantially more lives]
Util Aff 2 (Read Round 5 Apple Valley)
National Vaccine Program Office (2004) The Next Influenza Pandemic Unfolds...Washington, DC: United States Department of Health & Human Services. 26. [Does State law allow…… ‘essential’ for public safety?]
Gil Siegal [Center for Health Law and Bioethics, Kiryat Ono College, Israel], Neomi Siegal [Maccabi HMO, Tel Aviv, Israel], and Richard Bonnie [School of Law, University of Virginia, Charlottesville], “An Account of Collective Actions in Public Health,” American Journal of Publics Health, September 2009, Vol. 99, No.9, 3.[when deflections become too numerous, lowering the immunization rate below the level of herd immunity”]
Marcel Verweij [Utrecht University Ethics Institute, Heidelberglaan] and Angus Dawson [Keele Hall, Staffordshire] “Ethical Principles for Collective Immunisation Programmes” Vaccine 2. (2004)pp 3122–3126 [the disease targeted by vaccination… there is a chance (even a small chance) of a very large outbreak]
R. M. Hare, “Moral Conflicts,” The Tanner Lectures on Human Values, Delivered at the Utah State University, Oct. 5, 1978, 175. [Nobody who actually uses moral language… conflict between intuitions, it is time to call in reason]
Ronald Bayer [School of Public Health, Columbia University, and the HIV Center for Clinical and Behavioral Studies, NY State Psychiatric Institute] and Laurence Dupuis [Division of Bioethics, Montefiore Medical Center, NY], “Tuberculosis, Public Health, and Civil Liberties,” Annual Review of Public Health, 1995, 16:307-26, 312. [In contemporary ethical theory, and… authorize state action to enforce such requirements]
Thomas May [Center for the Study of Bioethics; Medical College of Wisconsin] and Ross D. Silverman [Department of Medical Humanities; Southern Illinois University School of Medicine], “Free-Riding, Fairness, and the Rights of Minority Groups in Exemption from Mandatory Childhood Vaccination,” Human Vaccines 1:1, 12-15 (January/February 2005). [This autonomy-right, however, can be overridden… vaccination tends to happen in areas defined by religious communities.]
Steve P. Calandrillo [Associate Professor at the University of Washington School of Law], “Vanishing Vaccinations: Why Are So Many Americans Opting Out of Vaccinating Their Children?” 37 U. Mich. J.L. Reform 353 (Winter 2004). [compulsory vaccination laws were enacted…allowing disease hot spots to emerge.]
Edward Richards (J.D.) and Katharine Rathbun (M.D.), “Compulsory Immunization,” Law and Physician: A Practical Guide, 1993, Ch. 28. http://biotech.law.lsu.edu/Books/lbb/x790.htm [The more difficult problem…..who are susceptible to contagion.]
Steve P. Calandrillo [Associate Professor at the University of Washington School of Law], “Vanishing Vaccinations: Why Are So Many Americans Opting Out of Vaccinating Their Children?” 37 U. Mich. J.L. Reform 353 (Winter 2004). [The clustering of exemptions….in the late 1990’s.]
Tim Dare [Professor of Philosophy at the University of Auckland, New Zealand], “Mass Immunisation Programmes: Some Philosphical Issues,” Bioethics, Vol. 12, No. 2 (1998). [But serious doubts may remain….under the harm principle.]
Dan E. Beauchamp [Department of Health Administration, UNC Chapel Hill], “Public Health and Individual Liberty,” Ann. Rev. Public Health 1980, 1:121-36, 129-130. [To the participants in the original position…necessary means for the completion of everyone's plans]
Negatives
Agency Neg 1(Read Round 1 & 3 - Apple Valley)
Standard is respecting the inviolability of persons. F. M. Kamm --Non-Consequentialism, the Person as an End-in-Itself, and the Significance of Status Reviewed work(s): The Limits of Morality. by Shelly Kagan , Actions, Intentions, and Consequences: The Doctrine of Doing and Allowing. by Warren Quinn Source: Philosophy and Public Affairs, Vol. 21, No. 4, (Autumn, 1992), pp. 354-389. Formerly published by Princeton University Press. [If we are inviolable….heed the greater inviolability of persons.]
Dwight Furrow. “Objective Moral Reasons.” Ethics. 2005. 20. [according to kant moral requirements….impose moral constraints on ourselves.]
David McNaughton and Piers Rawling, “Deontology,” Ethics in Practice, ed. Hugh LaFollette, 3rd edition, (Blackwell, Oxford, 2007), 40 [does someone have personal reason….there is no balance to be struck.]
Christine Korsgaard [Professor of Philosophy at Harvard University], “The Reasons We Can Share: An Attack on the Distinction between Agent-Relative and Agent-Neutral Values,” Social Philosophy and Policy, Vol. 10, Issue 1, January 1993, p. 26 of 48. [according to Kant, you treat…..will contribute to what happens.]
Isaacs D [Department of Immunology and Infectious Diseases], Kilham Ha [Medicine, Children’s Hospital at Westmead, New South Wales], Marshall H [Paediatric Trials Unit], “Should routine childhood immunizations be compulsory?” Child Health (2004) 40, 392-396, 394. [A rights-based approach can also be……adult as a societal assult.]
Judith Jarvis Thomson [Professor Emeritus of Philosophy, MIT], “A Defense of Abortion,” Philosophy and Public Affairs, Vol. 1, No. 1 (Autumn, 1971), pp. 47-66, 55 [For we should not….a right to be given.]
Isaacs D [Department of Immunology and Infectious Diseases], Kilham Ha [Medicine, Children’s Hospital at Westmead, New South Wales], Marshall H [Paediatric Trials Unit], “Should routine childhood immunizations be compulsory?” Child Health (2004) 40, 392-396, pp. 395. [The state already applies coercion….childhood immunization so much the better.]
Agency Neg 2 (Read Round 6 & 7 - AppleValley and more)
Standard is respecting the inviolability of persons. F. M. Kamm --Non-Consequentialism, the Person as an End-in-Itself, and the Significance of Status Reviewed work(s): The Limits of Morality. by Shelly Kagan , Actions, Intentions, and Consequences: The Doctrine of Doing and Allowing. by Warren Quinn Source: Philosophy and Public Affairs, Vol. 21, No. 4, (Autumn, 1992), pp. 354-389. Formerly published by Princeton University Press. [If we are inviolable….heed the greater inviolability of persons.]
Dwight Furrow. “Objective Moral Reasons.” Ethics. 2005. 20. [according to kant moral requirements….impose moral constraints on ourselves.]
David McNaughton and Piers Rawling, “Deontology,” Ethics in Practice, ed. Hugh LaFollette, 3rd edition, (Blackwell, Oxford, 2007), 40 [does someone have personal reason….there is no balance to be struck.]
Christine Korsgaard [Professor of Philosophy at Harvard University], “The Reasons We Can Share: An Attack on the Distinction between Agent-Relative and Agent-Neutral Values,” Social Philosophy and Policy, Vol. 10, Issue 1, January 1993, p. 26 of 48. [according to Kant, you treat…..will contribute to what happens.]
Isaacs D [Department of Immunology and Infectious Diseases], Kilham Ha [Medicine, Children’s Hospital at Westmead, New South Wales], Marshall H [Paediatric Trials Unit], “Should routine childhood immunizations be compulsory?” Child Health (2004) 40, 392-396, 394. [A rights-based approach can also be……adult as a societal assult.]
Judith Jarvis Thomson [Professor Emeritus of Philosophy, MIT], “A Defense of Abortion,” Philosophy and Public Affairs, Vol. 1, No. 1 (Autumn, 1971), pp. 47-66, 55 [It sounds plausible….do him no injustice.]
January/February
Affrimatives
Deontology AC
Definition of Morality Bernard Gent (Dartmouth Philosophy). “The Definition of Morality.” Stanford Encyclopedia of Philosophy. 2008 “an informal public… as its goal.”
Value is Morality
Good is predicated on a human being’s wants or desires, while right refers to rationality as a principle that is not influenced by situations or circumstances. Dwight Furrow. “Moral Agency.” Ethics. 2005 “This is because… constraints on ourselves.”
Humans are distinct from animals because they are rational beings who can act independently of their desires. Dwight Furrow. “Moral Agency.” Ethics. 2005. “How can human…morality requires freedom.”
Standard is respecting the sanctity of human life.
A. Economic Sanctions are an ineffective means to achieve foreign policy objectives and result in violating individuals’ lives. Roger Normand & Christoph Wilcke (Wilcke completed his degree of Master of Philosophy at the University of Oxford in Modern Middle Eastern Studies in the summer of 2001. Roger Normand is co-founder and Executive Director of the Center for Economic and Social Rights (CESR), a human rights group that advocates against poverty and economic injustice both at home and abroad.) Transnational Law & Contemporary Problems Fall, 2001 SYMPOSIUM: INTERNATIONAL SANCTIONS AGAINST IRAQ: WHERE ARE WE AFTER TEN YEARS? Human Rights, Sanctions, and Terrorist Threats: The United Nations Sanctions Against Iraq. “The fourth ethical…sanctions is real.”
Economic sanctions strengthen oppressive regimes. Arne Tostensen and Beate Bull. (Tostensen is a senior researcher at the Chr. Michelsen Institute (CMI) and the University of Bergen to study the electoral process. He is the coordinator of the research collaboration. Beate is a senior advisor at Norad), “Are Smart Sanctions Feasible?”, World Politics volume 54 number 4. 2002. 373-403. JSTOR. “While a transmission …from his abuses.”
Sanctions hurt the quality of life for innocent civilians by adding to the monetary and political power of the elites. Adam Winkler professor at the UCLA school of law, Human Rights Quarterly. “Embargoes can also…to their adoption.”
Economic sanctions devalue the populace in target nations. Cortright, David and George A Lopez. "Are Sanctions Just? The Problematic Case of Iraq." Journal of International Affairs (1999).”Each of the contending….generation or more”
B. Diplomatic sanctions effectively curtail international security threats. James A. Phillips (Senior Policy Analyst at the Heritage Foundation). “The Changing Face of Middle Eastern Terrorism.” October 6, 1994. http://www.heritage.org/Research/HomelandSecurity/BG1005.cfm. “Countries victimized by……the 1991 Gulf War.”
Contractarian AC
(I run the case flexibly. Some versions don't have the Christopher, Amstutz, Lektain and Spreecher cards. I have also sometimes not run Nagel and the standard and have instead used the standard of minimizing oppression.)
Value is Morality
A consistent moral philosophy should explain the structure of moral reasoning and the kinds of obligations that follow from this structure. Thomas Nagel, "Equality," Mortal Questions, Cambridge (Cambridge University Press, 1979), 126. "I have a…with fair detachment"
This view yields a moral obligation to minimize the unacceptability of policy options. Thomas Nagel, "Equality," Mortal Questions, Cambridge (Cambridge University Press, 1979), 126 "So let me…in this sense"
Standard is minimizing the unacceptability of policy options
A. Economic sanctions harm the most disadvantaged members of society. Roger Normand & Christoph Wilcke (Wilcke completed his degree of Master of Philosophy at the University of Oxford in Modern Middle Eastern Studies in the summer of 2001. Roger Normand is co-founder and Executive Director of the Center for Economic and Social Rights (CESR), a human rights group that advocates against poverty and economic injustice both at home and abroad.) Transnational Law & Contemporary Problems Fall, 2001 SYMPOSIUM: INTERNATIONAL SANCTIONS AGAINST IRAQ: WHERE ARE WE AFTER TEN YEARS? Human Rights, Sanctions, and Terrorist Threats: The United Nations Sanctions Against Iraq "The third concern..the most valuable"
This harm is built into the logic of economic sanctions. Roger Normand & Christoph Wilcke (Wilcke completed his degree of Master of Philosophy at the University of Oxford in Modern Middle Eastern Studies in the summer of 2001. Roger Normand is co-founder and Executive Director of the Center for Economic and Social Rights (CESR), a human rights group that advocates against poverty and economic injustice both at home and abroad.) Transnational Law & Contemporary Problems Fall, 2001 SYMPOSIUM: INTERNATIONAL SANCTIONS AGAINST IRAQ: WHERE ARE WE AFTER TEN YEARS? Human Rights, Sanctions, and Terrorist Threats: The United Nations Sanctions Against Iraq "This conclusion elicits...further impoverish them"
The indiscriminate nature of sanctions is instrumental to their success; this factor is what makes sanctions a uniquely immoral foreign policy tool. Mark R. Amstutz [Professor of Political Science at Wheaton College], “The Ethics of Economic Sanctions,” International Ethics: Concepts, Theories, and Cases in Global Politics, Third Edition, 2008, 189 “Some scholars have…on the leadership”
B. Economic sanctions increase harms against non-consenting individuals beyond the imposition of sanctions themselves; they increase the power of oppressive leaders, furthering human rights abuses. Jacob Weisberg “Thanks for the Sanctions: Why do we keep using a policy that helps dictators?” The Slate. Aug. 2, 2006. http://www.slate.com/id/2147058/ “Sanctions tend to…off their chains”
Also, sanctions increase the probability of war. David J. Lektzian and Christopher M. Sprecher [University of New Orleans and Texas A&M University], “Sanctions, Signals, and Militarized Conflict” American Journal of Political Science, Vol. 51, No. 2 (Apr. 2007) pp. 415-431. FD “Sanctions can function…will also occur”
Sanctions exacerbate intra-state conflicts by creating an imbalance of military capability. Noel Malcolm [Fellow of the British Academy, History], Bosnia: A Short History, 1994, 241-242. “Because the war…sentence of death”
Not even targeted sanctions can avoid the problem of targeting a nation in the face of intra-state conflicts. Jacob Weisberg “Thanks for the Sanctions: Why do we keep using a policy that helps dictators?” The Slate. Aug. 2, 2006. http://www.slate.com/id/2147058/ “Tyrants seem to…for 47 years”
C. Diplomatic sanctions have proved to be an effective alternative to economic sanctions. James A. Phillips (Senior Policy Analyst at the Heritage Foundation). “The Changing Face of Middle Eastern Terrorism.” October 6, 1994. http://www.heritage.org/Research/HomelandSecurity/BG1005.cfm “Countries victimized by…1991 Gulf War”
Economic sanctions are immoral because they harm the worst-off more than alternative foreign policy options. A.J. Christopher [Professor of Geography, University of Port Elizabeth], “The Pattern of Diplomatic Sanctions against South Africa 1948-1994,” GeoJournal 34.4 (1994), 439-446, at 446. JMN “The application of…the international community"
NDCA Policy AC
I advocate the lifting of all economic sanctions currently in place and the ban of all future economic sanctions.
The negative must defend current or future sanctions on Iran and North Korea for four reasons:
1. AC/ NC fair ground division 2. Time skew 3. Predictability
Advantage 1: Iran
Subpoint A. Sanctions on Iran will be ineffective.
Financial sanctions did not stop Iran from developing multiple nuclear facilities and advancing the uranium enrichment process. Gareth Porter, “NIE Reveals Qom Facility Followed 2007 Bush Threats,” October 24, 2009, http://original.antiwar.com/porter/2009/10/23/nie-reveals-qom-facility-followed-2007-bush-threats/. “Despite the claim,….a serious possibility.”
Subpoint B: Sanctions prevent the best possible chance of effective counter-proliferation: direct, unconditional negotiations with Iran.
Iran will not accept any proposal that does not address the underlying causes of its drive to develop nuclear weapons. Flynn Leverett [Senior Fellow at the New America Foundation in Washington, DC], “Iran: Sanctions Will Fail – Then What?” Interview with MRZine/KBO Radio, April 10, 2010, available at http://www.campaigniran.org/casmii/index.php?q=node/9807. Accessed April 16, 2010. “On the nuclear issue…with regard to Iran.”
Subpoint C: Israel will not strike Iran if the US were to lift sanctions.
The Israeli Prime Minister himself said Israel is not considering a military strike. Aron Heller [Associated Press correspondent based in Jerusalem, Professor at the Sammy Ofer School of Communications in Hertzliya, Israel], “Netanyahu: Israel-Iran War Not Being Planned,” February 16, 2010, Huffington Post, available at http://www.huffingtonpost.com/2010/02/17/netanyahu-israel-iran-war_n_465165.html. “Israeli Prime Minister…sanction,” he said.”
Advantage 2: North Korea
Subpoint A: Sanctions on North Korea are not working.
Despite years of sanctions, North Korea continues to test nuclear devices, produce nuclear-grade fuel, and develop missiles. Chad O'Carroll [Chad O'Carroll is a spring intern at the Center for Arms Control and Non-Proliferation where tracks nuclear non-proliferation and international security issues, attends policy meetings and Congressional hearings, briefs members of staff, and assists with the Center's research on various national security issues.] “Head In The Sand,” available at http://www.nukesofhazardblog.com/user/Chad, March 29, 2010. “Another problem with….a nuclear North Korea.”
Subpoint B: Sanctions directly increase the probability of nuclear terrorism.
The current sanctions regime targets arms exports. The International Crisis Group 2010, “North Korea Under Tightening Sanctions,” Asia Briefing Nº101, March 15, 2010. “All UN member…economy and security.”
However, sanctions are hitting North Korea when it is at its most vulnerable. ICG-2 “As the enhanced…of illicit activities.”
In fact, sanctions have undercut a key source of foreign exchange: arms exports. In that sense, they have “worked.” ICG-3 “North Korea’s illicit transactions… seized in transit.”
All the sanctions have accomplished is changing the decision calculus of the DPRK. ICG-4 “With controls tightening…rocket-propelled grenades.”
This change in calculation is devastating. ICG-5 “Estimating revenue from…international crime organizations.”
Consequently, sanctions on North Korea are increasing the likelihood of nuclear-weapons transfers to dangerous non-state actors. ICG-6 “While the interdictions…dangerous smuggling attempts.”
The leading expert on nuclear terrorism describes a conservative estimate of a single nuclear terrorist attack. Graham Allison 2007 [Director of Harvard’s Belfer Center for Science and International Affairs], “How Likely is a Nuclear Terrorist Attack on the United States?” Council on Foreign Relations Online Debate, April 17, 2007. Accessed April 16, 2010. “Let’s run a little…clutches are unacceptable.”
Negatives
Libya Terrorism NC
Value is International Security Standard is preventing terrorism
Terrorism causes incomparable damage. James R. Barth et al 2006, “Economic Impacts of Global Terrorism: From Munich to Bali,” Milken Institute October 2006 Report, available at http://www.milkeninstitute.org/pdf/econ_impact_terrorism.pdf.. “Terrorism has been….around the world.”
Sanctions have forced the Libyan government to comply with demands of the UN Security Council. Gary Hufbauer, Jeffrey J. Schott,and Barbara Oegg, [Gary Clyde Hufbauer, Reginald Jones Senior Fellow. Jeffrey J. Schott, senior fellow. Barbara Oegg is a research assistant at the Institute for International Economics]. Using Sanctions to Fight Terrorism November 2001. “According to Patterns…Pan Am suspects.”
The direct effect is incremental, but the success of even one sanction can echo throughout the international arena. Sammy Salama, (Research Associate) “Was Libyan WMD Disarmament a Significant Success for Nonproliferation?” the James Martin Center for Nonproliferation Studies at the Monterey Institute of International Studies. 2007. “Third, Libya’s decision….other financial inducements.”
Myanmar NC
Value is morality. Standard is protecting human rights.
Countries must intervene when human rights abuses occur. John D Kraemer, Dhrubajyoti Bhattacharya and Lawrence O Gostin. aO'Neill Institute for National and Global Health Law, Georgetown University Law Center, Washington, DC 20001, USA "If leaders act,…without host-country consent."
A. The Burmese military regime abuses human rights Max Baucus for the U.S. Senate Committee on Finance, “Approving the Renewal of Import Restrictions Contained in the Burmese Freedom and Democracy Act of 2003,” July 29, 2009, Report 111-63. "Since taking power…on economic projects."
B. Economic sanctions are a permissible foreign policy tool to combat human rights abuses. Richard Verma for the U.S. Department of State, Letter to the Committee on Finance, July 20, 2009.http://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=111_cong_reports&docid=f:sr063.pdf "U.S. economic sanctions …Bopen to meaningful democratization."
C. We need to review the sanctions because of the lack of reform. Richard Verma for the U.S. Department of State, Letter to the Committee on Finance, July 20, 2009.http://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=111_cong_reports&docid=f:sr063.pdf "Burma’s generals continue…for another year."
Overfishing NC
Value is Morality
Thomas Hill explains why a failure to protect the earth harms humans. Thomas E. Hill, Jr., "Ideals of Human Excellence and Preserving Natural Environments," Environmental Ethics 5, 1984. Reprinted in Ethics in Practice, Third Edition, with the kind permission of the author. JMN “If someone challenges…own as insignificant.”
Standard is protecting the earth’s biodiversity
Overfishing is an overlooked global problem. Craig Kundis, Associate Professor of Law at the University of Indiana. 34 McGeorge Law Review 155. 2003. “Biodiversity and ecosystem…business as a result.”
Fish populations are on the brink from overfishing James Gustav Speth. "A new American environmentalism and the new economy", 2/8/10, http://www.grist.org/article/2010-02-07-a-new-american-environmentalism-and-the-new-economy. “Meanwhile, the United States…are accelerating, dramatically.”
Overfishing causes incomparable damage; trade agreements and international organizations to prevent overfishing are ineffective. Zachery Tyler. “Saving Fisheries on the High Seas: The Use of Trade Sanctions To Force Compliance Multilateral Fisheries Agreements” Tulane Environmental Law Journal Vol 20 No 43. 2006. “The failure of existing…answer to this dilemma.”
Global trade sanctions in the form of import prohibitions on targeted fish solve overfishing. Zachery Tyler. “Saving Fisheries on the High Seas: The Use of Trade Sanctions To Force Compliance Multilateral Fisheries Agreements” Tulane Environmental Law Journal Vol 20 No 43. 2006. “The strongest and most…fleets are in compliance.”
Economic sanctions uniquely solve the problems associated with current methods. Zachery Tyler. “Saving Fisheries on the High Seas: The Use of Trade Sanctions To Force Compliance Multilateral Fisheries Agreements” Tulane Environmental Law Journal Vol 20 No 43. 2006. “RFMOs and other fisheries…MEAs should adopt.”
Drezner NC
I value political legitimacy. George Kennan [Professor Emeritus at the Institute for Advanced Study at Princeton University], “Morality and Foreign Policy,” Foreign Affairs (Winter 1985/1986). , “Let us recognize…interests it represents”
Therefore, the criterion is efficacy, defined as the ability to produce a desired or intended result.
A.) These critics focus on analyzing the success rate of economic sanctions only after they are imposed but miss the crucial stage that precedes imposition. Daniel Drezner, Daniel Drezner [Professor of Political Science at the University of Chicago], “The Hidden Hand of Economic Coercion,” International Organization 57, Summer 2003, pp. 643-659 at 654. “Game-theoretic models...than currently understood”
B.) Sanctions are effective because the threat of economic coercion often compels the would-be target regime to acquiesce to the would-be sender’s demands. Daniel Drezner [Professor of Political Science at the University of Chicago], “The Hidden Hand of Economic Coercion,” International Organization 57, Summer 2003, pp. 643-659 at 644. “Game-theoretic approaches...of economic diplomacy”
Disclosure NC
ROMAN NUMERAL ONE: INTERPRETATION – Both sides must disclose full outlines and source citations for in case or evidence read for offensive positions on the NDCA wiki at least one hour before the round.
ROMAN NUMERAL TWO: VIOLATION – My opponents outline and citations are not on the wiki! All my case citations for both sides are online. I have printed versions of the wiki index if you don’t believe me.
ROMAN NUMERAL THREE: STANDARDS
A. Argument quality 1) Element of surprise. Disclosure forces debaters to commit to quality 2) Second-line argumentation- If both sides had equal information to prepare first-line answers, debaters would have to devise more creative and thoughtful second-line arguments. 3) cross-pollination. Von Hippel ‘5 [Eric (Head of the Innovation and Entrepreneurship Group in the Sloan School of Management at the Massachusetts Institute of Technology); “Democratizing Information”; p. 88-89; http://web.mit.edu/evhippel/www/books.htm //nick] In the case of academic publications, …rewarded for it, as reflected in [citations]." This would have a powerful signaling effect Argument quality is key to education. Theory should be a forward-looking consideration because competing interpretations are just competing plans for debate. Theory is about competing rules for making debate better.
B. Evidence ethics Disclosure is the only way to prevent evidence distortion before it occurs. He might argue that evidence distortion doesn't happen often enough to justify disclosure, but without a public and transparent system, we have no way to know that! Without disclosure, the incentive structure is weak, and the prevention system is nonexistent. Misrepresentation of evidence harms the educational process because it rewards students for butchering academic articles and avoiding research.
C. Preparation asymmetry If he/she really cared about making this debate fair, he/she should have disclosed his outline and cites.
ROMAN NUMERAL FOUR: If he does not prove that nondisclosure is good, vote him down. A. Direct abuse – B. Deterrence – Doug Sigel 1984, “The Punishment Theory: Illegitimate Styles and Theories as Voting Issues,” Journal of the American Forensics Association, available online at http://groups.wfu.edu/debate/MiscSites/DRGArticles/DRGArtiarticlesIndex.htm. “There are at….their pre-round planning. “ C. Role of the Judge – It’s not what you do, it’s what you justify. D. Competitive incentives are key – Punishing the abusive debater with a loss is key to restoring competitive equity E. Positive feedback loop – If I win that disclosure is good, only the ballot will yield results Sanchez ‘5 [Kevin (debate coach); “[eDebate] open source / creative commons / how long will you folks keep this stuff locked?”; December 12; http://www.ndtceda.com/pipermail/edebate/2005-December/064838.html //nick] “At the NDT… the position itself.” Sanchez ‘5 [Kevin (debate coach); “[eDebate] open source / creative commons / how long will you folks keep this stuff locked?”; December 12; http://www.ndtceda.com/pipermail/edebate/2005-December/064838.html //nick] “Also I'd remind….ballots from free-riders.”
"DRC NC"
Ernie Regehr, Defense and Human Security, 1999. “While the security…state is secure“
Contention 1: Resource-fuelled conflict in the Democratic Republic of Congo (DRC) is a threat to peace
Efforts to end in the violence in the DRC are failing Global Witness, “How the UN and Member States Must Do More to End the Natural Resource-Fuelled Conflicts,” Global Witness Report, January 27, 2010, http://www.globalwitness.org/media_library_detail.php/919/en/lessons_unlearned_how_the_un_and_member_states_mus. (All further cites are from this source) “Today in the… an effective response.
The most common source of civil conflict is natural resources. Global Witness-2: “The DRC conflict...that do not”
And, the magnitude of the impact is huge. Global Witness-3: “As the situation…financed through plunder”
The salient feature of these conflicts is their self-financing nature. Global Witness-4: “It has long...of armed conflict”
Commerce is the strongest internal link to armed conflict. Global Witness-5: “The second conclusion…is played out”
UN and its Member States ought to impose and enforce commodity sanctions on minerals, diamonds, and timber on the Democratic Republic of Congo. My evidence is generalizable to any situation where a repressive government or military uses commodities to drive conflict.
Contention 2: Commodity sanctions are effective and avoid the harms of other sanctions. Global Witness-6 “The challenges posed…of limited use.
The efficacy of commodity sanctions is empirically verified. Global Witness-7 “Commodity sanctions are…security and human rights”
Commodity sanctions work quickly and decisively. Global Witness-8 “In 2001, Global…war in Liberia”
March/April
Affirmatives
Constitutional AC
This resolutional statement is one of absolute value.
(West. Thompson.com – legal dictionary) Jury nullification is defined as “a sanctioned doctrine…both law and fact.”
The value is justice defined as “the rendering to…one’s conduct or motives.” (Webster’s Dictionary)
The standard is government legitimacy.
Observation 1: Moral agency is essential to participation of the citizenry in a democracy. David N. Dorfman [Assistant Professor of Law, Pace University School of Law] and Chris K. Iijima [Assistant Professor of Law, Western New England College, School of Law] “Fictions, Fault, and Forgiveness: Jury Nullification in a New Context” University of Michigan J o u d of Law Refirm VoL. 28 No.4. (1995) p861-929. AG “We vote alone… be the norm.”
Contention 1 – Jury nullification checks abuse of the rule of law.
A.) Jury nullification gives citizens the right to check unjust laws. Arie M. Rubenstein “VERDICTS OF CONSCIENCE: NULLIFICATION AND THE MODERN JURY TRIAL” COLUMBIA LAW REVIEW Vol. 106. 2006. p959-993. AG “The traditional argument… of their actions.”
One historical example of the just check of jury nullification was its use against Fugitive Slave laws.
Citizens ought not divorce themselves from what they believe is inconsistent with a deeper view of morality. Michael J. Sandel. Harvard Professor. Justice: What is the Right Thing to Do? , , 2009, (page 243) “Asking democratic citizens… fear to tread”.
B.) Jury nullification serves as a direct check against the misapplication of just laws. Andrew J. Parmenter [B.S. 2004, Northwest Missouri State University; J.D. Candidate 2007, Washburn University School of Law] “Nullifying the Jury: “The Judicial Oligarchy” Declares War on Jury Nullification” Washburn Law Journal. Vol 46. Pp. 424 “Jury nullification protects… are applied unjustly.”
C.)Jury nullification checks government paternalism David Bazelon (Judge for DC Circuit Court of Appeals). United States v. Dougherty, 473 F.2d 1113, 1141 (D.C. Cir. 1972), dissenting opinion. “Among the most… the United States”
The International Society for Individual Liberty posits, “Despite the courts… ending alcohol prohibition.”
D.) Jury nullification checks against tyranny of the majority. Andrew J. Parmenter [B.S. 2004, Northwest Missouri State University; J.D. Candidate 2007, Washburn University School of Law] “Nullifying the Jury: “The Judicial Oligarchy” Declares War on Jury Nullification” Washburn Law Journal. Vol 46. Pp. 424 “Another important role… justice requires it.”
Negatives
Reviewable/Reciprocal NC
I negate Resolved: In the United States, jury nullification is a just check on government.
Richard St. John [Litigation partner at Munger, Tolles & Olson LLP, served as a law clerk to Judges Jon O. Newman and José A. Cabranes of the United States Court of Appeals for the Second Circuit] “License to Nullify: The Democratic and Constitutional Deficiencies of Authorized Jury Lawmaking” The Yale Law Journal Vol. 106 ( (1997). P. 2588-2589. Jstor. FD “Nullification simply cannot…majoritarian manner”
The value is justice defined by Webster’s as “the rendering to every one his/her due or right; just treatment… that which is due to one’s conduct or motives.”
The standard is government legitimacy
Contention 1- Jury nullification is not a JUST check on government because it is neither reviewable nor reciprocal.
A). Jury’s decisions are not reviewable. Richard St. John [Litigation partner at Munger, Tolles & Olson LLP, served as a law clerk to Judges Jon O. Newman and José A. Cabranes of the United States Court of Appeals for the Second Circuit] “License to Nullify: The Democratic and Constitutional Deficiencies of Authorized Jury Lawmaking” The Yale Law Journal Vol. 106 (8) (1997). P. 2588-2589. Jstor. TT “Second, when legislators…unconstitutional lawmaking behavior”
B. Jury decisions are not reciprocal. Richard St. John [Litigation partner at Munger, Tolles & Olson LLP, served as a law clerk to Judges Jon O. Newman and José A. Cabranes of the United States Court of Appeals for the Second Circuit] “License to Nullify: The Democratic and Constitutional Deficiencies of Authorized Jury Lawmaking” The Yale Law Journal Vol. 106 (8) (1997). P. 2583. Jstor. TT “When jurors step…be legally innocent.
